[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[From the U.S. Government Printing Office]


F8091

I95 

I0140 

I02Protection of Environment 

ï¿½iï¿½I03PART 52 

I04Revised as of July 1, 1996 

I10CONTAINING 

I10A CODIFICATION OF DOCUMENTS 

I10OF GENERAL APPLICABILITY 

I10AND FUTURE EFFECT

Q06 

I10AS OF JULY 1, 1996 

Q04

I11T3With Ancillaries

Q06 

I20Published by 

I20the Office of the Federal Register 

I20National Archives and Records

I20Administration

Q06 

I20as a Special Edition of 

I20the Federal Register 

F80927
I97?
ï¿½iiï¿½I25Q99Q99Q99Q30I25U.S. GOVERNMENT PRINTING OFFICE I25WASHINGTON : 1996 I96 I26For sale by U.S. Government Printing OfficeI26Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402ï¿½099328

F80928ï¿½iiiï¿½I01Table of Contents I05T3Page I40Explanation I41v I42Title 40: I43Chapter I_Environmental Protection Agency (Continued) (Part 52) I41 I42Finding Aids: I43Material Approved for Incorporation by ReferenceI411041I43Table of CFR Titles and Chapters I411049 I43Alphabetical List of Agencies Appearing in the CFR I411065 I43Table of OMB Control NumbersI411075I43List of CFR Sections Affected I411095

F80107

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S8006

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I22rn,s,n
I22DT3Cite this Code:T1CFR
I11
I22DT3To cite the regulations in this volume use title, part and section number. Thus, T140 CFR 52.01 T3refers to title 40, part 52, section 01.
Q04rn,s,n
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F80088
ï¿½vï¿½I06G4T1Explanation

S8092

I11The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas. 
I11Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows: 
Q02
I37Title 1 through Title 16 Las of January 1 

I37Title 17 through Title 27 Las of April 1 

I37Title 28 through Title 41 Las of July 1 

I37Title 42 through Title 50 Las of October 1 

I11The appropriate revision date is printed on the cover of each volume. 
Q02

I10LEGAL STATUS 
Q02

I11The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510). 

Q02

S8092


I10HOW TO USE THE CODE OF FEDERAL REGULATIONS 
Q02

I11The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to determine the latest version of any given rule. 

I11To determine whether a Code volume has been amended since its revision date (in this case, July 1, 1996), consult the ``List of CFR Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative List of Parts Affected,'' which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule. 
Q02

I10EFFECTIVE AND EXPIRATION DATES 
Q02

I11Each volume of the Code contains amendments published in the Federal Register since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut-off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text.
Q02

I10OMB CONTROL NUMBERS
Q02

I11The Paperwork Reduction Act of 1980 (Pub. L. 96ï¿½09511) requires Federal agencies to display an OMB control number with their information collection request. ï¿½viï¿½Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements. 
Q02

I10OBSOLETE PROVISIONS 
Q02

I11Provisions that become obsolete before the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on a given date in the past by using the appropriate numerical list of sections affected. For the period before January 1, 1986, consult either the List of CFR Sections Affected, 1949ï¿½091963, 1964ï¿½091972, or 1973ï¿½091985, published in seven separate volumes. For the period beginning January 1, 1986, a ``List of CFR Sections Affected'' is published at the end of each CFR volume. 
Q02

I10INCORPORATION BY REFERENCE 
Q02

I11T3What is incorporation by reference? T1Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published elsewhere. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law. 

I11T3What is a proper incorporation by reference? T1The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on which approval is based are: 

I11(a) The incorporation will substantially reduce the volume of material published in the Federal Register. 

I11(b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process. 

I11(c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51. 

I11Properly approved incorporations by reference in this volume are listed in the Finding Aids at the end of this volume. 

I11T3What if the material incorporated by reference cannot be found? T1If you have any problem locating or obtaining a copy of material listed in the Finding Aids of this volume as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, Washington DC 20408, or call (202) 523ï¿½094534. 
Q02

I10CFR INDEXES AND TABULAR GUIDES 
Q02

I11A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR T4Index and Finding Aids. T1This volume contains the Parallel Table of Statutory Authorities and Agency Rules (Table I), and Acts Requiring Publication in the Federal Register (Table II). A list of CFR titles, chapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume. 

I11An index to the text of ``Title 3_The President'' is carried within that volume.

I11The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the ``Contents'' entries in the daily Federal Register. 

ï¿½viiï¿½I11A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles. 
Q02

I10REPUBLICATION OF MATERIAL
Q02

I11There are no restrictions on the republication of material appearing in the Code of Federal Regulations.
Q02

I10INQUIRIES  
Q02

I11For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency's name appears at the top of oddï¿½09numbered pages.

I11For inquiries concerning CFR reference assistance, call 202ï¿½09523ï¿½095227 or write to the Director, Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408.

I10SALES
Q02

I11The Government Printing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call 202ï¿½09512ï¿½091800, Mï¿½09F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202ï¿½09512ï¿½092233, 24 hours a day. For payment by check, write to the Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250ï¿½097954. For GPO Customer Service call 202ï¿½09512ï¿½091803. 


I16T4Richard L. Claypoole, 

I17T3Director, 

I18Office of the Federal Register. 

I19July 1, 1996.


F80928ï¿½ixï¿½I02THIS TITLEI11Title 40_T4Protection of EnvironmentT1 is composed of eighteen volumes. The parts in these volumes are arranged in the following order: parts 1ï¿½0951, part 52, parts 53ï¿½0959, part 60, parts 61ï¿½0971, parts 72ï¿½0980, parts 81ï¿½0985, part 86, parts 87ï¿½09135, parts 136ï¿½09149, parts 150ï¿½09189, parts 190ï¿½09259, parts 260ï¿½09299, parts 300ï¿½09399, parts 400ï¿½09424, parts 425ï¿½09699, parts 700ï¿½09789 and part 790 to end. The contents of these volumes represent all current regulations codified under this title of the CFR as of July 1, 1996.Q06I11Chapter I_Environmental Protection Agency appears in all eighteen volumes. A Pesticide Tolerance Commodity/Chemical Index appears in parts 150ï¿½09189. A Toxic Substances Chemical_CAS Number Index appears in parts 700ï¿½09789 and part 790 to end. Redesignation Tables appear in the volumes containing parts 1ï¿½0951, parts 150ï¿½09189, and parts 700ï¿½09789. Regulations issued by the Council on Environmental Quality appear in the volume containing part 790 to end. Q06I11The OMB control numbers for title 40 appear in ï¿½1A9.1 of this chapter. For the convenience of the user, ï¿½1A9.1 appears in the Finding Aids section of the volumes containing parts 52 to the end. Q06I11For this volume, Christopher R. Choate was Chief Editor. The Code of Federal Regulations publication program is under the direction of Frances D. McDonald, assisted by Alomha S. Morris. 
 

F80067
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[[Page 1]]





                   TITLE 40--PROTECTION OF ENVIRONMENT




                      (This book contains part 52)

  --------------------------------------------------------------------

                                                                    Part
chapter i--Environmental Protection Agency (Continued)......          52

[[Page 3]]





         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




  --------------------------------------------------------------------

                 SUBCHAPTER C--AIR PROGRAMS--(CONTINUED)
Part                                                                Page
52              Approval and promulgation of implementation 
                    plans...................................           5

  Editorial Note: Subchapter C--Air Programs is continued in the volumes 
containing 40 CFR parts 53-59, part 60, parts 61-71, parts 72-85, part 
86, and parts 87-149.

[[Page 5]]





                 SUBCHAPTER C--AIR PROGRAMS (CONTINUED)





PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS--Table of Contents




                      Subpart A--General Provisions

Sec.
52.01  Definitions.
52.02  Introduction.
52.04  Classification of regions.
52.05  Public availability of emission data.
52.06  Legal authority.
52.07  Control strategies.
52.08  Rules and regulations.
52.09  Compliance schedules.
52.10  Review of new sources and modifications.
52.11  Prevention of air pollution emergency episodes.
52.12  Source surveillance.
52.13  Air quality surveillance; resources; intergovernmental 
          cooperation.
52.14  State ambient air quality standards.
52.15  Public availability of plans.
52.16  Submission to Administrator.
52.17  Severability of provisions.
52.18  Abbreviations.
52.20  Attainment dates for national standards.
52.21  Prevention of significant deterioration of air quality.
52.23  Violation and enforcement.
52.24  Statutory restriction on new sources.
52.26  Visibility monitoring strategy.
52.27  Protection of visibility from sources in attainment areas.
52.28  Protection of visibility from sources in nonattainment areas.
52.29  Visibility long-term strategies.
52.30  Criteria for limiting application of sanctions under section 
          110(m) of the Clean Air Act on a statewide basis.
52.31  Selection of sequence of mandatory sanctions for findings made 
          pursuant to section 179 of the Clean Air Act.
52.32  Sanctions following findings of SIP inadequacy.

                           Subpart B--Alabama

52.50  Identification of plan.
52.51  Classification of regions.
52.53  Approval status.
52.56  Review of new sources and modifications.
52.57  Control strategy: Sulfur oxides.
52.58  Control strategy: Lead.
52.60  Significant deterioration of air quality.
52.61  Visibility protection.
52.62  Control strategy: sulfur oxides and particulate matter.
52.63  PM10 State Implementation Plan development in group II 
          areas.
52.64  [Reserved]
52.65  Control strategy: Nitrogen Oxides

                            Subpart C--Alaska

52.70  Identification of plan.
52.71  Classification of regions.
52.72  Approval status.
52.73--52.74  [Reserved]
52.75  Contents of the approved state-submitted implementation plan.
52.76--52.81  [Reserved]
52.82  Extensions.
52.83--52.95  [Reserved]
52.96  Significant deterioration of air quality.

                           Subpart D--Arizona

52.120  Identification of plan.
52.121  Classification of regions.
52.122  [Reserved]
52.123  Approval status.
52.124  Part D disapproval.
52.125  Control strategy and regulations: Sulfur oxides.
52.126  Control strategy and regulations: Particulate matter.
52.127--52.128  [Reserved]
52.129  Review of new sources and modifications.
52.130  Source surveillance.
52.131--52.132  [Reserved]
52.133  Rules and regulations.
52.134  Compliance schedules.
52.135  Resources.
52.136  Control strategy for ozone: Oxides of nitrogen.
52.137  [Reserved]
52.138  Conformity procedures.
52.139  [Reserved]
52.140  Monitoring transportation trends.
52.141--52.143  [Reserved]
52.144  Significant deterioration of air quality.
52.145  Visibility protection.
52.146  Particulate matter (PM-10) Group II SIP commitments.

                           Subpart E--Arkansas

52.170  Identification of plan.
52.171  Classification of regions.
52.172  Approval status.
52.173--52.180  [Reserved]
52.181  Significant deterioration of air quality.
52.183  Small business assistance program.

[[Page 6]]

                          Subpart F--California

52.219  Identification of plan--conditional approval.
52.220  Identification of plan.
52.221  Classifications of regions.
52.222  Negative declarations.
52.223  Approval status.
52.224  General requirements.
52.225  Legal authority.
52.226  Control strategy and regulations: Particulate matter, San 
          Joaquin Valley and Mountain Counties Intrastate Regions.
52.227  Control strategy and regulations: Particulate matter, 
          Metropolitan Los Angeles Intrastate Region.
52.228  Regulations: Particulate matter, Southeast Desert Intrastate 
          Region.
52.229  Control strategy and regulations: Photochemical oxidants 
          (hydrocarbons), Metropolitan Los Angeles Intrastate Region.
52.230  Control strategy and regulations: Nitrogen dioxide.
52.231  Regulations: Sulfur oxides.
52.232  Part D conditional approval.
52.233  Review of new sources and modifications.
52.234  Source surveillance.
52.235  Control strategy for ozone: Oxides of nitrogen.
52.236  Rules and regulations.
52.237  Part D disapproval.
52.238  [Reserved]
52.239  Alternate compliance plans.
52.240  Compliance schedules.
52.241--52.245  [Reserved]
52.246  Control of dry cleaning solvent vapor losses.
52.247--52.251  [Reserved]
52.252  Control of degreasing operations.
52.253  Metal surface coating thinner and reducer.
52.254  Organic solvent usage.
52.255  Gasoline transfer vapor control.
52.256  Control of evaporative losses from the filling of vehicular 
          tanks.
52.257--52.262  [Reserved]
52.263  Priority treatment for buses and carpools--Los Angeles Region.
52.264--52.268  [Reserved]
52.269  Control strategy and regulations: Photochemical oxidants 
          (hydrocarbons) and carbon monoxide.
52.270  Significant deterioration of air quality.
52.271  Malfunction regulations.
52.272  Research operations exemptions.
52.273  Open burning.
52.274  California air pollution emergency plan.
52.275  Particulate matter control.
52.276  Sulfur content of fuels.
52.277  Oxides of nitrogen, combustion gas concentration limitations.
52.278  Oxides of nitrogen control.
52.279  Food processing facilities.
52.280  Fuel burning equipment.
52.281  Visibility protection.

                           Subpart G--Colorado

52.320  Identification of plan.
52.321  Classification of regions.
52.322  Extensions.
52.323  Approval status.
52.324  Legal authority.
52.325  [Reserved]
52.326  Area-wide nitrogen oxides (NOX) exemptions.
52.327--52.328  [Reserved]
52.329  Rules and regulations.
52.330  Control strategy: Total suspended particulates.
52.331  Committal SIP for the Colorado Group II PM10 areas.
52.332  Moderate PM-10 nonattainment area plans.
52.333--52.342  [Reserved]
52.343  Significant deterioration of air quality.
52.344  Visibility protection.
52.345  Stack height regulations.
52.346  Air quality monitoring requirements.
52.347  Small business assistance program plan.

                         Subpart H--Connecticut

52.370  Identification of plan.
52.371  Classification of regions.
52.372  [Reserved]
52.373  Approval status.
52.374  Attainment dates for national standards.
52.375  Certification of no sources.
52.376  Control strategy: carbon monoxide.
52.377--52.379  [Reserved]
52.380  Rules and regulations.
52.381  Requirements for State implementation plan revisions relating to 
          new motor vehicles.
52.382  Significant deterioration of air quality.
52.383  Stack height review.

                           Subpart I--Delaware

52.420  Identification of plan.
52.421  Classification of regions.
52.422  Approval status.
52.423  1990 Base Year Emission Inventory.
52.424--52.429  [Reserved]
52.430  Photochemical assessment monitoring stations (PAMS) program.
52.431  [Reserved]
52.432  Significant deterioration of air quality.
52.433  Requirements for State implementation plan revisions relating to 
          new motor vehicles.
52.460  Small business stationary source technical and environmental 
          compliance assistance program.

[[Page 7]]

                     Subpart J--District of Columbia

52.470  Identification of plan.
52.471  Classification of regions.
52.472  Approval status.
52.473  [Reserved]
52.474  1990 Base Year Emission Inventory for Carbon Monoxide.
52.475--52.478  [Reserved]
52.479  Source surveillance.
52.480  Photochemical assessment monitoring stations (PAMS) program.
52.481--52.497  [Reserved]
52.498  Requirements for State implementation plan revisions relating to 
          new motor vehicles.
52.499  Significant deterioration of air quality.
52.510  Small business assistance program.

                           Subpart K--Florida

52.520  Identification of plan.
52.521  Classification of regions.
52.522  Approval status.
52.523  [Reserved]
52.524  Compliance schedules.
52.525  General requirements.
52.526  Legal authority.
52.527  Control strategy: General.
52.528  Control strategy: Sulfur oxides and particulate matter.
52.529  [Reserved]
52.530  Significant deterioration of air quality.
52.532  Extensions.
52.533  Source surveillance.
52.534  Visibility protection.
52.535  Rules and regulations.

                           Subpart L--Georgia

52.570  Identification of plan.
52.571  Classification of regions.
52.572  Approval status.
52.573  Control strategy: General.
52.574--52.575  [Reserved]
52.576  Compliance schedules.
52.577  [Reserved]
52.578  Control strategy: Sulfur oxides and particulate matter.
52.579  Economic feasibility considerations.
52.580  [Reserved]
52.581  Significant deterioration of air quality.
52.582  Control strategy: Ozone.
52.583  Additional rules and regulations.

                            Subpart M--Hawaii

52.620  Identification of plan.
52.621  Classification of regions.
52.622  [Reserved]
52.623  Approval status.
52.624  General requirements.
52.625  Legal authority.
52.626  Compliance schedules.
52.627--52.631  [Reserved]
52.632  Significant deterioration of air quality.
52.633  Visibility protection.
52.634  Particulate matter (PM-10) Group III SIP.

                            Subpart N--Idaho

52.670  Identification of plan.
52.671  Classification of regions.
52.672  [Reserved]
52.673  Approval status.
52.674  Legal authority.
52.675  Control strategy: Sulfur oxides--Eastern Idaho Intrastate Air 
          Quality Control Region.
52.676--52.678  [Reserved]
52.679  Contents of Idaho State implementation plan.
52.680  [Reserved]
52.681  Permits to construct and operating permits.
52.682  [Reserved]
52.683  Significant deterioration of air quality.
52.684--52.689  [Reserved]
52.690  Visibility protection.
52.691  Extensions.

                           Subpart O--Illinois

52.719  Identification of plan--conditional approval.
52.720  Identification of plan.
52.721  Classification of regions.
52.722  Approval status.
52.723  [Reserved]
52.724  Control strategy: Sulfur dioxide.
52.725  Control strategy: Particulates.
52.726  Control strategy: Ozone.
52.727  [Reserved]
52.728  Control strategy: Nitrogen dioxide. [Reserved]
52.729  [Reserved]
52.730  Compliance schedules.
52.731--52.735  [Reserved]
52.736  Review of new sources and modifications.
52.737  Operating permits.
52.738  Significant deterioration of air quality.
52.739  Permit fees.
52.740  Interstate pollution.
52.741  Control strategy: Ozone control measures for Cook, DuPage, Kane, 
          Lake, McHenry and Will Counties.
52.742  Incorporation by reference.
52.743  Continuous monitoring.
52.744  Small business stationary source technical and environmental 
          compliance assistance program.

                           Subpart P--Indiana

52.769  Identification of plan--conditional approval.

[[Page 8]]

52.770  Identification of plan.
52.771  Classification of regions.
52.772  [Reserved]
52.773  Approval status.
52.774  [Reserved]
52.775  Legal authority.
52.776  Control strategy: Particulate matter.
52.777  Control strategy: Photochemical oxidants (hydrocarbons).
52.778  Compliance schedules.
52.779  [Reserved]
52.780  Review of new sources and modifications.
52.781  Rules and regulations.
52.782  Request for 18-month extension.
52.783  [Reserved]
52.784  Transportation and land use controls.
52.785  Control strategy: Carbon monoxide.
52.786  Inspection and maintenance program.
52.787  Gasoline transfer vapor control.
52.788  Operating permits.
52.789--52.792  [Reserved]
52.793  Significant deterioration of air quality.
52.794  Source surveillance.
52.795  Control strategy: Sulfur dioxide.
52.796  Industrial continuous emission monitoring.
52.797  Control strategy: Lead.
52.798  Small business stationary source technical and environmental 
          compliance assistance program.

                             Subpart Q--Iowa

52.820  Identification of plan.
52.821  Classification of regions.
52.822  Approval status.
52.823  PM10 State Implementation Plan Development in Group II 
          Areas
52.824  [Reserved]
52.825  Compliance schedules.
52.826--52.827  [Reserved]
52.828  Enforcement.
52.829--52.832  [Reserved]
52.833  Significant deterioration of air quality.

                            Subpart R--Kansas

52.870  Identification of plan.
52.871  Classification of regions.
52.872  Operating permits.
52.873  Approval status.
52.874  Legal authority.
52.875  [Reserved]
52.876  Compliance schedules.
52.877--52.880  [Reserved]
52.881  PM10 State implementation plan development in group II 
          areas.
52.882--52.883  [Reserved]
52.884  Significant deterioration of air quality.

                           Subpart S--Kentucky

52.920  Identification of plan.
52.921  Classification of regions.
52.922  [Reserved]
52.923  Approval status.
52.924  Legal authority.
52.925  General requirements.
52.926  Attainment dates for national standards.
52.927  Compliance schedules.
52.928  Control strategy: Sulphur oxides.
52.929  [Reserved]
52.930  Control strategy: Ozone.
52.931  Significant deterioration of air quality.
52.932  Rules and regulations.
52.933  Control strategy: Sulfur oxides and particulate matter.
52.934  VOC rule deficiency correction.
52.935  PM10 State implementation plan development in group II 
          areas.
52.936  Visibility protection.
52.937  Review of new sources and modifications.

                          Subpart T--Louisiana

52.970  Identification of plan.
52.971  Classification of regions.
52.972--52.974  [Reserved]
52.975  Redesignations and maintenance plans; ozone.
52.976  Review of new sources and modification.
52.977--52.985  [Reserved]
52.986  Significant deterioration of air quality.
52.987  Control of hydrocarbon emissions.
52.988  [Reserved]
52.990  Stack height regulations
52.991  Small business assistance program.
52.992  Area-wide nitrogen oxides exemptions.
52.993  Emissions inventories.
52.995  Enhanced ambient air quality monitoring.

                            Subpart U--Maine

52.1019  Identification of plan--conditional approval.
52.1020  Identification of plan.
52.1021  Classification of regions.
52.1022  Approval status.
52.1023  Control strategy: Ozone.
52.1024  Attainment dates for national standards.
52.1025  Control strategy: Particulate matter.
52.1026  Review of new sources and modifications.
52.1027  Rules and regulations.
52.1028  [Reserved]
52.1029  Significant deterioration of air quality.
52.1030  Control strategy: Sulfur oxides.
52.1031  EPA-approved Maine regulations.
52.1033  Visibility protection.
52.1034  Stack height review.

[[Page 9]]

52.1035  Requirements for State implementation plan revisions relating 
          to new motor vehicles.

                           Subpart V--Maryland

52.1070  Identification of plan.
52.1071  Classification of regions.
52.1072  [Reserved]
52.1073  Approval status.
52.1074  Legal authority.
52.1075  1990 base year emission inventory for carbon monoxide.
52.1076  [Reserved]
52.1077  Source surveillance.
52.1078  [Reserved]
52.1079  Requirements for State implementation plan revisions relating 
          to new motor vehicles.
52.1080  Photochemical Assessment Monitoring Stations (PAMS) Program.
52.1081--52.1109[Reserved]
52.1110  Small business stationary source technical and environmental 
          compliance assistance program.
52.1111--52.1112  [Reserved]
52.1113  General requirements.
52.1114--52.1115  [Reserved]
52.1116  Significant deterioration of air quality.
52.1117  Control strategy: Sulfur oxides.
52.1118  Approval of bubbles in nonattainment areas lacking approved 
          demonstrations: State assurances.

                        Subpart W--Massachusetts

52.1119  Identification of plan--conditional approval.
52.1120  Identification of plan.
52.1121  Classification of regions.
52.1122  [Reserved]
52.1123  Approval status.
52.1124  Review of new sources and modifications.
52.1126  Control strategy: Sulfur oxides.
52.1127Attainment dates for national standards.
52.1128  Transportation and land use controls.
52.1129--52.1130  [Reserved]
52.1131  Control strategy: Particulate matter.
52.1132  Control strategy: Carbon Monoxide.
52.1133  [Reserved]
52.1134  Regulation limiting on-street parking by commuters.
52.1135  Regulation for parking freeze.
52.1136--52.1144  [Reserved]
52.1145  Regulation on organic solvent use.
52.1146  [Reserved]
52.1147  Federal compliance schedules.
52.1148--52.1159  [Reserved]
52.1160  Requirements for State implementation plan revisions relating 
          to new motor vehicles.
52.1161  Incentives for reduction in single-passenger commuter vehicle 
          use.
52.1162  Regulation for bicycle use.
52.1163  Additional control measures for East Boston.
52.1164  Localized high concentrations--carbon monoxide.
52.1165  Significant deterioration of air quality.
52.1166  [Reserved]
52.1167  EPA-approved Massachusetts state regulations.
52.1168  Certification of no sources.
52.1168a  Part D--Disapproval of Rules and Regulations.
52.1169  Stack height review.

                           Subpart X--Michigan

52.1170  Identification of plan.
52.1171  Classification of regions.
52.1172  Approval status.
52.1173  Control strategy: Particulates.
52.1174  Control strategy: Ozone.
52.1175  Compliance schedules.
52.1176  Review of new sources and modifications. [Reserved]
52.1177--52.1179  [Reserved]
52.1180  Significant deterioration of air quality.
52.1181  Interstate pollution.
52.1182  State boards.
52.1183  Visibility protection.
52.1184  Small business stationary source technical and environmental 
          compliance assistance program.

                          Subpart Y--Minnesota

52.1219  Identification of plan--conditional approval.
52.1220  Identification of plan.
52.1221  Classification of regions.
52.1222  EPA-approved Minnesota State regulations
52.1223  Approval status.
52.1224  General requirements.
52.1225  Review of new sources and modifications.
52.1226--52.1229  [Reserved]
52.1230  Control strategy and rules: Particulates.
52.1231--52.1232  [Reserved]
52.1233  Operating permits.
52.1234  Significant deterioration of air quality.
52.1235  [Reserved]
52.1236  Visibility protection.
52.1237  Control strategy: Carbon monoxide.

                         Subpart Z--Mississippi

52.1270  Identification of plan.
52.1271  Classification of regions.
52.1272  Approval status.
52.1273  [Reserved]
52.1275  Legal authority.
52.1276  [Reserved]

[[Page 10]]

52.1277  General requirements.
52.1278  Control strategy: Sulfur oxides and particulate matter.
52.1279  [Reserved]
52.1280  Significant deterioration of air quality.

                          Subpart AA--Missouri

52.1320  Identification of plan.
52.1321  Classification of regions.
52.1322  [Reserved]
52.1323  Approval status.
52.1324  [Reserved]
52.1325  Legal authority.
52.1326--52.1334  [Reserved]
52.1335  Compliance schedules.
52.1336--52.1338  [Reserved]
52.1339  Visibility protection.

                           Subpart BB--Montana

52.1370  Identification of plan.
52.1371  Classification of regions.
52.1372  Approval status.
52.1373  Control strategy: Sulfur oxides.
52.1374  [Reserved]
52.1375  Attainment dates for national standards.
52.1376  Extensions.
52.1377  [Reserved]
52.1378  General requirements.
52.1379  Legal authority.
52.1380--52.1381  [Reserved]
52.1382  Prevention of significant deterioration of air quality.
52.1384  Emission control regulations.
52.1385  Source surveillance.
52.1386  [Reserved]
52.1387  Visibility protection.
52.1388  Stack height regulations.
52.1389  Small business stationary source technical and environmental 
          compliance assistance program.
52.1390  Missoula variance provision.

                          Subpart CC--Nebraska

52.1420  Identification of plan.
52.1421  Classification of regions.
52.1422  Approval status.
52.1423  PM10 State implementation plan development in group II 
          areas.
52.1424  Operating permits.
52.1425  Compliance schedules.
52.1426  [Reserved]
52.1427  Operating permits.
52.1428--52.1435  [Reserved]
52.1436  Significant deterioration of air quality.

                           Subpart DD--Nevada

52.1470  Identification of plan.
52.1471  Classification of regions.
52.1472  Approval status.
52.1473  General requirements.
52.1474  Part D conditional approval.
52.1475  Control strategy and regulations: Sulfur oxides.
52.1476  Control strategy: Particulate matter.
52.1477  Nevada air pollution emergency plan.
52.1478  [Reserved]
52.1479  Source surveillance.
52.1480--52.1481  [Reserved]
52.1482  Compliance schedules.
52.1483  Malfunction regulations.
52.1484  [Reserved]
52.1485  Significant deterioration of air quality.
52.1486  Control strategy: Hydrocarbons and ozone.
52.1487  Public hearings.
52.1488  Visibility protection.
52.1489  Particulate matter (PM-10) Group II SIP commitments.

                        Subpart EE--New Hampshire

52.1519  Identification of plan--conditional approval.
52.1520  Identification of plan.
52.1521  Classification of regions.
52.1522  Approval status.
52.1523  Attainment dates for national standards.
52.1524  Compliance schedules.
52.1525  EPA-approved New Hampshire state regulations.
52.1526  [Reserved]
52.1527  Rules and regulations.
52.1528  [Reserved]
52.1529  Significant deterioration of air quality.
52.1530  Requirements for State implementation plan revisions relating 
          to new motor vehicles.
52.1531  Visibility protection.
52.1532  Stack height review.

                         Subpart FF--New Jersey

52.1570  Identification of plan.
52.1571  Classification of regions.
52.1572  [Reserved]
52.1573  Approval status.
52.1574  General requirements.
52.1575  Legal authority.
52.1576  Control strategy: Nitrogen dioxide.
52.1577  Compliance schedules.
52.1578  Review of new sources and modifications.
52.1579  Intergovernmental cooperation.
52.1580--52.1581  [Reserved]
52.1582  Control strategy and regulations: Ozone (volatile organic 
          substances) and carbon monoxide.
52.1583  Requirements for State implementation plan revisions relating 
          to new motor vehicles.
52.1584--52.1600  [Reserved]
52.1601  Control strategy and regulations: Sulfur oxides.

[[Page 11]]

52.1602  [Reserved]
52.1603  Significant deterioration of air quality.
52.1604  Control strategy and regulations: Total suspended particulates.
52.1605  EPA-approved New Jersey regulations.
52.1606  Visibility protection.
52.1607  Small business technical and environmental compliance 
          assistance program.

                         Subpart GG--New Mexico

52.1620  Identification of plan.
52.1621  Classification of regions.
52.1622  Approval status.
52.1623--52.1626  [Reserved]
52.1627  Control strategy and regulations: Carbon monoxide.
52.1628--52.1633  [Reserved]
52.1634  Significant deterioration of air quality.
52.1635  Rules and regulations.
52.1636  Visibility protection.
52.1637  Particulate Matter (PM10) Group II SIP commitments.
52.1638  Bernalillo County particulate matter (PM10) Group II SIP 
          commitments.
52.1639  Prevention of air pollution emergency episodes.

                          Subpart HH--New York

52.1670  Identification of plans.
52.1671  Classification of regions.
52.1672  [Reserved]
52.1673  Approval status.
52.1674  Requirements for State implementation plan revisions relating 
          to new motor vehicles.
52.1675  Control strategy and regulations: Sulfur oxides.
52.1676  Control strategy: Nitrogen dioxide.
52.1677  Compliance schedules.
52.1678  Control strategy and regulations: Particulate matter.
52.1679  EPA-approved New York State regulations.
52.1680  Control strategy: Monitoring and reporting.
52.1681  Control strategy: Lead.
52.1682  [Reserved]
52.1683  Control strategy: Ozone.
52.1684--52.1688  [Reserved]
52.1689  Significant deterioration of air quality.
52.1690  Small business technical and environmental compliance 
          assistance program.

                       Subpart II--North Carolina

52.1770  Identification of plan.
52.1771  Classification of regions.
52.1772  Approval status.
52.1773--52.1774  [Reserved]
52.1775  Rules and regulations.
52.1776--52.1777  [Reserved]
52.1778  Significant deterioration of air quality.
52.1779  [Reserved]
52.1780  VOC rule deficiency correction.
52.1781  Control strategy: Sulfur oxides and particulate matter.

                        Subpart JJ--North Dakota

52.1820  Identification of plan.
52.1821  Classification of regions.
52.1822  Approval status.
52.1823  [Reserved]
52.1824  Review of new sources and modifications.
52.1825--52.1828  [Reserved]
52.1829  Prevention of significant deterioration of air quality.
52.1831  Visibility protection.
52.1832  Stack height regulations.
52.1833  Small business assistance program.
52.1834  Minor source permit to operate program.

                            Subpart KK--Ohio

52.1870  Identification of plan.
52.1871  Classification of regions.
52.1872  [Reserved]
52.1873  Approval status.
52.1874  [Reserved]
52.1875  Attainment dates for achieving the sulfur dioxide secondary 
          standard.
52.1876  [Reserved]
52.1877  Control strategy: Photochemical oxidants (hydrocarbons).
52.1878  [Reserved]
52.1879  Review of new sources and modifications.
52.1880  Control strategy: Particulate matter.
52.1881  Control strategy: Sulfur oxides (sulfur dioxide).
52.1882  Compliance schedules.
52.1883  [Reserved]
52.1884  Significant deterioration of air quality.
52.1885  Control strategy: Ozone.
52.1886  [Reserved]
52.1887  Control strategy: Carbon monoxide.
52.1888  Operating permits.
52.1889  Small business stationary source technical and environmental 
          compliance assistance program.
52.1919  Identification of plan-conditional approval.

                          Subpart LL--Oklahoma

52.1920  Identification of plan.
52.1921  Classification of regions.
52.1922  Approval status.
52.1923--52.1928  [Reserved]
52.1929  Significant deterioration of air quality.
52.1930  [Reserved]

[[Page 12]]

52.1931  Petroleum storage tank controls.
52.1932  [Reserved]
52.1933  Visibility protection.
52.1934  Prevention of air pollution emergency episodes.
52.1935  Small business assistance program.

                           Subpart MM--Oregon

52.1970  Identification of plan.
52.1971  Classification of regions.
52.1972  Approval status.
52.1973--52.1976  [Reserved]
52.1977  Content of approved State submitted Implementation Plan.
52.1978--52.1981  [Reserved]
52.1982  Control strategy: Ozone.
52.1983--52.1984  [Reserved]
52.1985  Rules and regulations.
52.1986  [Reserved]
52.1987  Significant deterioration of air quality.
52.1988  Air contaminant discharge permits.

                        Subpart NN--Pennsylvania

52.2020  Identification of plan.
52.2021  Classification of regions.
52.2022  Extensions.
52.2023  Approval status.
52.2024  General requirements.
52.2025  Legal authority.
52.2026--52.2029  [Reserved]
52.2030  Source surveillance.
52.2031  [Reserved]
52.2032  Intergovernmental cooperation.
52.2033  Control strategy: Sulfur oxides.
52.2034  Attainment dates for national standards.
52.2035  Photochemical assessment monitoring stations (PAMS) program.
52.2036  1990 Baseyear Emission Inventory.
52.2037  Control strategy: Carbon monoxide and ozone (hydrocarbons).
52.2038--52.2053  [Reserved]
52.2054  Control of asphalt paving material.
52.2055  Review of new sources and modifications.
52.2056  [Reserved]
52.2057  Requirements for State implementation plan revisions relating 
          to new motor vehicles.
52.2058  Prevention of significant air quality deterioration.
52.2059  Control strategy: Particulate matter.
52.2060  Small Business Assistance Program.

                        Subpart OO--Rhode Island

52.2070  Identification of plan.
52.2071  Classification of regions.
52.2072  Approval status.
52.2073  General requirements.
52.2074  Legal authority.
52.2075  Source surveillance.
52.2076  Attainment dates for national standards.
52.2078  Enforcement.
52.2079  Requirements for State implementation plan revisions relating 
          to new motor vehicles.
52.2080  Revisions.
52.2081  EPA-approved Rhode Island state regulations.
52.2082  [Reserved]
52.2083  Significant deterioration of air quality.
52.2084  Rules and regulations.
52.2085  Stack height review.

                       Subpart PP--South Carolina

52.2120  Identification of plan.
52.2121  Classification of regions.
52.2122  Approval status.
52.2124  Legal authority.
52.2125  [Reserved]
52.2126  VOC rule deficiency correction.
52.2127--52.2129  [Reserved]
52.2130  Control strategy: Sulfur oxides and particulate matter.
52.2131  Significant deterioration of air quality.
52.2132  Visibility protection.

                        Subpart QQ--South Dakota

52.2170  Identification of plan.
52.2171  Classification of regions.
52.2172  Approval status.
52.2173  Legal authority.
52.2174--52.2177  [Reserved]
52.2178  Significant deterioration of air quality.
52.2179  Visibility protection.
52.2180  Stack height regulations.
52.2181  [Reserved]
52.2182  PM10 Committal SIP.
52.2183  Variance provision.
52.2184  Operating permits for minor sources.

                          Subpart RR--Tennessee

52.2219  Identification of plan--conditional approval.
52.2220  Identification of plan.
52.2221  Classification of regions.
52.2222  Approval status.
52.2223  Compliance schedules.
52.2224  Legal authority.
52.2225  VOC rule deficiency correction.
52.2226  Extensions.
52.2227  Prevention of air pollution emergency episodes.
52.2228  Review of new sources and modifications.
52.2229  Rules and regulations.
52.2230  Attainment dates for national standards.
52.2231  Control strategy: Sulfur oxides and particulate matter.
52.2233  Significant deterioration of air quality.
52.2234  Visibility protection.
52.2235  Control strategy: Ozone.

[[Page 13]]

52.2236  Control strategy; lead.

                            Subpart SS--Texas

52.2270  Identification of plan.
52.2271  Classification of regions.
52.2272  [Reserved]
52.2273  Approval status.
52.2274  General requirements.
52.2275  Control strategy and regulations: Ozone.
52.2276  Control strategy and regulations: Particulate matter.
52.2277--52.2281  [Reserved]
52.2282  Public hearings.
52.2283--52.2284  [Reserved]
52.2285  Control of evaporative losses from the filling of gasoline 
          storage vessels in the Houston and San Antonio areas.
52.2286  Control of evaporative losses from the filling of gasoline 
          storage vessels in the Dallas-Fort Worth area.
52.2287--52.2300  [Reserved]
52.2301  Federal compliance date for automobile and light-duty truck 
          coating. Texas Air Control Board Regulation V (31 TAC chapter 
          115), control of air pollution from volatile organic compound, 
          rule 115.191(1)(8)(A).
52.2302  [Reserved]
52.2303  Significant deterioration of air quality.
52.2304  Visibility protection.
52.2305  [Reserved]
52.2306  Particulate Matter (PM10) Group II SIP commitments.
52.2307  Small business assistance program.
52.2308  Area-wide nitrogen oxides (NOX) exemptions.
52.2309  Emissions inventories.

                            Subpart TT--Utah

52.2320  Identification of plan.
52.2321  Classification of regions.
52.2322  [Reserved]
52.2323  Approval status.
52.2324--52.2330  [Reserved]
52.2331  Attainment dates for national standards.
52.2332  Control strategy: Ozone.
52.2333  Legal authority.
52.2334--52.2345  [Reserved]
52.2346  Significant deterioration of air quality.
52.2347  Stack height regulations.
52.2348  Small business assistance program.

                           Subpart UU--Vermont

52.2370  Identification of plan.
52.2371  Classification of regions.
52.2372  Approval status.
52.2373  Legal authority.
52.2374  General requirements.
52.2375  Attainment dates for national standards.
52.2377  Review of new sources and modifications.
52.2378  Certification of no facilities.
52.2379  [Reserved]
52.2380  Significant deterioration of air quality.
52.2381  EPA-approved Vermont state regulations.
52.2382  Rules and regulations.
52.2383  Visibility protection.
52.2384  Stack height review.
52.2385  Requirements for State implementation plan revisions relating 
          to new motor vehicles.

                          Subpart VV--Virginia

52.2420  Identification of plan.
52.2421  Classification of regions.
52.2422  [Reserved]
52.2423  Approval status.
52.2424  [Reserved]
52.2425  1990 Base Year Emission Inventory for Carbon Monoxide.
52.2426  Photochemical assessment monitoring stations (PAMS) program.
52.2427  Source surveillance.
52.2428--52.2432  [Reserved]
52.2433  Intergovernmental cooperation.
52.2434--52.2435  [Reserved]
52.2436  Rules and regulations.
52.2437--52.2449  [Reserved]
52.2450  Conditional approval.
52.2451  Significant deterioration of air quality.
52.2452  Visibility protection.
52.2453  Requirements for State implementation plan revisions relating 
          to new motor vehicles.
52.2460  Small business stationary source technical and environmental 
          compliance assistance program.

                         Subpart WW--Washington

52.2470  Identification plan.
52.2471  Classification of regions.
52.2472  Extensions.
52.2473  Approval status.
52.2474  General requirements.
52.2475  [Reserved]
52.2476  Discretionary authority.
52.2477--52.2478  [Reserved]
52.2479  Contents of the federally approved, State submitted 
          implementation plan.
52.2480--52.2494  [Reserved]
52.2495  Voluntary limits on potential to emit.
52.2496  [Reserved]
52.2497  Significant deterioration of air quality.
52.2498  Visibility protection.

                        Subpart XX--West Virginia

52.2520  Identification of plan.
52.2521  Classification of regions.
52.2522  Approval status.

[[Page 14]]

52.2523  Attainment dates for national standards.
52.2524  Compliance schedules.
52.2525  Control strategy: Sulfur dioxide.
52.2526--52.2527  [Reserved]
52.2528  Significant deterioration of air quality.
52.2529--52.2530  [Reserved]
52.2531  1990 base year emission inventory.
52.2532  [Reserved]
52.2533  Visibility protection  [Reserved.
52.2534  Stack height review.
52.2560  Small business technical and environmental compliance 
          assistance program.

                          Subpart YY--Wisconsin

52.2569  Identification of plan--conditional approval.
52.2570  Identification of plan.
52.2571  Classification of regions.
52.2572  Approval status.
52.2573  General requirements.
52.2574  Legal authority.
52.2575  Control strategy: Sulfur dioxide.
52.2576  [Reserved]
52.2577  Attainment dates for national standards.
52.2578  Compliance schedules.
52.2579--52.2580  [Reserved]
52.2581  Significant deterioration of air quality.
52.2582--52.2583  [Reserved]
52.2584  Control strategy; Particulate matter.
52.2585  Control strategy: Ozone.
52.2586  Small business stationary source technical and environmental 
          compliance assistance program.

                           Subpart ZZ--Wyoming

52.2620  Identification of plan.
52.2621  Classification of regions.
52.2622  Approval status.
52.2623--52.2624  [Reserved]
52.2625  Compliance schedules.
52.2626--52.2629  [Reserved]
52.2630  Prevention of significant deterioration of air quality.
52.2631  [Reserved]
52.2632  Visibility protection. [Reserved]
52.2633  Stack height regulations.

                            Subpart AAA--Guam

52.2670  Identification of plan.
52.2671  Classification of regions.
52.2672  Approval status.
52.2673--52.2675  [Reserved]
52.2676  Significant deterioration of air quality.
52.2677  [Reserved]
52.2678  Control strategy and regulations: Particulate matter.
52.2679  Control strategy and regulations: Sulfur dioxide.
52.2680--52.2681  [Reserved]
52.2682  Air quality surveillance.
52.2683  [Reserved]
52.2684  Source surveillance.
52.2685  [Reserved]
52.2686  Upset-breakdown reporting.

                        Subpart BBB--Puerto Rico

52.2720  Identification of plan.
52.2721  Classification of regions.
52.2722  Approval status.
52.2723--52.2724  [Reserved]
52.2725  General requirements.
52.2726  Legal authority.
52.2727--52.2728  [Reserved]
52.2729  Significant deterioration of air quality.
52.2730  [Reserved]
52.2731  Control strategy and regulations: Sulfur oxides.
52.2732  Small business technical and environmental compliance 
          assistance program.

                       Subpart CCC--Virgin Islands

52.2770  Identification of plan.
52.2771  Classification of regions.
52.2772  Approval status.
52.2773  EPA-approved Virgin Islands regulations.
52.2774  [Reserved]
52.2775  Review of new sources and modifications.
52.2776--52.2778  [Reserved]
52.2779  Significant deterioration of air quality.
52.2780  Control strategy for sulfur oxides.
52.2781  Visibility protection.
52.2782  Small business technical and environmental compliance 
          assistance program.

                       Subpart DDD--American Samoa

52.2820  Identification of plan.
52.2821  Classification of regions.
52.2822  Approval status.
52.2823  [Reserved]
52.2824  Review of new sources and modifications.
52.2825--52.2826  [Reserved]
52.2827  Significant deterioration of air quality.

             Subpart EEE--Approval and Promulgation of Plans

52.2850  Approval and promulgation of implementation plans.

        Subpart FFF--Commonwealth of the Northern Mariana Islands

52.2900  Negative declaration.
52.2920  Identification of plan.


[[Page 15]]


Appendices A-C--[Reserved]
Appendix D--Determination of Sulfur Dioxide Emissions from Stationary 
          Sources by Continuous Monitors
Appendix E--Performance Specifications and Specification Test Procedures 
          for Monitoring Systems for Effluent Stream Gas Volumetric Flow 
          Rate

    Authority: 42 U.S.C. 7401-7671q.



                      Subpart A--General Provisions

    Source: 37 FR 10846, May 31, 1972, unless otherwise noted.



Sec. 52.01   Definitions.

    All terms used in this part but not defined herein shall have the 
meaning given them in the Clean Air Act and in parts 51 and 60 of this 
chapter.
    (a) The term stationary source means any building, structure, 
facility, or installation which emits or may emit an air pollutant for 
which a national standard is in effect.
    (b) The term commenced means that an owner or operator has 
undertaken a continuous program of construction or modification.
    (c) The term construction means fabrication, erection, or 
installation.
    (d) The phrases modification or modified source mean any physical 
change in, or change in the method of operation of, a stationary source 
which increases the emission rate of any pollutant for which a national 
standard has been promulgated under part 50 of this chapter or which 
results in the emission of any such pollutant not previously emitted, 
except that:
    (1) Routine maintenance, repair, and replacement shall not be 
considered a physical change, and
    (2) The following shall not be considered a change in the method of 
operation:
    (i) An increase in the production rate, if such increase does not 
exceed the operating design capacity of the source;
    (ii) An increase in the hours of operation;
    (iii) Use of an alternative fuel or raw material, if prior to the 
effective date of a paragraph in this part which imposes conditions on 
or limits modifications, the source is designed to accommodate such 
alternative use.
    (e) The term startup means the setting in operation of a source for 
any purpose.
    (f) [Reserved]
    (g) The term heat input means the total gross calorific value (where 
gross calorific value is measured by ASTM Method D2015-66, D240-64, or 
D1826-64) of all fuels burned.
    (h) The term total rated capacity means the sum of the rated 
capacities of all fuel-burning equipment connected to a common stack. 
The rated capacity shall be the maximum guaranteed by the equipment 
manufacturer or the maximum normally achieved during use, whichever is 
greater.

[37 FR 19807, Sept. 22, 1972, as amended at 38 FR 12698, May 14, 1973; 
39 FR 42514, Dec. 5, 1974; 43 FR 26410, June 19, 1978]



Sec. 52.02   Introduction.

    (a) This part sets forth the Administrator's approval and 
disapproval of State plans and the Administrator's promulgation of such 
plans or portions thereof. Approval of a plan or any portion thereof is 
based upon a determination by the Administrator that such plan or 
portion meets the requirements of section 110 of the Act and the 
provisions of part 51 of this chapter.
    (b) Any plan or portion thereof promulgated by the Administrator 
substitutes for a State plan or portion thereof disapproved by the 
Administrator or not submitted by a State, or supplements a State plan 
or portion thereof. The promulgated provisions, together with any 
portions of a State plan approved by the Administrator, constitute the 
applicable plan for purposes of the Act.
    (c) Where nonregulatory provisions of a plan are disapproved, the 
disapproval is noted in this part and a detailed evaluation is provided 
to the State, but no substitute provisions are promulgated by the 
Administrator.
    (d) All approved plans and plan revisions listed in subparts B 
through DDD of this part and on file at the Office of the Federal 
Register are 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. Notice of amendments to the plans will be published in the Federal 
Register. The plans and plan revisions

[[Page 16]]

are available for inspection at the Office of the Federal Register, 800 
North Capitol Street, N.W., suite 700, Washington, D.C. In addition the 
plans and plan revisions are available at the following locations:
    (1) Office of Air and Radiation, Docket and Information Center (Air 
Docket), EPA, 401 M Street, S.W., Room M1500, Washington, D.C. 20460.
    (2) The appropriate EPA Regional Office as listed below:
    (i) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, 
and Vermont. Environmental Protection Agency, Region 1, John F. Kennedy 
Federal Building, One Congress Street, Boston, MA 02203.
    (ii) New York, New Jersey, Puerto Rico, and Virgin Islands. 
Environmental Protection Agency, Region 2, 290 Broadway, New York, NY 
10007-1866.
    (iii) Delaware, District of Columbia, Pennsylvania, Maryland, 
Virginia, and West Virginia. Environmental Protection Agency, Region 3, 
841 Chestnut Building, Philadelphia, PA 19107.
    (iv) Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, and Tennessee Environmental Protection Agency, 
Region 4, 345 Courtland Street, N.E., Atlanta, GA 30365.
    (v) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, IL 60604-3507.
    (vi) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. 
Environmental Protection Agency, Region 6, Fountain Place, 1445 Ross 
Avenue, Suite 1200, Dallas TX 75202-2733.
    (vii) Iowa, Kansas, Missouri, and Nebraska. Environmental Protection 
Agency, Region 7, 726 Minnesota Avenue, Kansas City, KS 66101.
    (viii) Colorado, Montana, North Dakota, South Dakota, Utah, and 
Wyoming. Environmental Protection Agency, Region 8, 999 18th Street, 
Suite 500, Denver, CO 80202-2466.
    (ix) Arizona, California, Hawaii, Nevada, American Samoa, and Guam. 
Environmental Protection Agency, Region 9, 75 Hawthorne Street, San 
Francisco, CA 94105.
    (x) Alaska, Idaho, Oregon, and Washington. Environmental Protection 
Agency, Region 10, 1200 6th Avenue Seattle, WA 98101.
    (e) Each State's plan is dealt with in a separate subpart, which 
includes an introductory section identifying the plan by name and the 
date of its submittal, a section classifying regions, and a section 
setting forth dates for attainment of the national standards. Additional 
sections are included as necessary to specifically identify disapproved 
provisions, to set forth reasons for disapproval, and to set forth 
provisions of the plan promulgated by the Administrator. Except as 
otherwise specified, all supplemental information submitted to the 
Administrator with respect to any plan has been submitted by the 
Governor of the State.
    (f) Revisions to applicable plans will be included in this part when 
approved or promulgated by the Administrator.

[37 FR 10846, May 31, 1972, as amended at 37 FR 15080, July 27, 1972; 47 
FR 38886, Sept. 3, 1982; 61 FR 16060, Apr. 11, 1996]



Sec. 52.04   Classification of regions.

    Each subpart sets forth the priority classification, by pollutant, 
for each region in the State. Each plan for each region was evaluated 
according to the requirements of part 51 of this chapter applicable to 
regions of that priority.



Sec. 52.05   Public availability of emission data.

    Each subpart sets forth the Administrator's disapproval of plan 
procedures for making emission data available to the public after 
correlation with applicable emission limitations, and includes the 
promulgation of requirements that sources report emission data to the 
Administrator for correlation and public disclosure.



Sec. 52.06   Legal authority.

    (a) The Administrator's determination of the absence or inadequacy 
of legal authority required to be included in the plan is set forth in 
each subpart. This includes the legal authority of local agencies and 
State governmental agencies other than an air pollution control agency 
if such other agencies are assigned responsibility for carrying out a 
plan or portion thereof.
    (b) No legal authority as such is promulgated by the Administrator. 
Where

[[Page 17]]

required regulatory provisions are not included in the plan by the State 
because of inadequate legal authority, substitute provisions are 
promulgated by the Administrator.

[37 FR 10846, May 31, 1972, as amended at 60 FR 33922, June 29, 1995]



Sec. 52.07   Control strategies.

    (a) Each subpart specifies in what respects the control strategies 
are approved or disapproved. Where emission limitations with a future 
effective date are employed to carry out a control strategy, approval of 
the control strategy and the implementing regulations does not supersede 
the requirements of subpart N of this chapter relating to compliance 
schedules for individual sources or categories of sources. Compliance 
schedules for individual sources or categories of sources must require 
such sources to comply with applicable requirements of the plan as 
expeditiously as practicable, where the requirement is part of a control 
strategy designed to attain a primary standard, or within a reasonable 
time, where the requirement is part of a control strategy designed to 
attain a secondary standard. All sources must be required to comply with 
applicable requirements of the plan no later than the date specified in 
this part for attainment of the national standard which the requirement 
is intended to implement.
    (b) A control strategy may be disapproved as inadequate because it 
is not sufficiently comprehensive, although all regulations provided to 
carry out the strategy may themselves be approved. In this case, 
regulations for carrying out necessary additional measures are 
promulgated in the subpart.
    (c) Where a control strategy is adequate to attain and maintain a 
national standard but one or more of the regulations to carry it out is 
not adopted or not enforceable by the State, the control strategy is 
approved and the necessary regulations are promulgated by the 
Administrator.
    (d) Where a control strategy is adequate to attain and maintain air 
quality better than that provided for by a national standard but one or 
more of the regulations to carry it out is not adopted or not 
enforceable by the State, the control strategy is approved and 
substitute regulations necessary to attain and maintain the national 
standard are promulgated.

[37 FR 10846, May 31, 1972, as amended at 37 FR 19807, Sept. 22, 1972; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.08   Rules and regulations.

    Each subpart identifies the regulations, including emission 
limitations, which are disapproved by the Administrator, and includes 
the regulations which the Administrator promulgates.



Sec. 52.09   Compliance schedules.

    (a) In each subpart, compliance schedules disapproved by the 
Administrator are identified, and compliance schedules promulgated by 
the Administrator are set forth.
    (b) Individual source compliance schedules submitted with certain 
plans have not yet been evaluated, and are not approved or disapproved.
    (c) The Administrator's approval or promulgation of any compliance 
schedule shall not affect the responsibility of the owner or operator to 
comply with any applicable emission limitation on and after the date for 
final compliance specified in the applicable schedule.

[37 FR 10846, May 31, 1972, as amended at 38 FR 30877, Nov. 8, 1973]



Sec. 52.10   Review of new sources and modifications.

    In any plan where the review procedure for new sources and source 
modifications does not meet the requirements of subpart I of this 
chapter, provisions are promulgated which enable the Administrator to 
obtain the necessary information and to prevent construction or 
modification.

[37 FR 10846, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.11   Prevention of air pollution emergency episodes.

    (a) Each subpart identifies portions of the air pollution emergency 
episode contingency plan which are disapproved, and sets forth the 
Administrator's promulgation of substitute provisions.

[[Page 18]]

    (b) No provisions are promulgated to replace any disapproved air 
quality monitoring or communications portions of a contingency plan, but 
detailed critiques of such portions are provided to the State.
    (c) Where a State plan does not provide for public announcement 
regarding air pollution emergency episodes or where the State fails to 
give any such public announcement, the Administrator will issue a public 
announcement that an episode stage has been reached. When making such an 
announcement, the Administrator will be guided by the suggested episode 
criteria and emission control actions suggested in Appendix L of part 51 
of this chapter or those in the approved plan.

[37 FR 10846, May 31, 1972, as amended at 37 FR 19807, Sept. 22, 1972]



Sec. 52.12   Source surveillance.

    (a) Each subpart identifies the plan provisions for source 
surveillance which are disapproved, and sets forth the Administrator's 
promulgation of necessary provisions for requiring sources to maintain 
records, make reports, and submit information.
    (b) No provisions are promulgated for any disapproved State or local 
agency procedures for testing, inspection, investigation, or detection, 
but detailed critiques of such portions are provided to the State.
    (c) For purpose of Federal enforcement, the following test 
procedures shall be used:
    (1) Sources subject to plan provisions which do not specify a test 
procedure and sources subject to provisions promulgated by the 
Administrator will be tested by means of the appropriate procedures and 
methods prescribed in part 60 of this chapter; unless otherwise 
specified in this part.
    (2) Sources subject to approved provisions of a plan wherein a test 
procedure is specified will be tested by the specified procedure.

[37 FR 10846, May 31, 1972, as amended at 40 FR 26032, June 20, 1975]



Sec. 52.13   Air quality surveillance; resources; intergovernmental cooperation.

    Disapproved portions of the plan related to the air quality 
surveillance system, resources, and intergovernmental cooperation are 
identified in each subpart, and detailed critiques of such portions are 
provided to the State. No provisions are promulgated by the 
Administrator.



Sec. 52.14   State ambient air quality standards.

    Any ambient air quality standard submitted with a plan which is less 
stringent than a national standard is not considered part of the plan.



Sec. 52.15   Public availability of plans.

    Each State shall make available for public inspection at least one 
copy of the plan in at least one city in each region to which such plan 
is applicable. All such copies shall be kept current.



Sec. 52.16  Submission to Administrator.

    (a) All requests, reports, applications, submittals, and other 
communications to the Administrator pursuant to this part shall be 
submitted in duplicate and addressed to the appropriate Regional Office 
of the Environmental Protection Agency.
    (b) The Regional Offices are as follows:
    (1) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, 
and Vermont. EPA Region 1, John F. Kennedy Federal Building, One 
Congress Street, Boston, MA 02203.
    (2) New York, New Jersey, Puerto Rico, and Virgin Islands. EPA 
Region 2, 290 Broadway, New York, NY 10007-1866.
    (3) Delaware, District of Columbia, Pennsylvania, Maryland, 
Virginia, and West Virginia. EPA Region 3, 841 Chestnut Building, 
Philadelphia, PA 19107.
    (4) Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, and Tennessee. EPA Region 4, 345 Courtland 
Street, N.E., Atlanta, GA 30365.
    (5) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. EPA 
Region 5, 77 West Jackson Boulevard, Chicago, IL 60604-3507.
    (6) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. EPA Region 
6, Fountain Place, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733.

[[Page 19]]

    (7) Iowa, Kansas, Missouri, and Nebraska. EPA Region 7, 726 
Minnesota Avenue, Kansas City, KS 66101.
    (8) Colorado, Montana, North Dakota, South Dakota, Utah, and 
Wyoming. EPA Region 8, 999 18th Street, Suite 500, Denver, CO 80202-
2466.
    (9) Arizona, California, Hawaii, Nevada, American Samoa, and Guam. 
EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105.
    (10) Alaska, Idaho, Oregon, and Washington. EPA, Region 10, 1200 6th 
Avenue, Seattle, WA 98101.

[61 FR 16061, Apr. 11, 1996]



Sec. 52.17   Severability of provisions.

    The provisions promulgated in this part and the various applications 
thereof are distinct and severable. If any provision of this part or the 
application thereof to any person or circumstances is held invalid, such 
invalidity shall not affect other provisions or application of such 
provision to other persons or circumstances which can be given effect 
without the invalid provision or application.

[37 FR 19808, Sept. 22, 1972]



Sec. 52.18   Abbreviations.

    Abbreviations used in this part shall be those set forth in part 60 
of this chapter.

[38 FR 12698, May 14, 1973]



Sec. 52.20   Attainment dates for national standards.

    Each subpart contains a section which specifies the latest dates by 
which national standards are to be attained in each region in the State. 
An attainment date which only refers to a month and a year (such as July 
1975) shall be construed to mean the last day of the month in question. 
However, the specification of attainment dates for national standards 
does not relieve any State from the provisions of subpart N of this 
chapter which require all sources and categories of sources to comply 
with applicable requirements of the plan--
    (a) As expeditiously as practicable where the requirement is part of 
a control strategy designed to attain a primary standard, and
    (b) Within a reasonable time where the requirement is part of a 
control strategy designed to attain a secondary standard.

[37 FR 19808, Sept. 22, 1972, as amended at 39 FR 34535, Sept. 26, 1974; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.21  Prevention of significant deterioration of air quality.

    (a) Plan disapproval. The provisions of this section are applicable 
to any State implementation plan which has been disapproved with respect 
to prevention of significant deterioration of air quality in any portion 
of any State where the existing air quality is better than the national 
ambient air quality standards. Specific disapprovals are listed where 
applicable, in subparts B through DDD of this part. The provisions of 
this section have been incorporated by reference into the applicable 
implementation plans for various States, as provided in subparts B 
through DDD of this part. Where this section is so incorporated, the 
provisions shall also be applicable to all lands owned by the Federal 
Goverment and Indian Reservations located in such State. No disapproval 
with respect to a State's failure to prevent significant deterioration 
of air quality shall invalidate or otherwise affect the obligations of 
States, emission sources, or other persons with respect to all portions 
of plans approved or promulgated under this part.
    (b) Definitions. For the purposes of this section:
    (1)(i) Major stationary source means:
    (a) Any of the following stationary sources of air pollutants which 
emits, or has the potential to emit, 100 tons per year or more of any 
pollutant subject to regulation under the Act: Fossil fuel-fired steam 
electric plants of more than 250 million British thermal units per hour 
heat input, coal cleaning plants (with thermal dryers), kraft pulp 
mills, portland cement plants, primary zinc smelters, iron and steel 
mill plants, primary aluminum ore reduction plants, primary copper 
smelters, municipal incinerators capable of charging more than 250 tons 
of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, 
petroleum refineries, lime plants, phosphate rock processing

[[Page 20]]

plants, coke oven batteries, sulfur recovery plants, carbon black plants 
(furnace process), primary lead smelters, fuel conversion plants, 
sintering plants, secondary metal production plants, chemical process 
plants, fossil fuel boilers (or combinations thereof) totaling more than 
250 million British thermal units per hour heat input, petroleum storage 
and transfer units with a total storage capacity exceeding 300,000 
barrels, taconite ore processing plants, glass fiber processing plants, 
and charcoal production plants;
    (b) Notwithstanding the stationary source size specified in 
paragraph (b)(1)(i) of this section, any stationary source which emits, 
or has the potential to emit, 250 tons per year or more of any air 
pollutant subject to regulation under the Act; or
    (c) Any physical change that would occur at a stationary source not 
otherwise qualifying under paragraph (b)(1) of this section, as a major 
stationary source, if the changes would constitute a major stationary 
source by itself.
    (ii) A major stationary source that is major for volatile organic 
compounds shall be considered major for ozone.
    (iii) The fugitive emissions of a stationary source shall not be 
included in determining for any of the purposes of this section whether 
it is a major stationary source, unless the source belongs to one of the 
following categories of stationary sources:
    (a) Coal cleaning plants (with thermal dryers);
    (b) Kraft pulp mills;
    (c) Portland cement plants;
    (d) Primary zinc smelters;
    (e) Iron and steel mills;
    (f) Primary aluminum ore reduction plants;
    (g) Primary copper smelters;
    (h) Municipal incinerators capable of charging more than 250 tons of 
refuse per day;
    (i) Hydrofluoric, sulfuric, or nitric acid plants;
    (j) Petroleum refineries;
    (k) Lime plants;
    (l) Phosphate rock processing plants;
    (m) Coke oven batteries;
    (n) Sulfur recovery plants;
    (o) Carbon black plants (furnace process);
    (p) Primary lead smelters;
    (q) Fuel conversion plants;
    (r) Sintering plants;
    (s) Secondary metal production plants;
    (t) Chemical process plants;
    (u) Fossil-fuel boilers (or combination thereof) totaling more than 
250 million British thermal units per hour heat input;
    (v) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (w) Taconite ore processing plants;
    (x) Glass fiber processing plants;
    (y) Charcoal production plants;
    (z) Fossil fuel-fired steam electric plants of more that 250 million 
British thermal units per hour heat input, and
    (aa) Any other stationary source category which, as of August 7, 
1980, is being regulated under section 111 or 112 of the Act.
    (2)(i) Major modification means any physical change in or change in 
the method of operation of a major stationary source that would result 
in a significant net emissions increase of any pollutant subject to 
regulation under the Act.
    (ii) Any net emissions increase that is significant for volatile 
organic compounds shall be considered significant for ozone.
    (iii) A physical change or change in the method of operation shall 
not include:
    (a) Routine maintenance, repair and replacement;
    (b) Use of an alternative fuel or raw material by reason of an order 
under sections 2 (a) and (b) of the Energy Supply and Environmental 
Coordination Act of 1974 (or any superseding legislation) or by reason 
of a natural gas curtailment plant pursuant to the Federal Power Act;
    (c) Use of an alternative fuel by reason of an order or rule under 
section 125 of the Act;
    (d) Use of an alternative fuel at a steam generating unit to the 
extent that the fuel is generated from municipal solid waste;
    (e) Use of an alternative fuel or raw material by a stationary 
source which:
    (1) The source was capable of accommodating before January 6, 1975, 
unless such change would be prohibited under

[[Page 21]]

any federally enforceable permit condition which was established after 
January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved 
pursuant to 40 CFR subpart I or 40 CFR 51.166; or
    (2) The source is approved to use under any permit issued under 40 
CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166;
    (f) An increase in the hours of operation or in the production rate, 
unless such change would be prohibited under any federally enforceable 
permit condition which was established after January 6, 1975, pursuant 
to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart 
I or 40 CFR 51.166.
    (g) Any change in ownership at a stationary source.
    (h) The addition, replacement or use of a pollution control project 
at an existing electric utility steam generating unit, unless the 
Administrator determines that such addition, replacement, or use renders 
the unit less environmentally beneficial, or except:
    (1) When the Administrator has reason to believe that the pollution 
control project would result in a significant net increase in 
representative actual annual emissions of any criteria pollutant over 
levels used for that source in the most recent air quality impact 
analysis in the area conducted for the purpose of title I, if any, and
    (2) The Administrator determines that the increase will cause or 
contribute to a violation of any national ambient air quality standard 
or PSD increment, or visibility limitation.
    (i) The installation, operation, cessation, or removal of a 
temporary clean coal technology demonstration project, provided that the 
project complies with:
    (1) The State implementation plan for the State in which the project 
is located, and
    (2) Other requirements necessary to attain and maintain the national 
ambient air quality standards during the project and after it is 
terminated.
    (j) The installation or operation of a permanent clean coal 
technology demonstration project that constitutes repowering, provided 
that the project does not result in an increase in the potential to emit 
of any regulated pollutant emitted by the unit. This exemption shall 
apply on a pollutant-by-pollutant basis.
    (k) The reactivation of a very clean coal-fired electric utility 
steam generating unit.
    (3)(i) Net emissions increase means the amount by which the sum of 
the following exceeds zero:
    (a) Any increase in actual emissions from a particular physical 
change or change in method of operation at a stationary source; and
    (b) Any other increases and decreases in actual emissions at the 
source that are contemporaneous with the particular change and are 
otherwise creditable.
    (ii) An increase or decrease in actual emissions is contemporaneous 
with the increase from the particular change only if it occurs between:
    (a) The date five years before construction on the particular change 
commences; and
    (b) The date that the increase from the particular change occurs.
    (iii) An increase or decrease in actual emissions is creditable only 
if the Administrator has not relied on it in issuing a permit for the 
source under this section, which permit is in effect when the increase 
in actual emissions from the particular change occurs.
    (iv) An increase or decrease in actual emissions of sulfur dioxide, 
particulate matter, or nitrogen oxide, which occurs before the 
applicable minor source baseline date is creditable only if it is 
required to be considered in calculating the amount of maximum allowable 
increases remaining available. With respect to particulate matter, only 
PM-10 emissions can be used to evaluate the net emissions increase for 
PM-10.
    (v) An increase in actual emissions is creditable only to the extent 
that the new level of actual emissions exceeds the old level.
    (vi) A decrease in actual emissions is creditable only to the extent 
that:
    (a) The old level of actual emissions or the old level of allowable 
emissions, whichever is lower, exceeds the new level of actual 
emissions;
    (b) It is federally enforceable at and after the time that actual 
construction on the particular change begins; and
    (c) It has approximately the same qualitative significance for 
public

[[Page 22]]

health and welfare as that attributed to the increase from the 
particular change.
    (vii) [Reserved]
    (viii) An increase that results from a physical change at a source 
occurs when the emissions unit on which construction occurred becomes 
operational and begins to emit a particular pollutant. Any replacement 
unit that requires shakedown becomes operational only after a reasonable 
shakedown period, not to exceed 180 days.
    (4) Potential to emit means the maximum capacity of a stationary 
source to emit a pollutant under its physical and operational design. 
Any physical or operational limitation on the capacity of the source to 
emit a pollutant, including air pollution control equipment and 
restrictions on hours of operation or on the type or amount of material 
combusted, stored, or processed, shall be treated as part of its design 
if the limitation or the effect it would have on emissions is federally 
enforceable. Secondary emissions do not count in determining the 
potential to emit of a stationary source.
    (5) Stationary source means any building, structure, facility, or 
installation which emits or may emit any air pollutant subject to 
regulation under the Act.
    (6) Building, structure, facility, or installation means all of the 
pollutant-emitting activities which belong to the same industrial 
grouping, are located on one or more contiguous or adjacent properties, 
and are under the control of the same person (or persons under common 
control) except the activities of any vessel. Pollutant-emitting 
activities shall be considered as part of the same industrial grouping 
if they belong to the same ``Major Group'' (i.e., which have the same 
first two digit code) as described in the Standard Industrial 
Classification Manual, 1972, as amended by the 1977 Supplement (U. S. 
Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, 
respectively).
    (7) Emissions unit means any part of a stationary source which emits 
or would have the potential to emit any pollutant subject to regulation 
under the Act.
    (8) Construction means any physical change or change in the method 
of operation (including fabrication, erection, installation, demolition, 
or modification of an emissions unit) which would result in a change in 
actual emissions.
    (9) Commence as applied to construction of a major stationary source 
or major modification means that the owner or operator has all necessary 
preconstruction approvals or permits and either has:
    (i) Begun, or caused to begin, a continuous program of actual on-
site construction of the source, to be completed within a reasonable 
time; or
    (ii) Entered into binding agreements or contractual obligations, 
which cannot be cancelled or modified without substantial loss to the 
owner or operator, to undertake a program of actual construction of the 
source to be completed within a reasonable time.
    (10) Necessary preconstruction approvals or permits means those 
permits or approvals required under Federal air quality control laws and 
regulations and those air quality control laws and regulations which are 
part of the applicable State Implementation Plan.
    (11) Begin actual construction means, in general, initiation of 
physical on-site construction activities on an emissions unit which are 
of a permanent nature. Such activities include, but are not limited to, 
installation of building supports and foundations, laying underground 
pipework and construction of permanent storage structures. With respect 
to a change in method of operations, this term refers to those on-site 
activites other than preparatory activities which mark the initiation of 
the change.
    (12) Best available control technology means an emissions limitation 
(including a visible emission standard) based on the maximum degree of 
reduction for each pollutant subject to regulation under Act which would 
be emitted from any proposed major stationary source or major 
modification which the Administrator, on a case-by-case basis, taking 
into account energy, environmental, and economic impacts and other 
costs, determines is achievable for such source or modification

[[Page 23]]

through application of production processes or available methods, 
systems, and techniques, including fuel cleaning or treatment or 
innovative fuel combustion techniques for control of such pollutant. In 
no event shall application of best available control technology result 
in emissions of any pollutant which would exceed the emissions allowed 
by any applicable standard under 40 CFR parts 60 and 61. If the 
Administrator determines that technological or economic limitations on 
the application of measurement methodology to a particular emissions 
unit would make the imposition of an emissions standard infeasible, a 
design, equipment, work practice, operational standard, or combination 
thereof, may be prescribed instead to satisfy the requirement for the 
application of best available control technology. Such standard shall, 
to the degree possible, set forth the emissions reduction achievable by 
implementation of such design, equipment, work practice or operation, 
and shall provide for compliance by means which achieve equivalent 
results.
    (13)(i) ``Baseline concentration'' means that ambient concentration 
level which exists in the baseline area at the time of the applicable 
minor source baseline date. A baseline concentration is determined for 
each pollutant for which a baseline date is established and shall 
include:
    (a) The actual emissions representative of sources in existence on 
the applicable minor source baseline date, except as provided in 
paragraph (b)(13)(ii) of this section;
    (b) The allowable emissions of major stationary sources which 
commenced construction before the major source baseline date but were 
not in operation by the applicable minor source baseline date.
    (ii) The following will not be included in the baseline 
concentration and will affect the applicable maximum allowable 
increase(s):
    (a) Actual emissions from any major stationary source on which 
construction commenced after the major source baseline date; and
    (b) Actual emissions increases and decreases at any stationary 
source occurring after the minor source baseline date.
    (14)(i) Major source baseline date means:
    (a) In the case of particulate matter and sulfur dioxide, January 6, 
1975, and
    (b) In the case of nitrogen dioxide, February 8, 1988.
    (ii) ``Minor source baseline date'' means the earliest date after 
the trigger date on which a major stationary source or a major 
modification subject to 40 CFR 52.21 or to regulations approved pursuant 
to 40 CFR 51.166 submits a complete application under the relevant 
regulations. The trigger date is:
    (a) In the case of particulate matter and sulfur dioxide, August 7, 
1977, and
    (b) In the case of nitrogen dioxide, February 8, 1988.
    (iii) The baseline date is established for each pollutant for which 
increments or other equivalent measures have been established if:
    (a) The area in which the proposed source or modification would 
construct is designated as attainment or unclassifiable under section 
107(d)(i) (D) or (E) of the Act for the pollutant on the date of its 
complete application under 40 CFR 52.21; and
    (b) In the case of a major stationary source, the pollutant would be 
emitted in significant amounts, or, in the case of a major modification, 
there would be a significant net emissions increase of the pollutant.
    (iv) Any minor source baseline date established originally for the 
TSP increments shall remain in effect and shall apply for purposes of 
determining the amount of available PM-10 increments, except that the 
Administrator shall rescind a minor source baseline date where it can be 
shown, to the satisfaction of the Administrator, that the emissions 
increase from the major stationary source, or net emissions increase 
from the major modification, responsible for triggering that date did 
not result in a significant amount of PM-10 emissions.
    (15)(i) Baseline area means any intrastate area (and every part 
thereof) designated as attainment or unclassifiable under section 
107(d)(1) (D) or (E) of the Act in which the major source or major 
modification establishing the minor source baseline date would construct 
or would have an air quality impact equal

[[Page 24]]

to or greater than 1 g/m\3\ (annual average) of the pollutant 
for which the minor source baseline date is established.
    (ii) Area redesignations under section 107(d)(1) (D) or (E) of the 
Act cannot intersect or be smaller than the area of impact of any major 
stationary source or major modification which:
    (a) Establishes a minor source baseline date; or
    (b) Is subject to 40 CFR 52.21 and would be constructed in the same 
state as the state proposing the redesignation.
    (iii) Any baseline area established originally for the TSP 
increments shall remain in effect and shall apply for purposes of 
determining the amount of available PM-10 increments, except that such 
baseline area shall not remain in effect if the Administrator rescinds 
the corresponding minor source baseline date in accordance with 
paragraph (b)(14)(iv) of this section.
    (16) Allowable emissions means the emissions rate of a stationary 
source calculated using the maximum rated capacity of the source (unless 
the source is subject to federally enforceable limits which restrict the 
operating rate, or hours of operation, or both) and the most stringent 
of the following:
    (i) The applicable standards as set forth in 40 CFR parts 60 and 61;
    (ii) The applicable State Implementation Plan emissions limitation, 
including those with a future compliance date; or
    (iii) The emissions rate specified as a federally enforceable permit 
condition, including those with a future compliance date.
    (17) Federally enforceable means all limitations and conditions 
which are enforceable by the Administrator, including those requirements 
developed pursuant to 40 CFR parts 60 and 61, requirements within any 
applicable State implementation plan, any permit requirements 
established pursuant to 40 CFR 52.21 or under regulations approved 
pursuant to 40 CFR part 51, subpart I, including operating permits 
issued under an EPA-approved program that is incorporated into the State 
implementation plan and expressly requires adherence to any permit 
issued under such program.
    (18) Secondary emissions means emissions which would occur as a 
result of the construction or operation of a major stationary source or 
major modification, but do not come from the major stationary source or 
major modification itself. Secondary emissions include emissions from 
any offsite support facility which would not be constructed or increase 
its emissions except as a result of the construction or operation of the 
major stationary source or major modification. Secondary emissions do 
not include any emissions which come directly from a mobile source, such 
as emissions from the tailpipe of a motor vehicle, from a train, or from 
a vessel.
    (i) Emissions from ships or trains coming to or from the new or 
modified stationary source; and
    (ii) Emissions from any offsite support facility which would not 
otherwise be constructed or increase its emissions as a result of the 
construction or operation of the major stationary source or major 
modification.
    (19) Innovative control technology means any system of air pollution 
control that has not been adequately demonstrated in practice, but would 
have a substantial likelihood of achieving greater continuous emissions 
reduction than any control system in current practice or of achieving at 
least comparable reductions at lower cost in terms of energy, economics, 
or nonair quality environmental impacts.
    (20) Fugitive emissions means those emissions which could not 
reasonably pass through a stack, chimney, vent, or other functionally 
equivalent opening.
    (21)(i) Actual emissions means the actual rate of emissions of a 
pollutant from an emissions unit, as determined in accordance with 
paragraphs (b)(21) (ii) through (iv) of this section.
    (ii) In general, actual emissions as of a particular date shall 
equal the average rate, in tons per year, at which the unit actually 
emitted the pollutant during a two-year period which precedes the 
particular date and which is representative of normal source operation. 
The Administrator shall allow the use of a different time period upon

[[Page 25]]

a determination that it is more representative of normal source 
operation. Actual emissions shall be calculated using the unit's actual 
operating hours, production rates, and types of materials processed, 
stored, or combusted during the selected time period.
    (iii) The Administrator may presume that source-specific allowable 
emissions for the unit are equivalent to the actual emissions of the 
unit.
    (iv) For any emissions unit (other than an electric utility steam 
generating unit specified in paragraph (b)(21)(v) of this section) which 
has not begun normal operations on the particular date, actual emissions 
shall equal the potential to emit of the unit on that date.
    (v) For an electric utility steam generating unit (other than a new 
unit or the replacement of an existing unit) actual emissions of the 
unit following the physical or operational change shall equal the 
representative actual annual emissions of the unit, provided the source 
owner or operator maintains and submits to the Administrator on an 
annual basis for a period of 5 years from the date the unit resumes 
regular operation, information demonstrating that the physical or 
operational change did not result in an emissions increase. A longer 
period, not to exceed 10 years, may be required by the Administrator if 
he determines such a period to be more representative of normal source 
post-change operations.
    (22) Complete means, in reference to an application for a permit, 
that the application contains all of the information necessary for 
processing the application.
    (23) (i) Significant means, in reference to a net emissions increase 
or the potential of a source to emit any of the following pollutants, a 
rate of emissions that would equal or exceed any of the following rates:

                      Pollutant and Emissions Rate

Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Particulate matter:
    25 tpy of particulate matter emissions;
    15 tpy of PM10 emissions
Ozone: 40 tpy of volatile organic compounds
Lead: 0.6 tpy
Asbestos: 0.007 tpy
Beryllium: 0.0004 tpy
Mercury: 0.1 tpy
Vinyl chloride: 1 tpy
Fluorides: 3 tpy
Sulfuric acid mist: 7 tpy
Hydrogen sulfide (H2S): 10 tpy
Total reduced sulfur (including H2S): 10 tpy
Reduced sulfur compounds (including H2S): 10 tpy
Municipal waste combustor organics (measured as total tetra- through 
octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2  x  10-6 
megagrams per year (3.5  x  10-6 tons per year). Municipal waste 
combustor metals (measured as particulate matter): 14 megagrams per year 
(15 tons per year)
Municipal waste combustor acid gases (measured as sulfur dioxide and 
hydrogen chloride): 36 megagrams per year (40 tons per year)
Municipal solid waste landfills emissions (measured as nonmethane 
organic compounds): 45 megagrams per year (50 tons per year)

    (ii) Significant means, in reference to a net emissions increase or 
the potential of a source to emit a pollutant subject to regulation 
under the Act that paragraph (b)(23)(i) of this section, does not list, 
any emissions rate.
    (iii) Notwithstanding paragraph (b)(23)(i) of this section, 
significant means any emissions rate or any net emissions increase 
associated with a major stationary source or major modification, which 
would construct within 10 kilometers of a Class I area, and have an 
impact on such area equal to or greater than 1 g/m3, (24-
hour average).
    (24) Federal Land Manager means, with respect to any lands in the 
United States, the Secretary of the department with authority over such 
lands.
    (25) High terrain means any area having an elevation 900 feet or 
more above the base of the stack of a source.
    (26) Low terrain means any area other than high terrain.
    (27) Indian Reservation means any federally recognized reservation 
established by Treaty, Agreement, executive order, or act of Congress.
    (28) Indian Governing Body means the governing body of any tribe, 
band, or group of Indians subject to the jurisdiction of the United 
States and recognized by the United States as possessing power of self 
government.
    (29) Adverse impact on visibility means visibility impairment which 
interferes

[[Page 26]]

with the management, protection, preservation or enjoyment of the 
visitor's visual experience of the Federal Class I area. This 
determination must be made on a case-by-case basis taking into account 
the geographic extent, intensity, duration, frequency and time of 
visibility impairment, and how these factors correlate with (1) times of 
visitor use of the Federal Class I area, and (2) the frequency and 
timing of natural conditions that reduce visibility.
    (30) Volatile organic compounds (VOC) is as defined in 
Sec. 51.100(s) of this chapter.
    (31) Electric utility steam generating unit means any steam electric 
generating unit that is constructed for the purpose of supplying more 
than one-third of its potential electric output capacity and more than 
25 MW electrical output to any utility power distribution system for 
sale. Any steam supplied to a steam distribution system for the purpose 
of providing steam to a steam-electric generator that would produce 
electrical energy for sale is also considered in determining the 
electrical energy output capacity of the affected facility.
    (32) Pollution control project means any activity or project 
undertaken at an existing electric utility steam generating unit for 
purposes of reducing emissions from such unit. Such activities or 
projects are limited to:
    (i) The installation of conventional or innovative pollution control 
technology, including but not limited to advanced flue gas 
desulfurization, sorbent injection for sulfur dioxide and nitrogen 
oxides controls and electrostatic precipitators;
    (ii) An activity or project to accommodate switching to a fuel which 
is less polluting than the fuel in use prior to the activity or project, 
including, but not limited to natural gas or coal re-burning, or the co-
firing of natural gas and other fuels for the purpose of controlling 
emissions;
    (iii) A permanent clean coal technology demonstration project 
conducted under title II, section 101(d) of the Further Continuing 
Appropriations Act of 1985 (sec. 5903(d) of title 42 of the United 
States Code), or subsequent appropriations, up to a total amount of 
$2,500,000,000 for commercial demonstration of clean coal technology, or 
similar projects funded through appropriations for the Environmental 
Protection Agency; or
    (iv) A permanent clean coal technology demonstration project that 
constitutes a repowering project.
    (33) Representative actual annual emissions means the average rate, 
in tons per year, at which the source is projected to emit a pollutant 
for the two-year period after a physical change or change in the method 
of operation of a unit, (or a different consecutive two-year period 
within 10 years after that change, where the Administrator determines 
that such period is more representative of normal source operations), 
considering the effect any such change will have on increasing or 
decreasing the hourly emissions rate and on projected capacity 
utilization. In projecting future emissions the Administrator shall:
    (i) Consider all relevant information, including but not limited to, 
historical operational data, the company's own representations, filings 
with the State or Federal regulatory authorities, and compliance plans 
under title IV of the Clean Air Act; and
    (ii) Exclude, in calculating any increase in emissions that results 
from the particular physical change or change in the method of operation 
at an electric utility steam generating unit, that portion of the unit's 
emissions following the change that could have been accommodated during 
the representative baseline period and is attributable to an increase in 
projected capacity utilization at the unit that is unrelated to the 
particular change, including any increased utilization due to the rate 
of electricity demand growth for the utility system as a whole.
    (34) Clean coal technology means any technology, including 
technologies applied at the precombustion, combustion, or post 
combustion stage, at a new or existing facility which will achieve 
significant reductions in air emissions of sulfur dioxide or oxides of 
nitrogen associated with the utilization of coal in the generation of 
electricity, or process steam which was not in widespread use as of 
November 15, 1990.

[[Page 27]]

    (35) Clean coal technology demonstration project means a project 
using funds appropriated under the heading ``Department of Energy-Clean 
Coal Technology'', up to a total amount of $2,500,000,000 for commercial 
demonstration of clean coal technology, or similar projects funded 
through appropriations for the Environmental Protection Agency. The 
Federal contribution for a qualifying project shall be at least 20 
percent of the total cost of the demonstration project.
    (36) Temporary clean coal technology demonstration project means a 
clean coal technology demonstration project that is operated for a 
period of 5 years or less, and which complies with the State 
implementation plans for the State in which the project is located and 
other requirements necessary to attain and maintain the national ambient 
air quality standards during the project and after it is terminated.
    (37) (i) Repowering means replacement of an existing coal-fired 
boiler with one of the following clean coal technologies: atmospheric or 
pressurized fluidized bed combustion, integrated gasification combined 
cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, 
integrated gasification fuel cells, or as determined by the 
Administrator, in consultation with the Secretary of Energy, a 
derivative of one or more of these technologies, and any other 
technology capable of controlling multiple combustion emissions 
simultaneously with improved boiler or generation efficiency and with 
significantly greater waste reduction relative to the performance of 
technology in widespread commercial use as of November 15, 1990.
    (ii) Repowering shall also include any oil and/or gas-fired unit 
which has been awarded clean coal technology demonstration funding as of 
January 1, 1991, by the Department of Energy.
    (iii) The Administrator shall give expedited consideration to permit 
applications for any source that satisfies the requirements of this 
subsection and is granted an extension under section 409 of the Clean 
Air Act.
    (38) Reactivation of a very clean coal-fired electric utility steam 
generating unit means any physical change or change in the method of 
operation associated with the commencement of commercial operations by a 
coal-fired utility unit after a period of discontinued operation where 
the unit:
    (i) Has not been in operation for the two-year period prior to the 
enactment of the Clean Air Act Amendments of 1990, and the emissions 
from such unit continue to be carried in the permitting authority's 
emissions inventory at the time of enactment;
    (ii) Was equipped prior to shut-down with a continuous system of 
emissions control that achieves a removal efficiency for sulfur dioxide 
of no less than 85 percent and a removal efficiency for particulates of 
no less than 98 percent;
    (iii) Is equipped with low-NOx burners prior to the time of 
commencement of operations following reactivation; and
    (iv) Is otherwise in compliance with the requirements of the Clean 
Air Act.
    (c) Ambient air increments. In areas designated as Class I, II or 
III, increases in pollutant concentration over the baseline 
concentration shall be limited to the following:

------------------------------------------------------------------------
                                                               Maximum  
                                                              allowable 
                                                               increase 
                         Pollutant                           (micrograms
                                                              per cubic 
                                                                meter)  
------------------------------------------------------------------------
                                 Class I                                
                                                                        
------------------------------------------------------------------------
Particulate matter:                                                     
    PM-10, annual arithmetic mean..........................            4
    PM-10, 24-hr maximum...................................            8
Sulfur dioxide:                                                         
    Annual arithmetic mean.................................            2
    24-hr maximum..........................................            5
    3-hr maximum...........................................           25
Nitrogen dioxide:                                                       
    Annual arithmetic mean.................................          2.5
                                                                        
------------------------------------------------------------------------
                                Class II                                
                                                                        
------------------------------------------------------------------------
Particulate matter:                                                     
    PM-10, annual arithmetic mean..........................           17
    PM-10, 24-hr maximum...................................           30
Sulfur dioxide:                                                         
    Annual arithmetic mean.................................           20
    24-hr maximum..........................................           91
    3-hr maximum...........................................          512
Nitrogen dioxide:                                                       
    Annual arithmetic mean.................................           25
                                                                        
------------------------------------------------------------------------
                                Class III                               
                                                                        
------------------------------------------------------------------------
Particulate matter                                                      
    PM-10, annual arithmetic mean..........................           34
    PM-10, 24-hr maximum...................................           60
Sulfur dioxide:                                                         
    Annual arithmetic mean.................................           40
    24-hr maximum..........................................          182

[[Page 28]]

                                                                        
    3-hr maximum...........................................          700
Nitrogen dioxide:                                                       
    Annual arithmetic mean.................................           50
------------------------------------------------------------------------

For any period other than an annual period, the applicable maximum 
allowable increase may be exceeded during one such period per year at 
any one location.
    (d) Ambient air ceilings. No concentration of a pollutant shall 
exceed:
    (1) The concentration permitted under the national secondary ambient 
air quality standard, or
    (2) The concentration permitted under the national primary ambient 
air quality standard, whichever concentration is lowest for the 
pollutant for a period of exposure.
    (e) Restrictions on area classifications. (1) All of the following 
areas which were in existence on August 7, 1977, shall be Class I areas 
and may not be redesignated:
    (i) International parks,
    (ii) National wilderness areas which exceed 5,000 acres in size,
    (iii) National memorial parks which exceed 5,000 acres in size, and
    (iv) National parks which exceed 6,000 acres in size.
    (2) Areas which were redesignated as Class I under regulations 
promulgated before August 7, 1977, shall remain Class I, but may be 
redesignated as provided in this section.
    (3) Any other area, unless otherwise specified in the legislation 
creating such an area, is initially designated Class II, but may be 
redesignated as provided in this section.
    (4) The following areas may be redesignated only as Class I or II:
    (i) An area which as of August 7, 1977, exceeded 10,000 acres in 
size and was a national monument, a national primitive area, a national 
preserve, a national recreational area, a national wild and scenic 
river, a national wildlife refuge, a national lakeshore or seashore; and
    (ii) A national park or national wilderness area established after 
August 7, 1977, which exceeds 10,000 acres in size.
    (f) [Reserved]
    (g) Redesignation. (1) All areas (except as otherwise provided under 
paragraph (e) of this section) are designated Class II as of December 5, 
1974. Redesignation (except as otherwise precluded by paragraph (e) of 
this section) may be proposed by the respective States or Indian 
Governing Bodies, as provided below, subject to approval by the 
Administrator as a revision to the applicable State implementation plan.
    (2) The State may submit to the Administrator a proposal to 
redesignate areas of the State Class I or Class II provided that:
    (i) At least one public hearing has been held in accordance with 
procedures established in Sec. 51.102 of this chapter;
    (ii) Other States, Indian Governing Bodies, and Federal Land 
Managers whose lands may be affected by the proposed redesignation were 
notified at least 30 days prior to the public hearing;
    (iii) A discussion of the reasons for the proposed redesignation, 
including a satisfactory description and analysis of the health, 
environmental, economic, social and energy effects of the proposed 
redesignation, was prepared and made available for public inspection at 
least 30 days prior to the hearing and the notice announcing the hearing 
contained appropriate notification of the availability of such 
discussion;
    (iv) Prior to the issuance of notice respecting the redesignation of 
an area that includes any Federal lands, the State has provided written 
notice to the appropriate Federal Land Manager and afforded adequate 
opportunity (not in excess of 60 days) to confer with the State 
respecting the redesignation and to submit written comments and 
recommendations. In redesignating any area with respect to which any 
Federal Land Manager had submitted written comments and recommendations, 
the State shall have published a list of any inconsistency between such 
redesignation and such comments and recommendations (together with the 
reasons for making such redesignation against the recommendation of the 
Federal Land Manager); and
    (v) The State has proposed the redesignation after consultation with 
the elected leadership of local and other

[[Page 29]]

substate general purpose governments in the area covered by the proposed 
redesignation.
    (3) Any area other than an area to which paragraph (e) of this 
section refers may be redesignated as Class III if--
    (i) The redesignation would meet the requirements of paragraph 
(g)(2) of this section;
    (ii) The redesignation, except any established by an Indian 
Governing Body, has been specifically approved by the Governor of the 
State, after consultation with the appropriate committees of the 
legislature, if it is in session, or with the leadership of the 
legislature, if it is not in session (unless State law provides that the 
redesignation must be specifically approved by State legislation) and if 
general purpose units of local government representing a majority of the 
residents of the area to be redesignated enact legislation or pass 
resolutions concurring in the redesignation:
    (iii) The redesignation would not cause, or contribute to, a 
concentration of any air pollutant which would exceed any maximum 
allowable increase permitted under the classification of any other area 
or any national ambient air quality standard; and
    (iv) Any permit application for any major stationary source or major 
modification, subject to review under paragraph (l) of this section, 
which could receive a permit under this section only if the area in 
question were redesignated as Class III, and any material submitted as 
part of that application, were available insofar as was practicable for 
public inspection prior to any public hearing on redesignation of the 
area as Class III.
    (4) Lands within the exterior boundaries of Indian Reservations may 
be redesignated only by the appropriate Indian Governing Body. The 
appropriate Indian Governing Body may submit to the Administrator a 
proposal to redesignate areas Class I, Class II, or Class III: Provided, 
That:
    (i) The Indian Governing Body has followed procedures equivalent to 
those required of a State under paragraphs (g)(2), (g)(3)(iii), and 
(g)(3)(iv) of this section; and
    (ii) Such redesignation is proposed after consultation with the 
State(s) in which the Indian Reservation is located and which border the 
Indian Reservation.
    (5) The Administrator shall disapprove, within 90 days of 
submission, a proposed redesignation of any area only if he finds, after 
notice and opportunity for public hearing, that such redesignation does 
not meet the procedural requirements of this paragraph or is 
inconsistent with paragraph (e) of this section. If any such disapproval 
occurs, the classification of the area shall be that which was in effect 
prior to the redesignation which was disapproved.
    (6) If the Administrator disapproves any proposed redesignation, the 
State or Indian Governing Body, as appropriate, may resubmit the 
proposal after correcting the deficiencies noted by the Administrator.
    (h) Stack heights. (1) The degree of emission limitation required 
for control of any air pollutant under this section shall not be 
affected in any manner by--
    (i) So much of the stack height of any source as exceeds good 
engineering practice, or
    (ii) Any other dispersion technique.
    (2) Paragraph (h)(1) of this section shall not apply with respect to 
stack heights in existence before December 31, 1970, or to dispersion 
techniques implemented before then.
    (i) Review of major stationary sources and major modifications--
Source applicability and exemptions. (1) No stationary source or 
modification to which the requirements of paragraphs (j) through (r) of 
this section apply shall begin actual construction without a permit 
which states that the stationary source or modification would meet those 
requirements. The Administrator has authority to issue any such permit.
    (2) The requirements of paragraphs (j) through (r) of this section 
shall apply to any major stationary source and any major modification 
with respect to each pollutant subject to regulation under the Act that 
it would emit, except as this section otherwise provides.
    (3) The requirements of paragraphs (j) through (r) of this section 
apply

[[Page 30]]

only to any major stationary source or major modification that would be 
constructed in an area designated as attainment or unclassifiable under 
section 107(d)(1)(D) or (E) of the Act.
    (4) The requirements of paragraphs (j) through (r) of this section 
shall not apply to a particular major stationary source or major 
modification, if;
    (i) Construction commenced on the source or modification before 
August 7, 1977. The regulations at 40 CFR 52.21 as in effect before 
August 7, 1977, shall govern the review and permitting of any such 
source or modification; or
    (ii) The source or modification was subject to the review 
requirements of 40 CFR 52.21(d)(1) as in effect before March 1, 1978, 
and the owner or operator:
    (a) Obtained under 40 CFR 52.21 a final approval effective before 
March 1, 1978;
    (b) Commenced construction before March 19, 1979; and
    (c) Did not discontinue construction for a period of 18 months or 
more and completed construction within a reasonable time; or
    (iii) The source or modification was subject to 40 CFR 52.21 as in 
effect before March 1, 1978, and the review of an application for 
approval for the stationary source or modification under 40 CFR 52.21 
would have been completed by March 1, 1978, but for an extension of the 
public comment period pursuant to a request for such an extension. In 
such a case, the application shall continue to be processed, and granted 
or denied, under 40 CFR 52.21 as in effect prior to March 1, 1978; or
    (iv) The source or modification was not subject to 40 CFR 52.21 as 
in effect before March 1, 1978, and the owner or operator:
    (a) Obtained all final Federal, state and local preconstruction 
approvals or permits necessary under the applicable State Implementation 
Plan before March 1, 1978;
    (b) Commenced construction before March 19, 1979; and
    (c) Did not discontinue construction for a period of 18 months or 
more and completed construction within a reasonable time; or
    (v) The source or modification was not subject to 40 CFR 52.21 as in 
effect on June 19, 1978 or under the partial stay of regulations 
published on February 5, 1980 (45 FR 7800), and the owner or operator:
    (a) Obtained all final Federal, state and local preconstruction 
approvals or permits necessary under the applicable State Implementation 
Plan before August 7, 1980;
    (b) Commenced construction within 18 months from August 7, 1980, or 
any earlier time required under the applicable State Implementation 
Plan; and
    (c) Did not discontinuue construction for a period of 18 months or 
more and completed construction within a reasonable time; or
    (vi) The source or modification would be a nonprofit health or 
nonprofit educational institution, or a major modification would occur 
at such an institution, and the governor of the state in which the 
source or modification would be located requests that it be exempt from 
those requirements; or
    (vii) The source or modification would be a major stationary source 
or major modification only if fugitive emissions, to the extent 
quantifiable, are considered in calculating the potential to emit of the 
stationary source or modification and the source does not belong to any 
of the following categories:
    (a) Coal cleaning plants (with thermal dryers);
    (b) Kraft pulp mills;
    (c) Portland cement plants;
    (d) Primary zinc smelters;
    (e) Iron and steel mills;
    (f) Primary aluminum ore reduction plants;
    (g) Primary copper smelters;
    (h) Municipal incinerators capable of charging more than 250 tons of 
refuse per day;
    (i) Hydrofluoric, sulfuric, or nitric acid plants;
    (j) Petroleum refineries;
    (k) Lime plants;
    (l) Phosphate rock processing plants;
    (m) Coke oven batteries;
    (n) Sulfur recovery plants;
    (o) Carbon black plants (furnace process);
    (p) Primary lead smelters;
    (q) Fuel conversion plants;
    (r) Sintering plants;

[[Page 31]]

    (s) Secondary metal production plants;
    (t) Chemical process plants;
    (u) Fossil-fuel boilers (or combination thereof) totaling more than 
250 million British thermal units per hour heat input;
    (v) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (w) Taconite ore processing plants;
    (x) Glass fiber processing plants;
    (y) Charcoal production plants;
    (z) Fossil fuel-fired steam electric plants of more than 250 million 
British thermal units per hour heat input;
    (aa) Any other stationary source category which, as of August 7, 
1980, is being regulated under section 111 or 112 of the Act; or
    (viii) The source is a portable stationary source which has 
previously received a permit under this section, and
    (a) The owner or operator proposes to relocate the source and 
emissions of the source at the new location would be temporary; and
    (b) The emissions from the source would not exceed its allowable 
emissions; and
    (c) The emissions from the source would impact no Class I area and 
no area where an applicable increment is known to be violated; and
    (d) Reasonable notice is given to the Administrator prior to the 
relocation identifying the proposed new location and the probable 
duration of operation at the new location. Such notice shall be given to 
the Administrator not less than 10 days in advance of the proposed 
relocation unless a different time duration is previously approved by 
the Administrator.
    (ix) The source or modification was not subject to Sec. 52.21, with 
respect to particulate matter, as in effect before July 31, 1987, and 
the owner or operator:
    (a) Obtained all final Federal, State, and local preconstruction 
approvals or permits necessary under the applicable State implementation 
plan before July 31, 1987;
    (b) Commenced construction within 18 months after July 31, 1987, or 
any earlier time required under the State implementation plan; and
    (c) Did not discontinue construction for a period of 18 months or 
more and completed construction within a reasonable period of time.
    (x) The source or modification was subject to 40 CFR 52.21, with 
respect to particulate matter, as in effect before July 31, 1987 and the 
owner or operator submitted an application for a permit under this 
section before that date, and the Administrator subsequently determines 
that the application as submitted was complete with respect to the 
particular matter requirements then in effect in the section. Instread, 
the requirments of paragraphs (j) through (r) of this section that were 
in effect before July 31, 1987 shall apply to such source or 
modifiction.
    (5) The requirements of paragraphs (j) through (r) of this section 
shall not apply to a major stationary source or major modification with 
respect to a particular pollutant if the owner or operator demonstrates 
that, as to that pollutant, the source or modification is located in an 
area designated as nonattainment under section 107 of the Act.
    (6) The requirements of paragraphs (k), (m) and (o) of this section 
shall not apply to a major stationary source or major modification with 
respect to a particular pollutant, if the allowable emissions of that 
pollutant from the source, or the net emissions increase of that 
pollutant from the modification:
    (i) Would impact no Class I area and no area where an applicable 
increment is known to be violated, and
    (ii) Would be temporary.
    (7) The requirements of paragraphs (k), (m) and (o) of this section 
as they relate to any maximum allowable increase for a Class II area 
shall not apply to a major modification at a stationary source that was 
in existence on March 1, 1978, if the net increase in allowable 
emissions of each pollutant subject to regulation under the Act from the 
modification after the application of best available control technology 
would be less than 50 tons per year.
    (8) The Administrator may exempt a stationary source or modification 
from the requirements of paragraph (m) of this section, with respect to 
monitoring for a particular pollutant if:

[[Page 32]]

    (i) The emissions increase of the pollutant from the new source or 
the net emissions increase of the pollutant from the modification would 
cause, in any area, air quality impacts less than the following amounts:

Carbon monoxide--575 g/m3, 8-hour average;
Nitrogen dioxide--14 g/m3, annual average;
Particulate matter--10 g/m3 of PM-10, 24-hour average;
Sulfur dioxide--13 g/m3, 24-hour average;
Ozone; 1
---------------------------------------------------------------------------

    1 No de minimis air quality level is provided for ozone. However, 
any net increase of 100 tons per year or more of volatile organic 
compounds subject to PSD would be required to perform an ambient impact 
analysis including the gathering of ambient air quality data.
---------------------------------------------------------------------------

    Lead--0.1 g/m3, 3-month average;
    Mercury--0.25 g/m3, 24-hour average;
    Beryllium--0.001 g/m3, 24-hour average;
    Fluorides--0.25 g/m3, 24-hour average;
    Vinyl chloride--15 g/m3, 24-hour average;
    Total reduced sulfur--10 g/m3, 1-hour average;
    Hydrogen sulfide--0.2 g/m3, 1-hour average;
    Reduced sulfur compounds--10 g/m3, 1-hour average; or

    (ii) The concentrations of the pollutant in the area that the source 
or modification would affect are less than the concentrations listed in 
paragraph (i)(8)(i) of this section, or the pollutant is not listed in 
paragraph (i)(8)(i) of this section.
    (9) The requirements for best available control technology in 
paragraph (j) of this section and the requirements for air quality 
analyses in paragraph (m)(1) of this section, shall not apply to a 
particular stationary source or modification that was subject to 40 CFR 
52.21 as in effect on June 19, 1978, if the owner or operator of the 
source or modification submitted an application for a permit under those 
regulations before August 7, 1980, and the Administrator subsequently 
determines that the application as submitted before that date was 
complete. Instead, the requirements at 40 CFR 52.21(j) and (n) as in 
effect on June 19, 1978 apply to any such source or modification.
    (10)(i) The requirements for air quality monitoring in paragraphs 
(m)(1) (ii) through (iv) of this section shall not apply to a particular 
source or modification that was subject to 40 CFR 52.21 as in effect on 
June 19, 1978, if the owner or operator of the source or modification 
submits an application for a permit under this section on or before June 
8, 1981, and the Administrator subsequently determines that the 
application as submitted before that date was complete with respect to 
the requirements of this section other than those in paragraphs (m)(1) 
(ii) through (iv) of this section, and with respect to the requirements 
for such analyses at 40 CFR 52.21(m)(2) as in effect on June 19, 1978. 
Instead, the latter requirements shall apply to any such source or 
modification.
    (ii) The requirements for air quality monitoring in paragraphs 
(m)(1) (ii) through (iv) of this section shall not apply to a particular 
source or modification that was not subject to 40 CFR 52.21 as in effect 
on June 19, 1978, if the owner or operator of the source or modification 
submits an application for a permit under this section on or before June 
8, 1981, and the Administrator subsequently determines that the 
application as submitted before that date was complete, except with 
respect to the requirements in paragraphs (m)(1) (ii) through (iv).
    (11)(i) At the discretion of the Administrator, the requirements for 
air quality monitoring of PM10 in paragraphs (m)(1) (i)--(iv) of 
this section may not apply to a particular source or modification when 
the owner or operator of the source or modification submits an 
application for a permit under this section on or before June 1, 1988 
and the Administrator subsequently determines that the application as 
submitted before that date was complete, except with respect to the 
requirements for monitoring particulate matter in paragraphs (m)(1) 
(i)--(iv).
    (ii) The requirements for air quiality monitoring pf PM10 in 
paragraphs (m)(1), (ii) and (iv) and (m)(3) of this section shall apply 
to a particular source or modification if the owner or operator of the 
source or modification submits an application for a permit under this 
section after June 1, 1988 and no later than December 1, 1988. The data 
shall have been gathered over at least the period from February 1, 1988 
to the date the application becomes otherwise complete in accordance 
with

[[Page 33]]

the provisions set forth under paragraph (m)(1)(viii) of this section, 
except that if the Administrator determines that a complete and adequate 
analysis can be accomplished with monitoring data over a shorter period 
(not to be less than 4 months), the data that paragraph (m)(1)(iii) 
requires shall have been gathered over a shorter period.
    (12) The requirements of paragraph (k)(2) of this section shall not 
apply to a stationary source or modification with respect to any maximum 
allowable increase for nitrogen oxides if the owner or operator of the 
source or modification submitted an application for a permit under this 
section before the provisions embodying the maximum allowable increase 
took effect as part of the applicable implementation plan and the 
Administrator subsequently determined that the application as submitted 
before that date was complete.
    (13) The requirements in paragraph (k)(2) of this section shall not 
apply to a stationary source or modification with respect to any maximum 
allowable increase for PM-10 if (i) the owner or operator of the source 
or modification submitted an application for a permit under this section 
before the provisions embodying the maximum allowable increases for PM-
10 took effect in an implementation plan to which this section applies, 
and (ii) the Administrator subsequently determined that the application 
as submitted before that date was otherwise complete. Instead, the 
requirements in paragraph (k)(2) shall apply with respect to the maximum 
allowable increases for TSP as in effect on the date the application was 
submitted.
    (j) Control technology review. (1) A major stationary source or 
major modification shall meet each applicable emissions limitation under 
the State Implementation Plan and each applicable emissions standard and 
standard of performance under 40 CFR parts 60 and 61.
    (2) A new major stationary source shall apply best available control 
technology for each pollutant subject to regulation under the Act that 
it would have the potential to emit in significant amounts.
    (3) A major modification shall apply best available control 
technology for each pollutant subject to regulation under the Act for 
which it would result in a significant net emissions increase at the 
source. This requirement applies to each proposed emissions unit at 
which a net emissions increase in the pollutant would occur as a result 
of a physical change or change in the method of operation in the unit.
    (4) For phased construction projects, the determination of best 
available control technology shall be reviewed and modified as 
appropriate at the latest reasonable time which occurs no later than 18 
months prior to commencement of construction of each independent phase 
of the project. At such time, the owner or operator of the applicable 
stationary source may be required to demonstrate the adequacy of any 
previous determination of best available control technology for the 
source.
    (k) Source impact analysis. The owner or operator of the proposed 
source or modification shall demonstrate that allowable emission 
increases from the proposed source or modification, in conjunction with 
all other applicable emissions increases or reductions (including 
secondary emissions), would not cause or contribute to air pollution in 
violation of:
    (1) Any national ambient air quality standard in any air quality 
control region; or
    (2) Any applicable maximum allowable increase over the baseline 
concentration in any area.
    (l) Air quality models. 
    (1) All estimates of ambient concentrations required under this 
paragraph shall be based on the applicable air quality models, data 
bases, and other requirements specified in appendix W of part 51 of this 
chapter (``Guideline on Air Quality Models (Revised)'' (1986), 
supplement A (1987), supplement B (1993) and supplement C (1994)). The 
Guideline and its supplements (EPA Publication No. 450/2-78-027R) are 
also for sale from the U.S. Department of Commerce, National Technical 
Information Service, 5825 Port Royal Road, Springfield, VA 22161.
    (2) Where an air quality impact model specified in appendix W of 
part

[[Page 34]]

51 of this chapter (``Guideline on Air Quality Models (Revised)'' 
(1986), supplement A (1987), supplement B (1993) and supplement C 
(1994)) are inappropriate, the model may be modified or another model 
substituted. Such a modification or substitution of a model may be made 
on a case-by-case basis or, where appropriate, on a generic basis for a 
specific state program. Written approval of the Administrator must be 
obtained for any modification or substitution. In addition, use of a 
modified or substituted model must be subject to notice and opportunity 
for public comment under procedures developed in accordance with 
paragraph (q) of this section.
    (m) Air quality analysis--(1) Preapplication analysis. (i) Any 
application for a permit under this section shall contain an analysis of 
ambient air quality in the area that the major stationary source or 
major modification would affect for each of the following pollutants:
    (a) For the source, each pollutant that it would have the potential 
to omit in a significant amount;
    (b) For the modification, each pollutant for which it would result 
in a significant net emissions increase.
    (ii) With respect to any such pollutant for which no National 
Ambient Air Quality Standard exists, the analysis shall contain such air 
quality monitoring data as the Administrator determines is necessary to 
assess ambient air quality for that pollutant in any area that the 
emissions of that pollutant would affect.
    (iii) With respect to any such pollutant (other than nonmethane 
hydrocarbons) for which such a standard does exist, the analysis shall 
contain continuous air quality monitoring data gathered for purposes of 
determining whether emissions of that pollutant would cause or 
contribute to a violation of the standard or any maximum allowable 
increase.
    (iv) In general, the continuous air quality monitoring data that is 
required shall have been gathered over a period of at least one year and 
shall represent at least the year preceding receipt of the application, 
except that, if the Administrator determines that a complete and 
adequate analysis can be accomplished with monitoring data gathered over 
a period shorter than one year (but not to be less than four months), 
the data that is required shall have been gathered over at least that 
shorter period.
    (v) For any application which becomes complete, except as to the 
requirements of paragraphs (m)(1) (iii) and (iv) of this section, 
between June 8, 1981, and February 9, 1982, the data that paragraph 
(m)(1)(iii) of this section, requires shall have been gathered over at 
least the period from February 9, 1981, to the date the application 
becomes otherwise complete, except that:
    (a) If the source or modification would have been major for that 
pollutant under 40 CFR 52.21 as in effect on June 19, 1978, any 
monitoring data shall have been gathered over at least the period 
required by those regulations.
    (b) If the Administrator determines that a complete and adequate 
analysis can be accomplished with monitoring data over a shorter period 
(not to be less than four months), the data that paragraph (m)(1)(iii) 
of this section, requires shall have been gathered over at least that 
shorter period.
    (c) If the monitoring data would relate exclusively to ozone and 
would not have been required under 40 CFR 52.21 as in effect on June 19, 
1978, the Administrator may waive the otherwise applicable requirements 
of this paragraph (v) to the extent that the applicant shows that the 
monitoring data would be unrepresentative of air quality over a full 
year.
    (vi) The owner or operator of a proposed stationary source or 
modification of violatile organic compounds who satisfies all conditions 
of 40 CFR part 51 Appendix S, section IV may provide post-approval 
monitoring data for ozone in lieu of providing preconstruction data as 
requried under paragraph (m)(1) of this section.
    (vii) For any application that becomes complete, except as to the 
requirements of paragraphs (m)(1) (iii) and (iv) pertaining to 
PM10, after December 1, 1988 and no later than August 1, 1989 the 
data that paragraph (m)(1)(iii) requires shall have been gathered over 
at least the period from

[[Page 35]]

August 1, 1988 to the date the application becomes otherwise complete, 
except that if the Administrator determines that a complete and adequate 
analysis can be accomplished with monitoring data over a shorter period 
(not to be less than 4 months), the data that paragraph (m)(1)(iii) 
requires shall have been gathered over that shorter period.
    (viii) With respect to any requirements for air quality monitoring 
of PM10 under paragraphs (i)(11) (i) and (ii) of this section the 
owner or operator of the source or modification shall use a monitoring 
method approved by the Administratorand shall estimate the ambient 
concentrations of PM10 using the data collected by such approved 
monitoring method in accordance with estimating procedures approved by 
the Administrator.
    (2) Post-construction monitoring. The owner or operator of a major 
stationary source or major modification shall, after construction of the 
stationary source or modification, conduct such ambient monitoring as 
the Administrator determines is necessary to determine the effect 
emissions from the stationary source or modification may have, or are 
having, on air quality in any area.
    (3) Operations of monitoring stations. The owner or operator of a 
major stationary source or major modification shall meet the 
requirements of Appendix B to part 58 of this chapter during the 
operation of monitoring stations for purposes of satisfying paragraph 
(m) of this section.
    (n) Source information. The owner or operator of a proposed source 
or modification shall submit all information necessary to perform any 
analysis or make any determination required under this section.
    (1) With respect to a source or modification to which paragraphs 
(j), (l), (n) and (p) of this section apply, such information shall 
include:
    (i) A description of the nature, location, design capacity, and 
typical operating schedule of the source or modification, including 
specifications and drawings showing its design and plant layout;
    (ii) A detailed schedule for construction of the source or 
modification;
    (iii) A detailed description as to what system of continuous 
emission reduction is planned for the source or modification, emission 
estimates, and any other information necessary to determine that best 
available control technology would be applied.
    (2) Upon request of the Administrator, the owner or operator shall 
also provide information on:
    (i) The air quality impact of the source or modification, including 
meteorological and topographical data necessary to estimate such impact; 
and
    (ii) The air quality impacts, and the nature and extent of any or 
all general commercial, residential, industrial, and other growth which 
has occurred since August 7, 1977, in the area the source or 
modification would affect.
    (o) Additional impact analyses. (1) The owner or operator shall 
provide an analysis of the impairment to visibility, soils and 
vegetation that would occur as a result of the source or modification 
and general commercial, residential, industrial and other growth 
associated with the source or modification. The owner or operator need 
not provide an analysis of the impact on vegetation having no 
significant commercial or recreational value.
    (2) The owner or operator shall provide an analysis of the air 
quality impact projected for the area as a result of general commercial, 
residential, industrial and other growth associated with the source or 
modification.
    (3) Visibility monitoring. The Administrator may require monitoring 
of visibility in any Federal class I area near the proposed new 
stationary source for major modification for such purposes and by such 
means as the Administrator deems necessary and appropriate.
    (p) Sources impacting Federal Class I areas--additional 
requirements--(1) Notice to Federal land managers. The Administrator 
shall provide written notice of any permit application for a proposed 
major stationary source or major modification, the emissions from which 
may affect a Class I area, to the Federal land manager and the Federal 
official charged with direct responsibility for management of any lands 
within any such area. Such notification shall include a copy of all 
information

[[Page 36]]

relevant to the permit application and shall be given within 30 days of 
receipt and at least 60 days prior to any public hearing on the 
application for a permit to construct. Such notification shall include 
an analysis of the proposed source's anticipated impacts on visibility 
in the Federal Class I area. The Administrator shall also provide the 
Federal land manager and such Federal officials with a copy of the 
preliminary determination required under paragraph (q) of this section, 
and shall make available to them any materials used in making that 
determination, promptly after the Administrator makes such 
determination. Finally, the Administrator shall also notify all affected 
Federal land managers within 30 days of receipt of any advance 
notification of any such permit application.
    (2) Federal Land Manager. The Federal Land Manager and the Federal 
official charged with direct responsibility for management of such lands 
have an affirmative responsibility to protect the air quality related 
values (including visibility) of such lands and to consider, in 
consultation with the Administrator, whether a proposed source or 
modification will have an adverse impact on such values.
    (3) Visibility analysis. The Administrator shall consider any 
analysis performed by the Federal land manager, provided within 30 days 
of the notification required by paragraph (p)(1) of this section, that 
shows that a proposed new major stationary source or major modification 
may have an adverse impact on visibility in any Federal Class I area. 
Where the Administrator finds that such an analysis does not demonstrate 
to the satisfaction of the Administrator that an adverse impact on 
visibility will result in the Federal Class I area, the Administrator 
must, in the notice of public hearing on the permit application, either 
explain his decision or give notice as to where the explanation can be 
obtained.
    (4) Denial--impact on air quality related values. The Federal Land 
Manager of any such lands may demonstrate to the Administrator that the 
emissions from a proposed source or modification would have an adverse 
impact on the air quality-related values (including visibility) of those 
lands, notwithstanding that the change in air quality resulting from 
emissions from such source or modification would not cause or contribute 
to concentrations which would exceed the maximum allowable increases for 
a Class I area. If the Administrator concurs with such demonstration, 
then he shall not issue the permit.
    (5) Class I variances. The owner or operator of a proposed source or 
modification may demonstrate to the Federal Land Manager that the 
emissions from such source or modification would have no adverse impact 
on the air quality related values of any such lands (including 
visibility), notwithstanding that the change in air quality resulting 
from emissions from such source or modification would cause or 
contribute to concentrations which would exceed the maximum allowable 
increases for a Class I area. If the Federal land manager concurs with 
such demonstration and he so certifies, the State may authorize the 
Administrator: Provided, That the applicable requirements of this 
section are otherwise met, to issue the permit with such emission 
limitations as may be necessary to assure that emissions of sulfur 
dioxide, particulate matter, and nitrogen oxides would not exceed the 
following maximum allowable increases over minor source baseline 
concentration for such pollutants:

------------------------------------------------------------------------
                                                               Maximum  
                                                              allowable 
                                                               increase 
                         Pollutant                           (micrograms
                                                              per cubic 
                                                                meter)  
------------------------------------------------------------------------
Particulate matter:                                                     
    PM-10, annual arithmetic mean..........................           17
    PM-10, 24-hr maximum...................................           30
Sulfur dioxide:                                                         
    Annual arithmetic mean.................................           20
    24-hr maximum..........................................           91
    3-hr maximum...........................................          325
Nitrogen dioxide:                                                       
    Annual arithmetic mean.................................           25
------------------------------------------------------------------------

    (6) Sulfur dioxide variance by Governor with Federal Land Manager's 
concurrence. The owner or operator of a proposed source or modification 
which cannot be approved under paragraph (q)(4) of this section may 
demonstrate to the Governor that the source cannot be constructed by 
reason of any maximum allowable increase for sulfur dioxide for a period 
of twenty-four hours

[[Page 37]]

or less applicable to any Class I area and, in the case of Federal 
mandatory Class I areas, that a variance under this clause would not 
adversely affect the air quality related values of the area (including 
visibility). The Governor, after consideration of the Federal Land 
Manager's recommendation (if any) and subject to his concurrence, may, 
after notice and public hearing, grant a variance from such maximum 
allowable increase. If such variance is granted, the Administrator shall 
issue a permit to such source or modification pursuant to the 
requirements of paragraph (q)(7) of this section: Provided, That the 
applicable requirements of this section are otherwise met.
    (7) Variance by the Governor with the President's concurrence. In 
any case where the Governor recommends a variance in which the Federal 
Land Manager does not concur, the recommendations of the Governor and 
the Federal Land Manager shall be transmitted to the President. The 
President may approve the Governor's recommendation if he finds that the 
variance is in the national interest. If the variance is approved, the 
Administrator shall issue a permit pursuant to the requirements of 
paragraph (q)(7) of this section: Provided, That the applicable 
requirements of this section are otherwise met.
    (8) Emission limitations for Presidential or gubernatorial variance. 
In the case of a permit issued pursuant to paragraph (q) (5) or (6) of 
this section the source or modification shall comply with such emission 
limitations as may be necessary to assure that emissions of sulfur 
dioxide from the source or modification would not (during any day on 
which the otherwise applicable maximum allowable increases are exceeded) 
cause or contribute to concentrations which would exceed the following 
maximum allowable increases over the baseline concentration and to 
assure that such emissions would not cause or contribute to 
concentrations which exceed the otherwise applicable maximum allowable 
increases for periods of exposure of 24 hours or less for more than 18 
days, not necessarily consecutive, during any annual period:

                       Maximum Allowable Increase                       
                      [Micrograms per cubic meter]                      
------------------------------------------------------------------------
                                                         Terrain areas  
                 Period of exposure                  -------------------
                                                         Low      High  
------------------------------------------------------------------------
24-hr maximum.......................................        36        62
3-hr maximum........................................       130       221
------------------------------------------------------------------------

    (q) Public participation. The Administrator shall follow the 
applicable procedures of 40 CFR part 124 in processing applications 
under this section. The Administrator shall follow the procedures at 40 
CFR 52.21(r) as in effect on June 19, 1979, to the extent that the 
procedures of 40 CFR part 124 do not apply.
    (r) Source obligation. (1) Any owner or operator who constructs or 
operates a source or modification not in accordance with the application 
submitted pursuant to this section or with the terms of any approval to 
construct, or any owner or operator of a source or modification subject 
to this section who commences construction after the effective date of 
these regulations without applying for and receiving approval hereunder, 
shall be subject to appropriate enforcement action.
    (2) Approval to construct shall become invalid if construction is 
not commenced within 18 months after receipt of such approval, if 
construction is discontinued for a period of 18 months or more, or if 
construction is not completed within a reasonable time. The 
Administrator may extend the 18-month period upon a satisfactory showing 
that an extension is justified. This provision does not apply to the 
time period between construction of the approved phases of a phased 
construction project; each phase must commence construction within 18 
months of the projected and approved commencement date.
    (3) Approval to construct shall not relieve any owner or operator of 
the responsibility to comply fully with applicable provisions of the 
State implementation plan and any other requirements under local, State, 
or Federal law.
    (4) At such time that a particular source or modification becomes a 
major stationary source or major modification solely by virtue of a 
relaxation in any enforceable limitation

[[Page 38]]

which was established after August 7, 1980, on the capacity of the 
source or modification otherwise to emit a pollutant, such as a 
restriction on hours of operation, then the requirements or paragraphs 
(j) through (s) of this section shall apply to the source or 
modification as though construction had not yet commenced on the source 
or modification.
    (s) Environmental impact statements. Whenever any proposed source or 
modification is subject to action by a Federal Agency which might 
necessitate preparation of an environmental impact statement pursuant to 
the National Environmental Policy Act (42 U.S.C. 4321), review by the 
Administrator conducted pursuant to this section shall be coordinated 
with the broad environmental reviews under that Act and under section 
309 of the Clean Air Act to the maximum extent feasible and reasonable.
    (t) Disputed permits or redesignations. If any State affected by the 
redesignation of an area by an Indian Governing Body, or any Indian 
Governing Body of a tribe affected by the redesignation of an area by a 
State, disagrees with such redesignation, or if a permit is proposed to 
be issued for any major stationary source or major modification proposed 
for construction in any State which the Governor of an affected State or 
Indian Governing Body of an affected tribe determines will cause or 
contribute to a cumulative change in air quality in excess of that 
allowed in this part within the affected State or Indian Reservation, 
the Governor or Indian Governing Body may request the Administrator to 
enter into negotiations with the parties involved to resolve such 
dispute. If requested by any State or Indian Governing Body involved, 
the Administrator shall make a recommendation to resolve the dispute and 
protect the air quality related values of the lands involved. If the 
parties involved do not reach agreement, the Administrator shall resolve 
the dispute and his determination, or the results of agreements reached 
through other means, shall become part of the applicable State 
implementation plan and shall be enforceable as part of such plan. In 
resolving such disputes relating to area redesignation, the 
Administrator shall consider the extent to which the lands involved are 
of sufficient size to allow effective air quality management or have air 
quality related values of such an area.
    (u) Delegation of authority. (1) The Administrator shall have the 
authority to delegate his responsibility for conducting source review 
pursuant to this section, in accordance with paragraphs (v) (2) and (3) 
of this section.
    (2) Where the Administrator delegates the responsibility for 
conducting source review under this section to any agency other than a 
Regional Office of the Environmental Protection Agency, the following 
provisions shall apply:
    (i) Where the delegate agency is not an air pollution control 
agency, it shall consult with the appropriate State and local air 
pollution control agency prior to making any determination under this 
section. Similarly, where the delegate agency does not have continuing 
responsibility for managing land use, it shall consult with the 
appropriate State and local agency primarily responsible for managing 
land use prior to making any determination under this section.
    (ii) The delegate agency shall send a copy of any public comment 
notice required under paragraph (r) of this section to the Administrator 
through the appropriate Regional Office.
    (3) The Administrator's authority for reviewing a source or 
modification located on an Indian Reservation shall not be redelegated 
other than to a Regional Office of the Environmental Protection Agency, 
except where the State has assumed jurisdiction over such land under 
other laws. Where the State has assumed such jurisdiction, the 
Administrator may delegate his authority to the States in accordance 
with paragraph (v)(2) of this section.
    (4) In the case of a source or modification which proposes to 
construct in a class III area, emissions from which would cause or 
contribute to air quality exceeding the maximum allowable increase 
applicable if the area were designated a class II area, and where no 
standard under section 111 of the act has been promulgated for such 
source

[[Page 39]]

category, the Administrator must approve the determination of best 
available control technology as set forth in the permit.
    (v) Innovative control technology. (1) An owner or operator of a 
proposed major stationary source or major modification may request the 
Administrator in writing no later than the close of the comment period 
under 40 CFR 124.10 to approve a system of innovative control 
technology.
    (2) The Administrator shall, with the consent of the governor(s) of 
the affected state(s), determine that the source or modification may 
employ a system of innovative control technology, if: --
    (i) The proposed control system would not cause or contribute to an 
unreasonable risk to public health, welfare, or safety in its operation 
or function;
    (ii) The owner or operator agrees to achieve a level of continuous 
emissions reduction equivalent to that which would have been required 
under paragraph (j)(2) of this section, by a date specified by the 
Administrator. Such date shall not be later than 4 years from the time 
of startup or 7 years from permit issuance;
    (iii) The source or modification would meet the requirements of 
paragraphs (j) and (k) of this section, based on the emissions rate that 
the stationary source employing the system of innovative control 
technology would be required to meet on the date specified by the 
Administrator;
    (iv) The source or modification would not before the date specified 
by the Administrator:
    (a) Cause or contribute to a violation of an applicable national 
ambient air quality standard; or
    (b) Impact any area where an applicable increment is known to be 
violated; and
    (v) All other applicable requirements including those for public 
participation have been met.
    (vi) The provisions of paragraph (p) of this section (relating to 
Class I areas) have been satisfied with respect to all periods during 
the life of the source or modification.
    (3) The Administrator shall withdraw any approval to employ a system 
of innovative control technology made under this section, if:
    (i) The proposed system fails by the specified date to achieve the 
required continuous emissions reduction rate; or
    (ii) The proposed system fails before the specified date so as to 
contribute to an unreasonable risk to public health, welfare, or safety; 
or
    (iii) The Administrator decides at any time that the proposed system 
is unlikely to achieve the required level of control or to protect the 
public health, welfare, or safety.
    (4) If a source or modification fails to meet the required level of 
continuous emission reduction within the specified time period or the 
approval is withdrawn in accordance with paragraph (v)(3) of this 
section, the Administrator may allow the source or modification up to an 
additional 3 years to meet the requirement for the application of best 
available control technology through use of a demonstrated system of 
control.
    (w) Permit rescission. (1) Any permit issued under this section or a 
prior version of this section shall remain in effect, unless and until 
it expires under paragraph (s) of this section or is rescinded.
    (2) Any owner or operator of a stationary source or modification who 
holds a permit for the source or modification which was issued under 40 
CFR 52.21 as in effect on July 30, 1987, or any earlier version of this 
section, may request that the Administrator rescind the permit or a 
particular portion of the permit.
    (3) The Administrator shall grant an application for rescission if 
the application shows that this section would not apply to the source or 
modification.
    (4) If the Administrator rescinds a permit under this paragraph, the 
public shall be given adequate notice of the rescission. Publication of 
an announcement of rescission in a newspaper of general circulation in 
the affected region within 60 days of the rescission shall be considered 
adequate notice.

[43 FR 26403, June 19, 1978]

    Editorial Note: For Federal Register citations affecting Sec. 52.21, 
see the List of CFR

[[Page 40]]

Sections Affected in the Finding Aids section of this volume.



Sec. 52.23   Violation and enforcement.

    Failure to comply with any provisions of this part, or with any 
approved regulatory provision of a State implementation plan, or with 
any permit condition or permit denial issued pursuant to approved or 
promulgated regulations for the review of new or modified stationary or 
indirect sources, or with any permit limitation or condition contained 
within an operating permit issued under an EPA-approved program that is 
incorporated into the State implementation plan, shall render the person 
or governmental entity so failing to comply in violation of a 
requirement of an applicable implementation plan and subject to 
enforcement action under section 113 of the Clean Air Act. With regard 
to compliance schedules, a person or Governmental entity will be 
considered to have failed to comply with the requirements of this part 
if it fails to timely submit any required compliance schedule, if the 
compliance schedule when submitted does not contain each of the elements 
it is required to contain, or if the person or Governmental entity fails 
to comply with such schedule.

[39 FR 33512, Sept. 18, 1974, as amended at 54 FR 27285, June 28, 1989]



Sec. 52.24  Statutory restriction on new sources.

    (a) After June 30, 1979, no major stationary source shall be 
constructed or modified in any nonattainment area as designated in 40 
CFR part 81, subpart C (``nonattainment area'') to which any State 
implementation plan applies, if the emissions from suy will cause or 
contribute to concentrations of any pollutant for which a national 
ambient air quality standard is exceeded in such area, unless, as of the 
time of application for a permit for such construction, such plan meets 
the requirements of Part D, Title I, of the Clean Air Act, as amended 
(42 U.S.C. 7501 et seq.) (``Part D''). This section shall not apply to 
any nonattainment area once EPA has fully approved the State 
implementation plan for the area as meeting the requirements of Part D.
    (b) For any nonattainment area for which the SIP satisfies the 
requirements of Part D, permits to construct and operate new or modified 
major stationary sources may be issued only if the applicable SIP is 
being carried out for the nonattainment area in which the proposed 
source is to be constructed or modified in accordance with the 
requirements of Part D.
    (c) The Emission Offset Interpretative Ruling, 40 CFR part 51, 
Appendix S (``Offset Ruling''), rather than paragraphs (a) and (b), 
governs permits to construct and operate applied for before the deadline 
for having a revised SIP in effect that satisfies Part D. This deadline 
is July 1, 1979, for areas designated as nonattainment on March 3, 1978 
(42 FR 8962). The revised SIP, rather than paragraph (a) of this 
section, governs permits applied for during a period when the revised 
SIP is in compliance with Part D.
    (d) The restrictions in paragraphs (a) and (b) apply only to major 
stationary sources of emissions that cause or contribute to 
concentrations of the pollutant for which the nonattainment area was 
designated as nonattainment, and for which the SIP does not meet the 
requirements of Part D or is not being carried out in accordance with 
the requirements of Part D.
    (e) For any area designated as nonattainment for any national 
ambient air quality standard, the restrictions in paragraphs (a) and (b) 
of this section, shall apply to any major stationary source or major 
modification that would be major for the pollutant for which the area is 
designated nonattainment, if the stationary source or major modification 
would be constructed anywhere in the designated nonattainment areas. A 
major stationary source or major modification that is major for volatile 
organic compounds is also major for ozone.
    (f) The following definitions shall apply under this section.
    (1) Stationary source means any building, structure, facility, or 
installation which emits or may emit any air pollutant subject to 
regulation under the Act.
    (2) Building, structure, facility or installation means all of the 
pollutant-emitting activities which belong to the

[[Page 41]]

same industrial grouping, are located on one or more contiguous or 
adjacent properties, and are under the control of the same person (or 
persons under common control) except the activities of any vessel. 
Pollutant-emitting activities shall be considered as part of the same 
industrial grouping if they belong to the same ``Major Group'' (i.e., 
which have the same two-digit code) as described in the following 
document, Standard Industrial Classification Manual, 1972, as amended by 
the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-
0066 and 003-005-00176-0, respectively).
    (3) Potential to emit means the maximum capacity of a stationary 
source to emit a pollutant under its physical and operational design. 
Any physical or operational limitation on the capacity of the source to 
emit a pollutant, including air pollution control equipment and 
restrictions on hours of operation or on amount of material combusted, 
stored, or processed, shall be treated as part of its design only if the 
limitation or the effect it would have on emissions is federally 
enforceable. Secondary emissions do not count in determining the 
potential to emit of a stationary source.
    (4)(i) Major stationary source means:
    (a) Any stationary source of air pollutants which emits, or has the 
potential to emit, 100 tons per year or more of any pollutant subject to 
regulation under the Act; or
    (b) Any physical change that would occur at a stationary source not 
qualifying under paragraph (f)(5)(i)(a) of this section, as a major 
stationary source, if the change would constitute a major stationary 
source by itself.
    (ii) A major stationary source that is major for volatile organic 
compounds shall be considered major for ozone.
    (iii) The fugitive emissions of a stationary source shall not be 
included in determining for any of the purposes of this section whether 
it is a major stationary source, unless the source belongs to one of the 
following categories of stationary sources:
    (a) Coal cleaning plants (with thermal dryers);
    (b) Kraft pulp mills;
    (c) Portland cement plants;
    (d) Primary zinc smelters;
    (e) Iron and steel mills;
    (f) Primary aluminum ore reduction plants;
    (g) Primary copper smelters;
    (h) Municipal incinerators capable of charging more than 250 tons of 
refuse per day;
    (i) Hydrofluoric, sulfuric, or nitric acid plants;
    (j) Petroleum refineries;
    (k) Lime plants;
    (l) Phosphate rock processing plants;
    (m) Coke oven batteries;
    (n) Sulfur recovery plants;
    (o) Carbon black plants (furnace process);
    (p) Primary lead smelters;
    (q) Fuel conversion plants;
    (r) Sintering plants;
    (s) Secondary metal production plants;
    (t) Chemical process plants;
    (u) Fossil-fuel boilers (or combination thereof) totaling more than 
250 million British thermal units per hour heat input;
    (v) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (w) Taconite ore processing plants;
    (x) Glass fiber processing plants;
    (y) Charcoal production plants;
    (z) Fossil fuel-fired steam electric plants of more than 250 million 
British thermal units per hour heat input;
    (aa) Any other stationary source category which, as of August 7, 
1980, is being regulated under section 111 or 112 of the Act.
    (5)(i) Major modification means any physical change in or change in 
the method of operation of a major stationary source that would result 
in a significant net emissions increase of any pollutant subject to 
regulation under the Act.
    (ii) Any net emissions increase that is considered significant for 
volatile organic compounds shall be considered significant for ozone.
    (iii) A physical change or change in the method of operation shall 
not include:
    (a) Routine maintenance, repair, and replacement;
    (b) Use of an alternative fuel or raw material by reason of an order 
under sections 2 (a) and (b) of the Energy

[[Page 42]]

Supply and Environmental Coordination Act of 1974 (or any superseding 
legislation) or by reason of a natural gas curtailment plan pursuant to 
the Federal Power Act;
    (c) Use of an alternative fuel by reason of an order or rule under 
section 125 of the Act;
    (d) Use of an alternative fuel at a steam generating unit to the 
extent that the fuel is generated from municipal solid waste;
    (e) Use of an alternative fuel or raw material by a stationary 
source which:
    (1) The source was capable of accommodating before July 1, 1979, 
unless such change would be prohibited under any federally enforceable 
permit condition which was established after July 1, 1979 pursuant to 40 
CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I or 
40 CFR 51.166; or
    (2) The source is approved to use under any permit issued under 
regulations approved pursuant to 40 CFR subpart I;
    (f) An increase in the hours of operation or in the production rate, 
unless such change is prohibited under any federally enforceable permit 
condition which was established after July 1, 1979 pursuant to 40 CFR 
52.21 or under regulations approved pursuant to 40 CFR subpart I or 40 
CFR 51.166.
    (g) Any change in ownership at a stationary source.
    (h) The addition, replacement or use of a pollution control project 
at an existing electric utility steam generating unit, unless the 
Administrator determines that such addition, replacement, or use renders 
the unit less environmentally beneficial, or except:
    (1) When the Administrator has reason to believe that the pollution 
control project would reslt in a significant net increase in 
representative actual annual emissions of any criteria pollutant over 
levels used for that source in the most recent air quality impact 
analysis in the area conducted for the purpose of title I, if any, and
    (2) The Administrator determines that the increase will cause or 
contribute to a violation of any national ambient air quality standard 
or PSD increment, or visibility limitation.
    (i) The installation, operation, cessation, or removal of a 
temporary clean coal technology demonstration project, provided that the 
project complies with:
    (1) The State implementation plan for the State in which the project 
is located, and
    (2) Other requirements necessary to attain and maintain the national 
ambient air quality standards during the project and after it is 
terminated.
    (6)(i) Net emissions increase means the amount by which the sum of 
the following exceeds zero:
    (a) Any increase in actual emissions from a particular physical 
change or change in the method of operation at a stationary source; and
    (b) Any other increases and decreases in actual emissions at the 
source that are contemporaneous with the particular change and are 
otherwise creditable.
    (ii) An increase or decrease in actual emissions is contemporaneous 
with the increase from the particular change only if it occurs between:
    (a) The date five years before construction on the particular change 
commences and
    (b) The date that the increase from the particular change occurs.
    (iii) An increase or decrease in actual emissions is creditable only 
if the Administrator has not relied on it in issuing a permit for the 
source under regulations approved pursuant to 40 CFR subpart I which 
permit is in effect when the increase in actual emissions from the 
particular change occurs.
    (iv) An increase in actual emissions is creditabletime. only to the 
extent that the new level of actual emissions exceeds the old level.
    (v) A decrease in actual emissions is creditable only to the extent 
that:
    (a) The old level of actual emissions or the old level of allowable 
emissions, whichever is lower, exceeds the new level of actual 
emissions;
    (b) It is federally enforceable at and after the time that 
construction on the particular change begins; and
    (c) The Administrator or reviewing authority has not relied on it in 
issuing any permit under regulations approved pursuant to 40 CFR subpart 
I or the State has not relied on it in demonstrating attainment or 
reasonable further progress.

[[Page 43]]

    (d) It has approximately the same qualitative significance for 
public health and welfare as that attributed to the increase from the 
particular change.
    (vi) An increase that results from a physical change at a source 
occurs when the emissions unit on which construction occurred becomes 
operational and begins to emit a particular pollutant. Any replacement 
unit that requires shakedown becomes operational only after a reasonable 
shakedown period, not to exceed 180 days.
    (7) Emissions unit means any part of a stationary source which emits 
or would have the potential to emit any pollutant subject to regulation 
under the Act.
    (8) Secondary emissions means emissions which would occur as a 
result of the construction or operation of a major stationary source or 
major modification, but do not come from the major stationary source or 
major modification itself. For the purpose of this section, secondary 
emissions must be specific, well defined, quantifiable, and impact the 
same general area as the stationary source or modification which causes 
the secondary emissions. Secondary emissions include emissions from any 
offsite support facility which would otherwise not be constructed or 
increase its emissions except as a result of the construction or 
operation of the major stationary source or major modification. 
Secondary emissions do not include any emissions which come directly 
from a mobile source, such as emissions from the tailpipe of a motor 
vehicle, from a train, or from a vessel.
    (9) Fugitive emissions means those emissions which could not 
reasonably pass through a stack, chimney, vent, or other functionally 
equivalent opening.
    (10) Significant means, in reference to a net emissions increase or 
the potential of a source to emit any of the following pollutants, a 
rate of emissions that would equal or exceed any of the following rates:

                      Pollutant and Emissions Rate

Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Ozone: 40 tpy of volatile organic compounds
Lead: 0.6 tpy

    (11) Allowable emissions means the emissions rate of a stationary 
source calculated using the maximum rated capacity of the source (unless 
the source is subject to federally enforceable limits which restrict the 
operating rate, or hours of operation, or both) and the most stringent 
of the following:
    (i) The applicable standards set forth in 40 CFR parts 60 and 61;
    (ii) Any applicable State Implementation Plan emissions limitation, 
including those with a future compliance date; or
    (iii) The emissions rate specified as a federally enforceable permit 
condition, including those with a future compliance date.
    (12) Federally enforceable means all limitations and conditions 
which are enforceable by the Administrator, including those requirements 
developed pursuant to 40 CFR parts 60 and 61, requirements within any 
applicable State implementation plan, any permit requirements 
established pursuant to 40 CFR 52.21 or under regulations approved 
pursuant to 40 CFR part 51, subpart I, including operating permits 
issued under an EPA-approved program that is incorporated into the State 
implementation plan and expressly requires adherence to any permit 
issued under such program.
    (13)(i) Actual emissions means the actual rate of emissions of a 
pollutant from an emissions unit, as determined in accordance with 
paragraphs (f) (ii) through (iv) of this section.
    (ii) In general, actual emissions as of a particular date shall 
equal the average rate, in tons per year, at which the unit actually 
emitted the pollutant during a two-year period which precedes the 
particular date and which is representative of normal source operation. 
The Administrator shall allow the use of a different time period upon a 
determination that it is more representative of normal source operation. 
Actual emissions shall be calculated using the unit's actual operating 
hours, production rates, and types of materials processed, stored, or 
combusted during the selected time period.

[[Page 44]]

    (iii) The Administrator may presume that source-specific allowable 
emissions for the unit are equivalent to the actual emissions of the 
unit.
    (iv) For any emissions unit (other than an electric utility steam 
generating unit specified in paragraph (f)(13)(v) of this section) which 
has not begun normal operations on the particular date, actual emissions 
shall equal the potential to emit of the unit on that date.
    (v) For an electric utility steam generating unit (other than a new 
unit or the replacement of an existing unit) actual emissions of the 
unit following the physical or operational change shall equal the 
representative actual annual emissions of the unit, provided the source 
owner or operator maintains and submits to the Administrator, on an 
annual basis for a period of 5 years from the date the unit resumes 
regular operation, information demonstrating that the physical or 
operational change did not result in an emissions increase. A longer 
period, not to exceed 10 years, may be required by the Administrator if 
he determines such a period to be more representative of normal source 
post-change operations.
    (14) Construction means any physical change or change in the method 
of operation (including fabrication, erection, installation, demolition, 
or modification) of an emissions unit which would result in a change in 
actual emissions.
    (15) Commence as applied to construction of a major stationary 
source or major modification means that the owner or operator has all 
necessary preconstruction approvals or permits and either has:
    (i) Begun, or caused to begin, a continuous program of actual on-
site construction of the source, to be completed within a reasonable 
time; or
    (ii) Entered into binding agreements or contractual obligations, 
which cannot be cancelled or modified without substantial loss to the 
owner or operator, to undertake a program of actual construction of the 
source to be completed within a reasonable time.
    (16) Necessary preconstruction approvals or permits means those 
permits or approvals required under federal air quality control laws and 
regulations and those air quality control laws and regulations which are 
part of the applicable State Implementation Plan.
    (17) Begin actual construction means, in general, initiation of 
physical on-site construction activities on an emissions unit which are 
of a permanent nature. Such activities include, but are not limited to, 
installation of building supports and foundations, laying of underground 
pipework, and construction of permanent storage structures. With respect 
to a change in method of operations, this term refers to those on-site 
activities other than preparatory activities which mark the initiation 
of change.
    (18) Volatile organic compounds (VOC) is as defined in 
Sec. 51.100(s) of this chapter.
    (19) Electric utility steam generating unit means any steam electric 
generating unit that is constructed for the purpose of supplying more 
than one-third of its potential electric output capacity and more than 
25 MW electrical output to any utility power distribution system for 
sale. Any steam supplied to a steam distribution system for the purpose 
of providing steam to a steam-electric generator that would produce 
electrical energy for sale is also considered in determining the 
electrical energy output capacity of the affected facility.
    (20) Representative actual annual emissions means the average rate, 
in tons per year, at which the source is projected to emit a pollutant 
for the two-year period after a physical change or change in the method 
of operation of a unit, (or a different consecutive two-year period 
within 10 years after that change, where the Administrator determines 
that such period is more representative of normal source operations), 
considering the effect any such change will have on increasing or 
decreasing the hourly emissions rate and on projected capacity 
utilization. In projecting future emissions the Administrator shall:
    (i) Consider-all relevant information, including but not limited to, 
historical operational data, the company's own representations, filings 
with the State or Federal regulatory authorities, and compliance plans 
under title IV of the Clean Air Act; and

[[Page 45]]

    (ii) Exclude, in calculating any increase in emissions that results 
from the particular physical change or change in the method of operation 
at an electric utility steam generating unit, that portion of the unit's 
emissions following the change that could have been accommodated during 
the representative baseline period and is attributable to an increase in 
projected capacity utilization at the unit that is unrelated to the 
particular change, including any increased utilization due to the rate 
of electricity demand growth for the utility system as a whole.
    (21) Temporary clean coal technology demonstration project means a 
clean coal technology demonstration project that is operated for a 
period of 5 years or less, and which complies with the State 
implementation plans for the State in which the project is located and 
other requirements necessary to attain and maintain the national ambient 
air quality standards during the project and after it is terminated.
    (22) Clean coal technology means any technology, including 
technologies applied at the precombustion, combustion, or post 
combustion stage, at a new or existing facility which will achieve 
significant reductions in air emissions of sulfur dioxide or oxides of 
nitrogen associated with the utilization of coal in the generation of 
electricity, or process steam which was not in widespread use as of 
November 15, 1990.
    (23) Clean coal technology demonstration project means a project 
using funds appropriated under the heading `Department of Energy-Clean 
Coal Technology', up to a total amount of $2,500,000,000 for commercial 
demonstration of clean coal technology, or similar projects funded 
through appropriations for the Environmental Protection Agency. The 
Federal contribution for a qualifying project shall be at least 20 
percent of the total cost of the demonstration project.
    (24) Pollution control project means any activity or project 
undertaken at an existing electric utility steam generating unit for 
purposes of reducing emissions from such unit. Such activities or 
projects are limited to:
    (i) The installation of conventional or innovative pollution control 
technology, including but not limited to advanced flue gas 
desulfurization, sorbent injection for sulfur dioxide and nitrogen 
oxides controls and electrostatic precipitators;
    (ii) An activity or project to accommodate switching to a fuel which 
is less polluting than the fuel in use prior to the activity or project 
including, but not limited to natural gas or coal re-burning, co-firing 
of natural gas and other fuels for the purpose of controlling emissions;
    (iii) A permanent clean coal technology demonstration project 
conducted under title II, section 101(d) of the Further Continuing 
Appropriations Act of 1985 (section 5903(d) of title 42 of the United 
States Code), or subsequent appropriations, up to a total amount of 
$2,500,000,000 for commercial demonstration of clean coal technology, or 
similar projects funded through appropriations for the Environmental 
Protection Agency; or
    (iv) A permanent clean coal technology demonstration project that 
constitutes a repowering project.
    (g) This section shall not apply to a major stationary source or 
major modification if the source or modification was not subject to 40 
CFR part 51 Appendix S, as in effect on January 16, 1979, and the owner 
or operator:
    (1) Obtained all final Federal, state, and local preconstruction 
approvals or permits necessary under the applicable State Implementation 
Plan before August 7, 1980;
    (2) Commenced construction within 18 months from August 7, 1980, or 
any earlier time required under the applicable State Implementation 
Plan; and
    (3) Did not discontinue construction for a period of 18 months or 
more and completed construction within a reasonable time.
    (h) This section shall not apply to a source or modification that 
would be a major stationary source or major modification only if 
fugitive emissions, to the extent quantifiable, are considered in 
calculating the potential to emit of the stationary source or 
modification and the source does not belong to any of the following 
categories:

[[Page 46]]

    (1) Coal cleaning plants (with thermal dryers);
    (2) Kraft pulp mills;
    (3) Portland cement plants;
    (4) Primary zinc smelters;
    (5) Iron and steel mills;
    (6) Primary aluminum ore reduction plants;
    (7) Primary copper smelters;
    (8) Municipal incinerators capable of charging more than 250 tons of 
refuse per day;
    (9) Hydrofluoric, sulfuric, or nitric acid plants;
    (10) Petroleum refineries;
    (11) Lime plants;
    (12) Phosphate rock processing plants;
    (13) Coke oven batteries;
    (14) Sulfur recovery plants;
    (15) Carbon black plants (furnace process);
    (16) Primary lead smelters;
    (17) Fuel conversion plants;
    (18) Sintering plants;
    (19) Secondary metal production plants;
    (20) Chemical process plants;
    (21) Fossil-fuel boilers (or combination thereof) totaling more than 
250 million British thermal units per hour heat input;
    (22) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (23) Taconite ore processing plants;
    (24) Glass fiber processing plants;
    (25) Charcoal production plants;
    (26) Fossil fuel-fired steam electric plants of more than 250 
million British thermal units per hour heat input;
    (27) Any other stationary source category which, as of August 7, 
1980, is being regulated under section 111 or 112 of the Act.
    (i) At such time that a particular source or modification becomes a 
major stationary source or major modification solely by virtue of a 
relaxation in any enforceable limitation which was established after 
August 7, 1980, on the capacity of the source or modification otherwise 
to emit a pollutant, such as a restriction on hours of operation, then:
    (1) If the construction moratorium imposed pursuant to this section 
is still in effect for the nonattainment area in which the source or 
modification is located, then the permit may not be so revised; or
    (2) If the construction moratorium is no longer in effect in that 
area, then the requirements of 40 CFR 51.165(a) shall apply to the 
source or modification as though construction had not yet commenced on 
the source or modification.
    (j) This section does not apply to major stationary sources or major 
modifications locating in a clearly defined part of a nonattainment area 
(such as a political subdivision of a State), where EPA finds that a 
plan which meets the requirements of Part D is in effect and is being 
implemented in that part.
    (k) For an area designated as nonattainment after July 1, 1979, the 
restrictions in paragraphs (a) and (b) of this section shall not apply 
prior to eighteen months after the date the area is designated as 
nonattainment. The Offset Ruling shall govern permits to construct and 
operate applied for during the period between the date of designation as 
nonattainment and either the date the Part D plan is approved or the 
date the restrictions in paragraphs (a) and (b) of this section apply, 
whichever is earlier.

[44 FR 38473, July 2, 1979]

    Editorial Note: For Federal Register citations affecting Sec. 52.24, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.



Sec. 52.26  Visibility monitoring strategy.

    (a) Plan Disapprovals. The provisions of this section are applicable 
to any State implementation plan which has been disapproved with respect 
to visibility monitoring. Specific disapprovals are listed where 
applicable in Subparts B through DD of this part. The provisions of this 
section have been incorporated by reference into the applicable 
implementation plan for various States, as provided in Subparts B 
through DDD of this part.
    (b) Definitions. For the purposes of this section:
    (1) Visibility protection area means any area listed in 40 CFR 
81.401-81.436 (1984).
    (2) All other terms shall have the meaning ascribed to them in the 
Clean

[[Page 47]]

Air Act, or in the protection of visibility program (40 CFR 51.301), all 
as in effect on July 12, 1985.
    (c) Monitoring Requirements. (1) The Administrator, in cooperation 
with the appropriate Federal land manager, shall monitor visibility 
within each visibility protection area in any State whose State 
implementation plan is subject to a disapproval for failure to satisfy 
40 CFR 51.305 (1984).
    (2) The Administrator, in monitoring visibility within each such 
area, shall determine both background visibility conditions and 
reasonably attributable visibility impairment caused by a source or 
small group of sources for that area. The extent and the form of 
monitoring shall be sufficient for use in determining the potential 
effects of a new stationary source on visibility in the area, the 
stationary source or sources that are causing any visibility impairment, 
and progress toward remedying that impairment.
    (3) The Administrator shall use the following as appropriate to 
monitor visibility within each such area: (i) photographic cameras, (ii) 
fine particulate matter samplers, (iii) teleradiometers, (iv) 
nephelometers, (v) human observation, or (vi) other appropriate 
technology.
    (4) The Administrator, in cooperation with the Federal land 
managers, shall prepare monitoring plans that describe, to the maximum 
extent practicable, the methods and instruments of data collection, the 
monitoring locations and frequencies, the implementation schedule, the 
quality assurance procedures, and the methods of data reporting that the 
Administrator will use for each area. The Administrator shall make these 
plans available to the public.
    (5) The Administrator shall establish a central repository of 
monitoring data that includes any data on background visibility 
conditions and reasonably attributable impairment that the Administrator 
collects under this section and that the Federal land manager may 
collect or may have collected independently. These data shall be 
available to any person, subject to reasonable charges for copying.
    (d) Monitoring Plan Revision. (1) The Administrator shall review the 
monitoring plan annually for each visibility protection area, revise it 
as necessary, and include an assessment of changes to visibility 
conditions since the last review. The Administrator shall make all plan 
revisions available to the public.
    (2) Any person may make a request to the Administrator, at any time, 
for a revision to a monitoring plan. The Administrator shall respond to 
any such request within one year.
    (e) Delegation. The Administrator may delegate, with respect to a 
particular visibility protection area, any of his functions under this 
section to any State or local air pollution control agency of any State 
whose boundaries encompass that area or to any Federal land manager with 
jurisdiction over the area.

[50 FR 28550, July 12, 1985]



Sec. 52.27  Protection of visibility from sources in attainment areas.

    (a) Plan disapproval. The provisions of this section are applicable 
to any State implementation plan which has been disapproved with respect 
to protection of visibility, in mandatory Class I Federal areas, from 
sources emitting pollutants in any portion of any State where the 
existing air quality is better than the national ambient air quality 
standards for such pollutants, and where a State PSD program has been 
approved as part of the applicable SIP pursuant to 40 CFR 51.24. 
Specific disapprovals are listed where applicable in Subparts B through 
DDD of this part. The provisions of this section have been incorporated 
by reference into the applicable implementation plans for various 
States, as provided in Subparts B through DDD of this part.
    (b) Definitions. For purposes of this section, all terms shall have 
the meaning ascribed to them in the Clean Air Act, in the prevention of 
significant deterioration (PSD) program approved as part of the 
applicable SIP pursuant to 40 CFR 51.24 for the State, or in the 
protection of visibility program (40 CFR 51.301), all as in effect on 
July 12, 1985.
    (c) Federal visibility analysis. Any person shall have the right, in 
connection with any application for a permit to construct a major 
stationary source or

[[Page 48]]

major modification, to request that the administrator take 
responsibility from the State for conducting the required review of a 
proposed source's impact on visibility in any Fedral Class I area. If 
requested, the Administrator shall take such responsibility and conduct 
such review pursuant to paragraphs (e), (f) and (g) of this section in 
any case where the State fails to provide all of the procedural steps 
listed in paragraph (d) of this section. A request pursuant to this 
paragraph must be made within 60 days of the notice soliciting public 
comment on a permit, unless such notice is not properly given. The 
Administrator will not entertain requests challenging the substance of 
any State action concerning visibility where the State has provided all 
of the procedural steps listed in paragraph (d) of this section.
    (d) Procedural steps in visibility review. (1) The reviewing 
authority must provide written notification to all affected Federal land 
managers of any permit application for any proposed new major stationary 
source or major modification that may affect visibility in any Federal 
Class I area. Such notification shall include a copy of all information 
relevant to the permit application and shall be given within 30 days of 
receipt and at least 60 days prior to any public hearing on the 
application for a permit to construct. Such notification shall include 
the proposed source's anticipated impacts on visibility in any Federal 
Class I area as provided by the applicant. Notification must also be 
given to all affected Federal land managers within 30 days of receipt of 
any advance notification of any such permit application.
    (2) The reviewing authority must consider any analysis performed by 
the Federal land managers, provided within 30 days of the notification 
required by paragraph (d)(1) of this section, that shows that such 
proposed new major stationary source or major modification may have:
    (i) An adverse impact on visibility in any Federal Class I area, or
    (ii) An adverse impact on visibility in an integral vista codified 
in part 81 of this title.
    (3) Where the reviewing authority finds that such an analysis does 
not demonstrate that the effect in paragraphs (d)(2) (i) or (ii) of this 
section will occur, either an explanation of its decision or 
notification as to where the explanation can be obtained must be 
included in the notice of public hearing.
    (4) Where the reviewing authority finds that such an analysis does 
demonstrate that the effect in paragraph (d)(2)(i) of this section will 
occur, the permit shall not be issued.
    (5) Where the reviewing authority finds that such an analysis does 
demonstrate that the effect in paragraph (d)(2)(ii) of this section will 
occur, the reviewing authority may issue a permit if the emissions from 
the source or modification will be consistent with reasonable progress 
toward the national goal. In making this decision, the reviewing 
authority may take into account the costs of compliance, the time 
necessary for compliance, the energy and nonair quality environmental 
impacts of compliance, and the useful life of the source.
    (e) Federal land manager notification. The Administrator shall 
provide all of the procedural steps listed in paragraph (d) of this 
section in conducting reviews pursuant to this section.
    (f) Monitoring. The Administrator may require monitoring of 
visibility in any Federal Class I area near the proposed new stationary 
source or major modification for such purposes and by such means as the 
Administrator deems necessary and appropriate.
    (g) Public participation. The Administrator shall follow the 
applicable procedures at 40 CFR part 124 in conducting reviews under 
this section. The Administrator shall follow the procedures at 40 CFR 
52.21(q) as in effect on August 7, 1980, to the extent that the 
procedures of 40 CFR part 124 do not apply.
    (h) Federal permit. In any case where the Administrator has made a 
finding that a State consistently fails or is unable to provide the 
procedural steps listed in paragraph (d) of this section, the 
Administrator shall require all prospective permit applicants in such 
State to apply directly to the Administrator, and the Administrator 
shall

[[Page 49]]

conduct a visibility review pursuant to this section for all permit 
applications.

[50 FR 28551, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.28  Protection of visibility from sources in nonattainment areas.

    (a) Plan disapproval. The provisions of this section are applicable 
to any State implementation plan which has been disapproved with respect 
to protection of visibility, in mandatory Class I Federal areas where 
visibility is considered an important value, from sources emitting 
pollutants in any portion of any State where the existing air quality is 
not in compliance with the national ambient air quality standards for 
such pollutants. Specific disapprovals are listed where applicable in 
Subparts B through DDD of this part. The provisions of this section have 
been incorporated into the applicable implementation plans for various 
States, as provided in Subparts B through DDD of this part.
    (b) Definitions. For the purposes of this section:
    (1) Visibility protection area means any area listed in 40 CFR 
81.401-81.436 (1984).
    (2) All other terms shall have the meaning ascribed to them in the 
protection of visibility program (40 CFR 51.301) or the prevention of 
significant deterioration (PSD) program either approved as part of the 
applicable SIP pursuant to 40 CFR 51.24 or in effect for the applicable 
SIP pursuant to 40 CFR 52.21, all as in effect on July 12, 1985.
    (c) Review of major stationary sources and major modifications--
source applicability and exemptions. (1) No stationary source or 
modification to which the requirements of this section apply shall begin 
actual construction without a permit which states that the stationary 
source or modification would meet those requirements. The Administrator 
has sole authority to issue any such permit unless the authority has 
been delegated pursuant to paragraph (i) of this section.
    (2) The requirements of this section shall apply to construction of 
any new major stationary source or major modification that would both be 
constructed in an area classified as nonattainment under section 
107(d)(1)(A), (B) or (C) of the Clean Air Act and potentially have an 
impact on visibility in any visibility proctection area.
    (3) The requirements of this section shall apply to any such major 
stationary source and any such major modification with respect to each 
pollutant subject to regulation under the Clean Air Act that it would 
emit, except as this section otherwise provides.
    (4) The requirements of this section shall not apply to a particular 
major stationary source or major modification, if:
    (i) The source or modification would be a nonprofit health or 
nonprofit educational institution, or a major modification would occur 
at such an institution, and the governor of the State in which the 
source or modification would be located requests that it be exempt from 
those requirements; or
    (ii) The source or modification would be a major stationary source 
or major modification only if fugitive emissions, to the extent 
quantifiable, are considered in calculating the potential to emit of the 
stationary source or modification and the source does not belong to any 
of the following categories:
    (A) Coal cleaning plants (with thermal dryers);
    (B) Kraft pulp mills;
    (C) Portland cement plants;
    (D) Primary zinc smelters;
    (E) Iron and steel mills;
    (F) Primary aluminum ore reduction plants;
    (G) Primary copper smelters;
    (H) Municipal incinerators capable of charging more than 250 tons of 
refuse per day;
    (I) Hydrofluoric, sulfuric, or nitric acid plants;
    (J) Petroleum refineries;
    (K) Lime plants;
    (L) Phosphate rock processing plants;
    (M) Coke oven batteries;
    (N) Sulfur recovery plants;
    (O) Carbon black plants (furnace process);
    (P) Primary lead smelters;
    (Q) Fuel conversion plants;
    (R) Sintering plants;
    (S) Secondary metal production plants;
    (T) Chemical process plants;
    (U) Fossil-fuel boiler (or combination thereof) totaling more than 
250 million

[[Page 50]]

British thermal units per hour heat input;
    (V) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (W) Taconite ore processing plants;
    (X) Glass fiber processing plants;
    (Y) Charcoal production plants;
    (Z) Fossil fuel-fired steam electric plants of more than 250 million 
British thermal units per hour heat input;
    (AA) Any other stationary source category which, as of August 7, 
1980, is being regulated under section 111 or 112 of the Act; or
    (iii) The source is a portable stationary source which has 
previously received a permit under this section, and
    (A) The owner or operator proposes to relocate the source and 
emissions of the source at the new location would be temporary; and
    (B) The emissions from the source would not exceed its allowable 
emissions; and
    (C) The emissions from the source would impact no Class I area and 
no area where an applicable increment is known to be violated; and
    (D) Reasonable notice is given to the Administrator, prior to the 
relocation, identifying the proposed new location and the probable 
duration of operation at the new location. Such notice shall be given to 
the Administrator not less than 10 days in advance of the proposed 
relocation, unless a different time duration is previously approved by 
the Administrator.
    (5) The requirements of this section shall not apply to a major 
stationary source or major modification with respect to a particular 
pollutant if the owner or operator demonstrates that, as to that 
pollutant, the source or modification is located in an area designated 
as attainment under section 107 of the Clean Air Act.
    (6) The requirements of this section shall not apply to a major 
stationary source or major modification with respect to a particular 
pollutant, if the allowable emissions of that pollutant from the source, 
or the net emissions increase of that pollutant from the modification:
    (i) Would impact no Class I area and no area where an applicable 
increment is known to be violated, and
    (ii) Would be temporary.
    (d) Visibility Impact Analyses. The owner or operator of a source 
shall provide an analysis of the impairment to visibility that would 
occur as a result of the source or modification and general commercial, 
residential, industrial and other growth associated with the source or 
modification.
    (e) Federal land manager notification. (1) The Federal land manager 
and the Federal official charged with direct responsibility for 
management of Federal Class I areas have an affirmative responsibility 
to protect the air quality related values (including visibility) of such 
lands and to consider, in consultation with the Administrator, whether a 
proposed source or modification will have an adverse impact on such 
values.
    (2) The Administrator shall provide written notification to all 
affected Federal land managers of any permit application for any 
proposed new major stationary source or major modification that may 
affect visibility in any visibility protection area.The Administrator 
shall also provide for such notification to the Federal official charged 
with direct responsibility for management of any lands within any such 
area. Such notification shall include a copy of all information relevant 
to the permit application and shall be given within 30 days of receipt 
and at least 60 days prior to any public hearing on the application for 
a permit to construct. Such notification shall include an analysis of 
the proposed source's anticipated impacts on visibility in any 
visibility protection area. The Administrator shall also notify all 
affected FLM's within 30 days of receipt of any advance notification of 
any such permit application.
    (3) The Administrator shall consider any analysis performed by the 
Federal land manager, provided within 30 days of the notification 
required by paragraph (e)(2) of this section, that such proposed new 
major stationary source or major modification may have an adverse impact 
on visibility in any visibility protection area. Where the Administrator 
finds that such an analysis does not demonstrate to the satisfaction of 
the Administrator that an adverse impact on visibility will result in

[[Page 51]]

the visibility protection area, the Administrator must, in the notice of 
public hearing, either explain his decision or give notice as to where 
the explanation can be obtained.
    (f) Public participation. The Administrator shall follow the 
applicable procedures of 40 CFR part 124 in processing applications 
under this section. The Administrator shall follow the procedures at 40 
CFR 52.21(q) as in effect on August 7, 1980, to the extent that the 
procedures of 40 CFR part 124 do not apply.
    (g) National visibility goal. The Administrator shall only issue 
permits to those sources whose emissions will be consistent with making 
reasonable progress toward the national goal of preventing any future, 
and remedying any existing, impairment of visibility in visibility 
protection areas which impairment results from man-made air pollution. 
In making the decision to issue a permit, the Administrator may take 
into account the costs of compliance, the time necessary for compliance, 
the energy and nonair quality environmental impacts of compliance, and 
the useful life of the source.
    (h) Monitoring. The Administrator may require monitoring of 
visibility in any visibility protection area near the proposed new 
stationary source or major modification for such purposes and by such 
means as the Administrator deems necessary and appropriate.
    (i) Delegation of authority. (1) The Administrator shall have the 
authority to delegate the responsibility for conducting source review 
pursuant to this section to any agency in accordance with paragraphs 
(i)(2) and (3) of this section.
    (2) Where the Administrator delegates the responsibility for 
conducting source review under this section to any agency other than a 
Regional Office of the Environmental Protection Agency, the following 
provisions shall apply:
    (i) Where the delegate agency is not an air pollution control agency 
it shall consult with the appropriate State and local air pollution 
control agency prior to making any determination under this section. 
Similarly, where the delegate agency does not have continuing 
responsibility for managing land use, it shall consult with the 
appropriate State and local agency primarily responsible for managing 
land use prior to making any determination under this section.
    (ii) The delegate agency shall submit a copy of any public comment 
notice required under paragraph (f) of this section to the Administrator 
through the appropriate Regional Office.
    (3) The Administrator's authority for reviewing a source or 
modification located on an Indian Reservation shall not be redelegated 
other than to a Regional Office of the Environmental Protection Agency, 
except where the State has assumed jurisdiction over such land under 
other laws. Where the State has assumed such jurisdiction, the 
Administrator may delegate his authority to the States in accordance 
with paragraph (i)(2) of this section.

[50 FR 28551, July 12, 1985]



Sec. 52.29  Visibility long-term strategies.

    (a) Plan disapprovals. The provisions of this section are applicable 
to any State implementation plan which has been disapproved for not 
meeting the requirements of 40 CFR 51.306 regarding the development, 
periodic review, and revision of visibility long-term strategies. 
Specific disapprovals are listed where applicable in Subparts B through 
DDD of this part. The provisions of this section have been incorporated 
into the applicable implementation plan for various States, as provided 
in Subparts B through DDD of this part.
    (b) Definitions. For the purposes of this section, all terms shall 
have the meaning as ascribed to them in the Clean Air Act, or in the 
protection of visibility program (40 CFR 51.301).
    (c) Long-term strategy. (1) A long-term strategy is a 10- to 15-year 
plan for making reasonable progress toward the national goal specified 
in Sec. 51.300(a). This strategy will cover any existing impairment 
certified by the Federal land manager and any integral vista which has 
been identified according to Sec. 51.304.
    (2) The Administrator shall review, and revise if appropriate, the 
long-term strategies developed for each visibility protection area. The 
review and revisions will be completed no less frequently than every 3 
years from November 24, 1987.

[[Page 52]]

    (3) During the long-term strategy review process, the Administrator 
shall consult with the Federal land managers responsible for the 
appropriate mandatory Class I Federal areas, and will coordinate long-
term strategy development for an area with existing plans and goals, 
including those provided by the Federal land managers.
    (4) The Administrator shall prepare a report on any progress made 
toward the national visibility goal since the last long-term strategy 
revisions. A report will be made available to the public not less 
frequently than 3 years from November 24, 1987. This report must include 
an assessment of:
    (i) The progress achieved in remedying existing impairment of 
visibility in any mandatory Class I Federal area;
    (ii) The ability of the long-term strategy to prevent future 
impairment of visibility in any mandatory Class I Federal area;
    (iii) Any change in visibility since the last such report, or in the 
case of the first report, since plan approval;
    (iv) Additional measures, including the need for SIP revisions, that 
may be necessary to assure reasonable progress toward the national 
visibility goal;
    (v) The progress achieved in implementing best available retrofit 
technology (BART) and meeting other schedules set forth in the long-term 
strategy;
    (vi) The impact of any exemption granted under Sec. 51.303;
    (vii) The need for BART to remedy existing visibility impairment of 
any integral vista identified pursuant to Sec. 51.304.
    (d) Delegation of authority. The Administrator may delegate with 
respect to a particular visibility protection area any of his functions 
under this section, except the making of regulations, to any State or 
local air pollution control agency of any State whose boundaries 
encompass that area.

[52 FR 45137, Nov. 24, 1987]



Sec. 52.30  Criteria for limiting application of sanctions under section 110(m) of the Clean Air Act on a statewide basis.

    (a) Definitions. For the purpose of this section:
    (1) The term ``political subdivision'' refers to the representative 
body that is responsible for adopting and/or implementing air pollution 
controls for one, or any combination of one or more of the following: 
city, town, borough, county, parish, district, or any other geographical 
subdivision created by, or pursuant to, Federal or State law. This will 
include any agency designated under section 174, 42 U.S.C. 7504, by the 
State to carry out the air planning responsibilities under part D.
    (2) The term ``required activity'' means the submission of a plan or 
plan item, or the implementation of a plan or plan item.
    (3) The term ``deficiency'' means the failure to perform a required 
activity as defined in paragraph (a)(2) of this section.
    (4) For purposes of Sec. 52.30, the terms ``plan'' or ``plan item'' 
mean an implementation plan or portion of an implementation plan or 
action needed to prepare such plan required by the Clean Air Act, as 
amended in 1990, or in response to a SIP call issued pursuant to section 
110(k)(5) of the Act.
    (b) Sanctions. During the 24 months after a finding, determination, 
or disapproval under section 179(a) of the Clean Air Act is made, EPA 
will not impose sanctions under section 110(m) of the Act on a statewide 
basis if the Administrator finds that one or more political subdivisions 
of the State are principally responsible for the deficiency on which the 
finding, disapproval, or determination as provided under section 
179(a)(1) through (4) is based.
    (c) Criteria. For the purposes of this provision, EPA will consider 
a political subdivision to be principally responsible for the deficiency 
on which a section 179(a) finding is based, if all five of the following 
criteria are met.
    (1) The State has provided adequate legal authority to a political 
subdivision to perform the required activity.
    (2) The required activity is one which has traditionally been 
performed by the local political subdivision, or the responsibility for 
performing the required activity has been delegated to the political 
subdivision.
    (3) The State has provided adequate funding or authority to obtain 
funding

[[Page 53]]

(when funding is necessary to carry out the required activity) to the 
political subdivision to perform the required activity.
    (4) The political subdivision has agreed to perform (and has not 
revoked that agreement), or is required by State law to accept 
responsibility for performing, the required activity.
    (5) The political subdivision has failed to perform the required 
activity.
    (d) Imposition of sanctions. (1) If all of the criteria in paragraph 
(c) of this section have been met through the action or inaction of one 
political subdivision, EPA will not impose sanctions on a statewide 
basis.
    (2) If not all of the criteria in paragraph (c) of this section have 
been met through the action or inaction of one political subdivision, 
EPA will determine the area for which it is reasonable and appropriate 
to apply sanctions.

[59 FR 1484, Jan. 11, 1994]



Sec. 52.31  Selection of sequence of mandatory sanctions for findings made pursuant to section 179 of the Clean Air Act.

    (a) Purpose. The purpose of this section is to implement 42 U.S.C. 
7509(a) of the Act, with respect to the sequence in which sanctions will 
automatically apply under 42 U.S.C. 7509(b), following a finding made by 
the Administrator pursuant to 42 U.S.C. 7509(a).
    (b) Definitions. All terms used in this section, but not 
specifically defined herein, shall have the meaning given them in 
Sec. 52.01.
    (1) 1990 Amendments means the 1990 Amendments to the Clean Air Act 
(Pub. L. No. 101-549, 104 Stat. 2399).
    (2) Act means Clean Air Act, as amended in 1990 (42 U.S.C. 7401 et 
seq. (1991)).
    (3) Affected area means the geographic area subject to or covered by 
the Act requirement that is the subject of the finding and either, for 
purposes of the offset sanction under paragraph (e)(1) of this section 
and the highway sanction under paragraph (e)(2) of this section, is or 
is within an area designated nonattainment under 42 U.S.C. 7407(d) or, 
for purposes of the offset sanction under paragraph (e)(1) of this 
section, is or is within an area otherwise subject to the emission 
offset requirements of 42 U.S.C. 7503.
    (4) Criteria pollutant means a pollutant for which the Administrator 
has promulgated a national ambient air quality standard pursuant to 42 
U.S.C. 7409 (i.e., ozone, lead, sulfur dioxide, particulate matter, 
carbon monoxide, nitrogen dioxide).
    (5) Findings or Finding refer(s) to one or more of the findings, 
disapprovals, and determinations described in subsection 52.31 (c).
    (6) NAAQS means national ambient air quality standard the 
Administrator has promulgated pursuant to 42 U.S.C. 7409.
    (7) Ozone precursors mean nitrogen oxides (NOx) and volatile 
organic compounds (VOC).
    (8) Part D means part D of title I of the Act.
    (9) Part D SIP or SIP revision or plan means a State implementation 
plan or plan revision that States are required to submit or revise 
pursuant to part D.
    (10) Precursor means pollutant which is transformed in the 
atmosphere (later in time and space from point of emission) to form (or 
contribute to the formation of) a criteria pollutant.
    (c) Applicability. This section shall apply to any State in which an 
affected area is located and for which the Administrator has made one of 
the following findings, with respect to any part D SIP or SIP revision 
required under the Act:
    (1) A finding that a State has failed, for an area designated 
nonattainment under 42 U.S.C. 7407(d), to submit a plan, or to submit 
one or more of the elements (as determined by the Administrator) 
required by the provisions of the Act applicable to such an area, or has 
failed to make a submission for such an area that satisfies the minimum 
criteria established in relation to any such element under 42 U.S.C. 
7410(k);
    (2) A disapproval of a submission under 42 U.S.C. 7410(k), for an 
area designated nonattainment under 42 U.S.C. 7407(d), based on the 
submission's failure to meet one or more of the elements required by the 
provisions of the Act applicable to such an area;

[[Page 54]]

    (3)(i) A determination that a State has failed to make any 
submission required under the Act, other than one described under 
paragraph (c)(1) or (c)(2) of this section, including an adequate 
maintenance plan, or has failed to make any submission, required under 
the Act, other than one described under paragraph (c)(1) or (c)(2) of 
this section, that satisfies the minimum criteria established in 
relation to such submission under 42 U.S.C. 7410(k)(1)(A); or
    (ii) A disapproval in whole or in part of a submission described 
under paragraph (c)(3)(i) of this section; or
    (4) A finding that any requirement of an approved plan (or approved 
part of a plan) is not being implemented.
    (d) Sanction application sequencing. (1) To implement 42 U.S.C. 
7509(a), the offset sanction under paragraph (e)(1) of this section 
shall apply in an affected area 18 months from the date when the 
Administrator makes a finding under paragraph (c) of this section unless 
the Administrator affirmatively determines that the deficiency forming 
the basis of the finding has been corrected. To further implement 42 
U.S.C. 7509(a), the highway sanction under paragraph (e)(2) of this 
section shall apply in an affected area 6 months from the date the 
offset sanction under paragraph (e)(1) of this section applies, unless 
the Administrator affirmatively determines that the deficiency forming 
the basis of the finding has been corrected. For the findings under 
paragraphs (c)(2), (c)(3)(ii), and (c)(4) of this section, the date of 
the finding shall be the effective date as defined in the final action 
triggering the sanctions clock.
    (2)(i) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following the findings under paragraphs 
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a 
revised plan to correct the deficiency prompting the finding and the 
Administrator, prior to 18 months from the finding, has proposed to 
fully or conditionally approve the revised plan and has issued an 
interim final determination that the revised plan corrects the 
deficiency prompting the finding, application of the offset sanction 
under paragraph (e)(1) of this section shall be deferred unless and 
until the Administrator proposes to or takes final action to disapprove 
the plan in whole or in part. If the Administrator issues such a 
proposed or final disapproval of the plan, the offset sanction under 
paragraph (e)(1) of this section shall apply in the affected area on the 
later of the date the Administrator issues such a proposed or final 
disapproval, or 18 months following the finding that started the 
sanctions clock. The highway sanction under paragraph (e)(2) of this 
section shall apply in the affected area 6 months after the date the 
offset sanction under paragraph (e)(1) of this section applies, unless 
the Administrator determines that the deficiency forming the basis of 
the finding has been corrected.
    (ii) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following the findings under paragraphs 
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a 
revised plan to correct the deficiency prompting the finding and after 
18 but before 24 months from the finding the Administrator has proposed 
to fully or conditionally approve the revised plan and has issued an 
interim final determination that the revised plan corrects the 
deficiency prompting the finding, application of the offset sanction 
under paragraph (e)(1) of this section shall be stayed and application 
of the highway sanction under paragraph (e)(2) of this section shall be 
deferred unless and until the Administrator proposes to or takes final 
action to disapprove the plan in whole or in part. If the Administrator 
issues such a proposed or final disapproval of the plan, the offset 
sanction under paragraph (e)(1) of this section shall reapply in the 
affected area on the date the Administrator issues such a proposed or 
final disapproval. The highway sanction under paragraph (e)(2) of this 
section shall apply in the affected area on the later of 6 months from 
the date the offset sanction under paragraph (e)(1) of this section 
first applied in the affected area, unless the Administrator determines 
that the deficiency forming the basis of the finding has been corrected, 
or immediately if the proposed or final disapproval occurs more than 6 
months after initial

[[Page 55]]

application of the offset sanction under paragraph (e)(1) of this 
section.
    (iii) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following the findings under paragraphs 
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a 
revised plan to correct the deficiency prompting the finding and more 
than 24 months after the finding the Administrator has proposed to fully 
or conditionally approve the revised plan and has issued an interim 
final determination that the revised plan corrects the deficiency 
prompting the finding, application of the offset sanction under 
paragraph (e)(1) of this section and application of the highway sanction 
under paragraph (e)(2) of this section shall be stayed unless and until 
the Administrator proposes to or takes final action to disapprove the 
plan in whole or in part. If the Administrator issues such a proposed or 
final disapproval, the offset sanction under paragraph (e)(1) of this 
section and the highway sanction under paragraph (e)(2) of this section 
shall reapply in the affected area on the date the Administrator issues 
such proposed or final disapproval.
    (3)(i) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following the findings under paragraphs 
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a 
revised plan to correct the deficiency prompting the finding and the 
Administrator, prior to 18 months from the finding, has conditionally-
approved the revised plan and has issued an interim final determination 
that the revised plan corrects the deficiency prompting the finding, 
application of the offset sanction under paragraph (e)(1) of this 
section shall be deferred unless and until the conditional approval 
converts to a disapproval or the Administrator proposes to or takes 
final action to disapprove in whole or in part the revised SIP the State 
submits to fulfill the commitment in the conditionally-approved plan. If 
the conditional approval so becomes a disapproval or the Administrator 
issues such a proposed or final disapproval, the offset sanction under 
paragraph (e)(1) of this section shall apply in the affected area on the 
later of the date the approval becomes a disapproval or the 
Administrator issues such a proposed or final disapproval, whichever is 
applicable, or 18 months following the finding that started the 
sanctions clock. The highway sanction under paragraph (e)(2) of this 
section shall apply in the affected area 6 months after the date the 
offset sanction under paragraph (e)(1) of this section applies, unless 
the Administrator determines that the deficiency forming the basis of 
the finding has been corrected.
    (ii) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following the findings under paragraphs 
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a 
revised plan to correct the deficiency prompting the finding and after 
18 but before 24 months from the finding the Administrator has 
conditionally approved the revised plan and has issued an interim final 
determination that the revised plan corrects the deficiency prompting 
the finding, application of the offset sanction under paragraph (e)(1) 
of this section shall be stayed and application of the highway sanction 
under paragraph (e)(2) of this section shall be deferred unless and 
until the conditional approval converts to a disapproval or the 
Administrator proposes to or takes final action to disapprove in whole 
or in part the revised SIP the State submits to fulfill the commitment 
in the conditionally-approved plan. If the conditional approval so 
becomes a disapproval or the Administrator issues such a proposed or 
final disapproval, the offset sanction under paragraph (e)(1) of this 
section shall reapply in the affected area on the date the approval 
becomes a disapproval or the Administrator issues such a proposed or 
final disapproval, whichever is applicable. The highway sanction under 
paragraph (e)(2) of this section shall apply in the affected area on the 
later of 6 months from the date the offset sanction under paragraph 
(e)(1) of this section first applied in the affected area, unless the 
Administrator determines that the deficiency forming the basis of the 
finding has been corrected, or immediately if the conditional approval 
becomes a disapproval or the Administrator issues such a proposed or 
final disapproval, whichever is applicable, more than 6 months after 
initial

[[Page 56]]

application of the offset sanction under paragraph (e)(1) of this 
section.
    (iii) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following the findings under paragraphs 
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a 
revised plan to correct the deficiency prompting the finding and after 
24 months from the finding the Administrator has conditionally approved 
the revised plan and has issued an interim final determination that the 
revised plan corrects the deficiency prompting the finding, application 
of the offset sanction under paragraph (e)(1) of this section and 
application of the highway sanction under paragraph (e)(2) of this 
section shall be stayed unless and until the conditional approval 
converts to a disapproval or the Administrator proposes to or takes 
final action to disapprove in whole or in part the revised SIP the State 
submits to fulfill its commitment in the conditionally-approved plan. If 
the conditional approval so becomes a disapproval or the Administrator 
issues such a proposed or final disapproval, the offset sanction under 
paragraph (e)(1) of this section and the highway sanction under 
paragraph (e)(2) of this section shall reapply in the affected area on 
the date the conditional approval becomes a disapproval or the 
Administrator issues such a proposed or final disapproval, whichever is 
applicable.
    (4)(i) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4) 
of this section, if the Administrator, prior to 18 months from the 
finding, has proposed to find that the State is implementing the 
approved plan and has issued an interim final determination that the 
deficiency prompting the finding has been corrected, application of the 
offset sanction under paragraph (e)(1) of this section shall be deferred 
unless and until the Administrator preliminarily or finally determines, 
through a proposed or final finding, that the State is not implementing 
the approved plan and that, therefore, the State has not corrected the 
deficiency. If the Administrator so preliminarily or finally determines 
that the State has not corrected the deficiency, the offset sanction 
under paragraph (e)(1) of this section shall apply in the affected area 
on the later of the date the Administrator proposes to take action or 
takes final action to find that the finding of nonimplementation has not 
been corrected, or 18 months following the finding that started the 
sanctions clock. The highway sanction under paragraph (e)(2) of this 
section shall apply in the affected area 6 months after the date the 
offset sanction under paragraph (e)(1) of this section first applies, 
unless the Administrator preliminarily or finally determines that the 
deficiency forming the basis of the finding has been corrected.
    (ii) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4) 
of this section, if after 18 months but before 24 months from the 
finding the Administrator has proposed to find that the State is 
implementing the approved plan and has issued an interim final 
determination that the deficiency prompting the finding has been 
corrected, application of the offset sanction under paragraph (e)(1) of 
this section shall be stayed and application of the highway sanction 
under paragraph (e)(2) of this section shall be deferred unless and 
until the Administrator preliminarily or finally determines, through a 
proposed or final finding, that the State is not implementing the 
approved plan and that, therefore, the State has not corrected the 
deficiency. If the Administrator so preliminarily or finally determines 
that the State has not corrected the deficiency, the offset sanction 
under paragraph (e)(1) of this section shall reapply in the affected 
area on the date the Administrator proposes to take action or takes 
final action to find that the finding of nonimplementation has not been 
corrected. The highway sanction under paragraph (e)(2) of this section 
shall apply in the affected area on the later of 6 months from the date 
the offset sanction under paragraph (e)(1) of this section first applied 
in the affected area, unless the Administrator preliminarily or finally 
determines that the deficiency forming the basis of the finding has been 
corrected, or immediately if EPA's proposed or final action finding the 
deficiency has not

[[Page 57]]

been corrected occurs more than 6 months after initial application of 
the offset sanction under paragraph (e)(1) of this section.
    (iii) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4) 
of this section, if after 24 months from the finding the Administrator 
has proposed to find that the State is implementing the approved plan 
and has issued an interim final determination that the deficiency 
prompting the finding has been corrected, application of the offset 
sanction under paragraph (e)(1) of this section and the highway sanction 
under paragraph (e)(2) of this section shall be stayed unless and until 
the Administrator preliminarily or finally determines, through a 
proposed or final finding, that the State is not implementing the 
approved plan, and that, therefore, the State has not corrected the 
deficiency. If the Administrator so preliminarily or finally determines 
that the State has not corrected the deficiency, the offset sanction 
under paragraph (e)(1) of this section and the highway sanction under 
paragraph (e)(2) of this section shall reapply in the affected area on 
the date the Administrator proposes to take action or takes final action 
to find that the finding of nonimplementation has not been corrected.
    (5) Any sanction clock started by a finding under paragraph (c) of 
this section will be permanently stopped and sanctions applied, stayed 
or deferred will be permanently lifted upon a final EPA finding that the 
deficiency forming the basis of the finding has been corrected. For a 
sanctions clock and applied sanctions based on a finding under 
paragraphs (c)(1) and (c)(3)(i) of this section, a finding that the 
deficiency has been corrected will occur by letter from the 
Administrator to the State governor. For a sanctions clock or applied, 
stayed or deferred sanctions based on a finding under paragraphs (c)(2) 
and (c)(3)(ii) of this section, a finding that the deficiency has been 
corrected will occur through a final notice in the Federal Register 
fully approving the revised SIP. For a sanctions clock or applied, 
stayed or deferred sanctions based on a finding under paragraph (c)(4) 
of this section, a finding that the deficiency has been corrected will 
occur through a final notice in the Federal Register finding that the 
State is implementing the approved SIP.
    (6) Notwithstanding paragraph (d)(1) of this section, nothing in 
this section will prohibit the Administrator from determining through 
notice-and-comment rulemaking that in specific circumstances the highway 
sanction, rather than the offset sanction, shall apply 18 months after 
the Administrator makes one of the findings under paragraph (c) of this 
section, and that the offset sanction, rather than the highway sanction, 
shall apply 6 months from the date the highway sanction applies.
    (e) Available sanctions and method for implementation--(1) Offset 
sanction. (i) As further set forth in paragraphs (e)(1)(ii)-(e)(1)(vi) 
of this section, the State shall apply the emissions offset requirement 
in the timeframe prescribed under paragraph (d) of this section on those 
affected areas subject under paragraph (d) of this section to the offset 
sanction. The State shall apply the emission offset requirements in 
accordance with 42 U.S.C. 7503 and 7509(b)(2), at a ratio of at least 
two units of emission reductions for each unit of increased emissions of 
the pollutant(s) and its (their) precursors for which the finding(s) 
under paragraph (c) of this section is (are) made. If the deficiency 
prompting the finding under paragraph (c) of this section is not 
specific to one or more particular pollutants and their precursors, the 
2-to-1 ratio shall apply to all pollutants (and their precursors) for 
which an affected area within the State listed in paragraph (e)(1)(i) of 
this section is required to meet the offset requirements of 42 U.S.C. 
7503.
    (ii) Notwithstanding paragraph (e)(1)(i) of this section, when a 
finding is made with respect to a requirement for the criteria pollutant 
ozone or when the finding is not pollutant-specific, the State shall not 
apply the emissions offset requirements at a ratio of at least 2-to-1 
for emission reductions to increased emissions for nitrogen oxides 
where, under 42 U.S.C.

[[Page 58]]

7511a(f), the Administrator has approved an NOX exemption for the 
affected area from the Act's new source review requirements under 42 
U.S.C. 7501-7515 for NOX or where the affected area is not 
otherwise subject to the Act's new source review requirements for 
emission offsets under 42 U.S.C. 7501-7515 for NOX.
    (iii) Notwithstanding paragraph (e)(1)(i) of this section, when a 
finding under paragraph (c) of this section is made with respect to PM-
10, or the finding is not pollutant-specific, the State shall not apply 
the emissions offset requirements, at a ratio of at least 2-to-1 for 
emission reductions to increased emissions to PM-10 precursors if the 
Administrator has determined under 42 U.S.C. 7513a(e) that major 
stationary sources of PM-10 precursors do not contribute significantly 
to PM-10 levels which exceed the NAAQS in the affected area.
    (iv) For purposes of applying the emissions offset requirement set 
forth in 42 U.S.C. 7503, at the 2-to-1 ratio required under this 
section, the State shall comply with the provisions of a State-adopted 
new source review (NSR) program that EPA has approved under 42 U.S.C. 
7410(k)(3) as meeting the nonattainment area NSR requirements of 42 
U.S.C. 7501-7515, as amended by the 1990 Amendments, or, if no plan has 
been so approved, the State shall comply directly with the nonattainment 
area NSR requirements specified in 42 U.S.C. 7501-7515, as amended by 
the 1990 Amendments, or cease issuing permits to construct and operate 
major new or modified sources as defined in those requirements. For 
purposes of applying the offset requirement under 42 U.S.C. 7503 where 
EPA has not fully approved a State's NSR program as meeting the 
requirements of part D, the specifications of those provisions shall 
supersede any State requirement that is less stringent or inconsistent.
    (v) For purposes of applying the emissions offset requirement set 
forth in 42 U.S.C. 7503, any permit required pursuant to 42 U.S.C. 7503 
and issued on or after the date the offset sanction applies under 
paragraph (d) of this section shall be subject to the enhanced 2-to-1 
ratio under paragraph (e)(1)(i) of this section.
    (2) Highway funding sanction. The highway sanction shall apply, as 
provided in 42 U.S.C. 7509(b)(1), in the timeframe prescribed under 
paragraph (d) of this section on those affected areas subject under 
paragraph (d) of this section to the highway sanction, but shall apply 
only to those portions of affected areas that are designated 
nonattainment under 40 CFR part 81.

[59 FR 39859, Aug. 4, 1994]



Sec. 52.32  Sanctions following findings of SIP inadequacy.

    For purposes of the SIP revisions required by Sec. 51.120, EPA may 
make a finding under section 179(a) (1)-(4) of the Clean Air Act, 42 
U.S.C. 7509(a) (1)-(4), starting the sanctions process set forth in 
section 179(a) of the Clean Air Act. Any such finding will be deemed a 
finding under Sec. 52.31(c) and sanctions will be imposed in accordance 
with the order of sanctions and the terms for such sanctions established 
in Sec. 52.31.

[60 FR 4737, Jan. 24, 1995]



                           Subpart B--Alabama



Sec. 52.50   Identification of plan.

    (a) Title of plan: ``Air Quality Implementation Plan for the State 
of Alabama.''
    (b) The plan was officially submitted on January 25, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Letter informing Governor of Florida of submittal of Alabama 
Implementation Plan submitted on March 21, 1972, by the Alabama Air 
Pollution Control Commission.
    (2) Compliance schedules submitted on April 18, 1972, by the Alabama 
Air Pollution Control Commission.
    (3) Clarifying comments on the plan submitted on April 28, 1972, by 
the Alabama Air Pollution Control Commission.
    (4) Semi-annual report, miscellaneous non-regulatory additions to 
the plan, compliance schedules and miscellaneous regulatory additions to 
Chapters 3, 4, 5 and 9 submitted on February 15, 1973, by the Alabama 
Air Pollution Control Commission.

[[Page 59]]

    (5) Transportation control plans submitted on April 24, 1973, by the 
Alabama Air Pollution Control Commission.
    (6) Miscellaneous non-regulatory additions to the plan submitted on 
June 29, 1973, by the Alabama Air Pollution Control Commission.
    (7) Miscellaneous non-regulatory additions and complex source 
regulation, Chapter 10, submitted on September 26, 1973, by the Alabama 
Air Pollution Control Commission.
    (8) Plan revisions to Chapter 5 concerning sulfur compound emissions 
submitted on October 31, 1973, by the Alabama Air Pollution Control 
Commission.
    (9) Revision to Part 4.10, Primary Aluminum Plants, and redefinition 
of ``Solid Particulate Matter'' in section 1.2.1 submitted on May 27, 
1974, by the Alabama Air Pollution Control Commission.
    (10) AQMA identifications submitted on June 17, 1974, by the Alabama 
Air Pollution Control Commission.
    (11) Coke oven regulations, Part 4.9 excluding section 4.9.4, 
submitted on June 20, 1974, by the Alabama Air Pollution Control 
Commission.
    (12) Revised limits on particulate emissions from Portland cement 
plants, submitted on June 4, 1975, by the Alabama Air Pollution Control 
Commission.
    (13) Revised limits on sulfur dioxide and sulfuric acid mist 
emissions from sulfuric acid plants, submitted on July 25, 1975, by the 
Alabama Air Pollution Control Commission.
    (14) Revised area classification system for fuel combustion sources 
of sulfur dioxide and initial classification of Counties, submitted on 
May 1 and October 9, 1975, respectively, by the Alabama Air Pollution 
Control Commission.
    (15) Revised emergency level for photochemical oxidants (emergency 
episode control plan) submitted by the Alabama Air Pollution Control 
Commission on April 23, 1976.
    (16) Revised SO2 emissions from gas processing plants submitted 
by the Alabama Air Pollution Control Commission on July 21, 1976.
    (17) Regulations equivalent to EPA's New Source Performance 
Standards (40 CFR part 60) and continuous monitoring requirements for 
existing stationary sources (40 CFR 51.19), submitted by the Alabama Air 
Pollution Control Commission on October 28, 1976.
    (18) Revised regulations for the charging and pushing of coke in 
existing conventional batteries, submitted by the Alabama Air Pollution 
Control Commission on July 14, 1978.
    (19) Part 4.12, dealing with particulate emissions from xylene 
oxidation, submitted by the Alabama Air Pollution Control Commission on 
September 13, 1978.
    (20) 1979 implementation plan revisions for nonattainment areas (TSP 
and ozone), submitted on April 19, 1979, (as clarified by a letter of 
August 10, 1979), by the Alabama Air Pollution Control Commission.
    (21) Revisions in permit regulations as follows: (i) Title of 
16.3.2. is changed to ``Permits to Construct in or near Nonattainment 
Areas;'' (ii) a subparagraph (9), ``Significant Impact,'' is added to 
paragraph 16.3.2.(b); (iii) paragraph 16.3.2.(c) is revised; and (iv) 
subparagraph 16.3.2.(d)(5) is deleted; these revisions were adopted on 
February 13, 1980, and submitted on February 20, 1980, by the Alabama 
Air Pollution Control Commission to correct deficiencies in the Part D 
revisions given conditional approval by EPA on November 26, 1979.
    (22) 1979 implementation plan revisions for sulfur dioxide 
nonattainment areas in Colbert, Lauderdale, and Jackson Counties, 
adopted on August 28, 1979, and submitted on September 6, 1979 by the 
Alabama Air Pollution Control Commission.
    (23) Request for an 18-month extension of the statutory deadline for 
submitting a plan to attain and maintain the secondary standard for 
sulfur dioxide in the Jackson County nonattainment area, submitted on 
September 6, 1979, by the Alabama Air Pollution Control Commission.
    (24) Revision to the State Implementation Plan to delete the 
indirect source regulations submitted by the Alabama Air Pollution 
Control Commission on December 12, 1978.
    (25) Revised emergency episode control plan, updating procedures and 
raising the alert level for ozone from 0.10

[[Page 60]]

ppm to 0.15 ppm, submitted by the Alabama Air Pollution Control 
Commission on January 11, 1980.
    (26) Revision to the State Implementation Plan for an air quality 
surveillance network was submitted by the Alabama Air Pollution Control 
Commission on January 9, 1980.
    (27) Alternative compliance schedules for nine sources of volatile 
organic compounds, submitted by the Alabama Air Pollution Control 
Commission on July 3, 1980.
    (28) Revisions to Chapter 6 of the Alabama Rules and Regulations 
were submitted by the Alabama Air Pollution Control Commission on April 
1, 1981.
    (29) Alternative TSP control strategy for 3M Company's Guin plant, 
submitted on February 4, 1981, by the Alabama Air Pollution Control 
Commission.
    (30) Revisions in Chapters 12 and 13, adopting Federal NSPS and 
NESHAPS regulations by reference, submitted by the Alabama Air Pollution 
Control Commission on June 26, 1981.
    (31) Alternative compliance schedules for VOC sources, submitted on 
June 25, 1981, by the Alabama Air Pollution Control Commission.
    (32) Regulations providing for prevention of significant 
deterioration (additions to Chapter 16 of the Alabama regulations), 
submitted on January 29, 1981, by the Alabama Air Pollution Control 
Commission.
    (33) Alternative particulate control requirements for Kimberly-Clark 
Corporation's 3 bark boiler, Coosa Pines (revisions in Part 4.8 of the 
Alabama regulations), submitted by the Alabama Air Pollution Control 
Commission on February 4 and August 31, 1981.
    (34) Request for 18-month extension of the deadline for submitting a 
plan to attain and maintain the secondary ambient standard for 
particulate matter in the Etowah County nonattainment area, submitted on 
May 19, 1981, by the Alabama Air Pollution Control Commission.
    (35) Revision for Jackson County secondary sulfur dioxide 
nonattainment area, submitted on June 9, 1980, by the Alabama Air 
Pollution Control Commission.
    (36) Set II VOC regulations, submitted on February 12, 1982, by the 
Alabama Air Pollution Control Commission and on May 5, 1983, by the 
Alabama Department of Environmental Management.
    (37) Provisions for new source review in nonattainment areas 
(changes in Chapter 16 of the regulations), submitted on March 31, 1981, 
by the Alabama Air Pollution Control Commission.
    (38) Bubble for Union Camp Corporation's Prattville, Alabama kraft 
pulp mill, submitted on January 21, 1983, January 20, 1984, and March 9, 
1984, by the Alabama Department of Environmental Management (ADEM).
    (i) Incorporation by reference.
    (A) Alabama Department of Environmental Management Resolution and 
Regulation 4.8.4, dealing with control of particulate emissions from 
wood waste boilers, was adopted on December 9, 1983.
    (B) Alabama Environmental Management Commission Resolution and 
Regulation 4.7.5, dealing with particulate emissions from kraft pulp 
mills, was adopted on March 7, 1984.
    (ii) Other material.
    (A) None.
    (39) Changes to air permit requirements, submitted on February 19, 
1985, and on March 28, 1985, by the Alabama Department of Environmental 
Management (ADEM).
    (i) Incorporation by reference.
    (A) Amendment to ADEM Air Rules & Regulations Chapter 16.1, 
submitted on March 28, 1985, and State-adopted on March 13, 1985. Allows 
delegation of permitting authority to locals.
    (B) Amendment to ADEM Air Rules & Regulations Chapter 16.1, 16.2, 
16.3, and 16.4, submitted on February 19, 1985, and State-adopted on 
February 13, 1985. Consolidates Permit to Construct, Operate and 
Temporary Permit, into one Air Permit.
    (ii) Additional information.
    (A) None.
    (40) Visibility new source review regulations as visibility 
monitoring strategy were submitted to EPA on November 20, 1985.
    (i) Incorporated by reference.
    (A) Letter of November 20, 1985, from the Alabama Department of 
Environmental Management, and the following regulation Changes to 
Paragraphs

[[Page 61]]

16.3.2 and 16.4 to Address Visibility Requirements adopted by the 
Alabama Environmental Management Commission on November 13, 1985:

16.3.2(b)--(Permits to Construct in or Near Nonattainment Areas--
Definitions)
16.3.2(f)--(Permits to Construct in or Near Nonattainment Areas--
visibility protection provisions)
16.4.2--(Permits to Construct in Clean Air Areas--Definitions)
16.4.12--(Visibility Monitoring)
16.4.15--(Sources Impacting Federal Class I Areas--Additional 
Requirements)

    (ii) Additional material.
    (A) Narrative Visibility SIP which includes the State's visibility 
monitoring strategy.
    (41) State implementation plan revisions, submitted by the 
Department of Environmental Management on May 17, 1985.
    (i) Incorporation by reference.
    (A) Amendments to Alabama Department of Environmental Management's 
(ADEM) Air Rules and Regulations: addition of Paragraphs 4.3.5, 4.7.6, 
4.7.7, 4.8.3(a), 4.8.3(b), 4.8.3(c), revision of Paragraph 4.8.3, 
adopted on October 10, 1984.
    (B) Resolution by the Alabama Environmental Management Commission 
adopting the proposed regulations into the ADEM's Air Rules and 
Regulations on October 10, 1984.
    (ii) Other material.
    (A) Dispersion modelling of area around Kimberly Clark Corporation's 
Talledega County facility.
    (42) State implementation plan for attainment and maintenance of the 
lead standards in all areas except Jefferson County, submitted on March 
28, 1985, by the Alabama Department of Environmental Management.
    (i) Incorporation by reference.
    (A) Regulation for existing secondary lead smelters located in Pike 
County, Alabama (Regulation 4.15.6), which was adopted by the Alabama 
Department of Environmental Management on March 13, 1985. Under 
applicable law, EPA approval is required for discretionary actions of 
the Director of the Alabama Department of Environmental Management that 
may increase lead concentrations in the ambient air.
    (B) Letter of May 6, 1985 from Ababama Department of Environmental 
Management to EPA, and Regulation pertaining to secondary lead smelter 
exhaust stack gases (Regulation 4.15.3), which was adopted by the 
Alabama Air Pollution Control Commission on March 23, 1982.
    (ii) Other material.
    (A) Narrative SIP, titled, ``State of Alabama'a Plan for the 
Attainment of the National Ambient Air Quality Standard for Lead,'' 
dated December 1984.
    (43) [Reserved]
    (44) Volatile Organic Compound regulation changes were submitted to 
EPA on September 23, 1985.
    (i) Incorporation by reference. (A) Letter of September 23, 1985 to 
EPA from Alabama Department of Environmental Management and changes to 
Chapter 6 of the Alabama Air Pollution Control Rules and Regulations 
(Control of Volatile Organic Compounds) which were adopted by the 
Alabama Environmental Management Commission on September 18, 1985, 
specifically, the revisions to 6.1.1(a), 6.1.2, and 6.1.3 and the 
addition of 6.1.4 and 6.1.5.
    (ii) Other material--none.
    (45) State implementation plan for attainment and maintenance of 
lead standards in Jefferson County, submitted on October 7, 1985, by the 
Alabama Department of Environmental Management, and on November 13, 
1986, by the Jefferson County Health Department.
    (i) Incorporation by reference.
    (A) Jefferson County Department of Health Regulation 611, Secondary 
Lead Smelters (excluding paragraphs 6.11.2(a) and 6.11.2(b)) which was 
adopted on September 11, 1985.
    (B) November 13, 1986, letter to EPA from the Jefferson County 
Department of Health, and Appendix C of the Alabama Lead SIP for 
Jefferson County (Revised Schedule for the RACT-plus study) which was 
adopted on November 12, 1986.
    (ii) Other material.
    (A) Narrative SIP, entitled ``State Implementation Plan for the 
Attainment of the National Ambient Air Quality Standard for Lead in 
Jefferson County'' dated September 1984.
    (46) Stack height regulations were submitted to EPA on September 26, 
1986, by the Alabama Department of Environmental Management.
    (i) Incorporation by reference.

[[Page 62]]

    (A) Letter of September 26, 1986, from the Alabama Department of 
Environmental Management, transmitting stack height regulations.
    (B) Section 16.3.3, Stack Heights, of the Alabama air pollution 
control rules and regulations, which was adopted on September 18, 1986, 
by the Alabama Environmental Management Commission.
    (ii) Other material--none.
    (47) Revisions to Alabama's New Source Review regulations were 
submitted to EPA on April 17, 1987.
    (i) Incorporation by reference.
    (A) Letter of April 17, 1987, from the Alabama Department of 
Environmental Management.
    (B) Revisions to Alabama regulation 16.3.2, adopted by the Alabama 
Department of Environmental Management (ADEM) on April 15, 1987.
    (ii) Other material--none.
    (48) Revised State Implementation Plan for attainment and 
maintenance of lead standards in Jefferson County, submitted on August 
5, 1988, by the Alabama Department of Environmental Management.
    (i) Incorporation by reference. (A) Air permits incorporating 
revised regulations for existing secondary lead smelters located in 
Jefferson County, Alabama (Regulation 6.11), adopted by the Jefferson 
County Board of Health on May 11, 1988.
    (B) [Reserved]
    (ii) Other material. (A) Narrative SIP, entitled ``State 
Implementation Plan for the Attainment of the National Ambient Air 
Quality Standard for Lead in Jefferson County,'' dated February 19, 
1988.
    (B) [Reserved]
    (49) SO2 revisions for Secondary Lead Smelters, submitted by 
the Alabama Department of Environmental Management on June 30, 1989.
    (i) Incorporation by reference.
    (A) The following revisions to Chapter 6 of Jefferson County Board 
of Health Air Pollution Control Rules and Regulations, which became 
effective June 14, 1989.

(1) 6.11.2(o)

    (B) The following revisions to chapter 7 of Jefferson County Board 
of Health Air Pollution Control Rules and Regulations which became 
effective June 14, 1989 as follows:

(1) 7.5.3  (3) 7.5.5
(2) 7.5.4  (4) 7.5.6

    (ii) Additional material. (A) Letter of June 30, 1989, submitted by 
the Alabama Department of Environmental Management.
    (B) Modeling analysis for Interstate Lead Corporation which was 
submitted by Jefferson County, Alabama on April 5, 1989.
    (50) Changes in Alabama's Regulations which were submitted to EPA on 
May 29, 1987, by the Alabama Department of Health and Environmental 
Management.
    (i) Incorporation by reference.
    (A) Changes in Alabama's Regulation which were adopted on May 20, 
1987:
    (1) Chapter 5, Control of Sulfur Compound Emissions: Section 
5.1.1(d) & (e) and Sections 5.3.4 (Applicability), 5.3.4 (a) & (b), 
5.3.5 (a) & (b), 5.3.6, 5.3.7, 5.3.8, & 5.3.9.
    (ii) Other Material.
    (A) Modeling analysis for Exxon Company's Big Escambia Creek 
Treating Facility and Tennessee Valley Authority's Colbert Steam Plant.
    (51) The recodified Air Division Administrative Code Rules of the 
Alabama Department of Environmental Management submitted on October 31, 
1989 as revisions to Alabama's State Implementation Plan. These rules 
became effective on June 22, 1989.
    (i) Incorporation by reference.
    (A) Alabama Department of Environmental Management Administrative 
Code Rules 335-3 and appendices A-F, revision effective June 22, 1989, 
except for the following rules:

335-3-1-.02(1)--Definitions: (b), (c), (j), (pp), (xx), (yy), (bbb), 
          (ccc), (nnn), (sss), and (yyy).
335-3-2-.02--Episode Criteria: (4)(b); (4)(c), (d) and (e); and (5)(b), 
          (c), (d), and (e); (6)(b), (c), (d), and (e).
335-3-4--Control of Particulate Emissions; .01(1)(a), (b), and (d)(1), 
          (2), (3), (4), and (5); .01(2); and .04(1)(a)
335-3-5-.03--Petroleum Production: (4)
335-3-14--Permits: .03(1)(g)(1)

    (ii) Other material--None.
    (52) Provisions for PM10 submitted on June 29, 1988, and 
October 3, 1989, by the Alabama Department of Environmental Management.

[[Page 63]]

    (i) Incorporation by reference.
    (A) The following revisions submitted on June 29, 1988, to Chapters 
1, 2 and 16 were effective June 16, 1988. These Chapters were recodified 
as Chapters 335-3-1, 335-3-2 and 335-3-14, respectively, effective June 
22, 1989.
    (1) Definitions--1.2.1 recodified 335-3-1-.02(1) bbb, eee, nnn, and 
yyy.
    (2) Air Pollution Emergency--Chapter 2 recodified as 335-3-2.
    (3) Permits--Chapter 16 recodified as 335-3-14, except .03(1)(g)(1).
    (B) The following revisions submitted on October 3, 1989, to 
Chapters 35-3-1 and 335-3-14 were effective September 21, 1989.
    (1) Definitions--335-1-.02 (1) (yy) and (ccc).
    (2) Permits--335-3-14.
    (i) 335-3-14-.03(1)(g)(1).
    (53) October 8, 1988, and March 15, 1989, revisions to Jefferson 
County's Implementation Plan for PM10 were submitted by the Alabama 
Department of Environmental Management. The submittal included a 
committal SIP.
    (i) Incorporation by reference.
    (A) The following revisions submitted on March 15, 1989, to chapters 
1, 2, and 4 of Jefferson County Implementation Plan for PM10 were 
effective February 8, 1989.

                Chapter I--Chapter I General Provisions:

                           1.3  (Definitions):

    Soiling Index, PM10, Particulate Matter, PM10 emission, 
Total Suspended Particulate, Citation, Control Device, Employee, Six 
Minute Average, Violator.
    Chapter 2--Permits: 2.3.1(g)(1), (2), and (3); 2.3.2.(b)(11) and 20; 
2.3.4 (a)(5); 2.3.2 (2); 2.4.2.(w) (1) and (2); 2.4.3; 2.4.8(h), 
2.4.8(k) and (l); 2.4.12(a)(7) and 8; 2.4.15(e); and 2.4.19(a).
    Chapter 4--Air Pollution Emergency: 4.3.4(b), (c), (d), and (e); 
4.3.5(b), (c), (d), and (e); and 4.3.6(b), (c), (d), and (e).

    (ii) Other material.
    (A) March 15, 1989, letter from the Alabama Department of 
Environmental Management.
    (54)-(55) [Reserved]
    (56) Revisions to the VOC portion of the Alabama SIP were submitted 
on April 20, 1987, November 7, 1990, May 22, 1991, and October 4, 1991, 
and July 5, 1991, by the State of Alabama. These revisions were adopted 
on April 15, 1987; October 10, 1990; November 14, 1990, and May 8, 1991; 
September 18, 1991, respectively by the Jefferson County Board of 
Health.
    (i) Incorporation by reference.
    (A) Jefferson County Department of Health Air Pollution Control 
Program Rules and Regulations, Chapter 8 (Control of VOC Emissions) and 
Chapter 1 (Definitions) effective April 8, 1987.
    (1) Chapter 1--General Provisions: Section 1.3.
    (2) Chapter 8--Control of Volatile Organic Compound (VOC) Emissions, 
except for 8.16.13.
    (ii) Other material--none.
    (57) Revisions to Chapters 335-3-1 and 335-3-6 of the Alabama 
Department of Environmental Management Administrative Code which were 
submitted on October 19, 1989, and on July 5, 1991, and adopted into the 
Alabama Department of Environmental Management Administrative Code on 
August 16, 1989 and June 26, 1991.
    (i) Incorporation by reference.
    (A) Amendments to the Alabama regulations 335-3-1-.02, 335-3-6-
.02(1); 335-3-6-.03(1); 335-3-6-.24(1); 335-3-6-.26; 335-3-6-.27; 335-3-
6-.28; 335-3-6-.29; 335-3-6-.30; 335-3-6-.31; 335-3-6-.32; 335-3-6-.33; 
335-3-6-.34; 335-3-6-.35; 335-3-6-.36; 335-3-6-.37 with the exception of 
Subsection 335-3-6-.37(10)(a); 335-3-6-.38; 335-3-6-.39; 335-3-6-40; 
335-3-6-.41; 335-3-6-.42; 335-3-6-43; 335-3-6-44; 335-3-6-45; 335-3-6-
.46; 335-3-6-.47; 335-3-6-.49; 335-3-6-.51; 335-3-6-.53 effective July 
31, 1991.
    (ii) Other material--None.
    (58) Revisions to include NO2 increment requirements in Chapter 
2 of the SIP and the PSD regulations, Chapter 335-3-14 of the Alabama 
Department of Environmental Management Administrative Code which was 
submitted on October 22, 1990.
    (i) Incorporation by reference. (A) Revisions to 335-3-14-.04, ``Air 
Permits Authorizing Construction in Clean Air Areas,'' of the Alabama 
Department of Enironmental Management Administrative Code, which became 
effective November 1, 1990.
    (ii) Other material. (A) Letter dated October 22, 1990, from the 
Alabama Department of Environmental Management.
    (B) Letter dated April 30, 1991, from the Alabama Department of 
Environmental Management regarding minimum program elements.

[[Page 64]]

    (59)  [Reserved]
    (60) Provisions for visible emissions were submitted by the Alabama 
Department of Environmental Management on June 11, 1979.
    (i) Incorporation by reference.
    (A) 335-3-4.01 Visible Emissions, adopted May 17, 1989.
    (ii) Other material.
    (A) None.
    (61) Revisions to the Alabama SIP to correct errors and to add 
offset ratios which were submitted on November 10, 1992.
    (i) Incorporation by reference.
    (A) Amendments to the following sections of the Alabama 
regulations--335-3-6-.04(4), 335-3-14-.03(2)(b)15, 335-3-14-.03(2)(b)17, 
335-3-14-.03(2)(b)18, 335-3-14-.03(2)(b)20, 335-3-14-.03(2)(c)2, 335-3-
14-.03(2)(e), 335-3-14-.03(2)(g)1(i), 335-3-14-.03(2)(g)1(ii), and 
Appendix D--were adopted by the State on October 23, 1992.
    (ii) Other material.
    (A) Letter of November 10, 1992, from the Alabama Department of 
Environmental Management.
    (62) The Alabama Department of Environmental Management has 
submitted revisions to chapter 11 of the Alabama Statute on November 13, 
1992. These revision address the requirements of section 507 of Title V 
of the CAA and establish the Small Business Stationary Source Technical 
and Environmental Assistance Program (PROGRAM).
    (i) Incorporation by reference.
    (A) Alabama statute 11.1, effective November 13, 1993.
    (ii) Additional information--None.
    (63) Provisions for coke ovens were submitted by the Alabama 
Department of Environmental Management on September 25, 1985.
    (i) Incorporation by reference.
    (A) Alabama Department of Environmental Management Administrative 
Code, Chapter 335-3-4-.17, Steel Mills Located in Etowah County, adopted 
September 18, 1985.
    (ii) Other material.
    (A) None.
    (64) Revisions to provide synthetic minor operating permit rules 
submitted by the Alabama Department of Environmental Management on 
December 20, 1993.
    (i) Incorporation by reference.
    (A) Alabama Department of Environmental Management Air Division 
Administrative Code, Chapter 335-3-4-.10, -11, -14, -15, and Appendix D, 
adopted November 23, 1993.
    (ii) Other material. None.
    (65) Revisions to the State of Alabama State Implementation Plan 
(SIP) concerning emission statements were submitted on November 13, 
1992, by the Alabama Department of Environmental Management.
    (i) Incorporation by reference. The Addition of Section 11.2 of the 
Alabama Regulations was effective on November 13, 1992.
    (ii) Other material. Letter dated November 13, 1992, from the 
Alabama Department of Environmental Management.
    (66) The Alabama Department of Environmental Management has 
submitted revisions to Alabama SIP on September 28, 1993. These 
revisions address the requirements necessary to change the Leeds area of 
Jefferson County, Alabama, from nonattainment to attainment for lead. 
The submittal includes the maintenance plan for the Leeds Area.
    (i) Incorporation by reference.
    (A) Plan for Maintenance of the NAAQS for Lead in the Jefferson 
County (Leeds) Area after Redesignation to Attainment Status effective 
on September 28, 1993.
    (ii) Additional information. None.
    (67)  [Reserved]
    (68) The State of Alabama submitted a SIP submittal to revise the 
ADEM Administrative Code for the Air Pollution Control Program on August 
14, 1995. These revisions involve changes to Chapter 335-3-14--Air 
Permits.
    (i) Incorporation by reference.
    (1) Amendments to the following sections of the Alabama 
regulations--335-3-14-.04, and 335-3-14-.05 which were adopted on March 
21, 1995.
    (ii) Other material. None.
    (69) The State of Alabama submitted revisions to the ADEM 
Administrative Code for the Air Pollution Control Program on October 30, 
1995, and December 14, 1995. These revisions involve changes to Chapter 
335-3-1--General Provisions.

[[Page 65]]

    (i) Incorporation by reference. Section 335-3-1-.02 (gggg) of the 
Alabama regulations adopted on November 28, 1995.
    (ii) Other material. None.

[37 FR 10846, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 52.50, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.



Sec. 52.51   Classification of regions.

    The Alabama 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)
----------------------------------------------------------------------------------------------------------------
Alabama & Tombigbee Rivers Intrastate................          II        III       III       III           III  
Columbus (Georgia)-Phenix City (Alabama) Interstate..           I        III       III       III           III  
East Alabama Intrastate..............................           I        III       III       III           III  
Metropolitan Birmingham Intrastate...................           I         II       III         I             I  
Mobile (Alabama)-Pensacola-Panama City (Florida)-                                                               
 Southern Mississippi Interstate.....................           I          I       III       III             I  
Southeast Alabama Intrastate.........................          II        III       III       III           III  
Tennessee River Valley (Alabama)-Cumberland Mountains                                                           
 (Tennessee) Interstate..............................           I          I       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10847, May 31, 1972]



Sec. 52.53  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Alabama's plans for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds the plans satisfy all requirements of Part D, 
Title I, of the Clean Air Act as amended in 1977. In addition, continued 
satisfaction of the requirements of Part D for the ozone portion of the 
SIP depends on the adoption and submittal of RACT requirements by July 
1, 1980 for the sources covered by CTGs issued between January 1978 and 
January 1979 and adoption and submittal by each subsequent January of 
additional RACT requirements for sources covered by CTGs issued by the 
previous January.

[45 FR 37431, June 3, 1980]



Sec. 52.56  Review of new sources and modifications.

    Part D conditional approval. The plan's provisions for review of new 
sources and modifications in nonattainment areas are approved on 
condition that the State submit any necessary corrections by March 9, 
1984 and, during the interim, implement these regulations in a manner 
consistent with EPA requirements.

[48 FR 9860, Mar. 9, 1983]



Sec. 52.57   Control strategy: Sulfur oxides.

    (a) The requirements of Subpart G of this chapter are not met since 
the Alabama plan does not provide for attainment and maintenance of the 
national standards for sulfur oxides in the vicinity of the Widows Creek 
Power Plant in Jackson County, Alabama. Therefore, Part 5.1, Fuel 
Combustion, of Chapter 5, Control of Sulfur Compound Emissions, of the 
rules and regulations of the State of Alabama, as adopted by the Alabama 
Air Pollution Control Commission on May 29, 1973, and amended on March 
25, 1975, which is part of the revised sulfur oxide control strategy, is 
disapproved as it applies to the Widows Creek Plant. Part 5.1 of the 
Alabama rules and regulations as adopted on January 18, 1972, remains 
the implementation plan regulation applicable to that source.

[41 FR 42674, Sept. 28, 1976, as amended at 51 FR 40676, Nov. 7, 1986]

[[Page 66]]



Sec. 52.58  Control strategy: Lead.

    The lead plan submitted by the State on March 24, 1982, is 
disapproved because it fails to provide for the attainment of the lead 
standard throughout Alabama. The lead plan submitted by the State on 
October 7, 1985, and November 13, 1986, for Jefferson County is 
conditionally approved on the condition that the State by October 1, 
1987, determine what additional control measures may be necessary, if 
any, to assure attainment and maintenance as expeditiously as 
practicable but no later than the applicable attainment deadline and 
submit those measures to EPA for approval, together with an appropriate 
demonstration of attainment. The provisions in the regulation submitted 
on October 7, 1985, that give the Jefferson County Health Officer 
discretion to vary the requirements of the regulation are approved as 
limits on that discretion, but any variances that may result from those 
provisions are not approved in advance and hence change the applicable 
implementation plan only when approved by EPA on a case-by-case basis.

[49 FR 18738, May 2, 1984, as amended at 52 FR 4291, Feb. 11, 1987]



Sec. 52.60   Significant deterioration of air quality.

    (a) All applications and other information required pursuant to 
Sec. 52.21 from sources located in the State of Alabama shall be 
submitted to the Division of Air Pollution Control, Alabama Air 
Pollution Control Commission, 645 South McDonough Street, Montgomery, 
Alabama 36103, rather than to EPA's Region IV Office.
    (b) On March 24, 1987, the Alabama Department of Environmental 
Management submitted a letter committing the State of Alabama to require 
that modeling for PSD permits be done only in accordance with the 
``Guideline on Air Quality Models (Revised)'' or other models approved 
by EPA.

[42 FR 22869, May 5, 1977, as amended at 46 FR 55518, Nov. 10, 1981; 52 
FR 48812, Dec. 28, 1987]



Sec. 52.61  Visibility protection.

    (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) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated into the applicable plan for the State of Alabama.

[52 FR 45138, Nov. 24, 1987]



Sec. 52.62  Control strategy: sulfur oxides and particulate matter.

    In a letter dated May 29, 1987, the Alabama Department of Health and 
Environmental Control certified that no emission limits in the State's 
plan are based on dispersion techniques not permitted by EPA's stack 
height rules. The certification does not apply to: Alabama Electric 
Cooperative--Lowman Steam Plant; Alabama Power Company-Gorgas Steam 
Plant, Gaston Steam Plant, Greene County Steam Plant, Gadsden Steam 
Plant, Miller Steam Plant, and Barry Steam Plant; Alabama River Pulp; 
Champion International Corporation; Container Corporation of America; 
Exxon Company's Big Escambia Creek Treating Facility; General Electric's 
Burkville Plant; International Paper; Scott Paper Company; Tennessee 
Valley Authority's Colbert, and Widows Creek Steam Plant; Union Camp 
Corporation; and U.S. Steel.

[55 FR 5846, Feb. 20, 1990]



Sec. 52.63  PM10 State Implementation Plan development in group II areas.

    On March 15, 1989, the State submitted a committal SIP for the 
cities of Leeds and North Birmingham in Jefferson County. The committal 
SIP contains all the requirements identified in the July 1, 1987, 
promulgation of the SIP requirements for PM10 at 52 FR 24681. The 
SIP commits the State to submit an emissions inventory, continue to 
monitor for PM10, report data and to submit a full SIP if a 
violation of the PM10 and National Ambient Air Quality Standards is 
detected.

[56 FR 32514, July 17, 1991]

[[Page 67]]

Sec. 52.64  [Reserved]



Sec. 52.65  Control Strategy: Nitrogen Oxides.

    On October 22, 1990, the Alabama Department of Environmental 
Management submitted a revision to Chapter 2, Control Strategy, by 
adding subsection 4.2.3. This revision addressed the strategy Alabama is 
using to implement provisions of the Prevention of Significant 
Deterioration regulations for nitrogen oxides.

[57 FR 24370, June 9, 1992]



                            Subpart C--Alaska



Sec. 52.70   Identification of plan.

    (a) Title of plan: ``State of Alaska Air Quality Control Plan.''
    (b) The plan was officially submitted on April 25, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Modifications to the implementation plan including a revision to 
Title 18, Chapter 50, section 160 and other nonregulatory provisions 
submitted on June 22, 1972, by the Governor.
    (2) Compliance schedules submitted on August 2, 1973, by the State 
of Alaska Department of Environmental Conservation.
    (3) Compliance schedules submitted on August 23, 1973, by the State 
of Alaska Department of Environmental Conservation.
    (4) Compliance schedules submitted on September 30, 1975, by the 
State of Alaska Department of Environmental Conservation.
    (5) Compliance schedules submitted on January 6, 1976, by the State 
of Alaska Department of Environmental Conservation.
    (6) Compliance schedules submitted on September 30, 1975, by the 
State of Alaska Department of Environmental Conservation.
    (7) Part D attainment plans for the Anchorage and Fairbanks carbon 
monoxide nonattainment areas submitted by the Governor of Alaska on 
January 18, 1980 as follows:

            Volume II. Analysis of Problems, Control Actions

Section III. Areawide Pollutant Control Efforts, Subsection A.
Carbon Monoxide, except subparts 1.c (Other areas) and 5.h (Fairbanks 
          Emergency Avoidance Plan)

                         Volume III. Appendices

III-1 A Review of Carbon Monoxide Emissions from Motor Vehicles during 
          Cold Temperature Operation
III-2 Cold Weather Related Strategy Support Development
III-3 Preliminary Assessment of Meteorological Conditions during Days of 
          Ambient Air Quality Violations in Anchorage
III-4 Summary of the 1978 Fairbanks Voluntary Vehicle Emissions 
          Inspection Program
III-5 Approach of Evaluating an Alaska I/M Program
III-6 Appendices to the Anchorage Air Quality Plan
III-7 Appendices to the Fairbanks Air Quality Plan

    (8) On January 18, 1980, the State of Alaska Department of 
Environmental Conservation submitted a plan revision to meet the 
requirements of Air Quality Monitoring, 40 CFR part 58, subpart C, 
Sec. 58.20, as follows:

            Volume II. Analysis of Problems, Control Actions

Section V. Ambient Air Monitoring
    A. Purpose
    C. Air Monitoring Network
    E. Annual Review

    (9) Provisions of a State Air Quality Control Plan submitted by the 
Governor of Alaska on January 18, 1980, as follows:

            Volume II. Analysis of Problems, Control Actions

Section I. Introduction
    A. Summary
    B. Air Quality Control Regions
    C. Attainment/Nonattainment Designations
Section II. Alaskan Air Quality Control Programs
    A. State Program
    B. Local Programs
    C. Resource Needs
Section III. Areawide Pollutant Control Efforts
    A. Carbon Monoxide, Subpart 1.c (Other areas)
    B. Total Suspended Particulate Matter
    C. Ice Fog
    D. Open Burning--Forest Practices
Section IV. Point Source Control Efforts
    A. Summary
    B. Description of Source Categories and Pollutants
    C. Summary of Major Emitting Sources

[[Page 68]]

    D. History of Alaskan Point Source Program
    F. Local Program Enforcement
    G. New Source Review and Approval
    H. Compliance Assurance
    I. State Air Quality Control Regulations
Section V. Ambient Air Monitoring
    B. Description of Previous Air Monitoring Network

                         Volume III. Appendices

I-1 Summary of Public Hearings, Written Testimony, etc.
I-2 Recommendations for attainment/Nonattainment designations
II-1 Alaska Statutes, except section 46.03.170
II-2 Regulations of the Fairbanks North Star Borough, except section 
          8.04.070
II-3 Fairbanks North Star Borough/Alaska Department of Environmental 
          Conservation Agreement
II-4 Municipality of Anchorage/Alaska Department of Environmental 
          Conservation Agreement
II-5 Alaska State Department of Law Legal Opinion
IV-1 Summaries of Emission Inventories
IV-2 D. Permit to Operate for the Fairbanks Municipal Utilities System
IV-3 Testing Procedures
V-1 Air Quality Data

An amended Appendix II-5, ``Alaska State Department of Law Legal 
Opinion'' submitted by the State of Alaska Department of Environmental 
Conservation on February 29, 1980. Amendments to the January 18, 1980 
submittal, submitted by the State of Alaska Department of Environmental 
Conservation on September 29, 1982 as follows:

            Volume II. Analysis of Problems, Control Actions

Section I. Introduction
    C. Attainment/Nonattainment Designations
Section III. Areawide Pollutant Control Efforts
    D. Open Burning--Forest Practices
Section IV. Point Source Control Efforts
    C. Summary of Major Emitting Sources
    D. History of Alaskan Point Source Program
    F. Local Program Enforcement
    G. New Source Review and Approval
    H. Compliance Assurance
    I. State Air Quality Control Regulations
Section V. Ambient Air Monitoring
    C. Air Monitoring Network
    E. Annual Review

                         Volume III. Appendices

IV-4 ADEC Ambient Analysis Procedures

    (10) On November 15, 1983 the State of Alaska Department of 
Environmental Conservation submitted a revision to add a lead strategy 
to the Alaska Implementation Plan.
    (11) Provisions of a State Air Quality Control Plan submitted by the 
Alaska Department of Environmental Conservation on November 15, 1983, as 
follows:

            VOLUME II. ANALYSIS OF PROBLEMS, CONTROL ACTIONS

                          Section I. BACKGROUND

A. INTRODUCTION
B. AIR QUALITY CONTROL REGIONS
C. ATTAINMENT/NONATTAINMENT DESIGNATIONS
D. PREVENTION OF SIGNIFICANT DETERIORATION DESIGNATIONS

              Section II. STATE AIR QUALITY CONTROL PROGRAM

             Section III. AREAWIDE POLLUTANT CONTROL PROGRAM

D. TOTAL SUSPENDED PARTICULATE MATTER
E. ICE FOG
F. OPEN BURNING
G. WOOD SMOKE POLLUTION CONTROL

                Section IV. POINT SOURCE CONTROL PROGRAM

A. SUMMARY
    1. Annual Review Report
B. STATE AIR QUALITY REGULATIONS
C. LOCAL PROGRAMS
D. DESCRIPTION OF SOURCE CATEGORIES AND POLLUTANTS
    1. Typical Point Sources
    2. Summary of Major Emitting Facilities
E. POINT SOURCE CONTROL
    1. Introduction
F. FACILITY REVIEW PROCEDURES
    1. Who needs a permit?
    2. Standard Application Procedures
    3. PSD Application Procedures, Preliminary report and meeting, Pre-
construction monitoring, PSD application format
    4. Nonattainment Application Procedures
G. APPLICATION REVIEW AND PERMIT DEVELOPMENT
    1. Application Review
    2. Permit Development Requirement, Monitoring and Testing 
Requirements, Ambient Monitoring, Continuous Emissions Monitoring, 
Source Testing
    3. Prevention of Significant Deterioration Review, Basis of Program, 
PSD Regulations, PSD Analysis Procedure
    4. Nonattainment Area Review
    5. New Source Performance Standards Source Review

[[Page 69]]

    6. Visibility Review
    7. Sources under EPA Review
H. PERMIT ISSUANCE REQUIREMENTS

                    Section V. AMBIENT AIR MONITORING

A. PURPOSE
B. COMPLETED AIR MONITORING PROJECTS
    1. Carbon Monoxide
    2. Nitrogen Oxides
    3. Sulfur Dioxide
    4. Ozone
    5. Total Suspended Particulates (TSP)
    6. Lead
C. AIR MONITORING NETWORK
    1. Network Description
    2. Station Designations
    3. Air Quality Monitoring Procedures
    4. Ambient Sampling for Specific Pollutants
E. ANNUAL REVIEW

                         VOLUME III. APPENDICES

              Section II. STATE AIR QUALITY CONTROL PROGRAM

II.A. State Air Statutes, except section 46.03.170, State Attorney 
          General Opinions on Legal Authority
II.B. Municipality of Anchorage/Cook Inlet/ADEC Agreements
II.C. Fairbanks North Star Borough Ordinances/FNSB & ADEC Agreements

             Section III. AREAWIDE POLLUTANT CONTROL PROGRAM

III.G. Ordinance of the City and Borough of Juneau

                Section IV. POINT SOURCE CONTROL PROGRAM

IV.1. PSD Area Classification and Reclassifications
    A. Class I Area Boundaries
    B. Areas Protected from Visibility Degradation
    C. Reclassification
    1. Limitations on PSD Reclassification
    2. PSD Reclassification Procedures
IV.2. Compliance Assurance
IV.3. Testing Procedures

                    Section V. AMBIENT AIR MONITORING

    ADEC Ambient Analysis Procedures
TITLE 18. ENVIRONMENTAL CONSERVATION, CHAPTER 50. AIR QUALITY CONTROL, 
Sections 021(d), 030(g), 040(a)(2), 040(c), 050(a)(2), 050(b)(4), 085, 
300(a)(1), 300(a)(7), 400(d)(6), 500(d), 500(e), 510 (Editor's Note), 
520(a), 520(b), 610(a), 620, 900(15), 900(39), 900(47), and 900(48).

    (12) On September 29, 1982, the Commissioner of the Alaska 
Department of Environmental Conservation submitted a carbon monoxide 
attainment plan for the cities of Anchorage (section III.B) and 
Fairbanks (section III.C) as a revision to the Alaska State 
Implementation Plan. On November 15, 1983, a revision to this plan was 
submitted for the city of Anchorage. Supplement to the Anchorage and 
Fairbanks plans revisions to section III.A (Areawide Pollutant Control 
Program, Statewide Transportation Control Program) and a new State 
Regulation 18 AAC Chapter 52 (Emissions Inspection and Maintenance 
Requirements for Motor Vehicles) were submitted on May 31, 1985.
    (i) Incorporation by reference.
    (A) May 31, 1985 letter from the State of Alaska to EPA, and State 
Regulation 18 AAC 52 (Emissions Inspection and Maintenance Requirements 
for Motor Vehicles) as filed by the Commissioner for the State of Alaska 
on May 19, 1985.
    (B) Page section III.B.8-3 of the Anchorage Transportation Control 
Program, Alaska Air Quality Control Plan, revised June 1, 1985 
(emissions and air quality projections for Anchorage with vehicle 
inspection and maintenance program).
    (C) Table C.6.a of the Fairbanks Transportation Control Program, 
Alaska Air Quality Control Plan [reasonable further progress required 
reductions for Fairbanks] (page section III.C.6-2) revised November 20, 
1982.
    (ii) Other material.
    (A) Section III.A Statewide Transportation Control Program.
    (B) Section III.B Anchorage Transportation Control Program.
    (C) Section III.C Fairbanks Transportation Control Program.
    (D) The I/M Program Design for the Fairbanks North Star Borough 
dated October 25, 1984.
    (E) The I/M Program Design for the Municipality of Anchorage dated 
1984.
    (13) On June 26, 1987, the State of Alaska Department of 
Environmental Conservation submitted Section III.B.10-1 through 
III.B.10-6 (Anchorage Air Pollution Episode Curtailment Actions); 
Section III.C.10-1 through III.C.10-9 (Fairbanks Emergency Episode 
Prevention Plan); and minor modifications to Section III.C.5-7 
(Fairbanks Inspection and Maintenance Program Design).
    (i) Incorporation by Reference.

[[Page 70]]

    (A) June 26, 1987 letter from the State of Alaska Department of 
Environmental Conservation to EPA Region 10.
    (B) Section III.B.10-1 through III.B.10-6 of Volume II (Anchorage 
Air Pollution Episode Curtailment Actions) as adopted as an ordinance by 
the Anchorage Assembly on September 9, 1986.
    (C) Section III.C.10-1 through III.C.10-9 of Volume II (Fairbanks 
Emergency Episode Prevention Plan) as adopted as an ordinance by the 
Assembly of the Fairbanks North Star Borough on December 19, 1985.
    (D) Page number Section III.C.5-7 of Volume II (Fairbanks Inspection 
and Maintenance Design). This new page supercedes the current page 
number Section III.C.5-7 of the Alaska Air Quality Control Plan as 
adopted by the Alaska Department of Environmental Conservation on June 
26, 1987.
    (14) On June 26, 1987, the Commissioner of the Alaska Department of 
Environmental Conservation submitted revised rules regulating the height 
of stacks and the use of dispersion techniques, specifically revisions 
to 18 AAC 50.400(a), 18 AAC 50.530(c), 18 AAC 50.900(16), 18 AAC 
50.900(20), 18 AAC 50.900(23), and 18 AAC 50.900.(29), and the deletion 
of 18 AAC 50.900(17).
    (i) Incorporation by Reference.
    (A) June 26, 1987 letter from the State of Alaska Department of 
Environmental Conservation to EPA, Region 10.
    (B) August 11, 1987 letter from the State of Alaska Department of 
Environmental Conservation to EPA, Region 10.
    (C) 18 AAC 50.400(a) and 18 AAC 50.900 (16), (20), (23), and (29) as 
adopted by the State of Alaska Department of Environmental Conservation 
on December 31, 1986.
    (15) On September 12, 1988, the State of Alaska Department of 
Environmental Conservation submitted revisions to AAC 18 Chapter 52 
(Emission Inspection and Maintenance Requirements for Motor Vehicles). 
Those sections amended through June 2, 1988, are: 18 AAC 51.010 [Purpose 
and General Requirements] (a)(3), (b), (d), (e), and (g); 18 AAC 52.020 
[Vehicles Subject to this Chapter] (1); 18 AAC 52.070 [Waivers] (5)(A) 
through (C); and 18 AAC 52.900 [Definitions] (14).
    (i) Incorporation By Reference.
    (A) September 12, 1988 letter from the State of Alaska Department of 
Environmental Conservation to EPA Region 10.
    (B) Chapter 52 [Emissions Inspection and Maintenance Requirements 
for Motor Vehicles] section 52.010 [Purpose and General Requirements 
(a)(3), (b), (d), (e), and (g); section 52.020 [Vehicles Subject to This 
Chapter] (1); section 52.070 [Waivers] (5)(A) through (C); and section 
52.900 [Definitions] (14) as adopted by the State of Alaska Department 
of Environmental Conservation on March 10, 1988.
    (16) On September 12, 1988, the State of Alaska Department of 
Environmental Conservation submitted revisions to the State of Alaska 
state implementation plan. Specifically pages IV.F.1-1 through IV.F.1-8 
of section IV.F ``Project Review Procedures'' and amendments to title 
18, chapter 50, sections 050(a)(4), 050(b), 050(d)(1), 300(a)(5)(C), 
300(a)(6)(C), 300(a)(7), 300(c), 300(g), 500(d), 510(a), 520(a), 520(b), 
and 620 of the Alaska Administrative Code.
    (i) Incorporation By Reference. (A) September 12, 1988, letter from 
the State of Alaska Department of Environmental Conservation to EPA 
Region 10 submitting a revision to the Alaska state implementation plan.
    (B) Vol. II, Analysis of Problems, Control Actions, Pages IV.F.1-1 
through IV.F.1-8 of section IV.F, ``Project Review Procedures,'' revised 
June 2, 1988.
    (C) Title 18, chapter 50, (Air Quality Control) section 050 
(Industrial Processes and Fuel Burning Equipment) (a)(4), 050(b), 
050(d)(1), 300 (Permit to Operate) (a)(5)(C), 300(a)(6)(C), 300(a)(7), 
300(c), 300(g), 500 (Source Testing) (d), 510 (Ambient Analysis Methods) 
(a), 520 (Emission and Ambient Monitoring) 520(a), 520(b), and 620 (Air 
Quality Control Plan) of the Alaska Administrative Code as adopted by 
the State of Alaska Department of Environmental Conservation on March 
10, 1988 and effective on June 2, 1988.
    (17) On October 17, 1991, the State of Alaska Department of 
Environmental

[[Page 71]]

Conservation submitted a PM10 nonattainment area state 
implementation plan for Eagle River, Alaska.
    (i) Incorporation by reference.
    (A) October 15, 1991 letter from Alaska Department of Environmental 
Conservation to EPA Region 10 submitting the PM10 nonattainment 
area state implementation plan for Eagle River, Alaska.
    (B) The PM10 nonattainment area state implementation plan for 
Eagle River, Alaska, as adopted by the Anchorage Assembly on February 6, 
1990 and effective on September 24, 1991.
    (18) On June 22, 1993, the Governor of the State of Alaska submitted 
revised rules to satisfy certain Federal Clean Air Act requirements for 
an approvable moderate PM10 nonattainment area SIP for Mendenhall 
Valley, Alaska. Also included in this SIP were PM10 contingency 
measures for the Mendenhall Valley. On January 21, 1992, a supplement to 
the existing Eagle River PM10 control plan was submitted by ADEC to 
EPA and certified on March 8, 1993, by the Lieutenant Governor of 
Alaska.
    (i) Incorporation by reference.
    (A) June 22, 1993, letter from the Governor of the State of Alaska 
to EPA, Region 10, submitting the moderate PM10 nonattainment area 
SIP for Mendenhall Valley, Alaska.
    (B) The Control Plan for Mendenhall Valley of Juneau, effective July 
8, 1993.
    (C) August 25, 1993, letter from ADEC showing, through enclosures, 
the permanent filing record for the supplement to the existing Eagle 
River PM10 control plan. The Lieutenant Governor certified the 
supplement on March 8, 1993.
    (D) The January 21, 1992, supplement to the existing Eagle River 
PM10 control plan, effective April 7, 1993. Also included is an 
August 27, 1991 Municipality of Anchorage memorandum listing the 1991 
capital improvement project priorities and an October 11, 1991, 
Muncipality of Anchorage memorandum summarizing the supplement to the 
existing PM10 control plan.
    (19) The Environmental Protection Agency (EPA) takes action on and/
or approves regulations from three submittals received from the ADEC on 
July 17, 1990, October 15, 1991 and on March 24, 1994, which pertain to 
correcting SIP deficiencies in the CFR; amendments to regulations 
dealing with Air Quality Control, 18 AAC 50, for inclusion into Alaska's 
SIP; and additional amendments to 18 AAC 50, Air Quality Control, for 
inclusion into Alaska's SIP to assure compliance with new source review 
permitting requirements for sources located in nonattainment areas for 
either carbon monoxide or particulate matter.
    (i) Incorporation by reference.
    (A) July 17, 1990 letter from ADEC to EPA requesting correction for 
findings of SIP deficiency in 40 CFR Part 52, and including the version 
of Alaska Statutes, ``Title 46. Water, Air, Energy, and Environmental 
Conservation,'' in effect at the time of the July 17, 1990 letter, of 
which Sections 46.03.020, 46.03.030, 46.03.032, and 46.03.715, amended 
in 1987, were the most recently amended of the enclosed statutes.
    (B) October 15, 1991 letter from ADEC to EPA, and including 
amendments to regulations and the State Air Quality Control Plan to 
assure compliance with national ambient air quality standards for 
particulate matter; the Order Amending Regulations of the Department of 
Environmental Conservation, effective July 21, 1991; and the following 
Alaska Administrative Code, 18 AAC 50, Air Quality Control Regulations: 
(50.020; 50.085; 50.100; 50.300; 50.400; 50.510, 50.520, 50.610, and 
50.900), effective July 21, 1991, Register 119.
    (C) March 24, 1994 letter from Walter J. Hickel, Governor of Alaska, 
to Chuck Clarke, Regional Administrator of EPA, and including amendments 
to 18 AAC 50, State Air Quality Control Plan; the Order Adopting and 
Amending Regulations of the Department of Environmental Conservation, 
effective April 23, 1994, Register 130; and the amendments to 18 AAC 50 
(50.021, 50.300(a)(7) and (a)(8), 50.300 (d), (e), and (g), 
50.400(a)(1)(A), 50.400(c)(3)(B)(ii), 50.400(c)(4), 50.400(d)(4), and 
50.620), State Air Quality Control Plan, found in Volume III: 
Appendices, Modifications to Section III.A, effective April 23, 1994, 
Register 130.
    (20) On April 18, 1994, the Commissioner of the Alaska Department of 
Environmental Conservation (ADEC) submitted ``The Alaska Air Quality 
Small

[[Page 72]]

Business Assistance Program State Air Quality Control Plan Amendment,'' 
adopted April 8, 1994, as a revision to the Alaska SIP.
    (i) Incorporation by reference.
    (A) Letter dated April 8, 1994, from the Commissioner of ADEC to the 
Regional Administrator of EPA, submitting ``The Alaska Air Quality Small 
Business Assistance Program State Air Quality Control Plan Amendment'' 
to EPA; the Alaska Air Quality Small Business Assistance Program State 
Air Quality Control Plan Amendment (which includes Appendix A the Alaska 
Statutes Title 46, Chapter 14, Article 3), dated April 1994, and adopted 
April 8, 1994.
    (ii) Additional information.
    (A) Letter dated July 24, 1995, from Alaska Department of 
Environmental Conservation, submitting information necessary for 
approval of the SBAP revision to EPA; the July 1995 SBAP Update, 
Responses to EPA Comments, and the Air Quality/Small Business Assistance 
Compliance Advisory Panel Board Information.
    (21) On July 11, 1994 ADEC submitted a SIP revision for a basic 
motor vehicle inspection and maintenance (I/M) program in the 
Municipality of Anchorage (MOA) and the Fairbanks North Star Borough 
(FNSB).
    (i) Incorporation by reference.
    (A) July 11, 1994 letter from the Governor of Alaska to the Regional 
Administrator of EPA submitting Alaska's amendments to the Air Quality 
Control Plan and to 18 AAC 52, Emissions Inspection and Maintenance 
Requirements for Motor Vehicles; the amendments to 18 AAC 52 (52.005, 
.015, .020, .030, .035, .040, .045, .050, .055, .060, .065, .070, .075, 
.080, .085, .090, .095, .100, .105, .400, .405, .410, .415, .420, .425, 
.430, .440, .445, .500, .505, .510, .515, .520, .525, .527, .530, .535, 
.540, .545, .550, and .990), effective February 1, 1994; and the State 
Air Quality Control Plan, Vol. II: Analysis of Problems, Control 
Actions, Modifications to Section I, June 9, 1994; Vol. II: Analysis of 
Problems, Control Actions, Modifications to Section I, II, III and V, 
adopted January 10, 1994; Vol. III: Appendices, Modifications to Section 
III.A, June 9, 1994; Vol. III: Appendices, Modifications to Section 
III.B, June 9, 1994; and Vol. III: Appendices, Modifications to Section 
III.C, June 9, 1994.
    (22) On March 24, 1994, ADEC submitted a revision to its SIP for the 
State of Alaska addressing the attainment and maintenance of the 
National Ambient Air Quality Standards for carbon monoxide in the 
Anchorage carbon monoxide nonattainment area.
    (i) Incorporation by reference.
    (A) March 24, 1994 letter from Alaska Governor Walter Hickel to EPA 
Regional Administrator Chuck Clarke including as a revision to the SIP 
the State of Alaska, Department of Environmental Conservation, 18 AAC 
53, ``Fuel Requirements for Motor Vehicles,'' (Article 1, 18 AAC 
53.005--18 AAC 53.190 and Article 9, 18 AAC 53.990) with amendments 
adopted through March 19, 1994.
    (23) On March 24, 1994, ADEC submitted a SIP revision to EPA to 
satisfy the requirements of sections 187(a)(2)(A) and 187(a)(3) of the 
CAA, forecasting and tracking VMT in the Anchorage area.
    (i) Incorporation by reference.
    (A) March 24, 1994 letter from the Alaska Governor to the EPA 
Regional Administrator including as a revision to the SIP the VMT 
requirement in the Anchorage area, contained in ADEC's State Air Quality 
Control Plan, Volume III: Appendices, Modifications to Section III.B.6, 
III.B.8, III.B.10 and III.B.11, adopted January 10, 1994; and further 
description on pages 10-14, 57-60 and 69-75 contained in ADEC's State 
Air Quality Control Plan, Volume III: Appendices, Modifications to 
Section III.B, III.B.1, and III.B.3, adopted January 10, 1994.
    (24) On December 5, 1994 the Alaska Department of Environmental 
Conservation sent EPA revisions for inclusion into Alaska's SIP that 
address transportation and general conformity regulations as required by 
EPA under the CAA.
    (i) Incorporation by reference.
    (A) December 5, 1994 letter from the Governor of Alaska to EPA, 
Region 10, submitting amendments addressing transportation and general 
conformity revisions to the SIP:
    (1) Regulations to 18 AAC 50, Air Quality Control, including Article 
5, Procedure and Administration, 18 AAC

[[Page 73]]

620; Article 6, Reserved; Article 7, Conformity, 18 AAC 50.700-18 AAC 
50.735; Article 8, Reserved; and Article 9, General Provisions, 18 AAC 
50.900, all of which contain final edits (23 pages total) by the Alaska 
Department of Law, were filed by the Lieutenant Governor on December 5, 
1994 and effective on January 4, 1995.
    (2) Amendments to the Alaska State Air Quality Control Plan, 
``Volume II: Analysis of Problems, Control Actions,'' as revised on 
December 1, 1994, adopted by reference in 18 AAC 50.620, containing 
final edits by the Alaska Department of Law, all of which were certified 
by the Commissioner of Alaska to be the correct plan amendments, filed 
by the Alaska Lieutenant Governor on December 5, 1994 and effective on 
January 4, 1995.
    (25) On March 24, 1994, ADEC submitted a revision to its SIP for the 
State of Alaska addressing the attainment and maintenance of the NAAQS 
for CO in the Anchorage CO nonattainment area.
    (i) Incorporation by reference.
    (A) March 24, 1994 letter from the Alaska Governor to the EPA 
Regional Administrator including as a revision to the SIP the State of 
Alaska, Department of Environmental Conservation, 18 AAC 53, ``Fuel 
Requirements for Motor Vehicles,'' (Article 1, 18 AAC 53.005--18 AAC 
53.190 and Article 9, 18 AAC 53.990, with the exception of 18 AAC 
53.010(c)(2)), filed March 24, 1994 and effective on April 23, 1994.
    (26) Submittal to EPA from the ADEC of CO contingency measure for 
Fairbanks, AK.
    (i) Incorporation by reference.
    (A) Letter dated July 12, 1995 from the Commissioner of the ADEC to 
the EPA Regional Administrator submitting its repair technician and 
certification program element found in State regulation 18 AAC 52.400-
410, effective June 24, 1994.

[37 FR 10848, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 52.70, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.



Sec. 52.71   Classification of regions.

    The Alaska plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control Region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Cook Inlet Intrastate.....................................           I        III       III         I       III.
Northern Alaska Intrastate................................           I        III       III         I       III.
South Central Alaska Intrastate...........................         III        III       III       III       III.
Southeastern Alaska Intrastate............................         III        III       III       III       III.
----------------------------------------------------------------------------------------------------------------

[37 FR 10848, May 31, 1972, as amended at 48 FR 30625, July 5, 1983]



Sec. 52.72  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Alaska's plan for the attainment and maintenance of the 
national standards. The State included in the plan a regulation 
prohibiting idling of unattended motor vehicles. However, the plan 
stated that this regulation was included for informational purposes 
only, and was not to be considered part of the control strategy to 
implement the national standards for carbon monoxide. Accordingly, this 
regulation is not considered a partof the applicable plan.

[37 FR 15080, July 27, 1972]
Secs. 52.73-52.74  [Reserved]



Sec. 52.75  Contents of the approved state-submitted implementation plan.

    The following sections of the State Air Quality Control Plan (as 
amended on the dates indicated) have been approved and are part of the 
current State Implementation Plan:

[[Page 74]]

             Volume II: Analysis of Problems, Control Action

                          Section I Background

A. Introduction (7/1/82)
B. Air Quality Control Regions (7/1/82)
C. Attainment/ Nonattainment Designations (7/1/83)

         Section II State Air Quality Control Program (11/1/83)

             Section III Areawide Pollutant Control Program

A. Statewide Transportation Control Program (6/1/85)
B. Anchorage Transportation Control Program (6/1/85), except B.10.1 
          through 10.6 Anchorage Air Pollution Curtailment Actions (6/
          26/87)
C. Fairbanks Transportation Control Program (6/1/85), except C.10.1 
          through 10.9 Fairbanks Emergency Episode Prevention Plan (6/
          26/87)
D. Total Suspended Particulate Matter (7/1/82)
E. Ice Fog (7/1/82)
F. Open Burning (10/30/83)
G. Wood Smoke Pollution Control (7/1/83)
H. Lead Pollution Control (7/1/83)

                 Section IV Point Source Control Program

A. Summary (10/30/83)
    1. Annual Review Report (10/30/83)
B. State Air Quality Regulations (10/30/83)
C. Local Programs (10/30/83)
D. Description of Source Categories And Pollutants
    1. Typical Point Sources (10/30/83)
    2. Summary of Major Emitting Facilities (10/30/83)
E. Point Source Control 1. Introduction (10/30/83)
F. Facility Review Procedures
    1. Project Review Procedures (6/02/88) Who needs a permit? (10/30/
83, 6/02/88)
    2. Standard Application Procedures (10/30/83)
    3. PSD Application Procedures (10/30/83)
    Preliminary report and meeting (10/30/83)
    Pre-construction monitoring (10/30/83) PSD application format (10/
30/83)
    4. Nonattainment Application Procedures (10/30/83)
G. Application Review and Permit Development (10/30/83)
    1. Application Review (10/30/83)
    2. Permit Development Requirements (10/30/83)
    Monitoring and Testing Requirements (10/30/83)
    Ambient Monitoring (10/30/83)
    Continuous Emissions Monitoring (10/30/83)
    Source Testing (10/30/83)
    3. Prevention of Significant Deterioration Review (10/30/83)
    Basis of Program (10/30/83)
    PSD Regulations (10/30/83)
    PSD Analysis (10/30/83)
    4. Nonattainment Area Review (10/30/83)
    5. New Source Performance Standards Source Review (10/30/83)
    6. Visibility Review (10/30/83)
    7. Sources under EPA Review (10/30/83)
H. Permit Issuance Requirements (10/30/83)

                    Section V Ambient Air Monitoring

A. Purpose (7/1/82)
B. Completed Air Monitoring Projects (7/1/82)
    1. Carbon Monoxide (7/1/82)
    2. Nitrogen Oxides (7/1/82)
    3. Sulfur Dioxide (7/1/82)
    4. Ozone (7/1/82)
    5. Total Suspended Particulates (TSP) (7/1/82)
    6. Lead (7/1/82)
C. Air Monitoring Network (7/1/82)
    1. Network Description (7/1/82)
    2. Station Designations (7/1/82)
    3. Air Quality Monitoring Procedures (7/1/82)
    4. Ambient Sampling for Specific Pollutants (7/1/82)
E. Annual Review (7/1/82)

                         Volume III. Appendices

              Section II State Air Quality Control Program

II.A. State Air Statues, except Section 46.03.170 (11/15/83)
    State Attorney General Opinions on Legal Authority--(2/29/72, 2/29/
80)
Title 18--Environmental Conservation, Chapter 50--Air Quality Control 
          (10/30/83), (6/7/87), (6/2/88)
Title 18--Environmental Conservation, Chapter 52--Emissions Inspections 
          and Maintenance Requirements for Motor Vehicles (5/19/85), 
          except
    18 AAC 52.010 (3), (3b), (3d), (3e), and (3g) (5/19/85)
    18 AAC 52.020 (1) (5/19/85)
    18 AAC 52.070 (5) (A)-(C) (5/19/85)
    18 AAC 52.900 (14) (5/19/85)
II.B. Municipality of Anchorage/Cook Inlet ADEC Agreements (11/15/83)
II.C. Fairbanks North Star Borough Ordinances, except Section 8.04.070/
          FNSB & ADEC Agreements (11/15/83)

             Section III Areawide Pollutant Control Program

III.B.3-a Anchorage Graphs of Highest and Second Highest CO readings for 
          Each Site (11/15/83)
III.B.5-a Anchorage Traffic Improvements (11/15/83)
III.B.5-b Anchorage Contingency Plan (11/15/83)
III.B.5-c Anchorage Transit Ridership (11/15/83)

[[Page 75]]

III.B.8-a Anchorage Graphs of Projected CO Concentrations for Each Site 
          (11/15/83)
III.G Ordinance of the City and Borough of Juneau (10/6/83)
III.H Support Documents for Lead Plan (11/15/83)

                 Section IV Point Source Control Program

IV.1 PSD Area Classification and Reclassifications (11/15/83)
    A. Class I Area Boundaries (11/15/83)
    B. Areas Protected from Visibility Degradation (11/15/83)
    C. Reclassification (11/15/83)
    1. Limitations on PSD Reclassification (11/15/83)
    2. PSD Reclassification Procedures (11/15/83)
IV.2 Compliance Assurance (11/15/83)
IV.3 Testing Procedures (11/15/83)

                    Section V Ambient Air Monitoring

ADEC Ambient Analysis Procedures (11/15/83)

[56 FR 19287, Apr. 26, 1991]
Secs. 52.76--52.81  [Reserved]



Sec. 52.82  Extensions.

    The Administrator, by authority delegated under section 186(a)(4) of 
the Clean Air Act, as amended in 1990, hereby extends for one year 
(until December 31, 1996) the attainment date for the MOA, Alaska CO 
nonattainment area.

[61 FR 33678, June 28, 1996]

    Effective Date Note:  At 61 FR 33678, June 28, 1996, Sec. 52.82 was 
revised, effective Aug. 27, 1996. For the convenience of the user, the 
superseded text is set forth as follows:
Sec. 52.82  Extensions.
    The Administrator, by authority delegated under section 188(d) of 
the Clean Air Act, as amended in 1990, hereby extends for one year 
(until December 31, 1995) the attainment date for the Mendenhall Valley, 
Alaska, PM-10 nonattainment area.

[60 FR 47280, Sept. 12, 1995]
Secs. 52.83--52.95  [Reserved]



Sec. 52.96  Significant deterioration of air quality.

    (a) The State of Alaska Department of Environmental Conservation Air 
Quality Control Regulations as in effect on June 2, 1988 (specifically 
18 AAC 50.020, 50.021, 50.300, 50.400, 50.510, 50.520, 50.530, 50.600, 
50.620, and 50.900) and the State air quality control plan as in effect 
on June 2, 1988 (specifically, Section I.B. AIR QUALITY CONTROL REGIONS, 
Section I.C. ATTAINMENT/NONATTAINMENT DESIGNATIONS, Section I.D. 
PREVENTION OF SIGNIFICANT DETERIORATION DESIGNATIONS, Section IV.F. 
FACILITY REVIEW PROCEDURES, Section IV.G APPLICATION REVIEW AND PERMIT 
DEVELOPMENT, Section IV.H PERMIT ISSUANCE REQUIREMENTS, Appendix IV.1. 
PSD area Classification and Reclassification, and Appendix V ADEC 
Ambient Analysis Procedures), are approved as meeting the requirements 
of part C for preventing significant deterioration of air quality.
    (b) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for Indian reservations since the plan does not include 
approvable procedures for preventing the significant deterioration of 
air quality on Indian reservations and, therefore, the provisions of 
Sec. 52.21 (b) through (w) are hereby incorporated and made part of the 
applicable reservation in the State of Alaska.

[48 FR 30626, July 5, 1983, as amended at 56 FR 19288, Apr. 26, 1991]



                           Subpart D--Arizona



Sec. 52.120   Identification of plan.

    (a) Title of plan: ``The State of Arizona Air Pollution Control 
Implementation Plan.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Letter of intent to revise plan submitted on March 1, 1972, by 
the Arizona State Board of Health.
    (2) Letter of intent to revise plan submitted on March 2, 1972, by 
the Governor.
    (3) Revised implementation plan submitted on May 30, 1972, by the 
Governor.
    (4) Transportation control plan submitted on April 11, 1973, by the 
Governor.
    (5) Amendments (Non-regulatory) to the transportation control plan 
submitted on May 10, 1973, by the Governor.
    (6) Arizona Air Pollution Control Regulations (numbers in 
parentheses indicate recodification of regulations

[[Page 76]]

as identified in the Arizona State Implementation Plan Semi-Annual 
Report submitted to EPA on September 4, 1975).

7-1-1.1 (R9-3-101)  (Policy and Legal Authority)
7-1-1.3 (R9-3-103)  (Air Pollution Prohibited)
7-1-1.5 (R9-3-105)  (Enforcement)
7-1-4.3 (R9-3-403)  (Sulfur Emissions: Sulfite Pulp Mills)
7-1-4.4 (R9-3-404)  (Sulphur Emissions: Sulfuric Acid Plants)
7-1-4.5 (R9-3-405)  (Sulphur Emissions: Other Industries)
7-1-5.1 (R9-3-501)  (Storage of Volatile Organic Compounds)
7-1-5.2 (R9-3-502)  (Loading of Volatile Organic Compounds)
7-1-5.3 (R9-3-503)  (Organic Compound Emissions: Pumps and Compressors)
7-1-5.4 (R9-3-504)  (Organic Solvents)
7-1-6.1 (R9-3-601)  (Carbon Monoxide Emissions: Industrial)
7-1-7.1 (R9-3-701)  (Nitrogen Oxide Emissions: Fuel Burning 
          Installations)
7-1-7.2 (R9-3-702)  (Nitrogen Oxide Emissions: Nitric Acid Plants
7-1-8.3 (R9-3-803)  (New Installations)

    Submitted on August 20, 1973.
    (7) Revised transportation control plan submitted on September 11, 
1973, by the Governor.
    (8) Letter supplementing the revised transportation control plan 
encouraging mass transit, carpooling, etc., submitted on September 21, 
1973, by the Governor.
    (9) Letter supplementing the revised transportation control plan 
encouraging mass transit, carpooling, etc., submitted on October 2, 
1973, by the Governor.
    (10) Maricopa County Air Pollution Control District Regulation III, 
Rule 31 (Particulate Matter Emissions) submitted on January 28, 1974.
    (11) Arizona Air Pollution Control Regulation 7-1-1.7 (R9-3-107) 
(Unlawful open burning) submitted on February 19, 1974.
    (12) Pima County Air Pollution Control District Regulation II, Rule 
2 (Particulate matter emissions) submitted on March 19, 1974.
    (13) Air quality maintenance area designation analysis submitted on 
April 17, 1974, by the Arizona Department of Health Services.
    (14) Arizona Air Pollution Control Regulations:

7-1-2.10 (R9-3-210)  (Emergency Episode Criteria)
7-1-4.2 (R9-3-402)  (Sulfur Emissions: Fuel Burning Installations)

    Submitted on August 30, 1974.
    (15) Arizona Air Pollution Control regulations 7-1-8.1 (R9-3-801) 
(Original State jurisdiction); 7-1-8.2 (R9-3-802) (Assertions of 
jurisdiction); 7-1-8.3 (R9-3-803) (Delegation of authority); 7-1-11.3 
(R9-3-1203) (Suspension and revocation of permits); 7-1-11.4 (R9-3-1204) 
(Permits non-transferable); 7-1-11.5 (R9-3-1205) (Posting of permits); 
7-1-11.6 (R9-3-1206) (Notice by permit agencies); 7-1-11.7 (R9-3-1207) 
(Equipment covered); 7-1-11.9 (R9-3-1209) (Permit Fees); and 7-1-1.4 
(R9-3-104) (Recordkeeping and reporting) submitted September 27, 1974.
    (16) Assertion of State Jurisdiction over Apache, Navajo, Santa Cruz 
and Yavapai Counties; Assertion of State Jurisdiction over Cochise 
County; and Assertion of State Jurisdiction over specific sources in 
Mohave County.
    Submitted on February 3, 1975.
    (17) Amendments to the Rules and Regulations of the Pima County Air 
Pollution Control District (Regulation I: Rules 2, 4D, 4E, 4J, 8G, 16C, 
29, and 30) submitted on February 20, 1975, by the Director, Arizona 
Department of Health Services (the Governor's official representative).
    (18) Air pollution control regulations for various counties 
submitted by the Governor on July 1, 1975, as follows:
    (i) Coconino County Air Pollution Control Regulations.

12-1-1  (Legal Authority)
12-1-2  (Definitions)
12-1-3  (Air Pollution Prohibited)
12-2-2  (Operating Permits)
12-2-4  (Permit Fees)
12-2-5  (Permit Renewals)
12-2-7  (Testing of Installations)
12-2-8  (Compliance with Terms of Installation Permit)
12-2-9  (Notification of Denial of Permit)
12-2-10  (Appeals to the Hearing Board)
12-2-11  (Permits Not Transferable)
12-2-12  (Expiration of Installation Permit)
12-2-13  (Posting of Permits)
12-3-1  (Ambient Air Quality Standards)
12-3-2  (Emission Standards)
12-3-3  (Reporting of Emissions)
12-3-4  (Production of Records: Confidentiality)
12-3-5  (Monitoring Devices)
12-3-6  (Penalty for Violation)

[[Page 77]]

12-4-1  (Shade, Density, or Opacity of Emissions)
12-4-2  (Dust Control)
12-4-3  (Processing of Animal or Vegetable Matter)
12-4-4  (Volatile and Odorous Materials)
12-4-5  (Storage and Handling of Petroleum Products)
12-5-1  (Permit Required)
12-5-2  (Performance Tests: Permit Tags)
12-5-3  (Emission Limitations)
12-5-4  (Authority of Other Public Agencies)
12-6-1  (Unlawful Open Burning)
12-6-2  (Exceptions Requiring no Permission)
12-6-3  (Exceptions Requiring Permission)
12-6-4  (Exceptions Under Special Circumstances)
12-7-1  (Misdemeanor: Penalty)
12-7-2  (Order of Abatement)
12-7-3  (Hearings on Orders of Abatement)
12-7-5  (Notice of Hearing; Publication; Service)
12-7-6  (Injunctive Relief)

    (ii) Mohave County Air Pollution Control Regulations.

Sec. 1, Reg. 1  (Policy and Legal Authority)
Sec. 1, Reg. 2  (Definitions)
Sec. 1, Reg. 3  (Air Pollution Prohibited)
Sec. 1, Reg. 4  (Enforcement)
Sec. 2, Reg. 1  (Shade, Density or Opacity of Emissions)
Sec. 2, Reg. 2  (Particulate Matter)
Sec. 2, Reg. 3  (Reduction of Animal or Vegetable Matter)
Sec. 2, Reg. 4  (Evaporation and Leakage)
Sec. 2, Reg. 5  (Storage Tanks)
Sec. 3, Reg. 1  (Particulate Matter from Fuel Burning Installations)
Sec. 3, Reg. 2  (Particulate Matter from Other Sources)
Sec. 3, Reg. 3 (Sulfur from Primary Copper Smelters)
Sec. 3, Reg. 4  (Ground Level Concentrations)
Sec. 3, Reg. 5  (Exceptions)
Sec. 3, Reg. 6  (Incinerators)
Sec. 4, Reg. 1 and Reg. 2  (Responsibility and Requirements of Testing)
Sec. 5, Reg. 1  (Open Fires: Prohibition and Exceptions)
Sec. 6, Reg. 1  (Sulfur Dioxide)
Sec. 6, Reg. 2  (Non-Specific Particulate)
Sec. 6, Reg. 3  (Evaluation)
Sec. 6, Reg. 4 (Anti-Degradation)
Sec. 7  (Violations)

    (iii) Yuma County Air Pollution Control Regulations.

8-1-1.1  (Policy and Legal Authority)
8-1-1.2  (Definitions)
8-1-1.3  (Air Pollution Prohibited)
8-1-1.4  (Recordkeeping and Reporting)
8-1-1.5  (Enforcement)
8-1-1.6  (Exceptions)
8-1-2.1  (Non-Specific Particulate)
8-1-2.2  (Sulfur Dioxide)
8-1-2.3  (Non-Methane Hydrocarbons)
8-1-2.4  (Photochemical Oxidants)
8-1-2.5  (Carbon Monoxide)
8-1-2.6  (Nitrogen Dioxide)
8-1-2.7  (Evaluation)
8-1-2.10  (Emergency Episode Criteria)
8-1-3.1  (Visible Emissions; General)
8-1-3.2  (Fugitive Dust)
8-1-3.3  (Particulates--Incineration)
8-1-3.4  (Particulates--Wood Waste Burners)
8-1-3.5  (Particulates--Fuel Burning Equipment)
8-1-3.6  (Particulates--Process Industries)
8-1-4.2  (Fuel Burning Installations)
8-1-4.3  (Sulfur Emissions--Sulfite Pulp Mills)
8-1-4.4  (Sulfur Emissions--Sulfuric Acid Plants)
8-1-4.5  (Sulfur Emissions--Other Industries)
8-1-5.1  (Storage of Volatile Organic Compounds)
8-1-5.2  (Loading of Volatile Organic Compounds)
8-1-5.3  (Pumps and Compressors)
8-1-5.4  (Organic Solvents; Other Volatile Compounds)
8-1-6.1  (CO2 Emissions--Industrial)
8-1-7.1  (NO2 Emissions--Fuel Burning Equipment)
8-1-7.2  (NO2 Emissions--Nitric Acid Plants)
8-1-8.1  (Open Burning--Prohibition)
8-1-8.2  (Open Burning--Exceptions)

    (iv) Pinal-Gila Counties Air Pollution Control Regulations.

7-1-1.1  (Policy and Legal Authority)
7-1-1.2  (Definitions)
7-1-1.3  (Air Pollution Prohibited)
7-1-2.2  (Permit Unit Description and Fees)
7-1-2.4  (Appeals to Hearing Board)
7-1-2.5  (Transfer: Posting: Expirations)
7-1-2.6  (Recordkeeping and Reporting)
7-1-2.7  (Enforcement)
7-1-2.8  (Exceptions)
7-1-4.1 and 7-1-4.2  (Orders of Abatement)
7-1-5.1  (Classification and Reporting: Production of Records: 
          Violation: and Penalty)
7-1-5.2  (Special Inspection Warrant)
7-1-5.3  (Decisions of Hearing Boards: Subpoenas)
7-1-5.4  (Judicial Review: Grounds: Procedures)
7-1-5.5  (Notice of Hearing: Publication: Service)
7-1-5.6  (Injunctive Relief)
7-2-1.1  (Non-Specific Particulate)
7-2-1.2  (Sulfur Dioxide)
7-2-1.3  (Non-Methane Hydrocarbons)
7-2-1.4  (Photochemical Oxidants)
7-2-1.5  (Carbon Monoxide)
7-2-1.6  (Nitrogen Dioxide)
7-2-1.7  (Evalution)
7-2-1.8  (Anti-Degradation)

[[Page 78]]

7-3-1.1  (Visible Emissions: General)
7-3-1.2  (Particulate Emissions--Fugitive Dust)
7-3-1.3  (Open Burning)
7-3-1.4  (Particulate Emissions--Incineration)
7-3-1.5  (Particulate Emissions--Wood-Waste Burners)
7-3-1.6  (Reduction of Animal or Vegetable Matter)
7-3-1.7  (Particulate Emissions--Fuel Burning Equipment)
7-3-1.8  (Particulate Emissions--Process Industries)
7-3-2.1 (Copper Smelters)
7-3-2.2  (SO2 Emissions--Fuel Burning Installations)
7-3-2.3  (SO2 Emissions--Sulfite Pulp Mills)
7-3-2.4  (SO2 Emissions--Sulfuric Acid Plants)
7-3-2.5  (Other Industries)
7-3-3.1  (Storage of Volatile Organic Compounds)
7-3-3.2  (Loading of Volatile Organic Compounds)
7-3-3.3  (Pumps and Compressors)
7-3-3.4  (Organic Solvents: Other Volatile Compounds)
7-3-4.1  (CO2 Emissions--Industrial)
7-3-5.1  (NO2 Emissions--Fuel Burning Equipment)
7-3-5.2  (NO2 Emissions--Nitric Acid Plants)
7-3-6.1  (Policy and Legal Authority)

    (19) Arizona Air Pollution Control Regulations:

R9-3-102  (Definitions)
R9-3-108  (Test Methods and Procedures)
R9-3-301  (Visible Emissions--General)
R9-3-302  (Particulate Emissions: Fugutive Dust)
R9-3-303  (Particulate Emissions: Incineration)
R9-3-304  (Particulate Emissions: Wood Waste Burners)
R9-3-305  (Particulate Emissions: Fuel Burning Equipment)
R9-3-307  (Particulate Emissions: Portland Cement Plants)
R9-3-308  (Particulate Emissions: Heater-Planers)

    Submitted on September 16, 1975.
    (20) Arizona Air Pollution Control Regulations R9-3-505 (Gasoline 
Volatility Testing); R9-3-506 (Gasoline Volatility Standards); R9-3-1001 
(Policy and Legal Authority); R9-3-1020 (State Stations Acting as Fleet 
Inspection Stations); any Fleet Inspection Stations for State Stations); 
submitted on January 23, 1976.
    (21) Amendments to the rules and Regulations of the Pima County Air 
Pollution Control District (Regulation I:

    Rule 2 (paragraph uu-yy, Definitions); regulation II (Fuel Burning 
Equipment): Rule 2G (paragraphs 1-4c, Particulate Emissions), Rule 7A 
(paragraphs 1-6, Sulfur Dioxide Emissions), Rule 7B (paragraphs 1-4, 
Nitrogen Oxide Emission); Regulation VI: Rule 1A-H, (Ambient Air Quality 
Standards); Regulation VII (paragraph A-D, Standards of Performance for 
New Stationary Sources); and Regulation VIII (paragraphs A-C, Emission 
Standards for Hazardous Air Pollutants)) submitted on September 30, 1976 
by the Director, Arizona Department of Health Services (the Governor's 
official representative).

    (22)--(23) [Reserved]
    (24) Arizona Air Pollution Control Regulations R9-3-1002 
(Definitions); R9-3-1003 (Vehicles To Be Inspected by the Mandatory 
Vehicular Emissions Inspection Program); R9-3-1004 (State Inspection 
Requirements); R9-3-1005 (Time of Inspections); R9-3-1006 (Mandatory 
Vehicular Emissions Inspection); R9-3-1007 (Evidence of Meeting State 
Inspection Requirements); R9-3-1008 (Procedure for Issuing Certificates 
of Waiver); R9-3-1010 (Low Emissions Tune Up); R9-3-1011 (Inspection 
Report); R9-3-1012 (Inspection Procedure and Fee); R9-3-1013 
(Reinspections); R9-3-1016 (Licensing of Inspectors); R9-3-1017 
(Inspection of Governmental Vehicles); R9-3-1018 (Certificate of 
Inspection); R9-3-1019 (Fleet Station Procedures and Permits); R9-3-1022 
(Procedure for Waiving Inspections Due to Technical Difficulties); R9-3-
1023 (Certificate of Exemption); R9-3-1025 (Inspection of State 
Stations); R9-3-1026 (Inspection of Fleet Stations); R9-3-1027 
(Registration of Repair Industry Analyzers); R9-3-1029 (Vehicle Emission 
Control Devices); and R9-3-1030 (Visible Emissions; Diesel-Powered 
Locomotives); submitted on February 11, 1977.
    (25) [Reserved]
    (26) Maricopa County Air Pollution Control District Regulation IV, 
rule 41, paragraph B (Continuously Monitoring and Recording Emissions) 
submitted on July 29, 1977.
    (27) The following amendments to the plan were submitted on January 
4, 1979 by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.


[[Page 79]]


    (A) R-9-3-101, A., Nos. 2, 3, 29, 41, 53, 55, 87, 88, 89, 91, 92, 
95, 100 and 117; R9-3-301, paragraphs D, J, and N; R9-3-306, paragraphs 
D and J; and R9-3-307, paragraphs C and E.
    (B) New or amended Rules R9-3-101 (Nos. 1, 4, 6, (a, c, and d), 8, 
9, 11, 13, 17 to 26, 28, 30 to 35, 37 to 40, 43 to 45, 48, 49, 54, 57 to 
59, 61 to 73, 77 to 80, 82, 83, 86, 90, 94, 96, 98, 101, 102, 104, 105, 
107 to 115, 118 to 120, 122, to 129, and 131), R9-3-217, R9-3-218, R9-3-
219, R9-3-308, R9-3-310 (Paragraph C), R9-3-311 (Paragraph A), R9-3-312, 
R9-3-313 (Paragraphs A.1, A.2.b, A.3, A.4, B to D.1, D.3, D.4.a to 
F.1.2.iii, F.1.b., and F.2.b. to F.4), R9-3-314 to R9-3-319, R9-3-402 to 
R9-3-404, R9-3-406, R9-3-407, R9-3-409, R9-3-410, R9-3-502 (Paragraphs 
B, C, C.2, and D to G), R9-3-503 (Paragraph A), R9-3-504 (Paragraphs B 
and C), R9-3-505 (Paragraphs A, B.1.b., B.2.b, and B.3 to D), R9-3-506 
(Paragraphs A.2, B, C.1.a to C.4), R9-3-507 (Paragraphs D to F), R9-3-
508 (Paragraphs A and C), R9-3-510 (Paragraphs B to E), R9-3-511 
(Paragraph B), R9-3-512 (Paragraph B), R9-3-513 (Paragraphs B and C), 
R9-3-514 (Paragraphs B and C), R9-3-516 (Paragraph B), R9-3-517 
(Paragraphs B and C), R9-3-518 (Paragraphs B and C), R9-3-519 
(Paragraphs A.2, A.3.a to A.3.c, A.3.e and B to C), R9-3-520 (Paragraphs 
B and C), R9-3-521 (Paragraphs B to D), R9-3-522 (Paragraphs A.1 to A.5, 
B and C), R9-3-523 (Paragraph B), R9-3-524 (Paragraphs C, D.1, D.2, D.4 
to G.5), R9-3-525 (Paragraphs B to D), R9-3-526, R9-3-527, R9-3-528 
(Paragraphs B to E and F.1 to F.4), R9-3-601 to R9-3-605, R9-3-1101, R9-
3-1102, Appendix 10 (Sections A10.1.3.3, A10.1.4. and A10.2.2 to 
A10.3.4.) and Appendix 11.

    (28) The following amendments to the plan were submitted on January 
18, 1979 by the Governor's designee.
    (i) Maricopa County Bureau of Air Pollution Control Rules and 
Regulations.

    (A) Rule 33, Storage and Handling of Petroleum Products.
    (B) New or amended Rules 21G and 41.

    (29) The following amendments to the plan were submitted on January 
23, 1979, by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.

    (A) Arizona Testing Manual for Air Pollutant Emissions (excluding 
Sections 2.0 and 5.0).

    (30) Redesignation of AQCR's in Arizona, submitted on January 26, 
1979, by the Governor.
    (31) Revisions to the Arizona Air Pollution Control Regulations 
submitted on March 21, 1979:

    R9-3-1002 (22,34); R9-3-1003 [A(A8-11),B,C]; R9-3-1005 [A, (A3)]; 
R9-3-1006 [A,(A1,2),B, (B2,3,4,5),D,E, (E1(c),2(c)),F,G, (G1,2), Table 
II]; R9-3-1008 [B,(B1,2,6,7)]; R9-3-1010 [A,(A3),C,D,F]; R9-3-1011 
[A,B,(B1,2,3)];R9-3-1012(b); R9-3-1014; R9-3-1017 [B,(B4), C, E]; R9-3-
1019 [A,B,D, D(1)(a)(i), D(1)(a)(ii)(6), D(1)(a)(iii), D(1)(c), 
D(1)(f)(11), H, (H1,2), I(I8,9,10,11,12,13), J, (J10), L, M, N, (N1,2)]; 
R9-3-(C,E); R9-3-1022(B); R9-3c-091023(A,B); R9-3-1027(F).

    (32) The following amendments to the plan were submitted on February 
23, 1979 by the Governor's designee.
    (i) Nonatainment Area Plan for Carbon Monoxide and Photochemical 
Oxidants, Maricopa County Urban Planning Area.
    (33) The Metropolitan Pima County Nonattainment Area Plan for CO was 
submitted by the Governor's designee on March 20, 1979.
    (34) The Metropolitan Pima County Nonattainment Area Plan for TSP 
was submitted by the Governor's designee on March 27, 1979.
    (35) The following amendments to the plan were submitted on April 
10, 1979, by the Governor's designee.
    (i) Yuma County Air Pollution Control District.

    (A) New or amended Rules 8-1-1.2 8-1-1.3 thru 8-1-1.6 and 8-1-1.8 
thru 8-1-1.13; 8-1-2.1 thru 8-1-2.6 and 8-1-2.8; 8-1-3.1 thru 8-1-3.6, 
8-1-3.7 (except paragraph ``F'') and 8-1-3.8 thru 8-1-3.20; and 
Appendices I and II.

    (36) The following amendments to the plan were submitted on July 3, 
1979 by the Governor's designee.
    (i) Revision to the Nonattainment Area Plan for Carbon Monoxide and 
Photochemical Oxidants, Maricopa County Urban Planning Area.
    (37) The following amendments to the plan were submitted on 
September 20, 1979 by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.

    (A) New or amended rule R9-3-515 (Paragraphs C.1.a. to C.1.h.; C.2; 
C.3, C.3.b., C.3.c., and C.3.h.; C.4.c. to C.4.g. and C.4.i.; C.5 and 
C.5.b. to C.5.d.; C.6.b.i. to C.6.b.iii., C.6.b.vi., C.6.b.vii., and 
C.6.c.; and C.8.).

    (ii) ``ASARCO Incorporated, Hayden Copper Smelter, State 
Implementation Plan Determination of Good Engineering Practice Stack 
Height,'' September 17, 1979, issued by ADHS.

[[Page 80]]

    (38) The following amendment to the plan were submitted on October 
9, 1979, by the Governor's designee.
    (i) Pima County Health Department.

    (A) New or amended Regulation 10:
    Rules 101-103; Regulation 11: Rules 111-113; Regulation 12: Rules 
121-123; Regulation 13: Rules 131-137; Regulation 14: Rules 141 and 143-
147; Regulation 15: Rule 151; Regulation 16: Rules 161-165; Regulation 
17: Rules 172-174; Regulatiotion 24: Rules 241 and 243-248; Regulation 
25: Rules 251 and 252; Regulation 30: Rules 301 and 302; Regulation 31: 
Rules 312-316 and 318; Regulation 32: Rule 321; Regulation 33: Rules 331 
and 332; Regulation 34: Rules 341-344; Regulation 40: Rules 402 and 403; 
Regulation 41: Rules 411-413; Regulation 50: Rules 501-503 and 505-507; 
Regulation 51: Rules 511 and 512; Regulation 60: Rule 601; Regulation 
61: Rule 611 (Paragraph A.1 to A.3) and Rule 612; Regulation 62: Rules 
621-624; Regulation 63: Rule 631; Regulation 64: Rule 641; Regulation 
70: Rules 701-705 and 706 (Paragraphs A to C, D.3, D.4, and E); 
Regulation 71: Rules 711-714; Regulation 72: Rules 721 and 722; 
Regulation 80: Rules 801-804; Regulation 81: Rule 811; Regulation 82: 
Rules 821-823; Regulation 90: Rules 901-904; Regulation 91: Rules 911 
(except Methods 13-A, 13-B, 14, and 15; and Rules 912, and 913; 
Regulation 92: Rules 921-924; and Regulation 93: Rules 931 and 932.
    (B) New or amended Regulation 17: Rule 171, paragraphs B.1, B.1.a, 
B.7, B.8, C.1.a, C.1.b, C.2.a, C.2.c, C.2.d, C.3.a, and E.1.b; 
Regulation 42: Rules 421, 422, 423, 424, 425, and 426; and Regulation 
50: Rule 504.

    (39) The following amendments to the plan were submitted on November 
8, 1979 by the Governor's designee.
    (i) Nonattainment Area Plan for Total Suspended Particulates, 
Maricopa County Urban Planning Area.
    (40) [Reserved]
    (41) The following amendments to the plan were submitted on February 
15, 1980, by the Governor's designee.
    (i) 1.0 Air Quality Surveillance Network.
    (42) The Technical Basis of New Source Review Regulations, Pima 
County, Arizona, February 6, 1980 (AQ-125-a) was submitted by the 
Governor's designee on February 28, 1980.
    (43) The following amendments to the plan were submitted on April 1, 
1980 by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.

    (A) R9-3-101, A., Nos. 7, 27, 46, 52, 54, 72, 73, 74, 81, 84, 85, 
86, 88, 89, 92, 96, 97, 98, 111, 117, 118, and 122; R9-3-301, paragraphs 
B-1, B-2, C, E, F, H, I, J, K, M, N, O, P, and Q; R9-3-302, (except 
paragraphs D, E, and I); R9-3-303; R9-3-306, paragraphs B-2, C-1, C-3, 
and C-5 to C-7, E, F, G-1, G-3, G-4, H, and I; and R9-3-307, paragraphs 
A, B, D, and F.
    (B) New or amended Rules R9-3-101 (Nos. 5, 15, 16, 42, 49, 51, 55, 
94, 101, 103, 106, 126, 127, and 133), R9-3-201 (paragraph D.2), R9-3-
202 (Paragraph D.2), R9-3-203 (Paragraph D.2), R9-3-204 (Paragraph C.2), 
R9-3-205 (Paragraph C.2), R9-3-206 (Paragraph C.2), R9-3-207 (Paragraph 
C.2), R9-3-313 (Paragraph F.1.a.i and ii), R9-3-401, R9-3-405, R9-3-408, 
R9-3-501 (Paragraph A to C), R9-3-502 (Paragraph A to A.4), R9-3-503 
(Paragraphs B, C.1,C.2.a. to C.2.f., C.4 and C.5), R9-3-504 (Paragraph 
A.1 to A.4), R9-3-508 (Paragraph B.1 to B.6), R9-3-510 (Paragraph A.1 
and A.2), R9-3-511 (Paragraph A.1 to A.5), R9-3-512 (Paragraph A.1 to 
A.5), R9-3-513 (Paragraph A.1 to A.5), R9-3-514 (Paragraph A.2), R9-3-
516 (Paragraph A.1 to A.6), R9-3-517 (Paragraph A.1 to A.5), R9-3-518 
(Paragraph A.1 to A.5), R9-3-520 (Paragraph A.1 to A.6), R9-3-521 
(Paragraph A.1 to A.5), and Appendices 1 and 2.

    (ii) Arizona Lead SIP Revision.
    (44) The following amendments to the plan were submitted on June 23, 
1980 by the Governor's designee.
    (i) Maricopa County Bureau of Air Pollution Control Rules and 
Regulations.

    (A) Rule 34, Organic Solvents.
    (B) New or amended Rules 2 (except 49 and 57), 3, 24, 25, 25, 26, 
27, 30, 31(A), (B), and (H), 32, (G), (H), (J), and (K), 40, 70-72, and 
74 and deletion of ``ee''.

    (45) The following amendments to the plan were submitted on July 17, 
1980 by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.

    (A) R-9-3-101, A., Nos. 73, 74, 75, 83, 86, 87, 88, 90, 91, 94, 98, 
99, 100, 113, 119, 120, and 124; R9-3-301, paragraphs A, B-3, G, I, J, 
K, L, M, N, O, P, Q, and R; R9-3-306, paragraphs A, B-1, B-3, B-4, C-2, 
C-4, and G-2; and R9-3-320, paragraphs B and C.
    (B) New or amended Rules R9-3-101 (Nos. 6(b), 10, 12, 14, 36, 50, 
55, 77, 84, and 92), R9-3-311 (Paragraph B), R9-3-313 (Paragraphs 
A.2.a., D.2, D.4, F.1.C, and F.2.a.), R9-3-320 (Paragraph A), R9-3-502 
(Paragraph C.1), R9-3-503 (Paragraph C, C.2, C.2.g. and C.3), R9-3-504 
(Paragraph A), R9-3-505 (Paragraph B.1.a, B.2.a), R9-3-506 (Paragraph A 
to A.1), R9-3-507 (Paragraphs A to C), R9-3-508 (Paragraph B), R9-3-509, 
R9-3-510 (Paragraph A), R9-3-511 (Paragraph A), R9-3-512 (Paragraph A), 
R9-3-513 (Paragraph A), R9-3-514 (Paragraphs A to A.1), R9-3-516 
(Paragraph A), R9-3-517 (Paragraph A), R9-3-518 (Paragraph A), R9-3-519 
(Paragraph A to A.1, A.3, and A.3.d), R9-3-520

[[Page 81]]

(Paragraph A), R9-3-521 (Paragraph A), R9-3-522 (Paragraph A), R9-3-523 
(Paragraph A), R9-3-524 (Paragraphs A, B, D, and D.3), R9-3-525 
(Paragraph A), R9-3-528 (Paragraphs A and F.5), Section 3, Method 11; 
Section 3.16, Method 16; Section 3.19, Method 19; Section 3.20, Method 
20; and Appendix 10 (Sections A10.2 and A10.2.1).
    (C) New or amended Rule R9-3-515 (Paragraphs A; and C.6, C.6.b, and 
C.6.b.v.).

    (46) The following amendments to the plan were submitted on August 
7, 1980, by the Governor's designee.
    (i) Pinal-Gila Counties Air Quality Control District.

    (A) New or amended Rules 7-1-1.2, 7-1-1.3(C), 7-3-1.1, 7-3-1.4(C), 
7-3-1.7(F), and 7-3-3.4.

    (47) The following amendments to the plan were submitted on 
September 10, 1980, by the Governor's designee.
    (i) Arizona State Rules and Regulations and Air Pollution Control.

    (A) New or amended Rules R9-3-101 (Nos. 24, 55, 102, and 115 (25-54, 
56-101, 103-114, and 116-140 are renumbered only), R9-3-201 (Paragraphs 
A to D.1 and E), R9-3-202 (Paragraphs A to D.1 and E), R9-3-203 
(Paragraphs A to D.1 and E), R9-3-204 (Paragraphs A to C.1 and D), R9-3-
205 (Paragraphs A to C.1 and D), R9-3-206 (Paragraphs A to C.1 and D), 
R9-3-207 (Paragraphs A to C.1 and D), and R9-3-216.

    (48) Arizona Lead SIP Revision submitted by the State on September 
26, 1980.
    (49) The following amendments to the plan were submitted on July 13, 
1981 by the Governor's designee.
    (i) Arizona Revised Statute Sec. 36-1718.
    (50) The following amendments to the plan were submitted on July 13, 
1981, by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.

    (A) New or amended Rules R9-3-310 (Paragraphs A and B), R9-3-501 
(Paragraph D), R9-3-503 (Paragraph C.6), R9-3-506 (Paragraph C to C.1), 
and Appendix 10 (Sections A10.1-A10.1.3.2).
    (B) New or amended Rule R9-3-515 (Paragraph C.4.a. and C.4.b.).

    (ii) Arizona Revised Statutes.

    (A) Arizona County: Chapter 6, Article 8. Air Pollution, Sections 
36-770 to 36-778, 36-779 to 36-779.07, 36-780, 36-780.01, 36-781 to 36-
783, 36-784 to 36-784.04, 36-785, 36-785.01, 36-786 to 36-788, 36-789 to 
36-789.02, 36-790, and 36-791.
    (B) Arizona State: Chapter 14, Air Pollution, Article 1. State Air 
Pollution Control, Sections 36-1700 to 36-1702, 36-1704 to 36-1706, 36-
1707 to 36-1707.06, 36-1708, 36-1720.02, and 36-1751 to 36-1753.

    (51) The following amendments to the plan were submitted on June 1, 
1981, by the Governor's designee.
    (i) Pima County Health Department.

    (A) New or amended Regulation 14:
    Rule 142; Regulation 20: Rule 204; Regulation 24: Rule 242; 
Regulation 26: Rule 261; Regulation 50: Rule 504; Regulation 61: Rule 
611 (Paragraph A); Regulation 70: Rule 706 (Paragraphs D.1 and D.2); and 
Regulation 91: Rule 911 (Methods 19 and 20).

    (52) The following amendments to the plan were submitted on August 
5, 1981, by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.

    (A) New or amended Rules R9-3-1002, R9-3-1003, R9-3-1005, R9-3-1006, 
R9-3-1008, R9-3-1010 to R9-3-1014, R9-3-1016, R9-3-1019, R9-3-1023, R9-
3-1025, R9-3-1027, and R9-3-1030.

    (ii) Arizona Revised Statutes.

    (A) Inspection and Maintenance--Chapter 14, Article 3. Annual 
Emissions Inspection of Motor Vehicles, Sections 36-1771 to 36-1775, 36-
1708.01, 36-1709 to 36-1711, 36-1712 to 36-1712.04, 36-1713, 36-1713.01, 
36-1714 to 36-1717, 36-1718, 36-1718.01, 36-1719, 36-1720, and 36-1776 
to 36-1780.

    (53) The following amendments to the plan were submitted on March 8, 
1982, by the Governor's designee.
    (i) Maricopa County Bureau of Air Pollution Control Rules and 
Regulations.

    (A) Rules 2 (Nos. 11 and 33, and deletion of Nos. 18, 49, 50, 52, 
and 54), 28 and 33.

    (ii) The Improvement Schedules for Transit System and Rideshare 
Program in Metropolitan Pima County.
    (54) The following amendments to the plan were submitted on June 3, 
1982 by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.

    (A) New or amended Rule R9-3-515 Paragraphs C to C.1. and C.1.i.; 
C.3.a. and C.3.d. to C.3.g.; C.4. and C.4.h.; C.5.a.; C.6.a. and 
C.6.b.iv.; and C.9.).
    (B) New or amended rules R9-3-101 (Nos. 3, 7, 8, 17, 18, 19, 20, 21, 
29, 34, 35, 37, 56, 61, 62, 63, 68, 69, 75, 77, 78, 79, 88, 89, 90, 91, 
98, 99, 101, 117, 122, 129, 133, 136, 146, and 157; 53 and 123 are 
deleted); R9-3-217; R9-3-301; R9-3-304; R9-

[[Page 82]]

3-305; R9-3-306 (paragraph A only); R9-3-320 (Repealed and Reserved); 
R9-3-1101 (paragraphs A, C, and D); Appendix 1; and Appendix 2.
    (C) New or amended rules R9-3-101 (Nos. 4 to 6, 9 to 16, 22 to 28, 
30 to 33, 36, 38 to 55, 57 to 60, 64 to 67, 70 to 74, 76, 80 to 87, 92 
to 97, 100, 102 to 116, 118 to 121, 123 to 128, 130 to 132, 134, 135, 
137 to 141, 142 to 145, 147 to 156, and 158 are renumbered only); R9-3-
219; R9-3-502 (paragraph A to A.1 and A.2); R9-3-505 (paragraph B to 
B.1, B.2, B.3, and B.4); R9-3-508 (paragraph B to B.1, B.2, and B.5); 
R9-3-511 (paragraph A to A.1 and A.2); R9-3-513 (paragraph A to A.1 and 
A.2); R9-3-516 (paragraph A to A.1 and A.2); R9-3-517 (paragraph A to 
A.1); R9-3-518 (paragraph A to A.1 and A.2); R9-3-520 (paragraph A to 
A.1 and A.2); R9-3-521 (paragraph A to A.1 and A.2); R9-3-522 (paragraph 
A to A.1 and A.2); and Appendix 8 (Sections A8.3.1 and A8.3.2).
    (D) New or amended rules R9-3-302 (paragraphs A-H); and R9-3-303 
(paragraphs A to C and E to I), adopted on May 26, 1982.
    (E) Previously approved and now removed (without replacement) rule 
R9-3-101, No. 46.

    (55) The following amendments to the plan were submitted by the 
Governor's designee on March 4, 1983.
    (i) Incorporation by reference.
    (A) Maricopa County Health Department, Bureau of Air Quality 
Control.

    (1) New or amended rule 21.0:A-C, D.1.a-d, and E adopted on October 
25, 1982.

    (56) The following amendments to the plan were submitted on February 
3, 1984, by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.

    (A) New or amended rules R9-3-101 (No.'s 98 and 158), R9-3-201 to 
R9-3-207, R9-3-215, R9-3-218, R9-3-310, R9-3-322, R9-3-402, R9-3-404, 
R9-3-502, R9-3-515 (paragraph (c)), R9-3-529, R9-3-1101, and Appendices 
I and II.
    (B) New or amended rules R9-3-101, Nos. 135 and 157, adopted on 
September 19, 1983.

    (57) The following amendments to the plan were submitted by the 
Governor's designee on April 17, 1985.
    (i) Incorporation by reference.
    (A) Maricopa County Health Department, Bureau of Air Quality 
Control.

    (1) New or amended regulations: rule 21.0: D.1., D.1.e, f, and g 
adopted on July 9, 1984.

    (58) The following amendments to the plan were submitted by the 
Governor's designee on October 18, 1985.
    (i) Incorporation by reference.
    (A) Pima County Health Department.

    (1) New or amended regulations: Regulation 16: Rule 166; Regulation 
17; Rules 171 and 175; Regulation 20: Rule 202; Regulation 37: Rules 
371, 372, 373, Figure 371-A, Figure 371-C, and Figure 372; and 
Regulation 38, Rule 381, A1, 2, 3, 4, 5, and B, adopted on December 6, 
1983.

    (59) The following amendments to the plan were submitted by the 
Governor's designee on October 24, 1985.
    (i) Incorporation by reference.
    (A) Arizona Department of Health Services.

    (1) New or amended rule R9-3-303, adopted on September 28, 1984.

    (60) The following amendments to the plan were submitted by the 
Governor's designee on October 5, 1987.
    (i) Incorporation by reference.
    (A) Arizona Department of Health Services.

    (1) New or amended rules R9-3-1001 (Nos. 8, 25, 33, 34, 38, 39, 40, 
and 43, No. 8), R9-3-1003, R9-3-1005, R9-3-1006, R9-3-1008, R9-3-1009, 
R9-3-1010, R9-3-1011, R9-3-1013, R9-3-1016, R9-3-1018, R9-3-1019, R9-3-
1025, R9-3-1026, R9-3-1027, R9-3-1028, R9-3-1030, and R9-3-1031, adopted 
on December 23, 1986.
    (2) Previously approved and now removed (without replacement), Rule 
R9-3-1014.

    (B) The Maricopa Association of Governments (MAG) 1987 Carbon 
Monoxide (CO) Plan for the Maricopa County Area, MAC CO Plan Commitments 
for Implementation, and Appendix A through E, Exhibit 4, Exhibit D, 
adopted on July 10, 1987.

    (61) The following amendments to the plan were submitted by the 
Governor's designee on January 6, 1988.
    (i) Incorporation by reference.
    (A) The 1987 Carbon Monoxide State Implementation Plan Revision for 
the Tucson Air Planning Area adopted on October 21, 1987.

    (62) The following amendments to the plan were submitted by the 
Governor's designee on March 23, 1988.
    (i) Incorporation by reference.
    (A) Arizona Revised Statutes.

    (1) Senate Bill 1360: Section 6: ARS 15-1444-C (added), Section 7: 
QRS 15-1627-F (added), Section 21: ARS 49- 542-A (amended, Section 21: 
ARS 49-542-E (added), Section 21: ARS 49-542-J.3.(b) (amended), and 
Section 23: ARS 49-550-E (added), adopted on May 22, 1987.
    (2) Senate Bill 1360: Section 2: ARS 9-500.03 (added), Section 14: 
ARS 41-796.01 (added);

[[Page 83]]

Section 17: 49-454 (added), Section 18: 49-474.01 (added), and Section 
25: ARS 49-571 (added), adopted on May 22, 1987.

    (63) The following amendments to the plan were submitted by the 
governor's designee on May 26, 1988:
    (i) Incorporation by reference.
    (A) Travel reduction ordinances for Pima County: Inter governmental 
Agreement (IGA) between Pima County, City of Tucson, City of South 
Tucson, Town of Oro Valley and Town of Marana, April 18, 1988; Pima 
County Ordinance No. 1988-72, City of Tucson ordinance No. 6914, City of 
South Tucson Resolutions No. 88-01, 88-05, Town of Oro Valley 
Resolutions No. 162, 326 and 327, Town of Marana Resolutions No. 88-06, 
88-07 and Ordinance No. 88.06.

    (64) The following amendments to the plan were submitted by the 
Governor's designee on June 1, 1988.
    (i) Incorporation by reference.

    (A) Letter from the Arizona Department of Environmental Quality, 
dated June 1, 1988, committing to administer the provisions of the 
Federal New Source Review regulations consistent with EPA's 
requirements. The commitments apply to the issuance of, or revision to, 
permits for any source which is a major stationary source or major 
modification as defined in 40 Code of Federal Regulations, part 51, 
subpart I.

    (65) The following amendments to the plan were submitted by the 
Governor's designee on July 18, 1988.
    (i) Incorporation by reference.
    (A) Arizona Revised Statutes.

    (1) House Bill 2206, Section 2: ARS 15-1627 (amended); Section 6: 
Title 28, ARS Chapter 22, Article 1, ARS 28-2701, ARS 28-2702, ARS 28-
2703, ARS 28-2704, and ARS 28-2705 (added); Section 7: ARS 41.101.03 
(amended); Section 9: ARS 41-2605 (amended); Section 10: ARS 41-2066 
(amended); Section 11: ARS 41-2083 (amended); Section 13: Title 41, 
Chapter 15, Article 6, ARS 41-2121: Nos. 1, 3, 4, 5, 6, 7, 8, and 9, ARS 
41-2122, ARS 41-2123, ARS 41-2124 (added); Section 15: Title 49, Chapter 
3, Article 1, ARS 49-403 to 49-406 (added); Section 17: Title 49, 
Chapter 3, Article 3, ARS 49-506 (added); Section 18; ARS 49-542 
(amended); Section 19: ARS 49-550 (amended); Section 20: ARS 49-551 
(amended); Section 21: Title 49, Chapter 3, Article 5, ARS 49-553 
(added), Section 22: ARS 49-571 (amended); Section 23: Title 49, Chapter 
3, Article 8, ARS 49-581, ARS 49-582, ARS 49-583, ARS 49-584, ARS 49-
585; ARS 49-586, ARS 49-588, ARS 49-590, and ARS 49-593 (added); Section 
25: Definition of major employer, Section 27: Appropriations; Section 
29: Delayed effective dates, adopted on June 28, 1988.
    (2) House Bill 2206 section 6 which added, under Arizona Revised 
Statutes, title 28, chapter 22, new sections 28-2701 through 28-2708, 
and section 13 which added, under Arizona Revised Statutes, title 41, 
chapter 15, Article 6 new sections 41-2125A and 41-2125B. (Oxygenated 
fuels program for Pima County.)

    (66) The following amendments to the plan were submitted by the 
Governor's designee on July 22, 1988.
    (i) Incorporation by reference.
    (A) Letter from the Pima County Health Department, Office of 
Environmental Quality, dated April 24, 1988 committing to administer the 
New Source Review provisions of their regulations consistent with EPA's 
requirements. The commitments apply to the issuance of, or revision to, 
permits for any source which is a major stationary source of major 
modification as defined in 40 Code of Federal Regulations, part 51, 
subpart I.
    (B) Letter from Maricopa County Department of Health Services, 
Division of Public Health, dated April 28, 1988 and submitted to EPA by 
the Arizona Department of Environmental Quality July 25, 1988, 
committing to administer the New Source Review provisions of their 
regulations, consistent with EPA's requirements. These commitments apply 
to the issuance of, or revision to, permits for any source which is a 
major stationary source or major modification as defined in the Code of 
Federal Regulations, part 51, subpart I.
    (C) Addendum to MAG 1987 Carbon Monoxide Plan for the Maricopa 
County Nonattainment Area, July 21, 1988 (supplemental information 
related to the SIP revision of July 18, 1988).
    (D) Commitment in the July 22, 1988 submittal letter to apply the 
oxygenated fuels program of the July 18, 1988 submittal to Pima County.

    (67) Regulations for the Maricopa County Bureau of Air Pollution 
Control were submitted on January 4, 1990 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Amended regulations: Regulation II, rule 220 and Regulation III, 
rule 335, both adopted July 13, 1988.
    (B) Amended Maricopa County Division of Air Pollution Control Rule 
314, adopted July 13, 1988.


[[Page 84]]


    (68) The following amendments to the plan were submitted by the 
Governor's designee on June 11, 1991.
    (i) Incorporation by reference.
    (A) Arizona Revised Statutes.
    (1) House Bill 2181 (approved, May 21, 1991), section 1: Arizona 
Revised Statute (A.R.S.) 41-2065 (amended); section 2: A.R.S. 41-2083 
(amended); section 3: A.R.S. section 41-2122 (amended); section 4: 
A.R.S. Section 41-2123 (amended); and section 5: A.R.S. section 41-2124 
(repealed).
    (69) The following amendment to the plan was submitted by the 
Governor's designee on May 27, 1994.
    (i) Incorporation by reference.
    (A) Maricopa County Bureau of Air Pollution Control stage II vapor 
recovery program, adopted on August 27, 1993.
    (70) New and amended regulations for the Maricopa County 
Environmental Services Department--Air Pollution Control were submitted 
on June 29, 1992, by the Governor's designee.
    (i) Incorporation by reference.
    (A) New Rules 337, 350, and 351, adopted on April 6, 1992.
    (71) New and amended regulations for the following agencies were 
submitted on August 15, 1994 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Pinal County Air Quality Control District.
    (1) Chapter 1, Article 3, section 1-3-140, subsections 5, 15, 21, 
32, 33, 35, 50, 51, 58, 59, 103, and 123, adopted on November 3, 1993; 
Chapter 3, Article 1, section 3-1-081(A)(8)(a), adopted on November 3, 
1993; Chapter 3, Article 1, section 3-1-084, adopted on August 11, 1994; 
and Chapter 3, Article 1, section 3-1-107, adopted on November 3, 1993.
    (72) New and amended plans and regulations for the following 
agencies were submitted on November 13, 1992 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program, adopted on November 13, 1992.
    (B) Maricopa County Environmental Quality and Community Services 
Agency.
    (1) Rule 340, adopted on September 21, 1992.
    (73) Plan revisions were submitted on August 11, 1993 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) The Maricopa Association of Governments 1991 Particulate Plan 
for PM10 for the Maricopa County Area and 1993 Revisions, Chapters 
1, 2, 3, 4, 5, 6, 7, 8, 10 and Appendices A through D, adopted August 
11, 1993.
    (74) Plan revisions were submitted by the Governor's designee on 
March 3, 1994.
    (i) Incorporation by reference.
    (A) Maricopa County Division of Air Pollution Control new Rule 316, 
adopted July 6, 1993, and revised Rule 311, adopted August 2, 1993.
    (B) The Maricopa Association of Governments 1991 Particulate Plan 
for PM10 for the Maricopa County Area and 1993 Revisions, Revised 
Chapter 9 adopted on March 3, 1994.
    (75) Program elements submitted on November 14, 1994, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Basic and Enhanced Inspection and Maintenance Vehicle Emissions 
Program. Adopted on September 15, 1994.
    (76) Program elements were submitted on February 1, 1995 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program, adopted on February 1, 1995.
    (77) Amended regulations for the following agency were submitted on 
December 19, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Services Department.
    (1) Rule 310, adopted on September 20, 1994.
    (2) Rule 334, adopted on September 20, 1994.
    (78) New and amended regulations for the Maricopa County 
Environmental Services Department--Air Pollution Control were submitted 
on February 4, 1993, by the Governor's designee.

[[Page 85]]

    (i) Incorporation by reference.
    (A) New Rule 352, adopted on November 16, 1992.
    (79) New and amended regulations for the following agencies were 
submitted on June 29, 1992 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Quality and Community Services 
Agency.
    (1) Rule 353, adopted on April 6, 1992.
    (80) New and amended regulations for the following agencies were 
submitted on August 10, 1992 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Quality and Community Services 
Agency.
    (1) Rules 331 and 333, adopted on June 22, 1992.
    (81) Amended regulation for the following agency was submitted on 
August 16, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Services Department.
    (1) Rule 341, adopted on August 5, 1994.
    (82)-(83)  [Reserved]
    (84) Amended regulations for the Pinal County Air Quality Control 
District were submitted on November 27, 1995, by the Governor's 
designee.
    (i) Incorporation by reference.
    (A) Pinal County Air Quality Control District Code of Regulations: 
Chapter 1, Articles 1 through 3; Chapter 2, Articles 1 through 7; 
Chapter 3, Articles 1, 2, and the following sections of Article 3, 
Section 200, Section 203, Section 205, Section 210, Section 250, Section 
260, Section 270, Section 275, and Section 280. Adopted on October 12, 
1995.

[37 FR 10849, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.120, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.121  Classification of regions.

    The Arizona plan is evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                 Classifications                
                  AQCR (constituent counties)                  -------------------------------------------------
                                                                   PM        SOX       NO2       CO        O3   
----------------------------------------------------------------------------------------------------------------
Maricopa Intrastate (Maricopa)................................         I       III       III         I         I
Pima Intrastate (Pima)........................................         I        II       III       III         I
Northern Arizona Intrastate (Apache, Coconino, Navajo,                                                          
 Yavapai).....................................................         I       III       III       III       III
Mohave-Yuma Intrastate (Mohave, Yuma).........................         I       III       III       III       III
Central Arizona Intrastate (Gila, Pinal)......................         I        IA       III       III       III
Southeast Arizona Intrastate (Cochise, Graham, Greenlee, Santa                                                  
 Cruz)........................................................         I        IA       III       III       III
----------------------------------------------------------------------------------------------------------------

[45 FR 67345, Oct. 10, 1980]
Sec. 52.122  [Reserved]



Sec. 52.123   Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approved Arizona's plan for the attainment of the national standards.
    (b) With the exception set forth in Secs. 52.130 and 52.135, the 
Administrator approves the inspection and maintenance (I/M) program for 
motor vehicles; the carpool matching program; certain transit 
improvements; and certain traffic flow improvement and site-specific 
traffic control measures.
    (c) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in 1977, for the nonattainment areas listed in this 
paragraph.
    (1) For TSP, the portion of the Tucson TSP Air Planning Area falling 
both within the area described by connecting the geographic points in 
the order listed below in this paragraph and within the townships and 
sections described below in this paragraph:

Latitude 32 deg.38.5' N, Longitude 111 deg.24.0' W
Latitude 32 deg.26.5' N, Longitude 110 deg.47.5' W
Latitude 32 deg.12.5' N, Longitude 110 deg.32.5' W
Latitude 31 deg.49.5' N, Longitude 110 deg.25.5' W
Latitude 31 deg.42.0' N, Longitude 110 deg.50.5' W
Latitude 31 deg.52.5' N, Longitude 111 deg.12.5' W
Latitude 31 deg.24.5' N, Longitude 111 deg.29.0' W

(and return to initial point)


[[Page 86]]


    T9S, R9-11E
    T10S, R9-13E

    T13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE 
quarters only) and 7 (NE and SE quarters only)
    T13S, R14E: sections 19-21, 26-35
    T14S, R13E: sections 1-3, 10-14, 23-25
    T14S, R14E: sections 3-9, 17-19, 30
    T17S, R19E
    T18S, R19E
    T20S, R14-15E

    (d) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in 1977, for the nonattainment areas listed in this 
paragraph. In addition, continued satisfaction of the requirements of 
Part D for the ozone portion of the State Implementation Plan (SIP) 
depends on the adoption and submittal by January 1, 1981, of reasonably 
available control technology (RACT) requirements for sources covered by 
Control Technique Guidelines (CTG's) published between January 1978 and 
January 1979.
    (1) Maricopa County Urban Planning Area for O3.
    (e) The Administrator finds that the plan does not satisfy all the 
requirements of Part D, Title I, of the Clean Air Act as amended in 1977 
for the nonattainment and area pollutants listed in this paragraph.
    (1) Maricopa County Urban Planning Area for CO and TSP.
    (2) Tucson CO Air Planning Area for CO.
    (3) The following portion of the Tucson TSP Air Planning Area: The 
area described by connecting the following geographic points in the 
order listed below:

Latitude 32 deg.38.5' N, Longitude 111 deg.24.0' W
Latitude 32 deg.26.5' N, Longitude 110 deg.47.5' W
Latitude 32 deg.12.5' N, Longitude 110 deg.32.5' W
Latitude 31 deg.49.5' N, Longitude 110 deg.25.5' W
Latitude 31 deg.42.0' N, Longitude 110 deg.50.5' W
Latitude 31 deg.52.5' N, Longitude 111 deg.12.5' W
Latitude 31 deg.24.5' N, Longitude 111 deg.29.0' W

(and return to initial point)

Excluding the area within the following townships:

    T9S, R9-11E
    T10S, R9-13E
    T13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE 
quarters only) and 7 (NE and SE quarters only)
    T13S, R14E: sections 19-21, 26-35
    T14S, R13E: sections 1-3, 10-14, 23-25
    T14S, R14E: sections 3-9, 17-19, 30
    T17S, R19E
    T18S, R19E
    T20S, R14-15E

[38 FR 33373, Dec. 3, 1973, as amended at 48 FR 254, Jan. 4, 1983; 51 FR 
3336, Jan. 27, 1986; 51 FR 33750, Sept. 23, 1986]



Sec. 52.124  Part D disapproval.

    (a) The following portions of the Arizona SIP are disapproved 
because they do not meet the requirements of Part D of the Clean Air 
Act.
    (1) The attainment demonstration, conformity and contingency 
portions of the 1987 Maricopa Association of Governments Carbon Monoxide 
Plan and 1988 Addendum.
    (2) The attainment demonstration and contingency portions of the 
1987 Carbon Monoxide State Implementation Plan Revision for the Tucson 
Air Planning Area.
    (b) (Reserved)

[56 FR 5478, Feb. 11, 1991]



Sec. 52.125  Control strategy and regulations: Sulfur oxides.

    (a)(1) The requirements of subpart G of this chapter are not met 
since the control strategy does not analyze the impact of smelter 
fugitive emissions on ambient air quality (except at Hayden, Arizona) in 
the Central Arizona Intrastate, the Pima Intrastate, and the Southeast 
Arizona Intrastate (Cochise and Greenlee counties) Regions. Arizona must 
submit these smelter fugitive emissions control strategies to EPA by 
August 1, 1984. In addition, the requirements of Sec. 51.281 of this 
chapter are not met since the plan does not require permanent control of 
fugitive smelter emissions necessary to attain and maintain the national 
standards for sulfur oxides. The control strategy for Hayden shows that 
these controls are required to attain and maintain the national 
standards, and the fugitive control strategy analyses required above may 
show that they are required for some or all of the other smelter towns 
in Arizona. Arizona must submit all fugitive emissions control 
regulations necessary to attain and maintain the national standards for 
sulfur oxides to EPA by August 1, 1984. Therefore, the control 
strategies and regulations

[[Page 87]]

for the six smelter areas in the Central Arizona Intrastate, the Pima 
Intrastate and the Southeast Arizona Intrastate (Cochise and Greenlee 
counties) Regions are incomplete due to Arizona's failure to address the 
fugitive emissions problems at copper smelters.
    (2) Regulation 7-1-4.1 (copper smelters) of the Arizona Rules and 
Regulations for Air Pollution Control, as it pertains to existing copper 
smelters, is disapproved for the Central Arizona Intrastate, Pima 
Intrastate and Southeast Arizona Intrastate (Cochise and Greenlee 
counties) Regions.
    (b) The requirements of subpart G and Sec. 51.281 of this chapter 
are not met since the plan does not provide the degree of control 
necessary to attain and maintain the national standards for sulfur 
oxides in the Northern Arizona Intrastate Region. Th erefore, Regulation 
7-1-4.2(C) (fuel burning installations) of the Arizona Rules and 
Regulations for Air Pollution Control, as it pertains to existing 
sources, is disapproved in the Northern Arizona Intrastate Region for 
steam power generating instal lations having a total rated capacity 
equal to or greater than 6,500 million B.t.u. per hour.
    (c) Replacement regulation for Regulation 7-1-4.2(C) (Fossil fuel-
fired steam generators in the Northern Arizona Intrastate Region). (1) 
This paragraph is applicable to the fossil fuel-fired steam generating 
equipment designated as Units 1, 2, and 3 at the Navajo Power Plant in 
the Northern Arizona Intrastate Region (Sec. 81.270 of this chapter).
    (2) No owner or operator of the fossil fuel-fired steam generating 
equipment to which this paragraph is applicable shall discharge or cause 
the discharge of sulfur oxides into the atmosphere in excess of the 
amount prescribed by the following equations:

                         E=12,245 S or e=1,540 S

where:
E=Allowable sulfur oxides emissions (lb./hr.) from all affected units.
e=Allowable sulfur oxides emissions (gm./sec.) from all affected units.
S=Sulfur content, in percent by weight, prior to any pretreatment of the 
fuel being burned.

    (3) For the purposes of this paragraph:
    (i) E shall not exceed 21,270 lb./hr. (2,680 gm./sec.).
    (ii) If the sum of sulfur oxides emissions from Units 1, 2, and 3 
would be less than 3,780 lb./hr. (475 gm./sec.) without the use of 
emission control equipment, the requirements of paragraphs (2), (4)(i) 
and (5) of this paragraph (c), shall not apply for the period of time 
that the emissions remain below this level.
    (iii) The applicability of paragraph (c)(2)(ii) of this section may 
be determined through a sulfur balance utilizing the analyzed sulfur 
content of the fuel being burned and the total rate of fuel consumption 
in all affected units.
    (4)(i) No owner or operator of the fossil fuel-fired steam 
generating equipment subject to this paragraph shall discharge or cause 
the discharge of sulfur oxides into the atmosphere from any affected 
unit in excess of the amount prescribed by the following equations, 
except as provided in paragraph (3)(ii) of this paragraph (c).

                   E1=0.333 E or e1=0.333 e

where:
E=Allowable sulfur oxides emissions (lb./hr.) from all affected units as 
determined pursuant to paragraph (2) of this paragraph.
e=Allowable sulfur oxides emissions (gm./sec.) from all affected units 
as determined pursuant to paragraph (2) of this paragraph (c).
E1=Allowable sulfur oxides emissions (lb./hr.) from each affected 
unit.
e1=Allowable sulfur oxides emissions (gm./sec.) from each affected 
unit.

    (ii) The owner or operator of the fossil fuel-fired steam generating 
equipment to which this paragraph is applicable may submit a request to 
redesignate the allowable emissions specified in paragraph (c)(4)(i) of 
this section. Such a request shall be submitted no later than December 
2, 1974, and shall demonstrate that sulfur oxides emissions on a total 
plant basis will not exceed those specified in paragraphs (2) and (3)(i) 
of this paragraph (c). Upon receipt and evaluation of such request, the 
Administrator shall consider such and if appropriate, redesignate the 
allowable emissions specified in paragraph (c)(4)(i) of this section.

[[Page 88]]

    (5) All sulfur oxides control equipment at the fossil fuel-fired 
steam generating equipment to which this paragraph is applicable shall 
be operated at the maximum practicable efficiency at all times, without 
regard to the allowable sulfur oxides emissions, determined according to 
paragraph (2) or (3) of this paragraph (c), except as provided in 
paragraph (3)(ii) of this paragraph (c).
    (6) Compliance with this paragraph shall be in accordance with the 
provisions of Sec. 52.134(a).
    (7) The test methods and procedures used to determine compliance 
with this paragraph shall be those prescribed in Sec. 60.46(c)(2) and 
(c)(4) of this chapter. The test methods for determining the sulfur 
content of fuel shall be those specified in Sec. 60.45(c) and (d) of 
this chapter.
    (d)-(e) [Reserved]
    (f)(1) Paragraphs B through E of regulation 7-1-4.2 (R9-3-402) 
(Sulfur Emissions: Fuel Burning Installations) of the Arizona Air 
Pollution Control Regulations are disapproved because they could allow 
existing oil fired facilities to use dispersion dependent techniques 
alone as a means of attaining and maintaining the national ambient air 
quality standards. The regulation does not assure the attainment and 
maintenance of the national standards in a manner which is consistent 
with the intent of sections 110(a)(2)(B) and 123(a)(2) of the Clean Air 
Act.
    (2) The approval of paragraphs A and F of regulation 7-1-4.2 as to 
coal fired facilities does not apply to the Salt River Project 
Agricultural Improvement and Power District-Navajo Generating Station.
    (3) Paragraphs B through E of regulation 8-1-4.2 (Sulfur Emissions--
Fuel Burning Installations) of the Yuma County Air Pollution Control 
Regulations are disapproved because they could allow existing facilities 
to use dispersion dependent techniques alone as a means of attaining and 
maintaining the National Ambient Air Quality Standards. This regulation 
does not assure the attainment and maintenance of the national standards 
in a manner which is consistent with the intent of sections 
110(a)(2)(B)and 123(a)(2) of the Clean Air Act.
    (g) Section 3, Regulation 3 (Sulfur from Primary Copper Smelters) of 
the Mohave County Health Department Air Pollution Control Regulations 
and Regulation 7-3-2.1 (Copper Smelters) of the Pinal-Gila Counties Air 
Quality Control District are disapproved since Section 36-1706 of the 
Arizona Revised Statutes grants exclusive jurisdiction to the Arizona 
Department of Health Services and the State Hearing Board over all 
existing copper smelters.
    (1) The requirements of Sec. 51.13 of this chapter are not met since 
the plan does not demonstrate that the emission limitations applicable 
to existing fuel burning equipment producing electrical energy will 
provide for the attainment and maintenance of the national standards in 
the Pima Intrastate Region (Sec. 81.269 of this chapter).
    (2) Regulation II: Rule 7A--paragraphs 2 through 5, Emission 
Limitations Fuel Burning Equipment--Sulfur Dioxide, of the Rules and 
Regulations of the Pima County Air Pollution Control District are 
disapproved because they could allow existing facilities to use 
dispersion dependent techniques along as a means of attaining and 
maintaining the National Ambient Air Quality Standards. The regulation 
does not assure the attainment and maintenance of the national standards 
in a manner which is consistent with the intent of section 110(a)(2)(B) 
of the Clean Air Act.

[37 FR 15081, July 27, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.125, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.126  Control strategy and regulations: Particulate matter.

    (a) The requirements of subpart G and Sec. 51.281 of this chapter 
are not met since the plan does not provide the degree of control 
necessary to attain and maintain the national standards for particulate 
matter in Gila, Maricopa, Pima, Pinal, and Santa Cruz Counties. 
Therefore, Regulation 7-1-3.6 (process industries) of the Arizona Rules 
and Regulations for Air Pollution Control is disapproved for Gila, 
Maricopa, Pima, Pinal, and Santa Cruz Counties.

[[Page 89]]

    (b) Replacement regulation for Regulation 7-1-3.6 of the Arizona 
Rules and Regulations for Air Pollution Control (Gila, Maricopa, Pima, 
Pinal, and Santa Cruz Counties). (1) No owner or operator of any 
stationary process source in Gila, Maricopa, Pima, Pinal, or Santa Cruz 
County shall discharge or cause the discharge of particulate matter into 
the atmosphere in excess of the hourly rate shown in the following table 
for the process weight rate identified for such source:

                          [In pounds per hour]                          
------------------------------------------------------------------------
                                                     Process            
          Process weight rate             Emission    weight    Emission
                                            rate       rate       rate  
------------------------------------------------------------------------
50.....................................       0.36     60,000      29.60
100....................................       0.55     80,000      31.19
500....................................       1.53    120,000      33.28
1,000..................................       2.25    160,000      34.85
5,000..................................       6.34    200,000      36.11
10,000.................................       9.73    400,000      40.35
20,000.................................      14.99  1,000,000      46.72
------------------------------------------------------------------------


    (2) Paragraph (b)(1) of this section shall not apply to 
incinerators, fuel burning installations, or Portland cement plants 
having a process weight rate in excess of 250,000 lb/h.
    (3) No owner or operator of a Portland cement plant in Gila, 
Maricopa, Pima, Pinal, or Santa Cruz County with a process weight rate 
in excess of 250,000 lb/hr shall discharge or cause the discharge of 
particulate matter into the atmosphere in excess of the amount specified 
in Sec. 60.62 of this chapter.
    (4) Compliance with this paragraph shall be in accordance with the 
provisions of Sec. 52.134(a).
    (5) The test methods and procedures used to determine compliance 
with this paragraph are set forth below. The methods referenced are 
contained in the appendix to part 60 of this chapter. Equivalent methods 
and procedures may be used if approved by the Administrator.
    (i) For each sampling repetition, the average concentration of 
particulate matter shall be determined by using method 5. Traversing 
during sampling by method 5 shall be according to method 1. The minimum 
sampling time shall be 2 hours and the minimum sampling volume shall be 
60 ft3(1.70 m3), corrected to standard conditions on a dry 
basis.
    (ii) The volumetric flow rate of the total effluent shall be 
determined by using method 2 and traversing according to method 1. Gas 
analysis shall be performed using the integrated sample technique of 
method 3, and moisture content shall be determined by the condenser 
technique of method 4.
    (iii) All tests shall be conducted while the source is operating at 
the maximum production or combustion rate at which such source will be 
operated. During the tests, the source shall burn fuels or combinations 
of fuels, use raw materials, and maintain process conditions 
representative of normal operation, and shall operate under such other 
relevant conditions as the Administrator shall specify.
    (c) The requirements of Sec. 51.281 of this chapter are not met 
since the plan does not contain regulations for Mohave and Yuma Counties 
in the Mohave-Yuma Intrastate Region or Pinal-Gila Counties in the 
Central Arizona Intrastate Region which provide enforceable and 
reproducible test procedures for the determination of compliance with 
the emission standards. Therefore paragraph C of section 3, regulation 2 
(Particulates: Other Sources) of the Mohave County Air Pollution Control 
Regulations, paragraph B of regulation 8-1-3.6 (Particulates--Process 
Industries) of the Yuma County Air Pollution Control Regulations, and 
paragraph C of regulation 7-3-1.4 (Particulate Emissions--Incineration) 
and paragraph F of regulation 7-3-1.7 (Particulate Emissions--Fuel 
Burning Equipment) of the Rules and Regulations for Pinal-Gila Counties 
Air Quality Control District are disapproved.

[37 FR 15081, July 27, 1972, as amended at 38 FR 12704, May 14, 1973; 43 
FR 53034, Nov. 15, 1978; 45 FR 67346, Oct. 10, 1980; 51 FR 40676, 40677, 
Nov. 7, 1986]
Secs. 52.127--52.128  [Reserved]



Sec. 52.129   Review of new sources and modifications.

    (a) [Reserved]
    (b) National standards not met. The requirements of Sec. 51.160(a) 
of this chapter are not met in the Pima Intrastate Region since the 
Rules and Regulations of the Pima County Air Pollution Control District 
are not adequate to prevent

[[Page 90]]

construction or modification of a source which would interfere with the 
attainment or maintenance of the national standards.
    (c) Regulation for review of new sources and modifications. (1) The 
requirements of this paragraph are applicable to any stationary source 
in the Pima Intrastate Region (Sec. 81.269 of this chapter), the 
construction or modification of which iscommenced after the effective 
date of this regulation.
    (2) No owner or operator shall commence construction or modification 
of any new source after the effective date of this regulation without 
first obtaining approval from the Administrator of the location of such 
source.
    (i) Application for approval to construct or modify shall be made on 
forms furnished by the Administrator, or by other means prescribed by 
the Administrator.
    (ii) A separate application is required for each source.
    (iii) Each application shall be signed by the applicant.
    (iv) Each application shall be accompanied by site information, 
stack data, and the nature and amount of emissions. Such information 
shall be sufficient to enable the Administrator to make any 
determination pursuant to paragraph (c)(3) of this section.
    (v) Any additional information, plans, specifications, evidence or 
documentation that the Administrator may require shall be furnished upon 
request.
    (3) No approval to construct or modify will be granted unless the 
applicant shows to the satisfaction of the Administrator that the source 
will not prevent or interfere with attainment or maintenance of any 
national standard.
    (4)(i) Within twenty (20) days after receipt of an application to 
construct, or any addition to such application, the Administrator shall 
advise the owner or operator of any deficiency in the information 
submitted in support of the application. In the event of such a 
deficiency, the date of receipt of the application for the purpose of 
paragraph (c)(4)(ii) of this section, shall be the date on which all 
required information is received by the Administrator.
    (ii) Within thirty (30) days after receipt of a complete 
application, the Administrator shall:
    (a) Make a preliminary determination whether the source should be 
approved, approved with conditions, or disapproved.
    (b) Make available in at least one location in each region in which 
the proposed source would be constructed, a copy of all materials 
submitted by the owner or operator, a copy of the Administrator's 
preliminary determination and a copy or summary of other materials, if 
any, considered by the Administrator in making his preliminary 
determination; and
    (c) Notify the public, by prominent advertisement in a newspaper of 
general circulation in each region in which the proposed source would be 
constructed, of the opportunity for written public comment on the 
information submitted by the owner or operator and the Administrator's 
preliminary determination on the approvability of the source.
    (iii) A copy of the notice required pursuant to this paragraph shall 
be sent to the applicant and to state and local air pollution control 
agencies, having cognizance over the location where the source will be 
situated.
    (iv) Public comments submitted in writing within thirty (30) days 
after the date such information is made available shall be considered by 
the Administrator in making his final decision on the application. No 
later than ten (10) days after the closeof the public comment period, 
the applicant may submit a written response to any comment submitted by 
the public. The Administrator shall consider the applicant's response in 
making his final decision. All comments shall be made available for 
public inspection in at least one location in the region in which the 
source would be located.
    (v) The Administrator shall take final action on an application 
within thirty (30) days after the close of the public comment period. 
The Administrator shall notify the applicant in writing of his approval, 
conditional approval, or denial of the application, and shall set forth 
his reasons for conditional approval or denial. Such notification shall 
be made available for public inspection in at least one location in the 
region in which the source would be located.

[[Page 91]]

    (vi) The Administrator may extend each of the time periods specified 
in paragraph (c)(4) (ii), (iv) or (v) of this section by no more than 30 
days, or such other period as agreed to by the applicant and the 
Administrator.
    (5) The Administrator may cancel an approval if the construction is 
not begun within 2 years from the date of issuance, or if during the 
construction, work is suspended for 1 year.
    (6) Approval to construct or modify shall not relieve any owner or 
operator of the responsibility to comply with any local, State or 
Federal regulation which is part of the applicable plan.
    (7) Approval to construct or modify shall not be required for:
    (i) The installation or alteration of an air pollutant detector, air 
pollutants recorder, combustion controller, or combustion shutoff.
    (ii) Airconditioning or ventilating systems not designed to remove 
air pollutants generated by or released from equipment.
    (iii) Fuel burning equipment, other than smokehouse generators, 
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain 
H2S per 100 stdft3 (45.8 g/100 stdm3); has a heat input 
of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; 
or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and 
burns any other fuel.
    (iv) Mobile internal combustion engines.
    (v) Laboratory equipment used exclusively for chemical or physical 
analysis.
    (vi) Other sources of minor significance specified by the 
Administrator.
    (8) Any owner or operator who constructs, modifies, or operates a 
stationary source not in accordance with the application, as approved 
and conditioned by the Administrator, or any owner or operator of a 
stationary source subject to this paragraph who commences construction 
or modification without applying for and receiving approval hereunder, 
shall be subject to enforcement action under section 113 of the Act.
    (d) Regulation for review of new sources and modifications: Federal 
Regulations. (1) This requirement is applicable to any stationary source 
subject to the requirements of Sec. 52.126(b), the construction or 
modification of which is commenced after the effective date of this 
regulation.
    (2) No owner or operator shall commence construction or modification 
of any stationary source after the effective date of this regulation, 
without first obtaining approval from the Administrator of the location 
and design of such source.
    (i) Application for approval to construct or modify shall be made on 
forms furnished by the Administrator, or by other means prescribed by 
the Administrator.
    (ii) A separate application is required for each source.
    (iii) Each application shall be signed by the applicant.
    (iv) Each application shall be accompanied by site information, 
plans, descriptions, specifications, and drawings showing the design of 
the source, the nature and amount of emissions, and the manner in which 
it will be operated and controlled.
    (v) Any additional information, plans, specifications, evidence, or 
documentation that the Administrator may require shall be furnished upon 
request.
    (3) No approval to construct or modify will be granted unless the 
applicant shows to the satisfaction of the Administrator that the source 
will operate without causing a violation of Sec. 52.126(b).
    (4)(i) Within twenty (20) days after receipt of an application to 
construct, or any addition to such application, the Administrator shall 
advise the owner or operator of any deficiency in the information 
submitted in support of the application. In the event of such a 
deficiency, the date of receipt of the application for the purpose of 
paragraph (d)(4)(ii) of this section, shall be the date on which all 
required information is received by the Administrator.
    (ii) Within thirty (30) days after receipt of a complete 
application, the Administrator shall:
    (a) Make a preliminary determination whether the source should be 
approved, approved with conditions, or disapproved.

[[Page 92]]

    (b) Make available in at least one location in each region in which 
the proposed source would be constructed, a copy of all materials 
submitted by the owner or operator, a copy of the Administrator's 
preliminary determination and a copy or summary of other materials, if 
any, considered by the Administrator in making his preliminary 
determination; and
    (c) Notify the public, by prominent advertisement in a newspaper of 
general circulation in each region in which the proposed source would be 
constructed, of the opportunity for written public comment on the 
information submitted by the owner or operator and the Administrator's 
preliminary determination on the approvability of the source.
    (iii) A copy of the notice required pursuant to this paragraph shall 
be sent to the applicant and to state and local air pollution control 
agencies, having cognizance over the location where the source will be 
situated.
    (iv) Public comments submitted in writing within thirty (30) days 
after the date such information is made available shall be considered by 
the Administrator in making his final decision on the application. No 
later than ten (10) days after the close of the public comment period, 
the applicant may submit a written response to any comment submitted by 
the public. The Administrator shall consider the applicant's response in 
making his final decision. All comments shall be made available for 
public inspection in at least one location in the region in which the 
source would be located.
    (v) The Administrator shall take final action on an application 
within thirty (30) days after the close of the public comment period. 
The Administrator shall notify the applicant in writing of his approval, 
conditional approval, or denial of the application, and shall set forth 
his reasons for conditional approval or denial. Such notification shall 
be made available for public inspection in at least one location in the 
region in which the source would be located.
    (vi) The Administrator may extend each of the time periods specified 
in paragraph (d)(4)(ii), (iv) or (v) of this section by no more than 30 
days, or such other period as agreed to by the applicant and the 
Administrator.
    (5) The Administrator may impose any reasonable conditions upon an 
approval including conditions requiring the source to be provided with:
    (i) Sampling ports of a size, number, and location as the 
Administrator may require,
    (ii) Safe access to each port,
    (iii) Instrumentation to monitor and record emission data, and
    (iv) Any other sampling and testing facilities.
    (6) The Administrator may cancel an approval if the construction is 
not begun within 2 years from the date of issuance, or if during the 
construction, work is suspended for 1 year.
    (7) Any owner or operator subject to the provisions of this 
regulation shall furnish the Administrator written notification as 
follows:
    (i) A notification of the anticipated date of initial startup of 
source not more than 60 days or less than 30 days prior to such date.
    (ii) A notification of the actual date of initial startup of a 
source within 15 days after such date.
    (8) Within 60 days after achieving the maximum production rate at 
which the source will be operated but not later than 180 days after 
initial startup of such source, the owner or operator of such source 
shall conduct a performance test(s) in accordance with the methods and 
under operating conditions approved by the Administrator and furnish the 
Administrator a written report of the results of such performance test.
    (i) Such test shall be at the expense of the owner or operator.
    (ii) The Administrator may monitor such test and also may conduct 
performance tests.
    (iii) The owner or operator of a source shall provide the 
Administrator 15 days prior notice of the performance test to afford the 
Administrator the opportunity to have an observer present.
    (iv) The Administrator may waive the requirement for performance 
tests if the owner or operator of a source has demonstrated by other 
means to the Administrator's satisfaction that the

[[Page 93]]

source is being operated in compliance with the requirements of 
Sec. 52.126(b).
    (9) Approval to construct or modify shall not relieve the owner or 
operator of the responsibility to comply with all local, State, or 
Federal regulations which are part of the applicable plan.
    (10) Approval to construct or modify shall not be required for:
    (i) The installation or alteration of an air pollutant detector, air 
pollutants recorder, combustion controller, or combustion shutoff.
    (ii) Air-conditioning or ventilating systems not designed to remove 
air pollutants generated by or released from equipment.
    (iii) Fuel burning equipment, other than smokehouse generators, 
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain 
H2S per 100 stdft3 (45.8 g/100 stdm3); has a heat input 
of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; 
or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and 
burns any other fuel.
    (iv) Mobile internal combustion engines.
    (v) Laboratory equipment used exclusively for chemical or physical 
analyses.
    (vi) Other sources of minor significance specified by the 
Administrator.
    (11) Any owner or operator who constructs, modifies, or operates a 
stationary source not in accordance with the application, as approved 
and conditioned by the Administrator, or any owner or operator of a 
stationary source subject to this paragraph who commences construction 
or modification without applying for and receiving approval hereunder, 
shall be subject to enforcement action under section 113 of the Act.
    (e) Delegation of authority. (1) The Administrator shall have the 
authority to delegate responsibility for implementing the procedures for 
conducting source review pursuant to this section in accordance with 
paragraphs (g) (2), (3), and (4) of this section.
    (2) Where the Administrator delegates the responsibility for 
implementing the procedures for conducting source review pursuant to 
this section to any Agency, other than a Regional Office of the 
Environmental Protection Agency, a copy of the notice pursuant to 
paragraphs (c)(4)(iii) and (d)(4)(iii) of this section shall be sent to 
the Administrator through the appropriate Regional Office.
    (3) In accordance with Executive Order 11752, the Administrator's 
authority for implementing the pro cedures  for  conducting  source  
review pursuant to this section shall not be delegated, other than to a 
Regional Office of the Environmental Protection Agency, for new or 
modified sources which are owned or operated by the Federal government 
or for new or modified sources located on Federal lands; except that, 
with respect to the latter category, where new or modified sources are 
constructed or operated on Federal lands pursuant to leasing or other 
Federal agreements, the Federal Land Manager may at his discretion, to 
the extent permissible under applicable statutes and regulations, 
require the lessee or permittee to be subject to new source review 
requirements which have been delegated to a state or local agency 
pursuant to this paragraph.
    (4) The Administrator's authority for implementing the procedures 
for conducting source review pursuant to this section shall not be 
redelegated, other than to a Regional Office of the Environmental 
Protection Agency, for new or modified sources which are located in 
Indian reservations except where the State has assumed jurisdiction over 
such land under other laws, in which case the Administrator may delegate 
his authority to the States in accordance with paragraphs (g)(2), (3), 
and (4) of this section.

[37 FR 15081, July 27, 1972, as amended at 38 FR 12705, May 14, 1973; 39 
FR 7279, Feb. 25, 1974; 39 FR 28285, Aug. 8, 1974; 40 FR 50268, Oct. 29, 
1975; 45 FR 67346, Oct. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR 
33922, June 29, 1995]



Sec. 52.130  Source surveillance.

    (a) The requirements of Sec. 51.211 of this chapter are not met 
since the plan does not contain legally enforceable procedures for 
requiring sources in the Northern Arizona, Mohave-Yuma, Central Arizona, 
and Southeast Arizona Intrastate Regions to maintain

[[Page 94]]

records of and periodically report on the nature and amounts of 
emissions.
    (b) The requirements of Sec. 51.213 of this chapter are not met 
because the plan does not provide procedures for obtaining and 
maintaining data on actual emission reductions achieved as a result of 
implementing transportation control measures.
    (c) Regulation for source recordkeeping and reporting. (1) The owner 
or operator of any stationary source in the Northern Arizona, Mohave-
Yuma, Central Arizona, or Southeast Arizona Intrastate Region 
(Secs. 81.270, 81.268, 81.271, and 81.272 of this chapter) shall, upon 
notification from the Administrator, maintain records of the nature and 
amounts of emissions from such source or any other information as may be 
deemed necessary by the Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures.
    (2) The information recorded shall be summarized and reported to the 
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, except that the initial reporting period shall 
commence on the date the Administrator issues notification of the 
recordkeeping requirements.
    (3) Information recorded by the owner or operator and copies of the 
summarizing reports submitted to the 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. All such emission data will be available during 
normal business hours at the regional office (region IX). The 
Administrator will designate one or more places in Arizona where such 
emission data and correlations will be available for public inspection.
    (d) The requirements of Sec. 51.214 of this chapter are not met 
since the plan does not contain legally enforceable procedures for 
requiring certain stationary sources subject to emission standards to 
install, calibrate, operate, and maintain equipment for continuously 
monitoring and recording emissions, and to provide other information as 
specified in Appendix P of part 51 of this chapter.
    (e) The requirements of Sec. 51.214 of this chapter are not met 
since the plan does not provide sufficient regulations to meet the 
minimum specifications of Appendix P in the Maricopa Intrastate Region. 
Additionally, Maricopa County Air Pollution Control Regulation IV, rule 
41, paragraph B, sections 6.0-6.4 (Special Consideration) is disapproved 
since it does not contain the specific criteria for determining those 
physical limitations or extreme economic situations where alternative 
monitoring requirements would be applicable.

[37 FR 15081, July 27, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.130, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.
Secs. 52.131--52.132  [Reserved]



Sec. 52.133  Rules and regulations.

    (a) Regulation 7-1-1.4(A) (Exceptions) of the Arizona Rules and 
Regulations for Air Pollution Control, regulations 12-3-2 (Emission 
Standards) of the Coconino County Rules and Regulations for Air 
Pollution Control, section 3, regulation 5 (Exceptions) of the Mohave 
County Air Pollution Control Regulations, regulation 8-1-1.6 
(Exceptions) of the Yuma County Air Pollution Control Regulations, and 
regulation 7-1-2.8 (Exceptions) of the Rules and Regulations for Pinal-
Gila Counties Air Quality Control District all provide for an exemption 
from enforcement action if the violation is attributable to certain 
events. These events are too broad in scope and the source can obtain 
the exemption merely by reporting the occurrence. Therefore, the above 
regulations are disapproved since these regulations make all approved 
emission limiting regulations potentially unenforceable.
    (b) Paragraph E of regulation 7-1-1.3 (R9-3-103) (Air Pollution 
Prohibited) prohibits any person from causing ground level 
concentrations to exceed ambient standards outside the boundaries of 
this operation. This regulation could allow violations of ambient air

[[Page 95]]

quality standards to occur in areas to which the public has access, 
contrary to the requirements of section 110(a)(1) of the Clean Air Act. 
Therefore, paragraph E of regulation 7-1-1.3 (R9-3-103) of the Arizona 
Rules and Regulations for Air Pollution Control is disapproved.
    (c) The requirements of subpart G and Sec. 51.281 of this chapter 
are not met since the plan does not provide any enforceable regulations 
and a demonstration that such regulations will cause the attainment and 
maintenance of national ambient air quality standards in Graham and 
Greenlee Counties.
    (d) Section 3, regulation 4 (Ground Level Concentrations) of the 
Mohave County Air Pollution Control Regulations, paragraph E of 
regulation 8-1-1.3 (Air Pollution Prohibited) of the Yuma County Air 
Pollution Control Regulations, and paragraph C of regulation 7-1-1.3 
(Air Pollution Prohibited) of the Rules and Regulations for Pinal-Gila 
Counties Air Quality Control District prohibits any person from causing 
ground level concentrations to exceed ambient standards outside the 
boundaries of hisoperation. These regulations could allow violations of 
ambient air quality standards to occur in areas to which the general 
public has access, contrary to the requirements of section 110(a)(1) of 
the Clean Air Act. Therefore, these regulations are disapproved.

[37 FR 15082, July 27, 1972, as amended at 43 FR 33247, July 31, 1978; 
43 FR 53035, Nov. 15, 1978; 51 FR 40676, 40677, Nov. 7, 1986]



Sec. 52.134   Compliance schedules.

    (a) Federal compliance schedule. (1) Except as provided in paragraph 
(a)(2) of this section, the owner or operator of any stationary source 
subject to Sec. 52.126(b) shall comply with such regulation on or before 
January 31, 1974. The owner or operator of the source subject to 
Sec. 52.125(c) shall comply with such regulation at initial start-up of 
such source unless a compliance schedule has been submitted pursuant to 
paragraph (a)(2) of this section.
    (i) Any owner or operator in compliance with Sec. 52.126(b) on the 
effective date of this regulation shall certify such compliance to the 
Administrator no later than 120 days following the effective date of 
this paragraph.
    (ii) Any owner or operator who achieves compliance with 
Sec. 52.125(c) or Sec. 52.126(b) after the effective date of this 
regulation shall certify such compliance to the Administrator within 5 
days of the date compliance is achieved.
    (2) Any owner or operator of the stationary source subject to 
Sec. 52.125(c) and paragraph (a)(1) of this section may, no later than 
July 23, 1973, submit to the Administrator for approval a proposed 
compliance schedule that demonstrates compliance with Sec. 52.125(c) as 
expeditiously as practicable but not later than July 31, 1977. Any owner 
or operator of a stationary source subject to Sec. 52.126(b) and 
paragraph (a)(1) of this section may, no later than 120 days following 
the effective date of this paragraph, submit to the Administrator for 
approval a proposed compliance schedule that demonstrates compliance 
with Sec. 52.126(b) as expeditiously as practicable but not later than 
July 31, 1975.
    (i) The compliance schedule shall provide for periodic increments of 
progress toward compliance. The dates for achievement of such increments 
shall be specified. Increments of progress shall include, but not be 
limited to: Submittal of the final control plan to the Administrator; 
letting of necessary contracts for construction or process change, or 
issuance of orders for the purchase of component parts to accomplish 
emission control equipment or process modification; completion of onsite 
construction or installation of emission control equipment or process 
modification; and final compliance.
    (ii) Any compliance schedule for the stationary source subject to 
Sec. 52.125(c) which extends beyond July 31, 1975, shall apply any 
reasonable interim measures of control designed to reduce the impact of 
such source on public health.
    (3) Any owner or operator who submits a compliance schedule pursuant 
to this paragraph shall, within 5 days after the deadline for each 
increment

[[Page 96]]

of progress, certify to the Administrator whether or not the required 
increment of the approved compliance schedule has been met.

[38 FR 12705, May 14, 1973, as amended at 39 FR 10584, Mar. 21, 1974; 39 
FR 43277, Dec. 12, 1974; 40 FR 3994, Jan. 27, 1975; 54 FR 25258, June 
14, 1989]



Sec. 52.135   Resources.

    (a) The requirements of Sec. 51.280 of this chapter are not met 
because the transportation control plan does not contain a sufficient 
description of resources available to the State and local agencies and 
of additional resources needed to carry out the plan during the 5-year 
period following submittal.

[38 FR 16564, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.136  Control strategy for ozone: Oxides of nitrogen.

    EPA is approving an exemption request submitted by the State of 
Arizona on April 13, 1994 for the Maricopa County ozone nonattainment 
area from the NOX RACT requirements contained in section 182(f) of 
the Clean Air Act. This approval exempts the Phoenix area from 
implementing the NOX requirements for RACT, new source review 
(NSR), and the applicable general and transportation conformity and 
inspection and maintenance (I/M) requirements of the CAA. The exemption 
is based on Urban Airshed Modeling as lasts for only as long as the 
area's modeling continues to demonstrate attainment without NOX 
reductions from major stationary sources.

[60 FR 19515, Apr. 19, 1995]
Sec. 52.137  [Reserved]



Sec. 52.138  Conformity procedures.

    (a) Purpose. The purpose of this regulation is to provide procedures 
as part of the Arizona carbon monixide implementation plans for 
metropolitan transportation planning organizations (MPOs) to use when 
determining conformity of transportationplans, programs, and projects. 
Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) prohibits MPOs 
from approving any project, program, or plan which does not conform to 
an implementation plan approved or promulgated under section 110.
    (b) Definitions.
    (1) Applicable implementation plan or applicable plan means the 
portion (or portions) of the implementation plan, or most recent 
revision thereof, which has been approved under section 110 of the Clean 
Air Act, 42 U.S.C. 7410, or promulgated under section 110(c) of the CAA, 
42 U.S.C. 7410(c).
    (2) Carbon monoxide national ambient air quality standard (CO NAAQS) 
 means the standards for carbon monoxide promulgated by the 
Administrator under section 109, 42 U.S.C. 7409, of the Clean Air Act 
and found in 40 CFR 50.8
    (3) Cause means resulting in a violation of the CO NAAQS in an area 
which previously did not have ambient CO concentrations above the CO 
NAAQS.
    (4) Contribute means resulting in measurably higher average 8-hour 
ambient CO concentrations over the NAAQS or an increased number of 
violations of the NAAQS in an area which currently experiences CO levels 
above the standard.
    (5) Metropolitan planning organization (MPO) means the organization 
designated under 23 U.S.C. 134 and 23 CFR part 450.106. For the specific 
purposes of this regulation, MPO means either the Maricopa Association 
of Governments or the Pima Association of Governments.
    (6) Nonattainment area means for the specific purpose of this 
regulation either the Pima County carbon monoxide nonattainment area as 
described in 40 CFR 81.303 or the Maricopa County carbon monoxide 
nonattainment area as described in 40 CFR 81.303 (i.e., the MAG urban 
planning area).
    (7) Transportation control measure (TCM) means any measure in an 
applicable implementation plan which is intended to reduce emissions 
from transportation sources.
    (8) Transportation improvement program (TIP) means the staged 
multiyear program of transportation improvements including an annual (or 
biennial) element which is required in 23 CFR part 450.
    (9) Unified planning work program or UPWP means the program required 
by 23 CFR 450.108(c) and endorsed by the metropolitan planning 
organization

[[Page 97]]

which describes urban transportation and transportation-related planning 
activities anticipated in the area during the next 1- to 2-year period 
including the planning work to be performed with federal planning 
assistance and with funds available under the Urban Mass Transportation 
Act (49 U.S.C.) section 9 or 9A. UPWPs are also known as overallwork 
programs or OWPs.
    (c) Applicability. These procedures shall apply only to the Maricopa 
Association of Governments in its role as the designated metropolitan 
planning organization for Maricopa County, Arizona, and the Pima 
Association of Governments in its role as the designated metropolitan 
planning organization for Pima County, Arizona.
    (d) Procedures.
    (1) Transportation Plans and Transportation Improvement Programs.
    (i) Documentation. The MPO shall prepare for each transportation 
plan and program (except for the unified planning work program), as part 
of the plan or program, a report documenting for each plan and program 
the following information:
    (A) the disaggregated population projections and employment which 
were assumed in:
    (1) the applicable plan, and
    (2) the transportation plan/program;
    (B) the levels of vehicle trips, vehicle miles traveled, and 
congestion that were:
    (1) assumed in the applicable plan, and
    (2) expected to result from the implementation of the plan/program 
over the period covered by the applicable plan considering any growth 
likely to result from the implementation of the plan/program;
    (C) for each major transportation control measure in the applicable 
implementation plan;
    (1) the TCM's implementation schedule and, if determined in the 
applicable plan, expected effectiveness in reducing CO emissions,
    (2) the TCM's current implementation status and, if feasible, its 
current effectiveness in reducing CO emissions, and
    (3) actions in the plan/program which may beneficially or adversely 
affect the implementation and/or effectiveness of the TCM;
    (D) the CO emission levels resulting from the implementation of the 
plan/program over the period covered by the applicable plan considering 
any growth likely to result from the implementation of the plan/program; 
and
    (E) the ambient CO concentration levels, micro-scale and regional, 
resulting from the implementation of the plan/program over the period 
covered by the applicable plan considering any growth likely to result 
from the implementation of the plan or program.
    (ii) Findings. Prior to approving a transportation plan/program, the 
MPO shall determine if the plan/program conforms to the applicable 
implementation plan. In making this determination, the MPO shall make 
and support each of the following findings for each transportation plan 
and program using the information documented in paragraph (d)(1)(i) of 
this section:
    (A) that implementation of the transportation plan/program will 
provide for the implementation of TCMs in the applicable plan on the 
schedule set forth in the applicable plan;
    (B) that CO emission levels, microscale and regional, resulting from 
the implementation of the plan/program will not delay attainment or 
achievement of any interim emission reductions needed for attainment 
and/or interfere with maintenance of the CONAAQS throughout the 
nonattainment area during the period covered by the applicable plan; and
    (C) that implementation of the plan/program would not cause or 
contribute to a violation of the CO NAAQS anywhere within the 
nonattainment area during the period covered by the applicable plan.
    (2) Amendments to a Transportation Plan or Transportation 
Implementation Program. Prior to approving any amendment to a 
transportation plan or program, the MPO shall first determine that the 
amendment does not substantially change the information provided under 
paragraph (d)(1)(i) of this section and does not change the findings in 
paragraph (d)(1)(ii) of this section with respect to the original plan 
or program.

[[Page 98]]

    (3) Transportation Projects. As part of any individual 
transportation project approval made by the MPO, the MPO shall determine 
whether the project conforms to the applicable implementation plan using 
the following procedure:
    (i) For projects from a plan and TIP that has been found to conform 
under procedures in paragraph (d)(1) of this section within the last 
three years or from a Plan or TIP amendment that has been found to 
conform under procedures in paragraph (d)(2) of this section in the past 
three years, the MPO shall document as part of the approval document:
    (A) the TIP project number;
    (B) whether the project is an exempt project as defined in paragraph 
(e) of this section; and
    (C) whether the design and scope of the project has changed 
significantly from the design and scope of the project as described in 
the conforming TIP:
    (1) If the design and scope of the project has not changed 
significantly, the MPO may find the project conforming; or
    (2) If the design and scope of the project has changed significantly 
or the design and scope of the project could not be determined from the 
TIP, the MPO shall use the procedures in paragraph (d)(3)(ii) of this 
section to determine if the project conforms to the applicable 
implementation plan.
    (ii) For projects not exempted under paragraph (e) of this section 
and not in a plan or a TIP that has been found to conform under 
procedures in paragraph (d)(1) of this section within the last three 
years:
    (A) Documentation. The MPO shall document as part of the approval 
document for each such project:
    (1) the disaggregated population and employment projections, to the 
extent they are used in
    (i) the applicable plan, and
    (ii) designing and scoping the project;
    (2) the levels of vehicle trips, vehicle miles traveled, and 
congestion that are
    (i) assumed in the applicable plan, and
    (ii) expected to result over the period covered by the applicable 
plan from the construction of the project considering any growth likely 
to result from the project;
    (3) for each transportation control measure in the applicable plan 
likely to be affected by the project:
    (i) its implementation schedule and expected emission reduction 
effectiveness from the applicable plan,
    (ii) its current implementation status and, if feasible, its current 
effectiveness, and
    (iii) any actions as part of the project which may beneficially or 
adversely affect the implementation and/or effectiveness of the TCM;
    (4) CO emission levels which will result from the project over the 
period covered by the applicable plan considering any growth likely to 
result from the project; and
    (5) ambient CO concentration levels which will result from the 
project over the period covered by the applicable plan considering any 
growth likely to result from the project.
    (B) Findings. Prior to approving any transportation project, the MPO 
shall determine if the project conforms to the applicable implementation 
plan. In making this determination, the MPO shall make and support the 
following findings for each project using the information documented in 
paragraph (d)(2)(ii)(A) of this section:
    (1) that the project will provide for the implementation of TCMs 
affected by the project on the schedule set forth in the applicable 
plan;
    (2) that CO emission levels, microscale and regional, resulting from 
the implementation of the project during the period covered by the 
applicable plan will not delay attainment or any required interim 
emission reductions and/or interfere with maintenance of the CO NAAQS in 
an area substantially affected by the project;
    (3) that the project will not cause or contribute to a violation of 
the CO NAAQS during the period covered by the applicable plan near the 
project; and
    (4) that the projected emissions from the project, when considered 
together with emissions projected for the conforming plan and program 
within the nonattainment area, do not cause the

[[Page 99]]

plan and program to exceed the emission reduction projections and 
schedules assigned to such plans and programs in the applicable 
implementation plan.
    (e) Exempt Projects.
    An individual project is exempt from the requirements of paragraph 
(d) of this section if it is:
    (1) located completely outside the nonattainment area;
    (2) a safety project which is included in the statewide safety 
improvement program, will not alter the functional traffic capacity or 
capability of the facility being improved, and does not adversely affect 
the TCMs in the applicable plan;
    (3) a transportation control measure from the approved applicable 
plan; or
    (4) a mass transit project funded under the Urban Mass 
Transportation Act, 49 U.S.C.

[56 FR 5485, Feb. 11, 1991]
Sec. 52.139  [Reserved]



Sec. 52.140   Monitoring transportation   trends.

    (a) This section is applicable to the State of Arizona.
    (b) In order to assure the effectiveness of the inspection and 
maintenance program and the retrofit devices required under the Arizona 
implementation plan, the State shall monitor the actual per-vehicle 
emissions reductions occurring as a result of such measures. All data 
obtained from such monitoring shall be included in the quarterly report 
submitted to the Administrator by the State in accordance with 
Sec. 58.35 of this chapter. The first quarterly report shall cover the 
period January 1 to March 31, 1976.
    (c) In order to assure the effective implementation of Secs. 52.137, 
52.138, and 52.139, the State shall monitor vehicle miles traveled and 
average vehicle speeds for each area in which such sections are in 
effect and during such time periods as may be appropriate to evaluate 
the effectiveness of such a program. All data obtained from such 
monitoring shall be included in the quarterly report submitted to the 
Administrator by the State of Arizona in accordance with Sec. 58.35 of 
this chapter. The first quarterly report shall cover the period from 
July 1 to September 30, 1974. The vehicle miles traveled and vehicle 
speed data shall be collected on a monthly basis and submitted in a 
format similar to Table 1.

                                 Table 1                                
Time period . . . ......................................................
Affected area . . . ....................................................
                                                                        


------------------------------------------------------------------------
                                                  VMT or average vehicle
                                                           speed        
                                                 -----------------------
                  Roadway type                                  Vehicle 
                                                    Vehicle      type   
                                                   type (1)     (2)\1\  
------------------------------------------------------------------------
Freeway.........................................                        
Arterial........................................                        
Collector.......................................                        
Local...........................................                        
------------------------------------------------------------------------
\1\Continue with other vehicle types as appropriate.                    

    (d) No later than March 1, 1974, the State shall submit to the 
Administrator a compliance schedule to implement this section. The 
program description shall include the following:
    (1) The agency or agencies responsible for conducting, overseeing, 
and maintaining the monitoring program.
    (2) The administrative procedures to be used.
    (3) A description of the methods to be used to collect the emission 
data, VMT data, and vehicle speed data; a description of the 
geographical area to which the data apply; identification of the 
location at which the data will be collected; and the time periods 
during which the data will be collected.
    (e) The quarterly reports specified in paragraphs (b) and (c) of 
this section shall be submitted to the Administrator through the 
Regional Office, and shall be due within 45 days after the end of each 
reporting period.

[38 FR 33376, Dec. 3, 1973, as amended at 39 FR 32113, Sept. 5, 1974; 44 
FR 27571, May 10, 1979]
Secs. 52.141--52.143  [Reserved]



Sec. 52.144  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Act 
are not met, since the plan as it applies to stationary sources under 
the jurisdiction of the Pima County Health Department and the Maricopa 
County Department of Health Services and stationary sources locating on 
Indian lands does

[[Page 100]]

not include approvable procedures for preventing the significant 
deterioration of air quality.
    (b) Regulation for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 (b) through (w) are hereby 
incorporated and made a part of the applicable State plan for the State 
of Arizona for that portion applicable to the Pima County Health 
Department and the Maricopa County Department of Health Services and 
sources locating on Indian lands.

[48 FR 19879, May 3, 1983]



Sec. 52.145  Visibility protection.

    (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) Regulations for visibility monitoring and new source review. The 
provisions of Secs. 52.26, 52.27 and 52.28, are hereby incorporated and 
made part of the applicable plan for the State of Arizona.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Arizona.
    (d) This paragraph is applicable to the fossil fuel-fired, steam-
generating equipment designated as Units 1, 2, and 3 at the Navajo 
Generating Station in the Northern Arizona Intrastate Air Quality 
Control Region (Sec. 81.270 of this chapter).
    (1) Definitions.
    Administrator means the Administrator of EPA or his/her designee.
    Affected Unit(s) means the steam-generating unit(s) at the Navajo 
Generating Station, all of which are subject to the emission limitation 
in paragraph (d)(2) of this section, that has accumulated at least 365 
boiler operating days since the passage of the date defined in paragraph 
(d)(6) of this section applicable to it.
    Boiler Operating Day for each of the boiler units at the Navajo 
Generating Station is defined as a 24-hour calendar day (the period of 
time between 12:01 a.m. and 12:00 midnight in Page, Arizona) during 
which coal is combusted in that unit for the entire 24 hours.
    Owner or Operator means the owner, participant in, or operator of 
the Navajo Generating Station to which this paragraph is applicable.
    Unit-Week of Maintenance means a period of 7 days during which a 
fossil fuel-fired steam-generating unit is under repair, and no coal is 
combusted in the unit.
    (2) Emission limitation. No owner or operator shall discharge or 
cause the discharge of sulfur oxides into the atmosphere in excess of 42 
ng/J [0.10 pound per million British thermal units (lb/MMBtu)] heat 
input.
    (3) Compliance determination. Until at least one unit qualifies as 
an affected unit, no compliance determination is appropriate. As each 
unit qualifies for treatment as an affected unit, it shall be included 
in the compliance determination. Compliance with this emission limit 
shall be determined daily on a plant-wide rolling annual basis as 
follows:
    (i) For each boiler operating day at each steam generating unit 
subject to the emission limitation in paragraph (d)(2) of this section, 
the owner or operator shall record the unit's hourly SO2 emissions 
using the data from the continuous emission monitoring systems, 
[required in paragraph (d)(4) of this section] and the daily electric 
energy generated by the unit (in megawatt-hours) as measured by the 
megawatt-hour meter for the unit.
    (ii) Compute the average daily SO2 emission rate in ng/J (lb/
MMBtu) following the procedures set out in method 19, appendix A, 40 CFR 
part 60 in effect on October 3, 1991.
    (iii) For each boiler operating day for each affected unit, 
calculate the product of the daily SO2 emission rate (computed 
according to paragraph (d)(3)(ii) of this section) and the daily 
electric energy generated (recorded according to paragraph (d)(3)(i) of 
this section) for each unit.
    (iv) For each affected unit, identify the previous 365 boiler 
operating days to be used in the compliance determination. Except as 
provided in paragraphs (d)(9) and (d)(10) of this section, all of the 
immediately preceding 365 boiler operating days will be used for 
compliance determinations.

[[Page 101]]

    (v) Sum, for all affected units, the products of the daily SO2 
emission rate-electric energy generated (as calculated according to 
paragraph (d)(3)(iii) of this section) for the boiler operating days 
identified in paragraph (d)(3)(iv) of this section.
    (vi) Sum, for all affected units, the daily electric energy 
generated (recorded according to paragraph (d)(3)(i)of this section) for 
the boiler operating days identified in paragraph (d)(3)(iv) of this 
section.
    (vii) Calculate the weighted plant-wide annual average SO2 
emission rate by dividing the sum of the products determined according 
to paragraph (d)(3)(v) of this section by the sum of the electric energy 
generated determined according to paragraph (d)(3)(vi) of this section.
    (viii) The weighted plant-wide annual average SO2 emission rate 
shall be used to determine compliance with the emission limitation in 
paragraph (d)(2) of this section.
    (4) Continuous emission monitoring. The owner or operator shall 
install, maintain, and operate continuous emission monitoring systems to 
determine compliance with the emission limitation in paragraph (d)(2) of 
this section as calculated in paragraph (d)(3) of this section. This 
equipment shall meet the specifications in appendix B of 40 CFR part 60 
in effect on October 3, 1991. The owner or operator shall comply with 
the quality assurance procedures for continuous emission monitoring 
systems found in appendix F of 40 CFR part 60 in effect on October 3, 
1991.
    (5) Reporting requirements. For each steam generating unit subject 
to the emission limitation in paragraph (d)(2) of this section, the 
owner or operator:
    (i) Shall furnish the Administrator written notification of the 
SO2, oxygen, and carbon dioxide emissions according to the 
procedures found in 40 CFR Sec. 60.7 in effect on October 3, 1991.
    (ii) Shall furnish the Administrator written notification of the 
daily electric energy generated in megawatt-hours.
    (iii) Shall maintain records according to the procedures in 40 CFR 
60.7 in effect on October 3, 1991.
    (iv) Shall notify the Administrator by telephone or in writing 
within one business day of any outage of the control system needed for 
compliance with the emission limitation in paragraph (d)(2) of this 
section and shall submit a follow-up written report within 30 days of 
the repairs stating how the repairs were accomplished and justifying the 
amount of time taken for the repairs.
    (6) Compliance dates. The requirements of this paragraph shall be 
applicable to one unit at the Navajo Generating Station beginning 
November 19, 1997, to two units beginning November 19, 1998, and to all 
units beginning on August 19, 1999.
    (7) Schedule of compliance. The owner or operator shall take the 
following actions by the dates specified:
    (i) By June 1, 1992, award binding contracts to an architectural and 
engineering firm to design and procure the control system needed for 
compliance with the emission limitation in paragraph (d)(2) of this 
section.
    (ii) By January 1, 1995, initiate on-site construction or 
installation of a control system for the first unit.
    (iii) By May 1, 1997, initiate start-up testing of the control 
system for the first unit.
    (iv) By May 1, 1998, initiate start-up testing of the control system 
for the second unit.
    (v) By February 1, 1999, initiate start-up testing of the control 
system for the third unit.

The interim deadlines will be extended if the owner or operators can 
demonstrate to the Administrator that compliance with the deadlines in 
paragraph (d)(6) of this section will not be affected.
    (8) Reporting on compliance schedule. Within 30 days after the 
specified date for each deadline in the schedule of compliance 
(paragraph (d)(7) of this section, the owner or operator shall notify 
the Administrator in writing whether the deadline was met. If it was not 
met the notice shall include an explanation why it was not met and the 
steps which shall be taken to ensure future deadlines will be met.
    (9) Exclusion for equipment failure during initial operation. For 
each unit, in determining compliance for the first year that such unit 
is required to meet

[[Page 102]]

the emission limitation in paragraph (d)(2) of this section, periods 
during which one of the following conditions are met shall be excluded:
    (i) Equipment or systems do not meet designer's or manufacturer's 
performance expectations.
    (ii) Field installation including engineering or construction 
precludes equipment or systems from performing as designed.

The periods to be excluded shall be determined by the Administrator 
based on the periodic reports of compliance with the emission limitation 
in paragraph (d)(2) of this section which shall identify the times 
proposed for exclusion and provide the reasons for the exclusion, 
including the reasons for the control system outage. The report also 
shall describe the actions taken to avoid the outage, to minimize its 
duration, and to reduce SO2 emissions at the plant to the extent 
practicable while the control system was not fully operational. Whenever 
the time to be excluded exceeds a cumulative total of 30 days for any 
control system for any affected unit, the owner or operators shall 
submit a report within 15 days addressing the history of and prognosis 
for the performance of the control system.
    (10) Exclusion for catastrophic failure. In addition to the 
exclusion of periods allowed in paragraph (d)(9) of this section, any 
periods of emissions from an affected unit for which the Administrator 
finds that the control equipment or system for such unit is out of 
service because of catastrophic failure of the control system which 
occurred for reasons beyond the control of the owner or operators and 
could not have been prevented by good engineering practices will be 
excluded from the compliance determination. Events which are the 
consequence of lack of appropriate maintenance or of intentional or 
negligent conduct or omissions of the owner or operators or the control 
system design, construction, or operating contractors do not constitute 
catastrophic failure.
    (11) Equipment operation. The owner or operator shall optimally 
operate all equipment or systems needed to comply with the requirements 
of this paragraph consistent with good engineering practices to keep 
emissions at or below the emission limitation in paragraph (d)(2) of 
this section, and following outages of any control equipment or systems 
the control equipment or system will be returned to full operation as 
expeditiously as practicable.
    (12) Maintenance scheduling. On March 16 of each year starting in 
1993, the owner or operator shall prepare and submit to the 
Administrator a long-term maintenance plan for the Navajo Generating 
Station which accommodates the maintenance requirements for the other 
generating facilities on the Navajo Generating Station grid covering the 
period from March 16 to March 15 of the next year and showing at least 6 
unit-weeks of maintenance for the Navajo Generating Station during the 
November 1 to March 15 period, except as provided in paragraph (d)(13) 
of this section. This plan shall be developed consistent with the 
criteria established by the Western States Coordinating Council of the 
North American Electric Reliability Council to ensure an adequate 
reserve margin of electric generating capacity. At the time that a plan 
is transmitted to the Administrator, the owner or operator shall notify 
the Administrator in writing if less than the full scheduled unit-weeks 
of maintenance were conducted for the period covered by the previous 
plan and shall furnish a written report stating how that year qualified 
for one of the exceptions identified in paragraph (d)(13) of this 
section.
    (13) Exceptions for maintenance scheduling. The owner or operator 
shall conduct a full 6 unit-weeks of maintenance in accordance with the 
plan required in paragraph (d)(12) of this section unless the owner or 
operator can demonstrate to the satisfaction of the Administrator that a 
full 6 unit-weeks of maintenance during the November 1 to March 15 
period should not be required because of the following:
    (i) There is no need for 6 unit-weeks of scheduled periodic 
maintenance in the year covered by the plan;
    (ii) The reserve margin on any electrical system served by the 
Navajo Generating Station would fall to an inadequate level, as defined 
by the criteria referred to in paragraph (d)(12) of this section.

[[Page 103]]

    (iii) The cost of compliance with this requirement would be 
excessive. The cost of compliance would be excessive when the economic 
savings to the owner or operator of moving maintenance out of the 
November 1 to March 15 period exceeds $50,000 per unit-day of 
maintenance moved.
    (iv) A major forced outage at a unit occurs outside of the November 
1 to March 15 period, and necessary periodic maintenance occurs during 
the period of forced outage.

If the Administrator determines that a full 6 unit-weeks of maintenance 
during the November 1 to March 15 period should not be required, the 
owner or operator shall nevertheless conduct that amount of scheduled 
maintenance that is not precluded by the Administrator. Generally, the 
owner or operator shall make best efforts to conduct as much scheduled 
maintenance as practicable during the November 1 to March 15 period.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 
56 FR 50186, Oct. 3, 1991; 61 FR 14975, Apr. 4, 1996]



Sec. 52.146  Particulate matter (PM-10) Group II SIP commitments.

    (a) On December 28, 1988, the Governor's designee for Arizona 
submitted a revision to the State Implementation Plan (SIP) for Casa 
Grande, Show Low, Safford, Flagstaff and Joseph City, that contains 
commitments, from the Director of the Arizona Department of 
Environmental Quality, for implementing all of the required activities 
including monitoring, reporting, emission inventory, and other tasks 
that may be necessary to satisfy the requirements of the PM-10 Group II 
SIPs.
    (b) The Arizona Department of Environmental Quality has committed to 
comply with the PM-10 Group II State Implementation Plan (SIP) 
requirements for Casa Grande, Show Low, Safford, Flagstaff and Joseph 
City as provided in the PM-10 Group II SIPs for these areas.
    (c) On December 28, 1988, the Governor's designee for Arizona 
submitted a revision to the State Implementation Plan (SIP) for Ajo, 
that contains commitments from the Director of the Arizona Department of 
Environmental Quality, for implementing all of the required activities 
including monitoring, reporting, emission inventory, and other tasks 
that may be necessary to satisfy the requirements of the PM-10 Group II 
SIPs.
    (d) The Arizona Department of Environmental Quality has committed to 
comply with the PM-10 Group II State Implementation Plan (SIP) 
requirements.

[55 FR 17437, Apr. 25, 1990 and 55 FR 18108, May 1, 1990]



                           Subpart E--Arkansas



Sec. 52.170   Identification of plan.

    (a) Title of plan: ``Arkansas Plan of Implementation for Air 
Pollution Control.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) A certification that the public hearings on the plan were held 
was submitted by the State Department of Pollution Control and Ecology 
on January 25, 1972. (Non-regulatory)
    (2) State Department of Pollution Control and Ecology letter 
outlining projected emission reductions, ASA forecasts, source 
surveillance, legal authority and interstate cooperation was submitted 
on February 24, 1972. (Non-regulatory)
    (3) Revision of section 16 of the State air code was submitted by 
the Department of Pollution Control and Ecology on July 7, 1972.
    (4) June 27, 1975, letter from the Governor submitting sections 1 
through 10 of the Regulations and Strategy of the Arkansas Plan of 
Implementation for Air Pollution Control except those portions relating 
to delegation of authority to enforce Federal requirements.
    (5) August 16, 1976, statement issued by Director of the Arkansas 
Department of Pollution Control and Ecology specifying the test and 
reference methods for determining compliance with emission limitations.
    (6) Administrative changes to the Arkansas Air Quality Surveillance 
Network were submitted by the Arkansas Department of Pollution Control 
and Ecology on February 15, 1977, January 10, 1978, and March 27, 1978. 
(Non-regulatory.)

[[Page 104]]

    (7) On April 4, 1979, the Governor submitted the nonattainment area 
plan for the area designated nonattainment as of March 3, 1978.
    (8) On August 14, 1979, the Governor submitted supplemental 
information clarifying the plan.
    (9) Revisions to Arkansas Regulation 4.5(a) for the ``Control of 
Volatile Organic Compounds'' showing a final compliance date of June 1, 
1981, was submitted by the Arkansas Governor on December 10, 1979.
    (10) A modification to the definition for lowest achievable emission 
rate (LAER), consistent with the definition contained in section 171(3) 
of the Act, was submitted by the Arkansas Governor on December 10, 1979.
    (11) On July 11, 1979, the Governor submitted revisions to section 
6(a) malfunction or upset and section 7(e) continuous emission 
monitoring of the Arkansas Regulations.
    (12) Revisions to section 3 (i.e., 3.(a), (b), (k), (l), (n), (o), 
(z), (bb), (dd), (ee), (ff), and (gg)), section 4 (i.e., 4.1(b), 4.2(a), 
4.5(a)(1), 4.5(a)(2), 4.6(c), and 4.6(d)), and section 5 (i.e., 5.4 and 
5.5) were adopted by the Arkansas Commission on Pollution Control and 
Ecology on September 26, 1980 and submitted by the Governor on October 
10, 1980.
    (13) Revisions to section 3 (i.e., 3.(ii) through 3.(nn)), section 4 
(i.e., 4.1, 4.5(a)(1), 4.5(a)(2), and 4.6(e)), and section 5 (i.e., 5.6) 
of the Arkansas Regulations for the Control of Volatile Organic 
Compounds were adopted by the Arkansas Commission on Pollution Control 
and Ecology on April 10, 1981 and submitted by the Governor on April 23, 
1981.
    (14) A variance to Regulation 8 for Weyerhaeuser Gypsum Plant in 
Nashville, Arkansas was submitted by the Governor on June 29, 1981.
    (15) On April 23, 1981, the Governor submitted revisions to the plan 
to incorporate Federal Prevention of Significant Deterioration (PSD) 
Regulations 40 CFR 52.21 by reference.
    (16) On September 11, 1981, the Governor submitted a revision to 
section 8 of the Regulations of the Arkansas Plan of Implementation for 
Air Pollution Control which implements an emission limit for Energy 
Systems Company of El Dorado, Arkansas.
    (17) The Arkansas State Implementation Plan for lead was submitted 
to EPA on December 10, 1979, by the Governor of Arkansas as adopted by 
the Arkansas Department of Pollution Control and Ecology on November 16, 
1979. A letter of clarification dated January 5, 1982, also was 
submitted.
    (18) Revisions to the plan for intergovernmental consultation, 
interstate pollution abatement, and composition of the Arkansas 
Commission on Pollution Control and Ecology were submitted to EPA by the 
Arkansas Department of Pollution Control and Ecology on January 9, 1980.
    (19) Revision to the plan for maintenance of employee pay was 
submitted to EPA by the Arkansas Department of Pollution Control and 
Ecology on January 9, 1980.
    (20) On April 24, 1980, the Governor submitted final revisions to 
the ambient monitoring portion of the plan.
    (21) On December 10, 1979, the Governor submitted a revision to 
Section 5.1(a) of the Regulation of the Arkansas Plan of Implementation 
for Air Pollution Control, which controls VOC emissions. This revision 
was adopted by the Arkansas Commission on Pollution Control and Ecology 
on November 16, 1979.
    (22) On July 12, 1985, the Governor submitted a revision entitled, 
``Protection of Visibility in Mandatory Class I Federal Areas, May 6, 
1985.'' This submittal included new source review regulations and 
visibility monitoring strategy as adopted by the Arkansas Commission on 
Pollution Control and Ecology on May 24, 1985.
    (i) Incorporation by reference.
    (A) New source review regulations include amendments to rules and 
regulations of the Arkansas Department of Pollution Control and Ecology 
entitled, ``Prevention of Significant Deterioration Supplement to the 
Arkansas Plan of Implementation for Air Pollution Control,'' Sections 1 
through 6, adopted on May 24, 1985.
    (B) Arkansas Department of Pollution Control and Ecology Minute 
Order No. 85-12, adopted May 24, 1985.
    (ii) Additional Material.
    (A) Narrative submittal, including introduction, and visibility 
monitoring strategy.

[[Page 105]]

    (23) A revision to the Arkansas Plan of Implementation of Air 
Pollution Control was submitted by the Governor on November 25, 1985.
    (i) Incorporation by reference. (A) Act 763 of 1985 (public 
availability of emission data) approved April 3, 1985. Act 763 of 1985 
amends section 82-1937 (Industrial secrets confidential--Revealing a 
misdemeanor) of the Arkansas Water and Air Pollution Control Act.
    (24) A revision to the Arkansas Plan of Implementation for Air 
Pollution Control was submitted by the Governor on December 16, 1985.
    (i) Incorporation by reference. (A) Act 817 of 1983 (permit fees) 
adopted March 25, 1983. Act 817 of 1983 added sections 82-1916 thru 82-
1921 to the Arkansas Statutes. (B) Arkansas Department of Pollution 
Control and Ecology Regulation No. 9 (Regulations for Development and 
Implementation of a Permit Fee System for Environmental Permits) adopted 
by the Arkansas Commission on Pollution Control and Ecology on November 
16, 1984. Only those portions of Regulation No. 9 related to air permits 
are incorporated.
    (25) Part II of the Visibility Protection Plan was submitted by the 
Governor on October 9, 1987.
    (i) Incorporation by reference.
    (A) Revision entitled ``Arkansas Plan of Implementation for Air 
Pollution Control--Revision: Protection of Visibility in Mandatory Class 
I Federal Areas: Part II--Long-Term Strategy, September 29, 1987''. This 
submittal includes a visibility long-term strategy and general plan 
provisions as adopted by the Arkansas Commission on Pollution Control 
and Ecology on September 25, 1987.
    (B) Arkansas Department of Pollution Control and Ecology, Minute 
Order No. 87-24, adopted September 25, 1987.
    (ii) Additional material.
    (A) None.
    (26) A revision to the Arkansas Plan of Implementation for Air 
Pollution Control, as adopted by the Arkansas Commission on Pollution 
Control and Ecology on May 22, 1987, was submitted by the Governor of 
Arkansas on July 1, 1987. This revision adds the definitions and 
dispersion technique regulations required to implement the Federal stack 
height regulations.
    (i) Incorporation by reference. (A) Sections 3(r), 3(s), 3(t), 3(u), 
3(v), 3(w), 3(x), 3(y), 5(f), and 5(g) of the Arkansas Plan of 
Implementation for Air Pollution Control as adopted by the Arkansas 
Commission on Pollution Control and Ecology on May 22, 1987.
    (ii) Additional material--None.
    (27) Revisions to the Arkansas State Implementation Plan for (1) the 
National Ambient Air Quality Standards and particulate matter 
definitions (subsections (z) through (ff) of ``Section 3. 
Definitions''). (2) Prevention of Significant Deterioration of Air 
Quality and its Supplement, and (3) subsection f(ix) of ``Section 4. 
Permits'', as adopted on March 25, 1988, by the Arkansas Commission on 
Pollution Control and Ecology, were submitted by the Governor on June 3, 
1988.
    (i) Incorporation by reference. (A) Regulations of the Arkansas Plan 
of Implementation for Air Pollution Control ``Section 3. Definitions'', 
subsections (z) through (ff), as promulgated on March 25, 1988.
    (B) Prevention of Significant Deterioration Supplement Arkansas Plan 
of Implementation For Air Pollution Control, as amended on March 25, 
1988.
    (C) Regulations of the Arkansas Plan for Implementation for Air 
Pollution Control ``Section 4. Permits'', subsection f(ix), as 
promulgated on March 25, 1988.
    (ii) Other material--None.
    (28) Revisions to the Arkansas State Implementation Plan for 
Prevention of Significant Deterioration (PSD) of Air Quality Supplement 
Arkansas Plan of Implementation for Air Pollution Control (PSD nitrogen 
dioxide increments), as adopted on May 25, 1990, by the Arkansas 
Commission on Pollution Control and Ecology, were submitted by the 
Governor on June 19, 1990.
    (i) Incorporation by reference.
    (A) Prevention of Significant Deterioration Supplement Arkansas Plan 
of Implementation For Air Pollution Control as amended on May 25, 1990.
    (ii) Additional Material--None.
    (29)-(30)  [Reserved]
    (31) The State is required to implement a Small Business Stationary 
Source Technical and Environmental

[[Page 106]]

Compliance Assistance Program (PROGRAM) as specified in the plan 
revision submitted by the Governor on November 6, 1992. This plan 
submittal, as adopted by the Arkansas Commission on Pollution Control 
and Ecology on November 5, 1992, was developed in accordance with 
section 507 of the Clean Air Act. On April 23, 1993, the Governor 
submitted Act 251 of 1993 which establishes the Compliance Advisory 
Panel (CAP) for the PROGRAM.
    (i) Incorporation by reference.
    (A) Act 251 of 1993 approved by the Governor on February 26, 1993. 
Included in this Act are provisions creating a CAP, establishing 
membership of the CAP, and addressing the responsibilities and duties of 
the CAP.
    (B) Arkansas Department of Pollution Control and Ecology, Minute 
Order No. 92-81, adopted November 5, 1992.
    (ii) Additional material.
    (A) Revision entitled, ``Arkansas Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program SIP 
Revision'', adopted November 5, 1992.
    (B) Legal opinion letter dated November 5, 1992, from Steve Weaver, 
Chief Counsel, Arkansas Department of Pollution Control and Ecology, 
regarding legality of Commission teleconference meeting.

[37 FR 10850, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.170, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.171   Classification of regions.

    The Arkansas plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Central Arkansas Intrastate...............................          II        III       III       III        III
Metropolitan Fort Smith Interstate........................          II        III       III       III        III
Metropolitan Memphis Interstate...........................           I        III       III       III          I
Monroe (Louisiana)-El Dorado (Arkansas) Interstate........          II        III       III       III        III
Northeast Arkansas Intrastate.............................         III        III       III       III        III
Northwest Arkansas Intrastate.............................         III        III       III       III        III
Shreveport-Texarkana-Tyler Interstate.....................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------

[37 FR 10850, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 
FR 6571, Jan. 29, 1980]



Sec. 52.172  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Arkansas' plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Further, the 
Administrator finds that the plan satisfies all requirements of Part D 
of the Clean Air Act, as amended in 1977, except as noted below.

[45 FR 6571, Jan. 29, 1980]
Secs. 52.173--52.180  [Reserved]



Sec. 52.181  Significant deterioration of air quality.

    (a) The plan submitted by the Governor of Arkansas on April 23, 1981 
[as adopted by the Arkansas Commission on Pollution Control and Ecology 
(ACPCE) on April 10, 1981], June 3, 1988 (as revised and adopted by the 
ACPCE on March 25, 1988), and June 19, 1990 (as revised and adopted by 
the ACPCE on May 25, 1990), Prevention of Significant Deterioration 
(PSD) Supplement Arkansas Plan of Implementation For Air Pollution 
Control, is approved as meeting the requirements of Part C, Clean Air 
Act for preventing significant deterioration of air quality.
    (b) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for Federally designed Indian lands. Therefore, the 
provisions of Sec. 52.21 (b) through (w) are hereby incorporated by 
reference and made a part of the applicable implementation plan and are 
applicable to sources located on land under the control of Indian 
governing bodies.

[56 FR 20139, May 2, 1991]

[[Page 107]]



Sec. 52.183  Small business assistance program.

    The Governor of Arkansas submitted on November 6, 1992, a plan 
revision to develop and implement a Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program (PROGRAM) to 
meet the requirements of section 507 of the Clean Air Act by November 
15, 1994. The plan commits to provide technical and compliance 
assistance to small businesses, hire an Ombudsman to serve as an 
independent advocate for small businesses, and establish a Compliance 
Advisory Panel to advise the program and report to the EPA on the 
program's effectiveness. On April 23, 1993, the Governor submitted Act 
251 of 1993 which establishes the Compliance Advisory Panel for the 
PROGRAM.

[60 FR 12695, Mar. 8, 1995]



                          Subpart F--California



Sec. 52.219  Identification of plan--conditional approval.

    The plan revision commitments listed in paragraph (a) of this 
section were submitted on the date specified.
    (a) On November 13, 1992, California submitted a commitment to 
prepare a revision to the California State Implementation Plan (SIP) for 
the California ozone nonattainment areas to address the requirement in 
section 182(c)(4)(B) of the 1990 Clean Air Act Amendments that requires 
the States to develop a SIP revision for all ozone nonattainment areas 
classified as serious and above to opt-out of the Clean-Fuel Fleet 
Program by submitting for EPA approval a substitute program(s) resulting 
in as much or greater long-term reductions in ozone-producing and toxic 
air emissions. The State submittal contained an interim milestone to 
supply more accurate emission reduction data demonstrating equivalence 
no later than one year after the publication date of the Federal 
Register notice approving the State's committal SIP revision. California 
is required to submit the final SIP revision by May 15, 1994. The State 
held a public meeting on this committal SIP on March 17, 1992. The 
California SIP revisions are met automatically when the SIP revision 
concerns a regulation previously adopted by the Board.
    (b) [Reserved]

[58 FR 62533, Nov. 29, 1993]



Sec. 52.220  Identification of plan.

    (a) Title of plan: ``The State of California Implementation Plan for 
Achieving and Maintaining the National Ambient Air Quality Standards''.
    (b) The plan was officially submitted on February 21, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Air quality data submitted on April 10, 1972, by the Air 
Resources Board.
    (2) Report on status of regulations submitted on April 19, 1972, by 
the Air Resources Board.
    (3) Emission inventory submitted on April 21, 1972, by the Air 
Resources Board.
    (4) Air quality data submitted on April 26, 1972, by the Air 
Resources Board.
    (5) Air quality data submitted on May 5, 1972, by the Air Resources 
Board.
    (6) Revised regulations for all APCD's submitted on June 30, 1972, 
by the Governor, except for:
    (i) San Diego County Air Pollution Control District.
    (A) Rule 65 is now removed without replacement as of March 14, 1989.
    (7) Information (Non-regulatory) regarding air quality surveillance 
submitted on July 19, 1972, by the Air Resources Board.
    (8) Compliance schedules submitted on December 27, 1973, by the Air 
Resources Board.
    (9) Compliance schedules submitted on February 19, 1974, by the Air 
Resources Board.
    (10) Compliance schedules submitted on April 22, 1974, by the Air 
Resources Board.
    (11) Compliance schedules submitted on June 7, 1974, by the Air 
Resources Board.
    (12) Compliance schedules submitted on June 19, 1974, by the Air 
Resources Board.
    (13) Compliance schedules submitted on September 4, 1974, by the Air 
Resources Board.

[[Page 108]]

    (14) Compliance schedules submitted on September 19, 1974, by the 
Air Resources Board.
    (15) Compliance schedules submitted on October 18, 1974, by the Air 
Resources Board.
    (16) Compliance schedules submitted on December 4, 1974, by the Air 
Resources Board.
    (17) Compliance schedules submitted on January 13, 1975, by the Air 
Resources Board.
    (18) Air quality maintenance area designations submitted on July 12, 
1974, by the Governor.
    (19)-(20) [Reserved]
    (21) Revised regulations for the following APCD's submitted on July 
25, 1973, by the Governor.
    (i) Lassen County APCD.
    (A) Appendix A (Implementation Plan for Agricultural Burning) and 
Appendix B (Enforcement).
    (ii) Modoc County APCD.
    (A) Rule 3:10A and Regulation V (Rules 5:1 to 5:7).
    (iii) Siskiyou County APCD.
    (A) Rules 2.13, 4.5, 4.12, 4.13, 4.14, and Implementation Plan for 
Agricultural Burning.
    (iv) Bay Area APCD.
    (A) Regulation 1.
    (1) Division 1, Sections 1000-1010.
    (2) Division 2, Section 2000.
    (3) Division 3, Sections 3000-3004, 3100-3111, 3115-3118, 3120, and 
3200-3500.
    (4) Division 4.
    (B) Regulation 4.
    (1) Sections 1-2.
    (C) Regulation 2.
    (1) Division 1, Sections 1214 to 1214.3.
    (D) Regulation 3.
    (1) Division 1, Sections 1205 to 1205.3.
    (v) Butte County APCD.
    (A) Sections 1-1 to 1-35, 2-8, 2-10 to 2-11, 2A-1 to 2A-18, 3-2 to 
3-2.1, 3-6, 3-9, 3-10.1, 3-11.1, 3.14, and 3.16.
    (vi) San Diego County APCD.
    (A) Rules 41, 55, 58, and 101-113.
    (vii) Tehama County APCD.
    (A) Rules 1:2, 3:1-3, 3:3a, 3:3b, 3:4-3:5, 3:5a, 3:6-3:14, 4:6, and 
Implementation Plan for Agricultural Burning.
    (viii) Yuba County APCD.
    (A) Rules 1.1, 2.1-2.2, 2.10, 4.11, and Agricultural Burning 
Regulations, Sections 1 to 6.
    (B) Rule 4.5.
    (ix) Kings County APCD.
    (A) Rules 102, 105-108, 110, 404-406, 409, 417-I, II, IV, and 510.
    (B) Rule 111.
    (x) Colusa County APCD.
    (A) Rule 6.5 and Amendment Number 3.
    (B) Rule 4.4g.
    (xi) Imperial County APCD.
    (A) Agricultural Burning Implementation Plan (Rules 200-206).
    (xii) Sacramento County APCD
    (A) Rules 72, 90, 91, and 92.
    (xiii) Ventura County APCD.
    (A) Rules 2, 37, 56, 59, 60, and 101.
    (xiv) Yolo-Solano APCD.
    (A) New or amended Rules 1.2 (a, b, d to g, i to x, and z to ae), 
1.4, 2.4(e), 2.8, 2.9, 4.1 to 4.5, 5.1 to 5.18, 6.1 (i) and (j), 6.2 to 
6.5, and 6.7 to 6.8.
    (xv) San Bernardino County APCD.
    (A) New or amended Rules 5(a), 53A, 57, 57.1, 57.2.
    (xvi) Santa Barbara County APCD.
    (A) Rules 2(a, b, k, l, m, n, o, p, q, r, s, t, u, v, w), 40 [with 
the exception of 40(4)(m)].
    (xvii) Calaveras County APCD.
    (A) Rules 110 and 402(f).
    (xviii) Los Angeles County APCD (Metropolitan Los Angeles portion).
    (A) Amended Rule 45.
    (22) Revised regulations for the following APCD's submitted on 
November 2, 1973 by the Governor's designee.
    (i) Bay Area APCD.
    (A) Regulation 2.
    (1) Division 1, Section 1222.
    (2) Division 3, Section 3211.
    (3) Division 4, Section 4113.
    (4) Division 8, Sections 8414-8416.
    (5) Division 9, Sections 9613, 9615, 9711.3, and 9711.5.
    (6) Division 11, Section 11101.
    (23) Revised regulations for the following APCD's submitted on 
January 22, 1974 by the Governor's designee.
    (i) Sacramento County APCD.
    (A) Rule 30.
    (ii) Santa Barbara County APCD.
    (A) Rules 22, 24.1, 24.2.
    (24) Revised regulations for the following APVD's submitted on July 
19, 1974, by the Governor's designee.
    (i) Sutter County APCD.
    (A) Rule 1.3
    (ii) Bay Area APCD.
    (A) Regulation 1: (1) Sections 3112-3114, 3119 and 3122.
    (iii) San Diego County APCD.

[[Page 109]]

    (A) Regulation IX.
    (B) Rule 61.
    (iv) Stanislaus County APCD.
    (A) Rules 103, 108, 108.1, 113, 401, 402, 403, 404, 405, 409.1, 
409.2, 418, 421, 505, 518, and 401.1.
    (B) Rule 110.
    (v) Tehama County APCD.
    (A) Rules 3:14 and 4:18.
    (B) Rule 4:17.
    (vi) Shasta County APCD.
    (A) Rules 1:1 to 1:2, 2:6(1.)(a), 2:6(1.)(b) (i-ii and iv-vii) 
2:6(1.)(c)(i-vi), 2:6(1.)(d-e), 2:6(2-4), 2:7, 2:8(a-c), 2:9, 2:11, 
2:14, 2:25, 3:1 to 3:9, 3:11 to 3:12, and 4:1 to 4:23.
    (B) Rule 3:10.
    (vii) Kern County APCD.
    (A) Rules 102, 103, 108, 108.1, 110, 113, 114, 301, 305, 401, 404, 
405, 407.3, 409, 411, 413, 414, 417-I and II, 504, 516, and 518
    (B) Rule 111.
    (C) Rules 601-615, except those portions pertaining to sulfur 
dioxide and the 12-hour carbon monoxide criteria levels.
    (viii) Sacramento County APCD.
    (A) Rules 11, 39, 44, 70, 73, and 111.
    (B) Rules 123 and 124, except those portions that pertain to the 12-
hour CO criteria level.
    (ix) Yolo-Solano APCD.
    (A) Rule 2.22.
    (B) New or amended Rules 1.2(c, h, and y), 1.3, 2.11 to 2.16, 2.19, 
4.3, 5.4, 5.6, and 5.12.
    (x) Ventura County APCD.
    (A) Rules 2, 3, 31, 32, 200, 203, and 204.
    (B) Rule 32.
    (C) Rules 70, 73.
    (D) Rule 96.
    (E) Rule 111.
    (xi) Santa Barbara County Air Pollution Control District.
    (A) Rules 150 to 152, 154 to 159, 160A, and 161 to 164, except those 
portions pertaining to nitrogen oxides, sulfur dioxide and the 12-hour 
carbon monoxide criteria levels.
    (25) Revised regulations for the following APCD's submitted on 
October 23, 1974 by the Governor's designee.
    (i) Fresno County APCD.
    (A) Rules 102, 103, 108, 108.1, 111-114, 401, 404-406, 408, 409.1, 
409.2, 416, 416.1a, b, c(2), c(3), d, e(2), and f, 505 and 518.
    (B) Rule 110.
    (C) New or amended Rules 402 (a to g), 416.1(c)(1), 416.1(e)(1), 
416.1(e)(3), and 416.1(e)(4).
    (D) Rules 601-615, except those portions pertaining to sulfur 
dioxide and the 12-hour carbon monoxide criteria levels.
    (ii) San Joaquin County APCD.
    (A) Rules 102, 103, 108, 108.1, 108.2, 113, 305, 404-406, 407.2, 
407.3, 408, 408.1, 409.1, 409.2, 410, 413, 414, 416, 416.1A to C, and 
D.3 to E., 417, 420, 420.1, 421, 504, 505, and 510-520.
    (B) Rule 110.
    (C) New or amended Rules 416.1 (D)(1) and (D)(2).
    (iii) Lake County APCD.
    (A) Parts II--V, Sections 3-7 of Part VI, Parts XI-XIII, Appendix A 
(Agricultural Burning Definitions A-M, Burning Regulations/Agricultural 
Burning (Farm) 1-9, /Farm 1-3, /Range 1-2), Appendix B (Parts I-II, Part 
IV-1, 2, 5, and 6, Part V-1, 4, 5 and 6, Parts VI-VII, Part VIII-1-7 and 
9, Parts IX-X), Tables I-IV.
    (iv) Tulare County APCD.
    (A) Rules 102, 103, 108.1, 110, 112-114, 302, 401, 404-406, 407.3, 
408, 410, 410.1, 410.2, 411, 420, 503-505, and 515.
    (v) Ventura County APCD.
    (A) Rules 2 and 125.
    (vi) Santa Barbara County Air Pollution Control District.
    (A) Rule 160B, except those portions pertaining to nitrogen oxides, 
sulfur dioxide and the 12-hour carbon monoxide criteria levels.
    (vii) Monterey Bay Unified APCD.
    (A) Rules 100 to 106, 300 to 303, 400 to 401, 403, 404(a)(b)(d), 405 
to 408, 412 to 417, 419 to 420, 500 to 508, 600 to 616, and 800 to 816.
    (26) Revised regulations for the following APCD's submitted on 
January 10, 1975, by the Governor's designee.
    (i) Sutter County APCD
    (A) Rule 4.1
    (ii) Bay Area APCD
    (A) Regulation 2: (1) Sections 2018.1-2.
    (B) Regulation 7.
    (C) Regulation 8.
    (iii) Butte County APCD.
    (A) Sections 3-11, 3-12, and 3-12.1.
    (iv) Glenn County APCD.
    (A) Sections 2, 3.1, 10-14.3, 16, 17, 21, 21.1, 24, 57, 58, 81, 85, 
86, 95.1, 118, 122.1-122.3, 154 and 155.
    (B) Rules 95.2 and 95.3.
    (v) Yuba County APCD.
    (A) Agricultural Burning Regulations, sections 1 and 3.

[[Page 110]]

    (vi) Colusa County APCD.
    (A) Rules 6.2 and 6.4.d. (1-2).
    (vii) Fresno County APCD.
    (A) Rules 409, 417, 503, 507, 513, and 515.
    (viii) Mariposa County APCD.
    (A) Rules 101, 102, 201, 202, 203 (a-f, h, i, and k), 204-216, 301-
303, 305-306, 308-313, 315-323, 401-403, 405-409, and 600-618.
    (B) Rule 203(j).
    (ix) Sierra County APCD.
    (A) Rules 101, 102, 201-216, 301-323, 405-409, 601-620, 6, 27, 29, 
and 51-56.
    (x) Shasta County APCD.
    (A) Rules 2:6(5)(b), 3:1, 3:2, 4:6, and 4:14.
    (xi) Tulare County APCD.
    (A) Rules 417 and 417.1a. thru d., e.2., and f.
    (B) New or amended Rules 417.1 (e)(1), (e)(3) and (e)(4).
    (xii) Kern County APCD.
    (A) Rules 410 and 503.
    (xiii) Madera County APCD.
    (A) Rules 102, 103, 105, 108, 112-114, 301, 305, 401, 402, (a-e, and 
g), 404-406, 407.2, 407.3, 408, 409, 409.1 409.2, 412, 416, 416.1a, b, 
c(2), c(3), d, e(2), f, 504, 505, and 518.
    (B) Rule 402(f).
    (C) Rule 110.
    (D) New or amended Rules 416.1 (c)(1), (e)(1), (e)(3), and (e)(4).
    (xiv) Yolo-Solano APCD.
    (A) New or amended Rule 6.1 (a), (b), (c), (d), (e), and (g) (1, 2, 
and 3).
    (xv) Monterey Bay Unified APCD.
    (A) Rules 49 to 411 and 421.
    (xvi) Plumas County APCD.
    (A) Rule 203(j).
    (B) New or amended Rules 101, 102, 201, 202, 204, 206, 209, 210(a), 
214, 216, 216-49, 216-50, 216-51, 216-54, 216-55, 216-56, 216-1, 216-2, 
216-3, 305, 306, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 
403, 405, 406, 408, 701, 702, 704, 705, 706, 707, 708, 709, 711, 712, 
713, 714, 715, 716, 717.
    (C) Previously approved and now deleted (without replacement) Rules 
51.7, 57.5, 62, 70.
    (xvii) Placer County APCD.
    (A) New or amended Rules 102, 105, 201, 202, 204, 209, 312, 403, 
405, 406, 701, 705, 707, 711, 712, 713, 714, 716, 717.
    (27) Revised regulations for the following APCD's submitted on April 
10, 1975, by the Governor's designee.
    (i) Stanislaus County APCD.
    (A) Rule 409.
    (ii) Tehama County APCD.
    (A) Rule 4:6.
    (iii) Sacramento County APCD.
    (A) Rules 12, 22a, 22b, 25, 32-34, and 40.
    (iv) Bay Area APCD.
    (A) Regulation 2, section 1302.2 and section 1302.22.
    (B) Rules 32, 33, 34, 38, 40.
    (v) San Bernardino County APCD.
    (A) New or amended Rule 73.
    (vi) Riverside County APCD.
    (A) New or amended Rule 57.
    (vii) Nevada County APCD.
    (A) New or amended Rules 101, 102, 105, 106, 107, 201, 202, 203 
[with exception of (g)], 204, 206, 208, 209, 210(a), 212, 214, 215, 301, 
302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 
317, 318, 322, 401, 403, 405, 406, 408, 601, 602, 701, 702, 703, 705, 
706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717.
    (viii) El Dorado County APCD.
    (A) New or amended Rules 101, 102, 202, 204, 206, 209, 210(a), 212, 
214, 301, 305, 306, 309, 310, 311, 312, 313, 315, 316, 317, 318, 323, 
401, 403, 405, 406, 408, 601, 602, 701, 702, 704, 705, 706, 707, 708, 
709, 711, 712, 713, 714, 715, 716, 717.
    (B) Previously approved and now deleted (without replacement) Rules 
5, 6, 7.
    (ix) [Reserved]
    (x) Santa Barbara County APCD.
    (A) Rules 32, 36, 36.3, 36.4, 36.5, 37, 38.
    (28) Revised regulations for the following APCD's submitted on July 
22, 1975, by the Governor's designee.
    (i) Sutter County APCD
    (A) Rules 1.2, 2.82, and 4.11.
    (ii) San Diego County APCD.
    (A) Rule 66.
    (iii) Yuba County APCD
    (A) Rule 1.1.
    (iv) Calaveras County APCD.
    (A) Rules 102, 201-215, 301-323, 401-403, 405-408, 409 (Public 
Records), 601-604, 700-717, 105, 106, 110, 407(b), 409 (Organic 
Solvents), 409.1 (Architectural Coatings), 409.2 (Disposal and 
Evaporation of Solvents), 412, and 413.
    (v) Tuolumne County APCD.
    (A) Rules 102, 201, 202, 203, (a-f, h, i, and k), 204-216, 301-303, 
305-306, 308-313, 315-323, 400-403, 405-408, 409 (Public Records), 600-
618, 105-110, 301-304, 409 (Fuel Burning Equipment, Oxides of Nitrogen), 
410, and 412-414.
    (vi) Kings County APCD.
    (A) Rule 410.
    (vii) Shasta County APCD.

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    (A) Rule 2.8(e).
    (viii) Kern County APCD.
    (A) Rules 115, 407.1, 422, and 423.
    (ix) Sacramento County APCD.
    (A) Rule 93.
    (x) Riverside County APCD.
    (A) New or amended Rule 53.
    (xi) Orange County APCD (Metropolitan Los Angeles portion).
    (A) Amended Rule 53.
    (29) Revised regulations for the following APCD's submitted on 
November 3, 1975 by the Governor's designee.
    (i) Lake County APCD.
    (A) Part III, Number 59a.
    (ii) Sacramento County APCD.
    (A) Rules 13 and 14.
    (B) Rules 71, 112, and 113.
    (iii) Monterey Bay Unified APCD.
    (A) Rule 418.
    (iv) Bay Area APCD.
    (A) Regulation 2, section 1302.21 and section 1302.23.
    (v) San Diego County.
    (A) Rule 63.
    (B) Rules 112, 113.
    (vi) Ventura County APCD.
    (A) Rules 65, 66, 72, and 73.
    (30) Revised regulations for the following APCD's submitted on 
February 10, 1976 by the Governor's designee.
    (i) Bay Area APCD
    (A) Regulation 1: (1) Section 3121.
    (B) Regulation 6.
    (ii) Butte County APCD
    (A) Section 3-11.2
    (iii) Yuba County APCD.
    (A) Agricultural Burning Regulations, sections 1 and 3.
    (iv) Colusa County APCD.
    (A) Rule 6.6A.I and 6.6A.II-1. (a-f).
    (v) Fresno County APCD.
    (A) Rules 115, 422, 423, and 407.
    (vi) San Joaquin County APCD.
    (A) Rules 114, 401, 402, 407.1, 409, 411, 422 and 423.
    (B) [Reserved]
    (C) Rule 411.1 and 411.2.
    (vii) Lake County APCD.
    (A) Table V.
    (viii) Sacramento County APCD.
    (A) Rules 94-97.
    (ix) Ventura County APCD.
    (A) Rules 70 and 71.
    (x) Southern California APCD.
    (A) New or amended Rules 501, 502, 506, 507, 508, 509, 511, 512, 
513, 514, 515, 516, 517, 518, 801, 803, 804, 807, 808, 809, 810, 811, 
813, 814, 815, 817.
    (xi) Santa Barbara County APCD.
    (A) Rule 32.1.
    (31) Revised regulations for the following APCD's submitted on April 
21, 1976, by the Governor's designee.
    (i) Great Basin Unified APCD.
    (A) [Reserved]
    (B) Rules 100 to 107, 215, 300 to 303, 400 to 402, 404 to 413, 416 
to 421, 500 to 501, 600 to 616, and 800 to 817.
    (C) Alpine County APCD: Rules 1.4, 3.1, 4.2-1, 4.7, 4.7-1, 4.8, 
4.10, 4.11, and 5.18.
    (D) Inyo County APCD: Rules 1.3, 3.1, 4.1, 4.10, 4.11, 4.12, and 
5.1.
    (E) Mono County APCD: Rules 1.4, 3.1, 4.2-1, 4.7, 4.7-1, 4.8, 4.10, 
4.11, 5.1, and 5.18.
    (ii) Sutter County APCD
    (A) Rule 4.1
    (iii) San Diego County APCD.
    (A) Rule 5.
    (iv) Glenn County APCD
    (A) Sections 14.3 and 15.
    (v) Kings County APCD.
    (A) Rule 411.
    (B) Rules 412 and 412.1.
    (vi) Southern California APCD.
    (A) Rules 461 and 462.
    (B) New or amended Rules 103, 104, 105, 106.
    (C) Rules 201-207, 209-212, 214-217, and 219.
    (vii) Santa Barbara County APCD.
    (A) Rule 35.1 and 35.2.
    (B) Rule 2(x).
    (C) Rule 63, except those portions pertaining to sulfur dioxide and 
the 12-hour carbon monoxide criteria levels.
    (viii) Fresno County APCD.
    (A) Rule 411 and 411.1.
    (ix) Kern County APCD.
    (A) Rule 412 and 412.1.
    (x) Stanislaus County APCD.
    (A) Rule 411 and 411.1.
    (xi) Tulare County APCD.
    (A) Rule 412 and 412.1.
    (xii) Madera County APCD.
    (A) Rule 411.1 and 411.2.
    (xiii) Ventura County APCD.
    (A) Rules 2, 4, 36, 40, 41, 42, 43, 104, 201, and 202.
    (xiv) Yolo-Solano APCD.
    (A) New or amended Rules 6.1(f) (1 and 2), (g)(4), (h) (1 and 2) and 
6.6.
    (xv) Nevada County APCD.
    (A) Amended Rule 211.
    (xvi) Bay Area APCD.
    (A) Regulation 2, section 3212.

[[Page 112]]

    (B) Regulation 3, section 3203.
    (xvii) [Reserved]
    (xviii) Amador County APCD.
    (A) Rule 404.
    (B) New or amended Rules 101, 102, 104, 105, 106, 107, 201, 202, 
204, 206, 207.1, 209, 210(A), 211, 212, 213.2, 213.3, 214, 305, 307, 
308, 312, 401, 402, 403, 405, 406, 408, 409, 601, 602, 603, 702, 704, 
705, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717.
    (C) Previously approved and now deleted (without replacement) Rules 
18.1 (Regulation V), 22 (Regulation V).
    (32) Revised regulations for the following APCD's submitted on 
August 2, 1976 by the Governor's designee.
    (i) Bay Area APCD.
    (A) Regulation 2: (1) Sections 2022.1-2, 2035.1, 3211.1, and 
Divisions 16-18.
    (ii) Stanislaus County APCD.
    (A) Rules 102, 104, 105, 111, 112, 114, 301, 305, 407.1, 416, 416.1, 
422, 423, 501, 504, and 511.
    (iii) Merced County APCD.
    (A) Rules 411 and 411.1.
    (B) Rule 109.
    (C) New or amended Rules 102, 103, 103.1, 104, 105, 108.1, 110 to 
115, 302, 401, 404, 405, 407.1, 408.1, 408.2, 409, 409.1, 409.2, 410, 
412, 416, 416.1[(I), (II) (A-L), (II) (N-O), (III), (IV), (V), and 
(VI)], 421(a), 501, 504, 505, 511, and 518.
    (D) Previously approved and now deleted (without replacement) Rules 
102(hh) and 102(ii).
    (iv) Southern California APCD.
    (A) New or amended Rules 403, 404, 405, 407, 408, 409, 432, 441, 
443, 464, 465, 467, 470, 471, 472, 473, 504, 505, 510, 802, 805, 806, 
812, 816.
    (B) Previously approved and deleted (without replacement).
    (1) Los Angeles County APCD Rules 53.1, 55.
    (2) San Bernardino County APCD Rules 50, 51.
    (3) Riverside County APCD Rule 55.
    (4) Orange County APCD Rule 55.
    (C) Rules 202 and 219.
    (v) Plumas County APCD.
    (A) Amended Rule 324.
    (vi) El Dorado County APCD.
    (A) Amended Rule 211.
    (33)-(34) [Reserved]
    (35) Revised regulations for the following APCDs submitted on 
November 10, 1976 by the Governor's designee.
    (i) Sacramento County APCD.
    (A) Rules 1, 2, 11, 12, 21, 22a, 22b, 24, 25, 27, 28, 29, 33, 39, 
44, 70, 71, 90, 92, 93, 94, 95, 96, 97, 98, and definitions list 
addition to Regulation VII.
    (B) Rule 14.
    (ii) Southern California APCD.
    (A) Rule 461.
    (iii) Ventura County APCD.
    (A) Rule 70.
    (B) Rules 2, 57, 72, and 73 and Regulation VII (Rules 110-129).
    (iv) Santa Barbara County APCD.
    (A) Rule 35.2.
    (v) San Joaquin County APCD.
    (A) Rules 102, 103, 103.1, 104, 105, 111, 112, 301, 305, 402, 416.1, 
501, 504, 511.
    (vi) Tulare County APCD.
    (A) Rules 102, 103, 103.1, 104, 105, 110, 112, 115, 305 (402 
paragraphs a. through e. and g.), 405, 407.1, 407.3, 409, 417.1, and 
421.
    (B) Rules 111 and 402(f).
    (vii) Fresno County APCD.
    (A) Rules 407 and 408.
    (viii) Imperial County APCD.
    (A) Rules 100, 114.5, 131.5, and 148.D(3).
    (ix) Del Norte County APCD.
    (A) Rule 540.
    (B) [Reserved]
    (C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a) 
and non-criteria pollutants), 190, 240(d) (except paragraph (3)), 300, 
310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482, 
500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following 
portions of Regulation 2: General prohibitions (all of page 1), Articles 
I and II, paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, and 
Articles IV to VII.
    (x) San Diego County APCD.
    (A) Rules 2(k), 3, 50, 52, 53, 60, 62.
    (xi) Monterey Bay Unified APCD.
    (A) Rules 101, 104, 106, 214, 301, 404(c), 406, 407, 415, 601 to 
603, 609, 801, 805, and 811.
    (xii) San Luis Obispo County APCD.
    (A) New or amended Rules 101 Title, 102, 103, 105(A)(2) through 
105(A)(46), 106, 108, 109, 110 Enforcement, 111, 401, 403, 405, 408, 
409, 410, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 
813, 814, 815, 816, 817.
    (B) Rule 107.
    (C) Rules previously approved and now deleted (without replacement) 
101(1)(b), 101(2), 101(3), and 101(4) Effective Date, 110 Prohibitions, 
116(1), 116(3), 119(1) and 119(4).
    (D) Amended Rules 501 and 502 (sections A-F, H-I, K-N, O(1), P-Q).

[[Page 113]]

    (E) New or amended Rules 202, 205, 206, 207, 208, 209, 210, and 211.
    (xiii) Kern County APCD.
    (A) New or amended Rules 102, 102(d), 102(oo), 103, 103.1, 104 to 
105, 110, 112, 301(f), 305(a), 402 (c) and (e), 417(I)(A), 
417(II)(B)(L), 501, and 511.
    (B) Rule 504.
    (xiv) Humboldt County APCD.
    (A) Rule 540.
    (B) [Reserved]
    (C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a) 
and non-criteria pollutants), 190, 240(d) (except paragraph (3)), 300, 
310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482, 
500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following 
portions of Regulation 2: General prohibitions (all of page 1), Articles 
I and II, paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, 
Articles IV to VII, and Appendix A.
    (D) Previously approved and now deleted (without replacement) Rules 
5, 6, 80, 87, and 95.
    (xv) Mendocino County APCD.
    (A) Rule 540.
    (B) [Reserved]
    (C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a) 
and noncriteria pollutants), 190, 300 (except paragraph (a)), 310, 340, 
400(b), 410(b), 410(c), 430, 440, 460, 470, 480, 482, 500, 510, 520, 
600, 610, 620, 630, 640, and 650; and the following portions of 
regulation 2: General prohibitions (all of page 1), Articles I and II, 
paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, Articles IV and 
V, Article VI(a) to (i), Article VII, and Appendices B and C.
    (D) Previously approved and now deleted (without replacement) Parts 
IV, V-5-B, VI-1, and VI-4.
    (xvi) Northern Sonoma County APCD.
    (A) Rule 540.
    (B) New or amended Rules 100, 110, 120, 130, 150, 160, (except 
160(a) and non-criteria pollutants), 190, 300, 310, 320, 340, 400(b), 
410(a), 410(c), 420, 430, 440, 470, 480, 482, 500, 510, 520, 600, 610, 
620, 630, 640, and 650; and the following portions of Regulation 2: 
General prohibitions (all of page 1), Articles I and II, paragraphs A1, 
A2, A3, A4, 5, 7, and 8 of Article III, Articles IV and V, paragraphs 
(a) to (i) of Article VI, and Article VII.
    (xvii) Trinity County APCD.
    (A) Rule 540.
    (B) [Reserved]
    (C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a) 
and non-criteria pollutants), 190, 240(d) except paragraph (3)), 300, 
310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482, 
500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following 
portions of regulation 2: General prohibitions (all of page 1), articles 
I and II, paragraphs A1, A2, A3, A4, 5, 7 and 8 of article III, articles 
IV and V, paragraphs (a) to (i) of article VI, and article VII.
    (36) Revised regulations for the following APCD were submitted on 
November 19, 1976, by the Governor's designee.
    (i) Southern California APCD.
    (A) Rules 213, 213.1, and 213.2.
    (37) Revised regulations for the following APCD's submitted on 
February 10, 1977, by the Governor's designee.
    (i) Southern California APCD.
    (A) New or amended Rules 102, 468, 469, 474, 475, 476.
    (B) Rule 430.
    (C) Amended Rule 431.
    (ii) San Diego County APCD.
    (A) Rule 68.
    (iii) San Luis Obispo County APCD.
    (A) Rule 112, and Rules 404(A) through 404(B)(1)(a), 404(B)(1)(c), 
404(B)(2), 404(B)(3), 404(B)(4), 404(c), 404(D), and 404(E).
    (iv) Lake County APCD.
    (A) Rules 500, 510, and 511.
    (B) New or amended sections 100, 200 to 205.1, 207 to 234, 236, 238 
to 260, 300, 301, 400, 401, 402 (A to E, and G), 410, 411, 412 (A and 
C), 430 to 439, 520, 530 to 533, 800, 900 to 902, 1000 to 1003, 1100, 
1200, 1300, 1400, 1500, 1600, 1601, 1610, 1611, 1612, 1620, 1700, 1701, 
1710 to 1714, 1720 to 1725, 1730, 1731 to 1736, and tables I, II, III, 
IV, and V.
    (C) Previously approved and now deleted (without replacement) part 
II; sections 9, 15, 18, 28, 42, 43, 49a, 49b, 50, 52, and 54 of part 
III; sections 1 to 4 of part IV; section (1)(B) of part V; and parts IV 
and VI of Appendix B.
    (v) Tuolumne County APCD.
    (A) Rule 404.
    (B) New or amended Rules 102, 202, 203, 206, 207, 208, 209, 213, 
215, 216, 217, 301, 302, 303, 304, 308, 319, 321, 322, 323, 324, 402, 
407, 409, 601, 602, 603, 604, 605, 700, 701, 702, 703, 704, 705, 706, 
707, 708,

[[Page 114]]

709, 710, 711, 712, 713, 714, 715, 716, and 717 and rescinded Rules 413 
and 414.
    (38) Revisions to air pollution emergency episode plans submitted on 
June 1, 1977 by the Governor's designee.
    (i) South Coast Air Quality Management District's Regulation VII 
Emergencies as revised on May 6, 1977. No action has been taken on those 
portions of Rules 702, 703, 704, 706, 708, 708.2, 710, 711, 712 and 714 
that pertain to sulfate, oxidant in combination with sulfate, or oxidant 
in combination with sulfur dioxide. No action has been taken on Rules 
708.2(b)(3)(B), 708.2(b)(4)(B), 708.2(b)(4)(C) and 708.2(b)(5)(C).
    (39) Revised regulations for the following APCDs submitted on June 
6, 1977, by the Governor's designee.
    (i) Great Basin Unified APCD.
    (A) Rule 403.
    (ii) San Bernardino County APCD (Southeast Desert portion).
    (A) Rule 430.
    (B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217, and 219.
    (C) New or amended Rules 104, 106, 208, 218, 401, 403, 53-A(a), 407 
to 409, 431, 432, 441 to 443, 464 to 470, 472, 473, 475, 476, 503 to 
508, 510 to 518, 801 to 817.
    (D) Deleted without replacement Regulation VI--Orchard or Citrus 
Grove Heaters.
    (E) Rules 703, 704 (except those portions that pertain to the 
criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 707, 
708, 709, 710, 711, 713, and 714.
    (iii) Los Angeles County APCD (Southeast Desert portion).
    (A) Rule 430.
    (B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217, and 219.
    (C) New or amended Rules 101, 102, 2, 103 to 106, 208, 218, 301, 42, 
401, 403 to 405, 407 to 409, 431, 432, 441 to 444, 461, 463 to 476, 502 
to 518, 801 to 817.
    (D) Deleted without replacement Rule 53.1, and Regulation VI--
Orchard or Citrus Grove Heaters.
    (E) Rules 701, 702, 703, 704 (except those portions that pertain to 
the criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 
707, 708, 709, 710, 711, 712, 713, 714, and 715.
    (iv) Riverside County APCD (Southeast Desert portion).
    (A) Rule 430.
    (B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217 and 219.
    (C) New or amended Rules 103, 104, 208, 218, 301, 42, 401, 403 to 
405, 53, 56, 407 to 409, 431, 432, 441 to 444, 463 to 476, 73, 503 to 
518, 801 to 817.
    (D) Deleted without replacement Regulation V--Orchard, Field or 
Citrus Grove Heaters.
    (E) Rules 702, 703, 704 (except those portions that pertain to the 
criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 707, 
708, 709, 710, 711, 712, 713, 714, and 715.
    (v) Yolo-Solano APCD.
    (A) Amended Rule 2.21.
    (vi) South Coast Air Quality Management District.
    (A) Amended Rule 461.
    (B) Amended Rule 431.
    (vii) Mariposa County APCD.
    (A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS), 
203 (with the exception of (D)), 206(B), 207, 208, 211, 215, 216, 301, 
302, 303, 304, 308, 319, 320, 321, 322, 324, 402, 404, 407, 507, 514, 
600, 603, and 610.
    (B) Previously approved and now deleted (without replacement) Rule 
203(k).
    (viii) Sierra County APCD.
    (A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS), 
203 (with the exception of (D) and (G)), 206(B), 207, 208, 211, 215, 
216, 301, 302, 303, 308, 319, 320, 321, 322, 324, 402, 404, 407, 409, 
507, 514, 516, 600 to 617.
    (B) Previously approved and now deleted (without replacement) Rules 
203(j) and 620.
    (ix) Plumas County APCD.
    (A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS), 
203 (with the exception of (D) and (G)), 206(B), 207, 208, 211, 215, 
216, 301, 302, 303, 304, 307, 308, 319, 320, 321, 322, 324, 402, 404, 
407, 409, 507, 514, 602 to 605, 700, 703, and 710.
    (x) Nevada County APCD.
    (A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS), 
103, 104, 203(e and i), 206(B), 207, 216, 304, 319, 320, 321, 402, 407, 
409, 507, 514, 700, 703(E and I), 704, 710 and 711(A).
    (40) [Reserved]
    (41) Revised regulations for the following APCD's submitted on 
October 13, 1977, by the Governor's designee.
    (i) Kings County APCD.

[[Page 115]]

    (A) New or amended Rules 412 and 412.2.
    (ii) San Diego County APCD.
    (A) New or amended Rules 2(b), 2(t), 2(u), 2(v), 2(w), 3, 19.2, 40, 
42, 50, 52, 53, 54, 61.5, 64, 65, 66, 68, 71, 76, 77, 85, 95, 96, 
101(f), 102(d), 102(e), 103(d), 103(g), 104, 109, and 177.
    (1) Rule 65 is now removed without replacement as of March 14, 1989.
    (B) Previously approved and now deleted (without replacement) Rule 
113.
    (C) Regulation VIII, Rules 126-138 and Appendix A, except as these 
rules apply to the 12-hour carbon monoxide episode criteria specified in 
Rule 127.
    (iii) Bay Area APCD.
    (A) New or amended rules: Regulation 1, section 3121 and Regulation 
2, sections 3210.5 to 3210.11.
    (iv) Ventura County APCD.
    (A) New Rule 105.
    (v) Kern County APCD.
    (A) Rule 108.
    (vi) San Luis Obispo County APCD.
    (A) New Rule 113.
    (vii) Monterey Bay Unified APCD.
    (A) New Rules 215, 422.
    (viii) Amador County APCD.
    (A) New or amended Rules 102(C), 102(F), 102(AW), 103, 205(A)(1), 
207, 212, 216, 302(A), 304, 305(C), 313(A), 507, 602.1, 604, 605, 701, 
703(E) and 710.
    (ix) Calaveras County APCD.
    (A) New or amended Rules 102, 203 (with the exception of (D) and 
(G)), 206(B), 207, 208, 209, 211, 215, 216, 217, 301, 302, 303, 304, 
319, 320, 321, 322, 323, 324, 402, 404, 407, 507, 602 to 604, 700, 702, 
703, 710, and 715.
    (B) Previously approved and now deleted (without replacement) Rule 
203(J).
    (x) Placer County APCD.
    (A) New or amended Rules 101, 102, 103, 104, 203 (with the exception 
of (G)), 206, 207, 208, 210, 211, 213, 214, 301 to 311, 313 to 322, 401, 
402, 404, 407, 408, 409, 507, 603 to 605, 702 to 704, 706, 708, 709, 
710, 715, 801 to 804.
    (xi) Tulare County APCD.
    (A) New or amended Rules 108 and 412.1
    (xii) Shasta County APCD.
    (A) New or amended Rules 1:2 (with the exception of the definition 
of ``person''); 2:6(1)(a), (1)(b), (i-ii), (1)(b)(iii), (a, b, and d), 
(1)(b), (iv-vii), (1)(c), (i-vi and viii), (1) (d and e), (2) (a-d and 
f), (3) (a-c and e-g), (4) (a-c and e-i), (5) (b-d); 2:7, 2:8; 3:2 
(except part VI and VII of table II, and explanatory notes 6 and 7); 
3:4, 4:1, 4:5, 4:6, 4:14, and 4:19.
    (xiii) Madera County APCD.
    (A) Amended Rule 412.1.
    (xiv) South Coast Air Quality Management District.
    (A) New or amended Rules 101 and 102 (except for the definition of 
``agricultural burning'').
    (xv) Northern Sonoma County APCD.
    (A) New or amended Rules 420(e) and (f), and 455(a) and (d).
    (42) Revised regulations for the following APCD's submitted on 
November 4, 1977 by the Governor's designee.
    (i) Imperial County APCD.
    (A) New or amended Rules 100 to 110, 113 to 115, 301 to 303, 305, 
401, 403 to 406, 408, 409, 411 to 416, 419 to 422, 501 to 516, and 701 
to 706.
    (B) Previously approved and now deleted (without replacement), Rules 
106B, 113, 126, 131 and 147.
    (C) Rules 601, 602 (except those portions that pertain to the 
criteria levels for carbon monoxide and sulfur dioxide), 603, 604, 605, 
606, 607, 608, 609, 610, 611, 612, 613, and 614.
    (D) New Rule 417 (A-H, and J).
    (ii) Sacramento County APCD.
    (A) Rules 3, 7(a) to 7(b)(2), 7b(4) to 7(d), 9, 11, 12, 13, 14, 15, 
21, 22a, 23, 24, 25, 26, 94, 95, 96, 97, and 98.
    (B) Rules 120, 121, 122, 125, and 126, except those portions that 
pertain to the 12-hour CO criteria level.
    (iii) Kings County APCD.
    (A) New or amended Rules 102, 103, 103.1, 104, 105, 108, 108.1, 110, 
111, 112, 113, 401, 402(a) to 402(d), 402(f), 402(g), 404, 404.1, 405, 
405.1, 405.2, 405.3, 406, 407.1, 409, 410, 416.1, 417, 417.1, 418, 421, 
and 501.
    (B) Previously approved and now deleted, Rule 405.1.
    (iv) Stanislaus County APCD.
    (A) New or amended Rules 103.1, 108, 411.1.
    (v) Merced County APCD.
    (A) Amended Rules 411(b) and 411.1.
    (vi) Kern County APCD.
    (A) Rule 412.1.
    (vii) San Luis Obispo County APCD.
    (A) New or amended Rules 105(A)(1), 407, 501(A)(7), 502(A)(3).
    (viii) Glenn County APCD.
    (A) New or amended Rules 82, 152, and 154.

[[Page 116]]

    (ix) Great Basin Unified APCD.
    (A) New or amended Rules 300, 423, and 617.
    (B) Previously approved and now deleted (without replacement) Rules 
411 and 418.
    (x) El Dorado County APCD.
    (A) New or amended Rules 102, 201, 203 [with the exception of (G)], 
206(B), 207, 208, 215, 216, 217, 217-49 to 217-50, 217-51(A to D), 217-
53 to 217-56, 217-1 to 217-3, 302, 303, 304, 307, 308, 319, 320, 321, 
322, 324, 402, 407, 409, 507, 700, 703 and 710.
    (xi) Fresno County APCD.
    (A) New or amended Rules 411.1 and 416.1(g).
    (xii) San Joaquin County APCD.
    (A) New or amended Rules 108 and 411.2.
    (xiii) San Bernardino County Desert APCD.
    (A) New or amended Rules 101, 102, 103, 105, 404, 405, 406(a), 444, 
461, 462, 463, 471, 474, 501, 502 and 509.
    (B) Previously approved and now deleted without replacement Rules 44 
and 53.1.
    (C) Rules 701, 702, 712, and 715.
    (xiv) Riverside County APCD.
    (A) New or amended Rules 101, 102, 105, 461, and 501.
    (B) Rule 701.
    (xv) Del Norte County APCD.
    (A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and 
(d), and Appendix D to regulation 1.
    (xvi) South Coast Air Quality Management District.
    (A) New or amended Rules 218, 463, and 466.
    (B) Rules 702 (map only) and 708.2.
    (C) Rules 714 and 715.1 (except those portions that pertain to 
sulfate, oxidant in combination with sulfate, and oxidant in combination 
with sulfur dioxide).
    (xvii) Humboldt County APCD.
    (A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and 
(d), and Appendix D to Regulation 1.
    (xviii) Santa Barbara County APCD.
    (A) New Rule 39.3.
    (xix) Mendocino County APCD.
    (A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and 
(d), and Appendix D to Regulation 1.
    (xx) Trinity County APCD.
    (A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and 
(d), and Appendix D to Regulation 1.
    (xxi) Northern Sonoma County APCD.
    (A) New or amended Rules 240(e), 310, and Appendix D to Regulation 
1.
    (xxii) Monterey Bay Unified APCD.
    (A) Regulation VII, Rules 700-713.
    (43) [Reserved]
    (44) Revised regulations for the following APCD's submitted on June 
22, 1978, by the Governor's designee.
    (i) Great Basin Unified APCD.
    (A) Amended Rule 419.
    (ii) Santa Barbara County APCD.
    (A) New Rule 24.15.
    (iii) Ventura County APCD.
    (A) New or amended Rules 2, 7, and 56 (with the exception of 
Sections B(2)(c) and C).
    (iv) Yolo-Solano APCD.
    (A) Amended Rules 1.2 (preamble), 1.4, 2.8(c)(2), 2.13(h)(4), 2.15, 
2.17, 2.20, 4.4(b), 5.1, 5.4(e)(1), 5.10, 5.11, and 6.7(f).
    (B) Previously approved and now deleted (without replacement) Rule 
2.8(b)(4).
    (v) South Coast Air Quality Management District.
    (A) Rules 102, 501.1, and 503.
    (vi) San Diego County APCD.
    (A) New or amended Rules 66, 67.0, and 67.1.
    (45) Revised regulations for the following APCD's submitted on July 
13, 1978 by the Governor's designee.
    (i) Bay Area APCD.
    (A) New or amended Regulation 2, Division 3, sections 3210.11(B), 
3211.2; Regulation 3, Division 3, Sec. 3102.1; Regulation 9.
    (ii) South Coast AQMD.
    (A) Rules 302, 461, 465, 1102, and 1113.
    (iii) San Diego County APCD.
    (A) New or amended Rules 42, 76, and 97.
    (46) The following Administrative Chapters of the California SIP, 
submitted on December 29, 1978, by the Governor's designee.
    (i) Chapter 2--Statewide Perspective.
    (ii) Chapter 20--Compliance.
    (iii) Chapter 23--Source Surveillance.
    (iv) Chapter 24--Resources.
    (v) Chapter 25--Intergovernmental Relations.
    (47) Revised regulations for the following APCD's submitted on 
January 2, 1979 by the Governor's designee.

[[Page 117]]

    (i) South Coast AQMD.
    (A) New or amended Rules 301, 303, 708.3, 1201-1206, 1209-1211, 
1214, 1217, 1220-1221, 1223-1224 and 1231.
    (B) New or amended Rules 462, 481, and 1104.
    (ii) Fresno County APCD.
    (A) New or amended Rules 110, 416.1, and 519.
    (B) New or amended Rule 409.1.
    (iii) Kern County APCD.
    (A) New or amended Rules 111, 301, and 519.
    (B) Rule 412.
    (iv) Lake County APCD.
    (A) New or amended Rules 435, and 436, and Tables V and VI.
    (v) Monterey Bay Unified APCD.
    (A) Amended Rule 301.
    (vi) Siskiyou County APCD.
    (A) Amended Rule 4.3.
    (vii) San Luis Obispo County APCD.
    (A) Rule 407.
    (B) New or amended Rule 201.
    (48) Chapter 3--Legal Authority of the California SIP, submitted on 
March 16, 1979, by the Governor's designee.
    (49) Addendum to Chapter 23 of the California SIP submitted on March 
29, 1979, by the Governor's designee.
    (50) Revised regulations for the following APCD's submitted on May 
7, 1979, by the Governor's designee.
    (i) Del Norte County APCD.
    (A) New or amended Rules 240, 410 (a) and (c), and 615.
    (ii) Humboldt County APCD.
    (A) New or amended Rules 240, 410 (a) and (c), 615.
    (iii) Mendocino County APCD.
    (A) New or amended Rules 240, 410, and 615.
    (iv) Trinity County APCD.
    (A) New or amended Rules 240, 410 (a) and (c), and 615.
    (v) Northern Sonoma County APCD.
    (A) New or amended Rules 240, 300, 310, 320, 410 (a) and (c), 420, 
540, 615.
    (vi) Merced County APCD.
    (A) New or amended Rule 409.1.
    (B) New or amended Rule 519.
    (vii) Modoc County APCD.
    (A) New or amended Rules 1:2 w, 2:11, 2:15, 3:3 and 3:4.
    (viii) Monterey Bay Unified APCD.
    (A) Rules 403 and 602.
    (ix) Ventura County APCD.
    (A) New or amended Rules 71 and 71.3.
    (B) New or amended Rule 11.
    (x) San Diego County APCD.
    (A) New or amended Rule 10(h) and deletion of Rule 43.
    (51) Revised regulations for the following APCD's submitted May 23, 
1979, by the Governor's designee.
    (i) Kern County APCD.
    (A) Amended Rules 305 and 503.
    (B) Rules 410.1 and 424.
    (ii) Monterey Bay Unified APCD.
    (A) Rule 417.
    (B) Rule 617.
    (iii) Del Norte County APCD.
    (A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation 
1/Appendix D.
    (iv) Humboldt County APCD.
    (A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation 
1/Appendix D.
    (v) Mendocino County APCD.
    (A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation 
1/Appendix D.
    (vi) Trinity County APCD.
    (A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation 
1/Appendix D.
    (vii) San Diego County APCD.
    (A) Amended Rules 2(t), 61.5, and 61.7.
    (B) New or amended Rules 19.2(d)(4), 50, 62(a), 66(P) and (W), 95, 
and 98.
    (C) New or amended Rule 11.
    (viii) San Joaquin County APCD.
    (A) New or amended Rule 409.1.
    (B) New or amended Rules 110 (a), (b), and (d)-(i), 301, 303-311, 
and 511.
    (C) New or amended Rules 102, 108.2, 110(c), 302, 401, and 521.
    (ix) Stanislaus County APCD.
    (A) New or amended Rule 409.1.
    (B) New or amended Rule 110 (A), (B) and (D)-(I).
    (C) New or amended Rules 110(c) and 519.
    (x) Tulare County APCD.
    (A) New or amended Rules 410.1 and 413.
    (B) New or amended Rules 111 (a), (b), and (d)-(i), 402, and 417.
    (C) New or amended Rules 108, 111(c), 201, 410 and 519.
    (xi) Lake County APCD.
    (A) New Rules 227.1, 254.1, and 660.
    (xii) San Bernardino County Desert APCD.
    (A) New Rules 480 and 501.1.
    (B) New or amended Rules 442, 463, and 1113.

[[Page 118]]

    (xiii) Santa Barbara County APCD.
    (A) New or amended Rules 101, 102, 103, 104, 201(A, B, D, E, F, and 
G), 202, 203, 204, 205(A and B), 206, 207, 208, 209, 210, 211, 301, 302, 
304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 317, 319, 322, 
324, 328, 401, 402, 403, 501, 502, 503, 504, 505, 505-A, 506, 507, 508, 
509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 601, 602, 603, 
604, 605, 606, 607, 608, 609, and 610.
    (xiv) El Dorado County APCD--Lake Tahoe Air Basin Portion.
    (A) New or amended Rules 101, 102 (except LAER, stationary source, 
modification definitions), 103, 104, 201-203, 206A-212, 217, 301-305, 
307-310, 312-321, 404, 702-704, 706-710, and 801-804. Deleted Rules 
59(g)(1), 102I, 102S, 102BB, 102FF, 102GG, 102LL, 102RR, 208, 214, 601, 
602, and 700.
    (B) Amended Rule 306.

    Editorial Note: At 47 FR 27068, June 23, 1982, the following 
paragraph (c)(51)(xiv)(B) was added to Sec. 52.220.

    (B) New or amended Rules 102, LAER, stationary source, and 
modifications; 213; and 214.
    (xv) Placer County APCD--Mountain Counties Air Basin Portion.
    (A) New or amended Rules 404, 602, and 603.
    (B) Deletion of Rules 604 and 605.
    (xvi) Sacramento County APCD.
    (A) Amended Rule 71.
    (xvii) Shasta County APCD.
    (A) Amended Rule 3.4.
    (xviii) Sierra County APCD. (A) New or amended Rules 207, 210, 211, 
218 and 618.
    (xix) Tehama County APCD.
    (A) Amended Rule 2.1 and previously approved and now deleted Rule 
2.9 (Action on Applications).
    (xx) Ventura County APCD.
    (A) New or amended Rules 6, 8, 9, 13, 24, 40, 63, 75, 102, 103, 110, 
111, 112, 113, 114, 120, 121, 123, 124, 125, 126, 127, and 130.
    (52) Revised regulations for the following APCD's submitted October 
15, 1979, by the Governor's designee.
    (i) Kern County APCD.
    (A) Amended Rule 302
    (B) Rules 410.4, 410.5, and 414.2.
    (ii) Imperial County APCD.
    (A) Rules 415.1 and 424.
    (B) New or amended Rules 101 L, 110, 201B, 301, 302, 304, 306, 401, 
404, 406, 408, 410, 417 I, 418, 419, 422, Regulation VI, 701, 702, 703 
(deletion), 705, and 706.
    (iii) [Reserved]
    (iv) Kings County APCD.
    (A) New or amended Rules 210.1 (except paragraphs (3)(D) and 
(5)(B)(8)), 210.2, 410.1, 410.2, 410.3, 410.5, 412.1, 413, 414.1, and 
414.2.
    (B) New or amended Rules 111 (A), (B), and (D)-(I), 301, 302, and 
401.
    (C) New or amended Rules 111(c), and 519.
    (v) Madera County APCD.
    (A) New or amended Rules 210.2, 410.1, 410.3, 410.5, 411, and 412.
    (B) New or amended Rules 102, 103, 103.1, 104, 105, 108, 108.1, 110, 
115, 210.3, 301, 305, 402(a)-(e), 409, 410, 416, 417, 418, 501, 504, 
511, 601, 602, 603, 606-611, and 612.
    (C) New or amended Rules 111(c) 402(f) and 519.
    (vi) Merced County APCD.
    (A) New or amended Rules 210.1 (except paragraphs (3)(D) and 
(5)(B)(8)), 210.2, 409.5, and 411.
    (B) New or amended Rules 109 (A), (B), and (D)-(I).
    (C) New or amended Rule 109(c).
    (vii) San Joaquin County APCD.
    (A) New or amended Rules 209.1 (except paragraphs (B)(3) and 
(D)(2)(b)), 209.2, 409.3, 410, 411.1, 413, 413.1, 413.2, and 413.3.
    (B) New or amended Rule 209.3.
    (C) New or amended Rule 209.4.
    (viii) Stanislaus County APCD.
    (A) New or amended Rules 209.2 and 411.
    (ix) Tulare County APCD.
    (A) New or amended Rules 210.1 (except paragraphs (C)(4) and 
(e)(2)(H)), 210.2 and 410.5.
    (B) New or amended Rules 301 and 302.
    (x) Lake County APCD.
    (A) Amended Rule 433.
    (xi) Amador County APCD.
    (A) New or amended Rules 102, 103, 107, 203, 206B, 207, 209-211, 
213, 215, 216, 301-313, 315-324, 401, 402, 404, 407, 409, Regulation VI, 
700-704, 710, and 711.
    (xii) Nevada County APCD.
    (A) New or amended Rules 207, 210, 211, 218, 306, 307, and 404.
    (xiii) Placer County APCD--Mountain Counties Air Basin Portion.

[[Page 119]]

    (A) New or amended Rules 101, 102, 104, 201, 202, 207, 210, 211, 
220-222, 301-310, and 312-323.
    (B) New or amended Rules 215 and 219.
    (C) Rule 508 (except paragraph (c)(3)(h)).
    (D) New or amended Rules 501B, 502, 504, 506, 512, and 513.
    (xiv) Tuolumne County APCD.
    (A) New or amended Rules 207, 210, 218, and 404.
    (xv) Fresno County APCD.
    (A) New or amended Rules 210.1 [except paragraphs (3)(D) and 
(5)(B)(8)], 210.2, 409.5, 409, 409.3, 409.4, and 411.
    (B) New or amended Rules 301, 302, and 305.
    (xvi) Yuba County APCD.
    (A) New or amended Rules 1, Section 1 (except Silviculture 
Deletion), 1.1 (except PPM), 2.0-2.2, 2.4 except (a), 2.5-2.12, 2.15-
2.20, 2.22-2.24, 2.27, 2.30, Section 5 (Deletion), 5.0-5.3, 5.5-5.19, 
6.1-6.7, 7, 7.1 and 8.1.
    (B) New or amended Rules 2.3 and 2.4(a).
    (xvii) San Diego County APCD.
    (A) New or amended Rule 67.7 and 67.2.
    (xviii) Shasta County APCD.
    (A) New or amended Rules 1.1, 1.2, 2.11, 2.12, and 3.2 (except rows 
(vi) and (vii)).
    (B) Amended Rule 2:5.
    (xix) Yolo--Solano APCD.
    (A) New or amended Rules 4.1-4.3.
    (B) New or amended Rules 301, 302, and 305.
    (xx) Sacramento County APCD.
    (A) New or amended Rule 1.
    (xxi) Siskiyou County APCD.
    (A) New or amended Rules 2.14-2.16.
    (53) Revisions to air pollution emergency episode plans submitted on 
February 14, 1980 by the Governor's designee.
    (i) Bay Area Air Quality Management District Rules 100, 101, 300, 
301, 302, 303, 304, 305, 400, 401, 402, 403, and 404.
    (54) Revised regulations for the following APCD's submitted on 
February 25, 1980, by the Governor's designee.
    (i) Ventura County APCD.
    (A) Rules 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, and 
162.
    (B) New or amended Rule 71.1.
    (C) New or amended Rules 56, 80, 81, and deletion of Rules 17, 151, 
163, and 164.
    (ii) Monterey Bay Unified APCD.
    (A) Rule 422 and deletion of Rule 508.
    (B) Amended Rule 416.
    (iii) San Luis Obispo County APCD.
    (A) Rules 301, 302, 303, and 304.
    (iv) Yolo--Solano APCD.
    (A) Amended Rule 5.4.
    (B) New or amended Rules 2.21, 2.21.1, 2.24 and 2.25.
    (C) New or amended Rule 3.13.
    (v) Sacramento County APCD.
    (A) New or amended Rule 17.
    (B) [Reserved]
    (C) New or amended Rules 3.13, 3.4.1, and 3.4.2.
    (vi) Sutter County APCD.
    (A) New or amended Rules 1.4, 2.8.1 (Deletion), 2.17, and 2.82.
    (vii) Yuba County APCD.
    (A) Amended Rule 2.26.
    (viii) Butte County APCD.
    (A) New Rule 2-12.e.
    (B) Amended Rules 4.5A and 4.5B.
    (ix) Tehama County APCD.
    (A) Amended Rules 2.5A and 2.5B.
    (x) Colusa County APCD.
    (A) New or amended Rules 2.7 A and B.
    (xi) Glenn County APCD.
    (A) New or amended Rules 51.1 and 51.2.
    (xii) Shasta County APCD.
    (A) New or amended Rules 1:2 (Best Available Control Technology, 
Stationary Source and Precursor) and 2:1 A.
    (55) The following material for Imperial County was submitted on 
October 11, 1979 by the Governor's designee.
    (i) Summary of Plan Compliance with Clean Air Act Requirements.
    (ii) Imperial County plan to attain National Ambient Air Quality 
Standards for oxidants, October 31, 1978.
    (iii) SIP Revision--Imperial County ARB Staff Report, No. 79-4-2.
    (iv) ARB resolution 79-9, February 21, 1979.
    (v) Copies of Board hearing testimony.
    (56) Revised regulations for the following APCDs submitted on March 
17, 1980, by the Governor's designee.
    (i) Imperial County APCD.
    (A) Rules 207 [except Subparagraph C.4.], 208, and 209.
    (ii) Ventura County APCD.

[[Page 120]]

    (A) Amended Rule 26.3.
    (B) New or amended Rules 10, 25, and 27.
    (57) The North Central Coast Air Basin Strategy (Chapter 10 of the 
comprehensive revisions to the State of California Implementation Plan 
for the Attainment and Maintenance of Ambient Air Quality Standards) 
submitted on September 12, 1979 by the Governor's designee.
    (58) Revised regulations for the following APCDs submitted on 
December 17, 1979 by the Governor's designee.
    (i) Monterey Bay Unified APCD.
    (A) Rules 418, 425 and 426.
    (B) New or amended Rules 300, 405, and 601.
    (ii) South Coast AQMD.
    (A) New or amended Rules 1107, 1108, 1108.1 and 1128.
    (B) New or amended Rules 404, 442, 501.1, 502, 504.1(b), (c), and 
(d), and 1124.
    (iii) Great Basin Unified APCD.
    (A) New or amended Rules 205, 210, 300A, and G, 403, 408, 419, and 
617.
    (B) New or amended Rules 203, 209-A and B, 212, and 213.
    (iv) Ventura County APCD.
    (A) New or amended Rule 74.3.
    (v) Butte County APCD.
    (A) New or amended Rules 2.12a, 2.12b, 2.12c, and 2.12d.
    (vi) Shasta County APCD.
    (A) New or amended Rules 1.2, 3.14, and 3.15.
    (vii) Yolo--Solano APCD.
    (A) Amended Rules 2.8 and 6.6.
    (viii) San Luis Obispo County APCD.
    (A) New or amended Rule 407.
    (ix) Modoc County APCD.
    (A) New or amended Rule 2:8-e.
    (59) Revised regulations for the following APCD submitted on March 
4, 1980 by the Governor's designee.
    (i) Monterey Bay Unified APCD.
    (A) Rules 207 (except B.4.) and 208.
    (B) New or amended Rules 205, 211, 212, 213, and 214.
    (60) Chapter 4, California Air Quality Control Strategies, of the 
California SIP, submitted on May 23, 1979, by the Governor's designee.
    (61) Redesignation of AQCR's in California, submitted on September 
11, 1978, by the Governor's designee.
    (62) The San Diego Air Basin Control Strategy (Chapter 14 of the 
Comprehensive Revisions to the State of California Implementation Plan 
for the Attainment and Maintenance of Ambient Air Quality Standards) 
submitted on July 5, 1979, by the Governor's designee, except the 
inspection/maintenance portion. Additional documents were also submitted 
as appendices. Those portions of the San Diego Air Basin Control 
Strategy, including Appendices, identified by Table 14-1, ``Location of 
Plan Elements Which Meet Clean Air Act Requirements'' (pages 6-7), 
comprise the submitted nonattainment area plan, except the inspection/
maintenance portion. The remaining portions are for informational 
purposes only.
    (63) The following portions of the California Environmental Quality 
Act submitted on October 20, 1980, by the Governor's designee: Sections 
21000; 21001; 21002; 21002.1; 21061; 21063; 21065; 21080.1; 21080.4; 
21080.5 (a), (b), (c) and (d); 21081; 21082; 21100; 21104; 21151; 21153; 
21160.
    (64) Revised regulations for the following APCD submitted on 
February 13, 1980, by the Governor's designee.
    (i) San Diego County APCD.
    (A) Rules 20.1, 20.2, 20.3, 20.4, 20.5 and 20.6.
    (65) The following amendments to the plan were submitted on July 25, 
1979, by the Governor's designee.
    (i) The South Coast Air Basin Control Strategy (Chapter 18 of the 
Comprehensive Revision to the State of California Implementation Plan 
for the Attainment and Maintenance of Ambient Air Quality Standards). 
Those portions of the South Coast Air Basin Control Strategy identified 
by Table 18-1, ``Location of Plan Elements Which Meet Clean Air Act 
Requirements,'' together with Rules 1115 and 1126, comprise the 
submitted nonattainment area plan control strategy. The remaining 
portions are for informational purposes only.
    (ii) New or amended Rules 218, 431, 431.1-431.3, 1120, 1206-1208, 
1212, 1213, 1215, 1216, 1218, 1219, 1222, and 1225-1230.
    (66) Revised regulations for the following APCD's, submitted on 
February 7, 1980, by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rule 461.
    (B) Amended Rule 466.
    (ii) Bay Area AQMD.

[[Page 121]]

    (A) Regulation 8: Rule 1, 2 (except paragraph 301), 4, 7, 8, 9, 10, 
11, 13, 14, 15, 16, 18 and 19.
    (67) Revised regulations for the following APCD's, submitted on 
April 2, 1980, by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rule 1122.
    (B) New or amended Rules 107, 709(c), 1111, 1121 and 1140.
    (ii) Bay Area AQMD.
    (A) New or amended Regulation 9, Rules 9-4-100, 9-4-101, 9-4-200 to 
9-4-203, 9-4-300, 9-4-301, 9-4-303, and 9-4-400 to 9-4-404.
    (iii) Kern County APCD.
    (A) New or amended Rules 412.1(b)-(f).
    (B) New Rule 411.1.
    (iv) Sacramento County APCD.
    (A) New or amended Rules 7, 24, 25, 28, 30, and 53.
    (B) New or amended Rules 120, 121, and 122.
    (68) Revised regulations for the South Coast AQMD, submitted on 
April 3, 1980, by the Governor's designee.
    (i) New or amended Rules 1301, 1303, 1304, 1305, 1306, 1307, 1310, 
1311, and 1313.
    (69) Revised regulations for the South Coast AQMD submitted on April 
23, 1980, by the Governor's designee.
    (i) New or amended Rules 464, 465, 1123, and 1125.
    (ii) New or amended Rules 301, 405, 431.2(c)(5), 701, 702 (a), (d), 
(e), (f), (h) and (i), 703-706, 708.3(a), (b)(8)-(b)(10), 708.4(g) and 
(h), 709(a), 710(a) and (b)(4), 711(a)(1), (a)(4), (b)(1) and (b)(4), 
and 713-715.
    (iii) New Rule 1103.
    (iv) California Health and Safety Code, Sections 41950 to 41962, 
94000 to 94004; and Stationary Source Test Methods--Volume 2: 
Certification and Test Procedures for Gasoline Vapor Recovery Systems 
submitted on April 23, 1980.
    (70) Revised regulations for the following APCD's submitted on 
August 15, 1980, by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rules 1302 and 1308.
    (B) New or amended Rule 1101.
    (C) New or amended Rules 702(b), 707, 708, 708.3 (a)(2) and (c), 
708.4 (a) and (b), 709(e), 710 (b)(1)(D), (b)(2)(D), (b)(3)(B), and 
(c)(3)(B), 711 (a)(1)(E), (a)(2)(D), (a)(3)(B), (a)(4)(F), (b)(3)(B), 
and (b)(4)(f), and 1102.
    (D) Amended Rule 401 (except subparagraph 401(b)).
    (ii) San Diego County APCD.
    (A) New or amended Rules 2 (z) and (aa), 40, and 10 (f) and (i).
    (iii) Shasta County APCD.
    (A) Amended Rule 3.3.
    (iv) El Dorado County APCD (Mountain Counties and Lake Tahoe Air 
Basin).
    (A) New or amended Rules 601-613.
    (71) The San Joaquin Valley Air Basin Control Strategy (Chapter 16 
of the Comprehensive Revisions to the State of California Implementation 
Plan for the Attainment and Maintenance of Ambient Air Quality 
Standards) submitted on October 11, 1979, by the Governor's designee. 
Those portions of the San Joaquin Valley Air Basin Control Strategy 
identified by Tables 16-1a, 1b and 1c (Summary of Plan Compliance with 
Clean Air Act Requirements) except which pertain to Fresno County and 
the sixtransportation control measures for Stanislaus County, comprise 
the submitted plan. The remaining portions are for informational 
purposes only. The following rules were also submitted on October 11, 
1979 as part of the enforceable plan:

    Editorial Note: At 47 FR 28620, July 1, 1982, the following 
introductory text to paragraph (c)(71) was added to Sec. 52.220.

    (71) The San Joaquin Valley Air Basin Control Strategy (Chapter 16 
of the Comprehensive Revisions to the State of California Implementation 
Plan for the Attainment and Maintenance of Ambient Air Quality 
Standards) submitted on October 11, 1979, by the Governor's designee. 
Those portions of the San Joaquin Valley Air Basin Control Strategy 
identified by Tables 16-1a, 1b and 1c (Summary of Plan Compliance with 
the Clean Air Act Requirements) comprise the submitted plan. The 
remaining portions are for informational purposes only.
    (i) Kings County APCD.
    (A) New or amended Rules 411 and 413.3.
    (ii) Madera County APCD.
    (A) New or amended Rule 210.1 (except paragraphs (3)(D) and 
(5)(B)(8)).
    (iii) Merced County APCD.

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    (A) New or amended Rules 409.3 and 410.
    (iv) Tulare County APCD.
    (A) New or amended Rule 410.3.
    (72) The San Francisco Bay Area Basin Control Strategy (Chapter 15 
of the Comprehensive Revisions to the State of California Implementation 
Plan for the Attainment and Maintenance of Ambient Air Quality 
Standards) including appendices, submitted on July 25, 1979, by the 
Governor's designee.
    (73) Revised regulations for the following APCD's submitted on 
January 14, 1980, by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Regulation 2: Rule 1: 2-1-200, 2-1-300, 2-1-307, and 2-1-400, 
Rule 2: 2-2-100, 2-2-200, 2-2-209, 2-2-210, 2-2-300, and 2-2-400; Rule 
3: 2-3-100, 2-3-101, 2-3-200, 2-3-201, 2-3-300, 2-3-301, 2-3-302, 2-3-
401, 2-3-401.1 to 2-3-401.3, 2-3-402, 2-3-403, 2-3-404, and 2-3-405.
    (B) New or amended Regulation 2, Rule 1: 2-1-100 to 2-1-102, 2-1-
111, 2-1-112, and 2-1-408.
    (74) Revised regulations for the following APCD's submitted on 
December 24, 1979, by the Governor's designee.
    (i) Imperial County APCD.
    (A) New or amended Rules 111, 413, 414, 416, 416 (deletion), and 
517.
    (ii) Santa Barbara County.
    (A) Rule 316.
    (iii) Ventura County APCD.
    (A) New Rule 70 (except paragraph E).
    (75) Revised regulations for the Kern County APCD, submitted on 
January 8, 1980, by the Governor's designee.
    (i) Rules 210.2, 410.3, 411, 414, 414.1, and 414.3.
    (ii) New or amended Rule 424(F).
    (76) Revised regulations for the following APCD's, submitted on 
April 15, 1980, by the Governor's designee.
    (i) Kern County APCD.
    (A) Amended Rule 210.1
    (77) The following amendments to the plan were submitted on October 
18, 1979, by the Governor.
    (i) San Luis Obispo County APCD.
    (A) New or amended Rules 415, 416, 420, and 422.
    (ii) The South Central Coast Air Basin Control Strategy [Chapter 17 
of the Comprehensive Revision to the State of California Implementation 
Plan for the Attainment and Maintenance of Ambient Air Quality 
Standards]. Those portions of the South Central Coast Air Basin Control 
Strategy identified by Tables 17-1 and 17-2 ``Location of Plan Elements 
Which Meet Clean Air Act Requirements'' together with the rules 
identified below comprise the submitted nonattainment area plan. The 
remaining portions are for informational purposes only.
    (A) Santa Barbara County APCD Rules 320, 321, 323, 327, 329 to 332, 
201.C and 205.C. (except subparagraph 5.b.8.).
    (B) Ventura County APCD Rules 26 (except 26.2, 26.3 and 26.4), 74.4, 
74.7, and 74.8.
    (78) Revised regulations for the following APCD submitted on 
November 19, 1979, by the Governor's designee.
    (i) South Coast AQMD.
    (A) Deletion of Rules 67 and 72.
    (ii) California Lead SIP.
    (79) Revised regulations for the following APCD's submitted on June 
2, 1980, by the Governor's designee.
    (i) Monterey Bay Unified APCD.
    (A) Rule 427.
    (ii) Bay Area AQMD.
    (A) New or amended Regulation 1, Rules 1-100 to 1-111, 1-114, 1-200 
to 1-205, 1-207 to 217, 1-219 to 1-232, 1-400 to 1-402, 1-410 to 1-412, 
1-420, 1-430 to 1-434, 1-440, 1-441, 1-500 to 1-502, 1-510, 1-521, 1-
530, 1-540, 1-541, 1-543, 1-544; Regulation 5, Rules 5-100, 5-101, 5-
110, 5-111, 5-200 to 5-207, 5-300, 5-301, 5-400 to 5-404; Regulation 6, 
Rules 6-100, 6-101, 6-200 to 6-204, 6-300 to 6-304, 6-310, 6-312,6-320, 
6-330, 6-400, 6-401, 6-500 to 6-502; Regulation 11, Rules 11-1-100 to 
11-1-102, 11-1-300 to 11-1-303; Regulation 12, Rules 12-2-100, 12-2-101, 
12-2-200, 12-2-201, 12-2-300, 12-2-301, 12-2-500, 12-2-501, 12-3-100, 
12-3-101, 12-3-300, 12-3-301, 12-3-500, 12-3-501-12-4-100 to 12-4-102, 
12-4-200 to 12-4-212, and 12-4-300 to 12-4-307.
    (B) New or amended Regulation 1: 1-206, 1-520, 1-542, and 1-600 to 
1-604; Regulation 6: 6-305, 6-311, 6-600, and 6-601; and Regulation 11: 
11-1-500, 11-1-501, and 11-1-600 to 11-1-603.
    (iii) Ventura County APCD.
    (A) New or amended Rule 2.
    (B) New or amended Rule 59.
    (iv) South Coast AQMD.
    (A) Deletion of Rule 471.
    (B) New Rule 466.1.
    (v) San Diego County APCD.

[[Page 123]]

    (A) New or amended Rules 1, 2 (a), (b), (t), (v), (u), (x), and (y), 
14, 17, 67.0, and 67.1.
    (vi) Shasta County APCD.
    (A) New Rule 3.17.
    (80) The following amendments to the plan were submitted on August 
21, 1979 by the Governor's designee.
    (i) Revised regulations for Placer County APCD--Lake Tahoe Air Basin 
Portion.
    (A) New or amended Rules 101-104, 201-204, 206-211, 215, 217, 301-
308, and 310-319.
    (B) New Rule 507.

    Editorial Note: At 47 FR 27068, June 23, 1982, the following 
paragraph (c)(80)(i)(B) was added to Sec. 52.220.

    (B) New or amended Rules 212, 213, 508 (except Paragraph 
(1)(C)(3)(h), and 514.
    (C) New or amended Rules 502-506 and 511-513.
    (ii) Chapter 8, Lake Tahoe Basin Control Strategy, including Support 
Documents and Appendices. The Transportation Improvement Program and 
Regional Transportation Plan are for informational purposes only.
    (81) Revised regulations for the following APCD, submitted on 
February 11, 1980 by the Governor's designee.
    (i) El Dorado County APCD--Lake Tahoe Air Basin Portion.
    (A) New or amended Rules 507, 511-515, and 519-528.
    (B) New or amended Rules 501 to 506, 508 to 510, and 516 to 518.
    (82) [Reserved]
    (i) Ventura County APCD.
    (A) New or amended Rule 74.6.
    (83)(i)(A) [Reserved]
    (B) New Rules 22, 23, and 27.
    (C) New or amended Regulation 8: Rule 21.
    (ii) Kings County APCD.
    (A) New or amended Rule 414.
    (iii) [Reserved]
    (A) Rule 410.
    (B) New or amended Rules 411.1 and 416.1.
    (84) Revised regulations for the following APCDs submitted on 
October 10, 1980, by the Governor's designee.
    (i) Madera County APCD.
    (A) New or amended Rule 410.4.
    (ii) Merced County APCD.
    (A) New or amended Rule 409.4.
    (iii) Kings County APCD.
    (A) New or amended Rule 410.4.
    (iv) San Joaquin County APCD.
    (A) New or amended Rule 409.4.
    (v) Stanislaus County APCD.
    (A) New or amended Rule 409.4.
    (vi) Tulare County APCD.
    (A) New or amended Rule 410.4.
    (vii) Modoc County APCD.
    (A) Amended Rule 3:12.
    (85) Revised regulations for the following APCDs submitted on 
December 15, 1980, by the Governor's designee.
    (i) Tulare County APCD.
    (A) New or amended Rule 412.
    (B) New or amended Rule 412.1.
    (C) New or amended Rules 201 and 417.1.
    (ii) Madera County APCD.
    (A) New or amended Rule 412.1
    (B) New or amended Rules 201, 202, 301, and 417.1.
    (iii) Sacramento County APCD.
    (A) New or amended Rule 13.
    (iv) San Diego County APCD.
    (A) New or amended Rules 61.0, 61.0 (n) and (o), 61.1, 61.1(a)(1) 
(i) and (h), 61.2, 61.2(a), 61.3 and 61.4
    (v) San Bernardino County APCD, Southeast Desert Air Basin portion.
    (A) New or amended Rules 461 and 462.
    (vi) Tehama County APCD.
    (A) New or amended Rules 1.2, 1.3, 2.7, 2.8, 2.9, 3.1, 3.2, 3.3-
3.14, 4.1, 4.2, 4.6, and 4.7.
    (B) Previously approved and now deleted Rule 2.8 (Further 
Information).
    (vii) Santa Barbara County APCD.
    (A) New or amended Rule 210.
    (viii) South Coast AQMD.
    (A) New Rule 1130.
    (ix) Kings County APCD.
    (A) New or amended Rule 417.1.
    (x) Kern County APCD.
    (A) New or Amended Rules 110 and 417.1.
    (86) Revised regulations for the following APCD's submitted on July 
10, 1980 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Regulation 8: Rule 2 (Paragraph 301).
    (B) New Rules 17 (paragraphs 112, 302, 400, and 401) and 26.
    (C) New or amended Regulations, Rules 1-206, 1-218, 6-311, 9-1-100, 
9-1-101, 9-1-110 9-1-200 to 9-1-204, 9-1-300 to 9-1-308, 9-1-310, 9-1-
311, 9-1-400 to 9-1-404, 9-1-500 to 9-1-502, and 9-4-302.
    (D) New or amended Rule 1-541 and Regulation 9, Rules 9-1-600 to 9-
1-605.

[[Page 124]]

    (ii) Butte County APCD.
    (A) Amended Rule 4.9.
    (87) Revised regulations for the following APCD's submitted on 
September 5, 1980 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Regulation 8: Rule 5, Rule 6, and Rule 12.
    (B) New Rules 25 and 28 (except section 401).
    (ii) San Diego County APCD.
    (A) New or amended Rule 19.
    (iii) San Joaquin County APCD.
    (A) New or amended Rule 411.2.
    (B) New or amended Rules 202 and 416.1.
    (iv) San Bernardino County APCD, Southeast Desert Air Basin portion.
    (A) New or amended Rules 1301, 1302, 1303, 1304, 1305, 1306, 1307, 
1308, 1310, 1311, and 1313.
    (v) Los Angeles County APCD, Southeast Desert Air Basin portion.
    (A) New or amended Rules 1301, 1302, 1303, 1304, 1305, 1306, 1307, 
1308, 1310, 1311, and 1313.
    (vi) Sacramento County APCD.
    (A) New or amended Rules 74, 90, 92, 93, 94, 95, 96, 98, and 
Regulation VII.
    (vii) Ventura County APCD.
    (A) New or amended Rules 2 and 55.
    (viii) Shasta County APCD.
    (A) New Rule 2:6.
    (88) Revised regulations for the following APCDs submitted on July 
25, 1980, by the Governor's designee.
    (i) Stanislaus County APCD.
    (A) New or amended Rule 209.1 (except paragraphs (3)(E) and 
(5)(B)(8)).
    (B) New or amended Rules 103 and 305.
    (C) New or amended Rules 202 and 416.1.
    (ii) Bay Area AQMD.
    (A) New or amended Regulation 3, Rules 3-100 to 3-103, 3-200 to 3-
206, 3-208 to 3-211, 3-300 to 3-311, and 3-400 to 3-408.
    (iii) South Coast AQMD.
    (A) New or amended Rule 1119.
    (B) Amended Rule 462.
    (iv) [Reserved]
    (v) Merced County APCD.
    (A) New or amended Rule 411.1.
    (B) New or amended Rules 202 and 416.1.
    (89) Revised regulations for the following APCDs submitted on March 
30, 1981, by the Governor's designee.
    (i) Kings County APCD.
    (A) New or amended Rule 411.
    (ii) Yolo-Solano County APCD.
    (A) New or amended Rule 2.13(h)(6).
    (iii) Yuba County APCD.
    (A) Amended Rules 3.8, 3.12, and 3.15.
    (iv) Imperial County APCD.
    (A) New Rule 418.1.
    (v) Monterey Bay Unified APCD.
    (A) New Rule 425.
    (vi) Lake County APCD.
    (A) New or amended Sections 101, 227.4, 301, 1602, and Table VI.
    (vii) South Coast AQMD.
    (A) Amended Rule 1102.1.
    (90) The following amendments to the plan were submitted on December 
31, 1979, by the Governor's designee.
    (i) Chapter 22--Air Quality Monitoring by State and Local Air 
Monitoring Stations (SLAMS).
    (91) The following amendments to the plan were submitted on November 
13, 1979, by the Governor's designee.
    (i) The Sacramento Valley Air Basin Control Strategy (Chapter 13 of 
the Comprehensive Revisions to the State of California Implementation 
Plan for the Attainment and Maintenance of Ambient Air Quality 
Standards): those portions pertaining to the Sacramento Metropolitan 
Area including the following rules:
    (A) Placer County APCD (Mountain Counties Air Basin portion) Rules 
212, 217, and 218.
    (B) Sacramento County APCD Rules 6, 11, 12, 16, 19, and 56 (except 
paragraph (5)(a)(8)).
    (C) Yolo-Solano County APCD Rules 2.14 and 3.4 [except paragraph 
(5)(a)(8)].
    (ii) The Sacramento Valley Air Basin Control Strategy [Chapter 13 of 
the Comprehensive Revisions to the State of California Implementation 
Plan for the Attainment and Maintenance of Ambient Air Quality 
Standards]: those portions pertaining to Butte, Yuba, and Sutter 
Counties, including the following rules:
    (A) Butte County APCD Rules 2.12f and 4-5.
    (92) Revised regulations for the following APCDs submitted on May 
28, 1981, by the Governor's designee.
    (i) Stanislaus County APCD.
    (A) New or amended Rule 409.5.
    (ii) Placer County (Mountain Counties Air Basin portion).

[[Page 125]]

    (A) New or amended Rules 213, 216, and 223.
    (B) New or amended Rules 102, 203, 211, 301, 305, 306, 324, 325, 
601, and 702.
    (C) Rule 214.
    (iii) Lake County APCD.
    (A) New Rule 216.1.
    (iv) Great Basin Unified APCD.
    (A) New or amended Rules 101, 300, 404-A, 423, and 424.
    (v) San Diego County APCD.
    (A) New or amended Rules 127, 130, 131, 132, and 134.
    (B) New or amended Rule 21.
    (vi) South Coast AQMD.
    (A) New or amended Rule 1113.
    (93) Revised regulations for the following APCDs submitted on June 
22, 1981, by the Governor's designee.
    (i) Stanislaus County APCD.
    (A) New or amended Rule 409.3.
    (B) New or amended Rule 409.8.
    (ii)(A) [Reserved]
    (B) New Rule 28, Section 401.
    (C) New or amended Regulation 5, Rule 5-401.3.
    (iii) Plumas County APCD.
    (A) New or amended Rules 203, 301-319, 512-516, 703, and 710.
    (B) New or amended Rules 501-511 and 517-521.
    (iv) Sierra County APCD.
    (A) New or amended Rules 203, 301-319, 512-516, 522, 523, 703, and 
710.
    (B) New or amended Rules 501-511 and 517-521.
    (v) Kern County APCD.
    (A) New or amended Rule 410.6.
    (vi) El Dorado County APCD (Mountain Counties Air Basin Portion).
    (A) Rules 318, 319, and 320.
    (94) Revised regulations for the following APCD's submitted on 
October 7, 1980, by the Governor's designee.
    (i) Stanislaus County APCD.
    (A) New or amended Rule 411.1.
    (ii) [Reserved]
    (iii) San Bernardino County APCD.
    (A) New or amended Rules 701, 704, 705, 707-711, and 712. Previously 
approved Rule 707, ``Plans'', submitted on June 6, 1977 is retained.
    (95) Revised regulations for the following APCD's submitted on March 
23, 1981, by the Governor's designee.
    (i) Kern County APCD.
    (A) New or amended Rule 412.1(a).
    (B) Amended Rule 412.1.
    (C) New or amended Rules 202, 202.1, and 426.
    (ii) Ventura County APCD.
    (A) Amended Rule 26.2.
    (B) New or amended Rules 21, 29, 30, and 64.
    (iii) Northern Sonoma County APCD.
    (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 
and 320.
    (iv) South Coast AQMD.
    (A) Amended Rule 461.
    (v) Stanislaus County APCD.
    (A) New Rule 409.7.
    (B) New or amended Rule 301.
    (vi) Humboldt County APCD.
    (A) New or amended Rules 130, 200, 210, 220, 230, 240, 250, and 260.
    (96) Revised regulations for the following APCDs submitted on 
November 3, 1980, by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rule 1113.
    (ii) Butte County APCD.
    (A) New or amended Rules 1-8, 1-8.1, 1-10, 1-13, 1-14, 3-1, 3-2, 3-
6, 3-11, 3-11.2, 3-11.3, 3-12, 3-12.1, 3-12.2, 3-14, 3-15, 3-16, and 3-
16.1.
    (iii) Glenn County APCD.
    (A) New or amended Rules 2 (a,i,v, and aa), 3, 11, 11.1, 11.2, 13, 
13.1, 14, 14.1, 14.2, 14.3, 15, 16, 19, 21, 21.1, 22, 75, 81, 83, 83.1, 
83.2, 96, 110, and 112.
    (iv) Yolo-Solano APCD.
    (A) New or amended Rules 1.2 (a and g), 6.1 and 6.3.
    (v) Bay Area AQMD.
    (A) New Rule 20.
    (97) Revised regulations for the following APCDs submitted on June 
24, 1980, by the Governor's designee.
    (i) Sacramento County APCD.
    (A) New or amended Rule 18.
    (98) Revised regulations for the following APCDs, submitted on 
January 28, 1981, by the Governor's designee.
    (i) Sutter County APCD.
    (A) Amended Rules 3.8, 3.14, and 3.15.
    (B) New or amended Rules 1.0-1.3, 2.1-2.12, 2.15, 2.16, 3.0-3.7, 
3.9, 3.10, 3.12, 3.13, 4.0-4.5, 4.7-4.10, 4.12-4.15, 5.0-5.19, 6.0-6.7, 
7.0, 7.1, 7.2, 8.0, 8.1, 8.2, 9.0-9.7, and 9.8.
    (C) Previously approved and now deleted Rules 2.1 (Control of 
Emissions), 2.7 (Wet Plumes), 2.15 (Fuel Burning Equipment), 2.20 
(Payment of Order Charging Costs), 3.7 (Information), 4.5 (Standards for 
Granting Applications), 4.6 (Permits, Daily Limits, and 4.8 (Permit 
Forms).
    (ii) Siskiyou County APCD.
    (A) New or amended agricultural burning regulations consisting of

[[Page 126]]

``General Provisions'' and Articles I-VII.
    (iii) Mendocino County APCD.
    (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 
320, Appendices A, B, and C.
    (iv) Del Norte County APCD.
    (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 
320, Appendices A, B, and C.
    (v) Humboldt County APCD.
    (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 
320, Appendices A, B, and C.
    (vi) Trinity County APCD.
    (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 
320, Appendices A, B, and C.
    (vii) El Dorado County APCD.
    (A) New Rule 313.
    (B) Rules 313, 314, 315, 316, and 317.
    (viii) Ventura County APCD.
    (A) New Rule 71.2.
    (ix) Bay Area AQMD.
    (A) New or amended Rules 1-112, 1-113, 1-115 and Regulation 9, Rule 
9-3-202.
    (x) South Coast AQMD.
    (A) New or amended Rule 1115.
    (xi) San Diego County APCD.
    (99) Commitments by the Bay Area AQMD, Fresno County APCD, Kern 
County APCD, Monterey Bay Unified APCD, Sacramento County APCD, San 
Diego County APCD, Santa Barbara County APCD, South Coast AQMD, and 
Ventura County APCD to carry out public notification programs as 
required by section 127 of the Clean Air Act and in accordance with EPA 
guidance. These commitments were submitted by the Air Resources Board on 
January 22, 1981.
    (100) Revised regulations for the following APCDs submitted on 
October 25, 1979, by the Governor's designee.
    (i) San Diego County APCD.
    (A) New or amended Rules 67.3 and 67.5.
    (101) Revised regulations for the following APCD's submitted on July 
30, 1981 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Regulation 8, Rule 1 (Paragraph 202) and Rule 16 (paragraph 
110).
    (B) New or amended Regulation 2, Rule 2-2-114; Regulation 5, Rule 5-
401.13; and Manual of Procedures--Volume I to Volume VI.
    (C) New or amended Regulation 8, Rule 24.
    (ii) Kern County APCD.
    (A) New or amended Rules 603, 609, 610, 611, and 613.
    (B) New or amended Rules 108, 201, 301, 302, and 305.
    (C) New or amended Rules 414 and 410.3.
    (D) New or amended Rules 410.7, 412, and 414.4.
    (102) Revised rules for the following APCDs submitted on July 14, 
1981 by the Governor's designee.
    (i) San Joaquin County.
    (A) New Rules 409.5 and 409.6.
    (ii) Stanislaus County.
    (A) New Rule 409.6.
    (B) New or amended Rules 409.7 and 409.8.
    (iii) Merced County APCD.
    (A) New or amended Rules 409.6.
    (iv) South Coast AQMD.
    (A) New or amended Rule 301.
    (103) Revised rules for the following APCDs, submitted on October 
23, 1981 by the Governor's designee.
    (i) Kings County.
    (A) Amended Rule 412.2.
    (ii) San Diego County APCD.
    (A) New or amended Rule 67.4 and 67.6.
    (B) New or amended Rules 42, 64, 101-103, and 109.
    (C) New Rule 67.8.
    (iii) Santa Barbara County APCD.
    (A) Rule 325.
    (B) New or amended Rules 601-608 and 609.
    (C) Previously approved and now deleted Rules 609 (Scientific 
Committee) and 610 (Emergency Action Committee).
    (iv) Ventura County APCD.
    (A) Amended Rule 70(E).
    (B) New or amended Rules 2, 12, 16, 23, 41, 42, and 74.2.
    (C) New Rule 74.5.
    (D) Amended Rule 74.9.
    (v) Sacramento County APCD.
    (A) Amended Rule 20.
    (B) New or amended Rules 50, 70, and 14.
    (C) New Rules 4A, 4B, 10 and 51.
    (vi) Del Norte County APCD.
    (A) Amended Rules 300 and 310.
    (vii) Humboldt County APCD.
    (A) Amended Rules 300 and 310.
    (viii) Mendocino County APCD.

[[Page 127]]

    (A) Amended Rules 300 and 310.
    (ix) Northern Sonoma County APCD.
    (A) Amended Rules 300 and 310.
    (x) Trinity County APCD.
    (A) Amended Rules 300 and 310.
    (xi) Great Basin Unified APCD.
    (A) Amended Rule 301.
    (xii) San Luis Obispo County APCD.
    (A) New or amended Rules 301, 302, and 411.
    (xiii) El Dorado County APCD (Mountain Counties Air Basin).
    (A) New or amended Rules 301-319, 501, 703, and 710.
    (xiv) Imperial County APCD.
    (A) New or amended Rules 101, 301, 302, 305-307.
    (xv) Shasta County APCD.
    (A) Amended Rule 2:11.
    (xvi) Monterey Bay Unified APCD.
    (A) Amended Rules 301, 601, and 602.
    (xvii) Tuolumne County APCD.
    (A) New or amended Rules 203, 301-319, 501-521, 703, and 710.
    (xviii) South Coast AQMD.
    (A) New or amended Rules 504.1, 218, 219, 220, 409, and 502.
    (104) Revised regulations for the following APCD's submitted on 
November 5, 1981 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Regulation 2, Rule 1: 2-1-101, 2-1-102, 2-1-111, 2-1-112, 2-1-
201 to 2-1-205, 2-1-301 to 2-1-306, 2-1-401 to 2-1-410, and 2-1-420 to 
2-1-423; Rule 2: 2-2-101 to 2-2-114, 2-2-201 to 2-2-208, 2-2-301 to 2-2-
306, 2-2-310, and 2-2-401 to 2-2-410.
    (ii) South Coast AQMD.
    (A) New or amended Rule 444.
    (iii) Fresno County APCD.
    (A) New or amended Rule 409.6.
    (105) Schedule to study Nontraditional Total Suspended Particulate 
Sources and commitment to implement control measures necessary to 
provide for attainment, submitted on November 18, 1981 by the Governor's 
designee.
    (106) The Southeast Desert Air Basin Control Strategy for ozone 
(Chapter 19 of the Comprehensive Revisions to the State of California 
Implementation Plan for the Attainment and Maintenance of the Ambient 
Air Quality Standards) was submitted by the Governor's designee on 
February 15, 1980. The portions of the Southeast Desert Air Basin 
Control Strategy identified in Table 19-1 (Summary of Plan Compliance 
with Clean Air Act Requirements), except those which pertain to Imperial 
County, comprise the plan. The remaining portions are for informational 
purposes only.
    (107) On August 11, 1980, the Governor's designee submitted a 
revision to the State Implementation Plan which adds the Southeast 
Desert Air Basin portion of Riverside County into the South Coast Air 
Quality Management District.
    (108) On November 28, 1980, the Governor's designee submitted a 
revision to the State Implementation Plan which deletes Rule 67, for the 
San Bernardino County APCD as applied to new sources.
    (109) Three items submitted for Fresno County and the Sacramento 
Metropolitan Area by the Governor's designee on October 9, 1980:
    (i) Air Quality Planning Addendum-Council of Fresno County 
Governments 1979-84 Overall Work Program.
    (ii) Emission Inventory, 1976 for the Sacramento Metropolitan Area.
    (iii) Air Quality Plan Technical Appendix, January 1979 for the 
Sacramento Metropolitan Area.
    (110) Five items submitted for Ventura County by the Governor's 
designee on April 1, 1980:
    (i) Appendix B-81, Empirical Kinetic Modeling Approach: Ozone 
Formation, Transport, and Concentration Relationships in Ventura County; 
Update of Emission Reduction Required for Attainment of Ozone NAAQS.
    (ii) Letter: Jan Bush to Mike Redemer, January 23, 1981.
    (iii) Letter and enclosures: Janet Lyders to Mike Scheible, February 
6, 1981.
    (iv) Letter and enclosures: Jan Bush to William Lockett, December 
15, 1980.
    (v) Letter and enclosures: Jan Bush to William Lockett, October 23, 
1980.
    (111) Four items submitted for Ventura County by the Governor's 
designee on July 16, 1981:
    (i) Attachment V--Transportation Control Measures.
    (ii) Ventura Air Quality Management Plan, Appendix O, Plan for 
Attainment of Standards for Total Suspended Particulates In Ventura 
County: Interim Report, July, 1980.

[[Page 128]]

    (iii) Attachment IV--Population Forecasts.
    (iv) Attachment VI--Implementation of Emission Reductions Required 
for Attainment of TSP Standards.
    (112) Plan for Attainment of the Federal Secondary Total Suspended 
Particulate Standard in Santa Clara County, an addendum to the San 
Francisco Bay Area Air Basin Control Strategy (Chapter 15) submitted on 
March 16, 1981, by the Governor's designee.
    (113) Supplemental material for the San Diego Nonattainment Area 
Plan submitted on July 13, 1981, by the Governor's designee.
    (114) Supplemental material for the San Diego Nonattainment Area 
Plan submitted on August 31, 1981, by the Governor's designee.
    (115) Supplemental material for the San Diego Nonattainment Area 
Plan submitted on December 8, 1981, by the Governor's designee.
    (116) Supplemental material for the South Coast Nonattainment Area 
Plan submitted on July 24, 1981, by the Governor's designee.
    (117) Supplemental material for the South Coast Nonattainment Area 
Plan submitted on December 24, 1981, by the Governor's designee.
    (118) Supplemental material for the South Coast Nonattainment Area 
Plan submitted on February 18, 1982, by the Governor's designee.
    (119) Revised regulations for the following APCDs submitted on April 
17, 1980, by the Governor's designee.
    (i) El Dorado County APCD (Mountain Counties Air Basin).
    (A) New or amended Rules 502-520.
    (B) Rule 102.
    (ii) Mendocino County APCD.
    (A) New or amended Rules 130, 200, 210, 220, 230, 240, 250, and 260.
    (120) The Mountain Counties Air Basin Control Strategy for ozone 
(Chapter 9 of the ``Comprehensive Revisions to the State of California 
Implementation Plan for the Attainment and Maintenance of the Ambient 
Air Quality Standards'' was submitted by the Governor's designee on 
April 3, 1981. The submittal also included revised regulations for the 
following APCD's.
    (i) El Dorado County APCD (Mountain Counties Air Basin portion).
    (A) Rules 401, 402, 403, 404, 405, 406, 407, 410, 411, 415, 416, 
418, 419, 420, 421, 422, 423, 424, and 425.
    (121) Revised regulations for the following APCDs submitted on March 
1, 1982 by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rule 474.
    (B) Amended Rules 107, 1107, 1108.1, 1125 and 1126.
    (C) Amended Rule 1110.
    (ii) San Diego County APCD.
    (A) New or amended Rules 62 and 53.
    (B) Amended Rule 67.6(e).
    (iii) Lake County APCD.
    (A) New or amended Rule 655.
    (iv) Bay Area AQMD.
    (A) Amended Regulation 8, Rules 2-112 and 5-313.4.
    (v) Ventura County APCD.
    (A) Amended Rule 74.6.
    (122) [Reserved]
    (123) Supplemental material for the Kern County Nonattainment Area 
Plan submitted on March 4, 1982, by the Governor's designee.
    (124) Revised regulations for the following APCDs submitted on 
August 6, 1982, by the Governor's designee.
    (i) Bay Area AQMD.
    (A) New or amended Regulation 1: Rules 1-100, 1-112, 1-205, 1-233, 
1-234, 1-235, 1-520, 1-522, 1-530, 1-540, 1-543, 1-544, and 1-602; 
Regulations 4: Rule 4-303; Regulation 5: Rules 5-208 and 5-402; and 
deletion of Regulation 6: Rule 6-132.
    (B) [Reserved]
    (C) Amended Regulation 8, Rules 2, 4, 5, 8 and 10.
    (D) New or amended Regulation 2: Rules 2-1-207, 2-1-208, 2-1-301, 2-
1-304, and 2-1-307.
    (E) Amended Regulation 8, Rule 23.
    (ii) Lake County APCD.
    (A) New or amended Rules 630, 631, 660.1, 660.2, and 660.3.
    (iii) San Joaquin County APCD.
    (A) New or amended Rules 203, 415, 503, and 521.
    (iv) South Coast AQMD.
    (A) New or amended Rule 407.
    (B) Amended Rule 1107.
    (C) [Reserved]
    (v) Stanislaus County APCD.
    (A) New or amended Rules 203 and 503.
    (B) New or amended Rules 409.4 and 409.8.
    (vi) Del Norte County APCD.

[[Page 129]]

    (A) New or amended Rules 616, 618, and 620.
    (B) New or amended Rule 230, adopted December 14, 1981.
    (vii) Humboldt County APCD.
    (A) New or amended Rules 616, 618, and 620.
    (B) New or amended Rule 230, adopted December 8, 1981.
    (viii) Mendocino County APCD.
    (A) New or amended Rules 610, 616, 618, and 620.
    (B) New or amended Rules 130 (introductory text, b1, m1, p5, and 
s2), and 230, adopted January 5, 1982.
    (ix) Northern Sonoma County APCD.
    (A) New or amended Rules 616, 618, and 620.
    (B) New or amended Rules 130 (introductory text, b1, n1, p5, and 
s2), 220(c), 230, and 260, adopted February 23, 1982 and rule 200, 
adopted June 15, 1982.
    (x) Trinity County APCD.
    (A) New or amended Rules 616, 618, and 620.
    (B) New or amended Rule 230, adopted December 7, 1981.
    (xi) Kern County APCD.
    (A) New or amended Rule 411.
    (xii) Butte County APCD.
    (A) New or amended Rules 4-6 and 4-6A.
    (125) Revised Regulations for the following APCDs submitted on May 
20, 1982 by the Governor's designee.
    (i) San Diego County APCD.
    (A) New or amended Rule 40.
    (ii) South Coast AQMD.
    (A) New or amended Rule 431.1.
    (B) New or amended Rules 303 and 304.
    (C) [Reserved]
    (D) Amended Rules 442, 467 and 1128.
    (iii) Monterey Bay Unified APCD.
    (A) New or amended Rule 422.
    (B) New Rule 428.
    (iv) Shasta County APCD.
    (A) New or amended Rules 2:6, 2:7, 2:8, 2:9, 2:11 and 4:4.
    (v) Tulare County APCD.
    (A) New or amended Rules 104 and 405.
    (B) Amended Rule 410.1.
    (vi) Yolo-Solano APCD.
    (A) New or amended Rules 4.1 and 4.2.
    (vii) Yuba County APCD.
    (A) New or amended Rule 9.6.
    (viii) Bay Area AQMD.
    (A) Manual of Procedures: Volumes I, V and VI.
    (B) Amended Regulation 8, Rules 7, 14, 18 and 19.
    (ix) San Joaquin County APCD.
    (A) Amended Rule 412.
    (126) Revised regulations for the following APCDs submitted on 
November 8, 1982 by the Governor's designee.
    (i) Sacramento County APCD.
    (A) New or amended Rules 59 and 70.
    (B) Amended Rules 16 and 19.
    (ii) Santa Barbara County APCD.
    (A) New or amended Rule 210D.
    (iii) Stanislaus County APCD.
    (A) New or amended Rules 110, 202, and 302.
    (B) Amended Rules 409.8, 411 and 411.1(G).
    (iv) South Coast AQMD.
    (A) New or amended Rules 708.3 and 1105.
    (v) Tulare County APCD.
    (A) New or amended Rule 519.
    (B) Amended Rules 410.3 and 410.4.
    (vi) Yolo-Solano County APCD.
    (A) New or amended Rule 6.1.
    (B) Amended Rule 2.22.
    (127)(i)(A) [Reserved]
    (B) Amended Regulation 3: Rules 3-102, 3-302, 3-302.1, 3-303, and 
Schedule A.
    (C) Amended Rules 13 and 29.
    (D) New or amended Regulation 2: Rules 2-2-113.2, 2-2-115, 2-2-209, 
2-2-210, 2-2-211, 2-2-303.2, 2-2-304.1, 2-2-304.2, and 2-2-404; and 
Regulation 3: Rule 3-312.
    (ii) Fresno County APCD.
    (A) Amended Rules 406 and 408.
    (B) Amended Rule 409.1.
    (iii) North Coast Unified AQMD.
    (A) New Rule 350.
    (iv) Imperial County APCD.
    (A) Amended Rule 409.
    (B) Amended Rule 424.
    (v) Monterey Bay Unified APCD.
    (A) New or amended Rule 601.
    (B) Amended Rule 301, submitted on February 3, 1983.
    (vi) San Luis Obispo County APCD.
    (A) Amended Rule 302.
    (vii) South Coast AQMD.
    (A) New or amended Rules 301.1, 302, 303, and Resolutions 82-23 and 
82.35.
    (B) New or amended Rules 461, 1102, and 1102.1.
    (C) New or amended Rules 301, 304, 401(b) and 1148.
    (viii) Ventura County APCD.
    (A) New or amended Rule 41.
    (B) Amended Rule 74.2.

[[Page 130]]

    (128) The 1982 Ozone Air Quality Plan for the Monterey Bay Region 
was submitted on December 31, 1982 and January 14, 1983 by the 
Governor's designee.
    (129) The 1982 Ozone Air Quality Plan for Stanislaus County and the 
1982 Ozone and CO plan for San Joaquin County were submitted on December 
1, 1982 by the Governor's designee.
    (130) The 1982 Ozone Air Quality Plan for Santa Barbara County was 
submitted on December 31, 1982 by the Governor's designee.
    (131) [Reserved]
    (132) Revised regulations for the following APCDs submitted on June 
28, 1982, by the Governor's designee.
    (i) Kern County APCD.
    (A) Amended Rule 425.
    (133) The enabling legislation, Chapter 892, Statutes of 1982, 
(Senate Bill No. 33) for a California motor vehicle inspection and 
maintenance program and the California Air Resources Board's Executive 
Order G-125-15 submitted on September 17, 1982 by the Governor's 
designee.
    (134) A schedule to implement the California motor vehicle 
inspection and maintenance (I/M) program, the California Air Resources 
Board's Executive Order G-125-33, and local resolutions and requests 
from the Bay Area Air Quality Management District, Sacramento County 
APCD, Placer County APCD, Yolo-Solano APCD, San Diego County APCD, South 
Coast Air Quality Management District and Ventura County APCD to have 
the State implement the I/M program, submitted on July 26, 1983 by the 
Governor's designee.
    (135) The 1982 Ozone and CO Air Quality Plan for the San Francisco 
Bay Air Basin was submitted on February 4, 1983 by the Governor's 
designee.
    (136) The 1982 Ozone and CO Air Quality Plan for the San Diego Air 
Basin was submitted on February 28 and August 12, 1983 by the Governor's 
designee.
    (137) Revised regulations for the following APCDs was submitted on 
July 19, 1983 by the Governor's designee.
    (i) Kern County APCD.
    (A) New or amended Rules 301.1 and 302.
    (B) Amended Rule 410.1
    (ii) Merced County APCD.
    (A) New or amended Rules 104, 108, 113, 202, 209.1, 301, 305, 407 
and 519.
    (B) Amended Rule 409.1.
    (C) New or amended Rules 409.4, 409.5, 411 and 411.1.
    (iii) Sacramento County APCD.
    (A) New or amended Rule 7.
    (B) Amended Rule 17.
    (iv) San Diego County APCD.
    (A) New or amended Rules 10 and 40.
    (B) Amended Rules 67.3, 67.4 and 67.6.
    (v) San Luis Obispo County APCD.
    (A) New or amended Rule 212.
    (vi) Shasta County APCD.
    (A) New or amended Rules 2.18, 3.4, and 3.15.
    (B) Amended Rules 3.3(b), 3.4(d) and 3.15(c).
    (vii) South Coast AQMD.
    (A) New or amended Rules 502, 1207 and deletion of 301.1.
    (B) New or amended Rules 301, 301.1, 301.2 and 431.1.
    (viii) Ventura County APCD.
    (A) Amended Rule 41.
    (ix) Monterey Bay Unified APCD.
    (A) Amended Rule 426.
    (x) Placer County APCD (Mountain Counties Air Basin portion).
    (A) Amended Rule 218.
    (xi) Fresno County APCD.
    (A) Amended Rule 409.4.
    (138) Revised regulations for the following APCDs was submitted on 
April 11, 1983 by the Governor's designee.
    (i) Butte County APCD.
    (A) Amended Rules 1-36, 4-2, 4-3, 4-11, and 5-3.
    (ii) El Dorado County APCD.
    (A) New or amended Rules 203, 206, 207, 209-212, 221-226, 521, 609-
612 and 700-703.
    (B) Amended Rules 214-220.
    (C) New Rule 213.
    (iii) Fresno County APCD.
    (A) New or amended Rule 301.
    (iv) Lake County APCD.
    (A) New or amended Rules 900 and 902.
    (v) Madera County APCD.
    (A) New or amended Rules 103-117, 301-305, 401-405, 421-425, 501-
503, 519, 606, 610 and 611.
    (B) Amended Rules 409, 410, and 417-419.
    (C) New or amended Rules 406, 407, 408, 411 and 420.
    (vi) Monterey Bay Unified APCD.
    (A) New or amended Rules 200, 201(p), 501, 503, 506, 507 and 508.

[[Page 131]]

    (B) Amended Rule 425.
    (vii) Ventura County APCD.
    (A) New or amended Rule 59c.
    (viii) Kern County APCD.
    (A) Amended Rule 414.1.
    (ix) Kings County APCD.
    (A) Amended Rule 410.1.
    (139) Amendments to ``Chapter 27--California Lead Control Strategy'' 
was submitted on April 8, 1983 by the Governor's designee.
    (140) Revised regulations for the following APCDs were submitted on 
August 30, 1983 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Amended Regulation 3: Rules 3-100 through 3-103, 3-200 through 
3-211, 3-300 through 3-313 and 3-400 through 3-409.
    (B) New Regulation 8, Rule 30.
    (ii) Kern County APCD.
    (A) New or amended Rules 405, 408, 409, and 424.
    (iii) Stanislaus County APCD.
    (A) New or amended Rules 109 and 213.
    (B) Amended Rule 409.1.
    (iv) Yolo-Solano APCD.
    (A) Amended Rule 2.13(1).
    (141) The 1982 CO Air Quality Plan for the Lake Tahoe Air Basin was 
submitted on December 20, 1982 by the Governor's designee.
    (142) The 1982 ozone and CO Air Quality Plan for the Sacramento 
nonattainment area submitted on January 10, 1984 by the Governor's 
designee, except for the attainment and RFP demonstration portions of 
the ozone plan.
    (143) Revisions to the 1982 ozone and CO Air Quality Plan for the 
Sacramento nonattainment area submitted on February 10, 1984.
    (144) The 1982 Ozone and CO Air Quality Management Plan for the 
South Coast Air Basin submitted on December 31, 1982 and subsequently 
amended on February 15, and June 28, 1984 by the Governor's designee, 
except for:
    (i) The attainment and RFP demonstration portions of the plan.
    (ii) The emission reduction credit for the New Source Review control 
measure.
    (145) The 1982 Ozone Air Quality Management Plan for Ventura County 
submitted on December 31, 1982 by the Governor's designee except for the 
attainment and RFP demonstration portions of the plan.
    (146) The 1982 Ozone and CO Clean Air Plan for the Fresno 
nonattainment area submitted on December 1, 1982 by the Governor's 
designee, except for the attainment and RFP demonstration portions of 
the plans.
    (147) [Reserved]
    (148) Revised regulations for the following APCDs were submitted on 
October 27, 1983 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) New or amended Regulations 6-303.4, 9-1-100, 9-1-101, 9-1-110, 
9-1-200 through 9-1-205, 9-1-300 through 9-1-312, 9-1-400 through 9-1-
404, 9-1-500 through 9-1-503, 9-1-600 through 9-1-605 and 5-401.13.
    (B) Amended Regulation 8, Rules 3, 9, 10, 20, 22, 25 and 28.
    (ii) El Dorado County APCD.
    (A) New or amended Rules 102, 226, 227, and 228.
    (B) New Rules 224 and 225.
    (iii) Monterey Bay Unified APCD.
    (A) New or amended Rules 407, 410, and 411.
    (iv) San Diego County APCD.
    (A) New or amended Rule 68.
    (B) New Rule 67.9.
    (v) Shasta County APCD.
    (A) New or amended Rule 2.6.
    (vi) South Coast AQMD.
    (A) New or amended Rules 1105 and 1111.
    (B) New or amended Rules 1113, 1122, 1136, 1141 and 1145.
    (vii) Ventura County APCD.
    (A) New or amended Rule 30.
    (viii) Madera County APCD.
    (A) Amended Rule 416.
    (149) Revised regulations for the following APCD's submitted on 
January 20, 1983 by the Governor's designee.
    (i) California State.
    (A) New or amended California statewide regulations: Test Procedures 
for Determining the Efficiency of Gasoline Vapor Recovery Systems at 
Service Stations; Certification and Test Procedures for Vapor Recovery 
Systems of Gasoline Delivery Tanks; Test Procedure for Gasoline Vapor 
Leak Detection Using Combustible Gas Detector.
    (150) Revised regulations for the following APCD's submitted August 
2, 1983, by the Governor's designee.
    (i) Kings County APCD.

[[Page 132]]

    (A) New Rule 414.4.
    (ii) Yuba County APCD.
    (A) Amended Rule 3.9.
    (151) [Reserved]
    (152) Amendments to ``Chapter 27--California Lead Control Strategy'' 
were submitted on February 22, 1984 by the Governor's designee.
    (153) Revised regulations for the following APCD's were submitted on 
March 14, 1984 by the Governor's designee.
    (i) Lake County APCD.
    (A) New or amended Rule 602.
    (ii) North Coast Unified AQMD.
    (A) New or amended Rules 100, 120, 130 [Paragraphs (d1) and (s5)], 
160 (except (a) and non-criteria pollutants), 240, 500, 520, 600, 610 
and Appendix B (except (D)(1)(e)).
    (B) New or amended Rules, 130, 130 (b1, m2, n1, p5, s2), 200 (a), 
(b), (c)(1-2), and (d), 220(c), and 260.
    (iii) San Diego APCD.
    (A) New or amended Rules 2, 52 and 53.
    (B) Amended Rules 67.0 and 67.1 (deletion).
    (iv) San Joaquin APCD.
    (A) New or amended Rules 110, 202 and 407.
    (B) Amended Rules 409.1 and 409.4.
    (v) Bay Area AQMD.
    (A) New Regulation 8, Rules 31 and 32.
    (vi) Kern County APCD.
    (A) Amended Rule 410.1.
    (vii) South Coast AQMD.
    (A) New or amended Rules 1108.1 and 1141.1.
    (B) New Rule 1158, adopted 12-2-83.
    (viii) Ventura County APCD.
    (A) Amended Rule 74.2
    (154) Revised regulations for the following APCD's were submitted on 
April 19, 1984 by the Governor's designee.
    (i) Mendocino County APCD.
    (A) New or amended Regulation 1: Rules 100, 120, 130 [Paragraphs 
(d1) and (s5)], 160 (except (a) and non-criteria pollutants), 240, 500, 
520, 600, 610 and Appendix B (except (D)(1)(e)) and Regulation 2: Rules 
101, 102, 200, 301, 302, 303, 304, 305, 401, 501, and 502.
    (B) New or amended Rules, 130, 200, 220(a)(1&3), (b)(1, 2, 5, and 
7), (c), and 260.
    (ii) Monterey Bay Unified APCD.
    (A) New or amended Rules 101, 200, 203 and 422.
    (B) Amended Rule 426.
    (iii) Sacramento County APCD.
    (A) New or amended Rules 101, 102, 103, 403-410, 420, 501, 601, 602 
and 701.
    (B) Amended Rules 441, 442, 444-446 and 448-455.
    (iv) San Luis Obispo County APCD.
    (A) New or amended Rule 105.
    (v) Shasta County APCD.
    (A) New or amended Rules 1:2, 2:2 (repealed), 2:3 (repealed), 2:6 
2:26 (repealed), 2:27 (repealed), and 3:2.
    (B) Amended Rule 3:4, adopted on January 3, 1984.
    (vi) Bay Area AQMD.
    (A) New or amended Regulation 8, Rules 6, 7, 29 and 33.
    (B) Amended Regulation 9, Rule 4 adopted December 7, 1983.
    (vii) South Coast AQMD.
    (A) Amended Rule 1124.
    (B) [Reserved]
    (155) Revised regulations for the following APCD's submitted July 
10, 1984, by the Governor's designee.
    (i) Bay Area AQMD.
    (A) New or amended Regulation 8, Rules 11, 34 and 35.
    (ii) El Dorado County APCD.
    (A) New or amended Rules 215, 216 (deletion), 216 and 217 
(deletion).
    (B) New or amended Rule 217.
    (iii) Madera County APCD.
    (A) New or amended Rules 409 and 410.
    (B) New or amended Rules 203 and 404.
    (iv) South Coast AQMD.
    (A) Amended Rule 1113.
    (B) New or amended Rules 401 and 1305.
    (v) North Coast Unified AQMD.
    (A) New or amended Regulation 2.
    (B) New or amended Rules 130 (b2, m1, p3, and s7), Chapter II, 200 
(c)(3-6) and 220 (a) and (b).
    (vi) Shasta County APCD.
    (A) Amended Rule 1:2.
    (156) Revised regulations for the following APCD's were submitted on 
October 19, 1984 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) New or amended Rules 2-1 and 8-36.
    (ii) Merced County APCD.
    (A) New or amended Rules 112, 409.1, and 409.4.

[[Page 133]]

    (iii) North Coast Unified AQMD.
    (A) New or amended Rules 160 and 460.
    (B) Amended Rules 130(c, 1) and 240(e).
    (iv) San Diego County APCD.
    (A) New or amended Rules 61.0, 61.2, 61.8, and 67.3.
    (v) Yolo-Solano APCD.
    (A) New or amended Rule 2.21.
    (vi) Northern Sonoma County APCD.
    (A) New or amended Rules 130 (b2, m1, p3, p3a, and s7), Chapter II, 
220(B).
    (vii) South Coast AQMD.
    (A) New or amended Rule 463, adopted 6-1-84 and 1141.2, adopted 7-6-
84.
    (157) [Reserved]
    (158) Revised regulations for the following Districts were submitted 
on December 3, 1984 by the Governor's designee.
    (i) Mendocino County APCD.
    (A) New or amended Rules 1-160, 1-240, 1-460 and 2-502.2.
    (B) New or amended Rules 130 (b2, m1, p3, s7), Chapter II, 220 
(a)(2) and (b)(3, 4, 6, 8 and 9).
    (159) Revised regulations for the following APCD's were submitted on 
February 6, 1985 by the Governor's designee.
    (i) Sacramento County APCD.
    (A) Amended Rule 202 (except for a) sections 104 and 105 as they 
apply to volatile organic compounds and nitrogen oxides, b) sections 109 
and 229, and c) the portion of section 405 which concerns stack heights 
[under NSR]).
    (ii) Fresno County APCD.
    (A) New or amended Rules 409.7 and 413.1, adopted on October 2, 
1984.
    (iii) Monterey Bay Unified APCD.
    (A) New or amended Rules 100 to 106, 200 to 206, 208 to 214, 400, 
401, 405, 406, 408 to 415, 417 to 422, 425 to 428, 500 to 506, 600 to 
617, 700 to 713, 800 to 816, and 900 to 904, adopted on December 13, 
1984.
    (iv) Sacramento County APCD.
    (A) New or amended Rules 201 (sections 100-400), 404 (sections 100-
300), and 443 (sections 100-400), adopted on November 20, 1984.
    (B) Amended Rule 447 adopted November 20, 1984.
    (v) South Coast AQMD.
    (A) New or amended Rules 1104 and 1125, adopted on December 7, 1984.
    (B) Amended Rule 1141, adopted on November 2, 1984.
    (C) Amended Rule 1105 adopted September 21, 1984.
    (D) New Rule 1117 adopted January 6, 1984.
    (vi) Stanislaus County APCD.
    (A) New or amended Rules 202(O), 411, and 416.1, adopted on 
September 18, 1984.
    (vii) Yolo-Solano County APCD.
    (A) Amended Rule 2.21.a.7. (a) and (b) adopted November 21, 1984.
    (160) Revised regulations for the following APCD's were submitted on 
April 12, 1985, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area AQMD.
    (1) Revisions to Regulation 8, Rule 33, adopted on January 9, 1985.
    (B) San Luis Obispo County APCD.
    (1) New or amended Rules 201, 205, 405, and 406, adopted on November 
13, 1984.
    (C) Shasta County APCD.
    (1) Amended Rule 2:1.514, adopted on May 29, 1984.
    (D) San Diego County APCD.
    (1) New Rule 67.10 adopted January 30, 1985.
    (E) South Coast AQMD.
    (1) Amended Rule 1108 adopted February 1, 1985.
    (161) Revisions to the ozone and carbon monoxide nonattainment area 
plans for the Fresno County portion of the San Joaquin Valley Air Basin 
were submitted by the Governor on June 11, 1984.
    (i) Incorporation by reference.
    (A) State of California Air Resources Board Executive Order G-125-46 
adopted May 11, 1984.
    (B) Letters from the County of Fresno to the Bureau of Automotive 
Repair dated March 14, 1984 and February 14, 1984 requesting 
implementation of an   I/M program in Fresno County.
    (C) County of Fresno Resolution File Number 18-13 adopted February 
14, 1984.
    (D) Schedule to implement I/M in Fresno County, adopted on February 
14, 1984.
    (ii) Additional Information. The State submitted no additional 
information.

[[Page 134]]

    (162) Revised regulations for the following APCD were submitted on 
June 21, 1985 by the Governor's designee.
    (i) Northern Sonoma County APCD.
    (A) Amended Rule 220 (a).
    (163) Rule 1304(e), Resource Conservation and Energy Projects, 
adopted on March 7, 1980, submitted on April 3, 1980 (See 
Sec. 52.220(c)(68)(i)), and conditionally approved on January 21, 1981 
[See Sec. 52.232(a)(3)(i)(A)] is disapproved but only with respect to 
projects whose application for a permit is complete after January 1, 
1986.
    (164) Revised regulations for the following APCD's were submitted on 
October 16, 1985 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Amador County APCD.
    (1) New or amended Rules 301-319 and 501, adopted 6/16/81; and Rules 
502-514 and 517-521, adopted 1/8/80.
    (B) Northern Sonoma County APCD.
    (1) Amended Rules 100, 120, 130 (d1 and s5), 500, 520, 600, and 610, 
adopted 2/22/84, and amended Rule 200(a), adopted 7/19/83.
    (C) Ventura County APCD.
    (1) Amended Rules 15, 54, 61, 64, 67, 69, 70, 74.3, 74.4, 74.5, 
74.6, 74.8, 80, and 103, revised 7/5/83.
    (2) Previously approved and now removed (without replacement), Rule 
84.
    (D) Yuba County APCD.
    (1) Amended Rules 1.1, 2.0, 2.1, 2.3, 2.5, 2.6, 2.7, 2.9, 2.11, and 
2.16, adopted 3/5/85.
    (165) Revised regulations for the following APCD's were submitted by 
the Governor's designee on November 12, 1985.
    (i) Incorporation by reference.
    (A) Northern Sonoma County APCD.
    (1) Amended Rule 130 s4, adopted 7/9/85.
    (B) South Coast Air Quality Management District.
    (1) Amended Rule 221, adopted 1/4/85.
    (166) A revised regulation for the following district was submitted 
on December 2, 1983, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast AQMD.
    (1) Amended Rule 466 adopted 10/7/83.
    (167) A revised regulation for the following district was submitted 
on August 1, 1984, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County APCD.
    (1) Amended Rule 74.7 adopted 7-3-84.
    (168) Revised regulations for the following APCD's were submitted by 
the Governor's designee on February 10, 1986.
    (i) Incorporation by reference.
    (A) Butte County APCD.
    (1) New or amended Rules 101, 102, 250, 260, 261, 270, 301, 302, 
303, 304, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 
318, 320, 322, 323, 324, 325, 401, 402, 403, 405, 406, 407, 420, 421, 
422, 423, 425, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 
612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 701, 702, 703, 704, 
801, 802, 901, 902, and 3-3 (repealed), adopted August 6, 1985.
    (2) New or amended Rules 202, 203, 204, 205, 210, 211, 212, 213, 
214, 215, 220, 225, and 231 adopted August 6, 1985.
    (B) Lake County APCD.
    (1) New Rules 650D, 651, and 1701Q, adopted December 10, 1985.
    (C) Placer County APCD (Mountain Counties portion).
    (1) Amended Rules 102, 312, 314, 315, 320, 505, 507, 803, 211A 
(repealed), and 219M (repealed), adopted May 20, 1985.
    (2) New or amended Rules 213, 307, and 324 adopted May 20, 1985.
    (D) Sutter County APCD.
    (1) Amended Rule 2.5, adopted October 15, 1985.
    (E) Tehama County APCD.
    (1) Amended Rules 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 5.2, 5.3, 5.6, 
5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 5.13, 5.15, 5.16, 5.17, 5.18, 5.20, 
5.21, 5.22, and 5.23, adopted September 19, 1985.
    (2) New or amended Rules 4.3, 4.8, 4.9 (a) and (b), 4.10, and 4.14 
adopted September 10, 1985.
    (F) Monterey Bay Unified APCD.
    (1) New or amended Rules 416 and 418 adopted September 18, 1985.
    (G) San Diego County APCD.
    (1) New or amended Rules 66 (w) and 67.8 (d) adopted September 17, 
1985.
    (H) South Coast AQMD.
    (1) Amended Rule 1159 adopted December 6, 1985.
    (169) [Reserved]
    (170) Revised regulations for the following APCD's were submitted on 
August 12, 1986, by the Governor's designee.
    (i) Incorporation by reference.

[[Page 135]]

    (A) Placer County Air Pollution Control District.
    (1) Amended rules 101, 201, 305 (Mountain Counties portion), adopted 
May 27, 1986.
    (171) Revised regulations for the following APCD's were submitted on 
November 21, 1986 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Mendocino County APCD.
    (1) Amended Rule 200(d), adopted on July 8, 1986.
    (B) Placer County APCD.
    (1) New Rule 225, adopted on June 17, 1986.
    (C) San Joaquin County APCD.
    (1) Amended Rules 411.2, 416, and 416.1, adopted on June 24, 1986.
    (D) Shasta County APCD.
    (1) New or amended Rules 1:1, 1:2 (except ``fugitive emissions''), 
2:10, 2:23, 2:26, 2:27, 3:2, 3:3, 4:1, 4:2, and 4:7 adopted on July 22, 
1986.
    (2) Previously submitted to EPA on June 30, 1972 and approved in the 
Federal Register on September 22, 1972 and now removed without 
replacement, Rule 2:13.
    (3) Previously submitted to EPA on July 19, 1974 and approved in the 
Federal Register on August 22, 1977 and now removed without replacement, 
Rules 3:8, 4:7, 4:9, 4:10, 4:11, 4:12, 4:13, 4:15, 4:16, 4:17, 4:18, 
4:20, 4:21, and 4:22.
    (4) Previously submitted to EPA on October 13, 1977 and approved in 
the Federal Register on November 14, 1978 and now removed without 
replacement, Rules 4:14 and 4:19.
    (172) Revised regulations for the following APCD's were submitted on 
March 11, 1987, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Siskiyou County APCD.
    (1) New or amended Rules 1.1, 1.2 (A3, A4, A8, A9, B3, B4, C1, C5, 
C6, C8, C10, D1, D2, E1, F1, H2, I2, I3, M3, M4, O1, P1, P3, P4, P8, R3, 
R4, R6, S1, S2, S3, S5, S6, T2, V1), 1.3, 1.5, 2.3, 2.7, 2.8, 2.9, 2.10, 
2.11, and 2.12 adopted on November 25, 1986.
    (2) Previously submitted to EPA on February 21, 1972 and approved in 
the Federal Register on May 31, 1972 and now removed without 
replacement, Rule 1.2 (M).
    (3) Previously submitted to EPA on July 25, 1973 and approved in the 
Federal Register on August 22, 1977 and now removed without replacement, 
Rule 2.13.
    (B) Ventura County APCD.
    (1) Amended Rule 23, adopted on October 21, 1986.
    (173) Revised regulations for the following APCD's were submitted on 
June 9, 1987 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area AQMD.
    (1) New Rules 2-1-401.6 and 2-1-401.7, adopted January 7, 1987.
    (B) Imperial County APCD.
    (1) New or amended Rules 102, 105, 108, 110, 113, 115, 203, 204, 
205, 210, 401, 402, 403, 420, 421, 422, and 423, adopted November 19, 
1985.
    (C) Monterey Bay Unified APCD.
    (1) Amended Rule 201 (introductory paragraph and subparagraphs (1) 
through (8.6)), adopted December 17, 1986.
    (D) Tulare County APCD.
    (1) Amended Rules 110 and 202 (introductory paragraph and 
subparagraphs (a) through (d.7)), adopted May 13, 1986.
    (174) Revised regulations for the following APCD's were submitted on 
September 1, 1987 by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast AQMD.
    (1) Amended Rule 212, adopted May 1, 1987.
    (B) Ventura County APCD.
    (1) Amended Rule 12, adopted June 16, 1987.
    (175) Revised regulations for the following APCD's were submitted on 
November 25, 1987, by the Governor's designee.
    (i) Incorporation by Reference.
    (A) Shasta County AQMD.
    (1) Amended rules 1:2, 2:6.a.4.(c), 2:6.b, 2:7.a, 2:7.c, 
2:8.c.2.(a), 2:8.c.3.(a), 2:8.c.4, and 2:19, adopted on July 28, 1987.
    (B) Tehama County APCD.
    (1) New or amended rules 1:2, 3:1, 3:6(1), 3:11(a), 3:12, 3:13.j, 
3:14(10), 3:15, 4:3, and 4:24, adopted on August 4, 1987.
    (C) Yolo-Solano APCD.
    (1) Amended rule 3:7(d), adopted on August 12, 1987.
    (176) Revised regulations for the following APCD's were submitted on 
March 23, 1988 by the Governor's designee.
    (i) Incorporation by reference.

[[Page 136]]

    (A) Siskiyou County Air Pollution Control District.
    (1) New and amended rules 4.1, 4.1-1, 4.1-2, 4.2-1, 4.3, 4.4, 4.5, 
4.6, 4.6-1, 4.7, 4.8, 4.9, 4.10, 4.11, 7.1, 7.2, 7.3, 7.4, 7.5-1, 7.5-2, 
7.5-3, 7.6, and 7.7 adopted on October 27, 1987.
    (B) Lake County Air Pollution Control District.
    (1) Amended rules 431.5, 431.7, 432, 432.5, 433, 434, 436.5, 442, 
1105, and 1107 adopted October 20, 1987.
    (C) Lassen County Air Pollution Control District.
    (1) Amended Articles I, II, III, IV, V, VI, and VII adopted August 
11, 1987.
    (177) Revised regulations for the following APCD's were submitted by 
the Governor's designee on February 7, 1989.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Amended Rules 2 and 55 adopted May 24, 1988.
    (2) Amended Rule 56 adopted May 24, 1988.
    (B) Bay Area Air Quality Management District.
    (1) Amended Regulation 4 adopted September 7, 1988.
    (C) Mariposa County Air Pollution Control District.
    (1) Amended Regulation III and Rules 300, 301, 302, 303, 304, 305, 
306, 307, and 308 adopted July 19, 1988.
    (D) Madera County Air Pollution Control District.
    (1) Amended rules 106, 112, 114, 401, 403, 422, 424, 425, 501, 504, 
505, 506, 518, 519, 601, 603, 605, 606, 609, 610, 611, 613, and 614 
adoped on January 5, 1988.
    (E) Bay Area Air Quality Management District.
    (1) Rule 8-5 adopted on May 4, 1988.
    (178) [Reserved]
    (179) Revised regulations for the following APCD's were submitted on 
March 26, 1990, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Kings County Air Pollution Control District.
    (1) Amended Rules 417 and 417.1 adopted on February 28, 1989.
    (B) San Bernardino County Air Pollution District.
    (1) Amended Rules 101, 102 (except fugitive liquid leak and fugitive 
vapor leak), 103, 104, 105, and 106 adopted on December 19, 1988.
    (C) Bay Area Air Quality Management District.
    (1) Rule 8-44, adopted January 4, 1989.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.7, adopted on January 10, 1989.
    (180) [Reserved]
    (181) New and amended regulations for the following APCD were 
submitted on October 16, 1990, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Rule 71.2, adopted on September 26, 1989.
    (182) New and amended regulations for the following APCDs were 
submitted on December 31, 1990, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 1175 and 1176, adopted on January 5, 1990.
    (2) Rule 109, adopted on May 5, 1989.
    (3) Rule 108, adopted on April 6, 1990.
    (4) Rule 461, adopted on July 7, 1989.
    (B) Bay Area Air Quality Management District.
    (1) Regulation 8, Rule 8, adopted on November 1, 1989.
    (2) Amended Rule 8-28, adopted September 6, 1989.
    (3) Rule 8-46, adopted July 12, 1989.
    (4) Amended Regulation 8, Rule 16, adopted on August 2, 1989.
    (5) Amended Regulation 8, Rule 11, adopted on September 20, 1989.
    (C) San Luis Obispo County Air Pollution Control District.
    (1) Rule 424, adopted on July 18, 1989.
    (D) Santa Barbara County Air Pollution Control District.
    (1) Amended Rule 323, adopted on February 20, 1990.
    (183) New and amended regulations for the following APCD's were 
submitted on April 5, 1991, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Diego County Air Pollution Control District.
    (1) Rule 67.8, adopted on December 18, 1990.

[[Page 137]]

    (2) Rule 61.9, adopted on March 14, 1989, is now removed without 
replacement as of April 19, 1994.
    (3) Revised Rule 67.3, adopted on October 16, 1990.
    (4) Amended Rule 61.4, adopted on October 16, 1990.
    (5) Amended Rule 67.4, adopted July 3, 1990.
    (6) Amended Rule 61.0, adopted on September 16, 1990.
    (7) New Rule 67.12, adopted December 4, 1990.
    (8) [Reserved]
    (9) Amended Rule 67.18, adopted on July 3, 1990.
    (10) Revised Rules 61.2, 61.3, and 67.5, adopted October 16, 1990.
    (11) Amended Rule 61.1, adopted October 16, 1990.
    (12) Rule 67.6, adopted on October 16, 1990.
    (13) Rule 67.15, adopted on December 18, 1990.
    (B) Ventura County Air Pollution Control District.
    (1) Rules 74.5.1 and 74.5.2, adopted on December 4, 1990.
    (2) Rule 71, adopted on September 11, 1990.
    (3) Rule 74.13, adopted on January 22, 1991.
    (C) Placer County Air Pollution Control District.
    (1) Amended Rule 217, adopted on September 25, 1990.
    (2) Amended Rule 213, adopted on September 25, 1990.
    (3) New Rule 410 and Amended Rule 223, adopted on September 25, 
1990.
    (4) Amended Rule 212, adopted September 25, 1990.
    (5) Rule 216, adopted on September 25, 1990.
    (D) Sacramento Metropolitan Air Quality Management District.
    (1) Amended rules 443, adopted September 25, 1990, and 452, adopted 
August 21, 1990.
    (E)(1) [Reserved]
    (2) Rule 316, adopted on July 10, 1990.
    (F) Bay Area Air Quality Management District.
    (1) Amended Regulation 8, Rule 43, adopted on June 20, 1990.
    (2) Regulation 8, Rule 17, adopted on September 5, 1990.
    (184) New and amended regulations for the following APCDs were 
submitted on May 13, 1991, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Amended rule 445, adopted November 6, 1990.
    (2) Amended Rules 442, adopted October 2, 1990, and 446, adopted 
December 4, 1990.
    (B) South Coast Air Quality Management District.
    (1) Rules 1102 and 1102.1, adopted on December 7, 1990.
    (2) Rule 465, adopted on December 7, 1990, and Rule 1123, adopted on 
December 7, 1990.
    Editorial Note: At 57 FR 48459, Oct. 26, 1992, the following 
paragraph (c)(184)(i)(B)(2) was added to Sec. 52.220.
    (2) Rules 1162 and 1173, adopted on December 7, 1990.
    (3) Rules 1153 and 1164, adopted on January 4, 1991, and December 7, 
1990, respectively.
    (4) New Rule 1174, adopted on October 5, 1990.
    (C) Bay Area Air Quality Management District.
    (1) Rule 8-37, adopted on October 17, 1990.
    (D)(1) Amended Rule 67.0, adopted on December 4, 1990.
    (E) Yolo-Solano Air Quality Management District.
    (1) Rule 2.24, adopted on November 14, 1990.
    (185) New and amended regulations for the following APCD's were 
submitted on May 30, 1991, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Kern County Air Pollution Control District.
    (1) Rules 410.6 and 410.6A, adopted on May 6, 1991.
    (2) Rule 410.5, adopted on May 6, 1991.
    (3) Rule 410.4A, adopted on May 6, 1991.
    (4) Amended Rule 410.1, adopted on May 6, 1991.
    (5) Amended Rules 414 and 414.1 and New Rule 414.5, adopted on May 
6, 1991.
    (6) Revised Rule 410.4, adopted on May 6, 1991.
    (7) Rule 410.3 and Rule 412, adopted on May 6, 1991.
    (8)  [Reserved]
    (9) Rule 410.7, adopted May 6, 1991.

[[Page 138]]

    (B) San Diego County Air Pollution Control District.
    (1) Rule 67.2, adopted on May 21, 1991.
    (2) Rule 67.7, adopted on May 21, 1991.
    (3) [Reserved]
    (4) Amended Rule 67.16, adopted on May 21, 1991.
    (5) Rule 67.1, adopted on May 21, 1991.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rules 467.1 and 467.2, adopted on April 11, 1991.
    (2) Rule 460.2, adopted on April 11, 1991.
    (3) New Rule 460.1, adopted on April 11, 1991.
    (4) New Rules 463.4, 464.1, and 464.2, adopted on April 11, 1991.
    (5) New Rule 461.2, adopted on April 11, 1991.
    (6) Amended Rules 465.3 and 466.1, adopted April 11, 1991.
    (D) Placer County Air Pollution Control District.
    (1) Amended Rule 215, adopted on September 25, 1990.
    (186) New and amended regulations for the following APCDs were 
submitted on October 25, 1991, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Amended Rules 447 adopted April 30, 1991.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 468.1, adopted on May 16, 1991.
    (C) South Coast Air Quality Management District.
    (1) Rule 1104, adopted March 1, 1991.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 62.6, adopted on July 16, 1991.
    (2) Rule 103, adopted on June 4, 1991.
    (187) New and amended regulations for the following APCDs were 
submitted on January 28, 1992, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 463.1, adopted on September 19, 1991.
    (2) Rule 460.2 adopted on September 19, 1991.
    (3) New Rule 463.2, adopted on September 19, 1991.
    (4) New Rule 460.4, adopted on September 19, 1991.
    (5) Rule 461.1 and Rule 465.2, adopted on September 19, 1991.
    (B) Ventura County Air Pollution Control District.
    (1) New Rule 74.17, adopted on September 17, 1991.
    (C) South Coast Air Quality Management District.
    (1) Rule 1142, adopted on June 19, 1991.
    (188) New and amended regulations for the following APCDs were 
submitted on June 19, 1992, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Rule 339, adopted on November 5, 1991.
    (2) Rule 331, adopted on December 10, 1991.
    (3) Rule 342, adopted on March 10, 1992.
    (4) Rule 329, adopted on February 25, 1992.
    (B) San Bernardino County Air Pollution Control District.
    (1) Rule 1116, adopted on March 2, 1992.
    (C) South Coast Air Quality Management District.
    (1) Rule 1171, adopted on August 2, 1991.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.18, adopted on January 28, 1992.
    (2) Rule 74.6, adopted on December 10, 1991.
    (3) Rule 74.3, adopted on December 10, 1991.
    (E) [Reserved]
    (F) Sacramento Metropolitan Air Quality Management District.
    (1) Rules 448 and 449 adopted on December 17, 1991.
    (189) New and amended regulations for the following APCDs were 
submitted on September 14, 1992, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1115, adopted on March 6, 1992.
    (2) Rule 1126, adopted on March 6, 1992.

[[Page 139]]

    (3) Rule 1128, adopted on February 7, 1992, and Rule 1141, adopted 
on April 3, 1992.
    (4) Rules 1125 and 1136, adopted on August 2, 1991.
    (5) New Rule 1179, adopted March 6, 1992.
    (6) Rule 109 adopted on March 6, 1992, and Rule 1106.1 adopted on 
May 1, 1992.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 71.1 and Rule 71.3, adopted on June 16, 1992.
    (2) Rule 74.10, adopted on June 16, 1992.
    (C) Bay Area Air Quality Management District.
    (1) Rule 8-49, adopted on August 21, 1992.
    (190) New and amended regulations for the following APCDs were 
submitted on November 12, 1992, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Revised Rule 74.19, adopted August 11, 1992.
    (B) Bay Area Air Quality Management District.
    (1) Rule 8-18, adopted on March 4, 1992.
    (191) New and amended regulations for the following APCDs were 
submitted on January 11, 1993, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1145, adopted on January 10, 1992.
    (B) Santa Barbara County Air Pollution Control District.
    (1) Rule 346, adopted on October 13, 1992.
    (C) San Bernardino County Air Pollution Control District.
    (1) Rule 463, adopted on November 2, 1992.
    (192) New and amended regulations for the following APCDs were 
submitted on April 6, 1993, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Air Quality Management District.
    (1) Rule 456, adopted on February 23, 1993.
    (2) Rule 454, adopted on February 23, 1993.
    (3) Revised Rule 450, adopted February 23, 1993.
    (193) New and amended regulations for the following APCDs were 
submitted on May 13, 1993, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1106, adopted on August 2, 1991; Rule 1107, adopted on 
August 2, 1991; and Rule 1151, adopted on September 6, 1991.
    (2) Rule 1130 adopted on March 6, 1992.
    (B) San Luis Obispo County Air Pollution Control District.
    (1) Rule 417, adopted February 9, 1993.
    (C) Butte County Air Pollution Control District.
    (1) Rule 241, adopted on January 12, 1993.
    (194) New and amended regulations for the following APCDs were 
submitted on November 18, 1993, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Rule 70, adopted on May 4, 1993; Rule 71, adopted on June 8, 
1993; and Rule 71.4, adopted on June 8, 1993.
    (2) Rule 59, adopted on September 15, 1992.
    (3) Rule 74.15.1, adopted on May 11, 1993.
    (4) Rule 74.21, adopted on April 6, 1993.
    (B) Kern County Air Pollution Control District.
    (1) Rule 410.4, adopted on July 12, 1993.
    (2) Rule 425, adopted on August 16, 1993.
    (3) Previously submitted to EPA on June 28, 1982 and approved in the 
Federal Register on May 3, 1984 and now removed without replacement, 
Rule 425.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4603, adopted on May 20, 1993.
    (2) Rule 4621, adopted on May 20, 1993.
    (D) Santa Barbara County Air Pollution Control District.
    (1) Rule 349, adopted on April 27, 1993.
    (E) San Diego County Air Pollution Control District.

[[Page 140]]

    (1) Rule 67.12, adopted on April 6, 1993.
    (F) Monterey Bay Unified Air Pollution Control District
    (1) Rule 417, Rule 418, and Rule 427, adopted on August 25, 1993.
    (2) Rule 425, adopted on August 25, 1993.
    (3) Rule 420 and Rule 426, adopted on August 25, 1993.
    (4) Previously submitted to EPA on February 6, 1975 and approved in 
the Federal Register on July 13, 1987 and now removed without 
replacement, Rule 428.
    (G) South Coast Air Quality Management District.
    (1) Rule 1130.1, adopted July 9, 1993.
    (195) New and amended regulations for the following APCDs were 
submitted on February 11, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Diego Air Pollution Control District.
    (1) Rule 67.17, adopted on September 21, 1993.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 74.22, adopted on November 9, 1993.
    (196) New and amended regulations for the following APCDs were 
submitted on March 29, 1994 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Sacramento Metropolitan AQMD rules 442, 443, 446, 447, and 452 
adopted on November 16, 1993.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 74.9, adopted on December 21, 1993.
    (C) Santa Barbara County Air Pollution Control District.
    (1) Rule 316, adopted on December 14, 1993.
    (2) Rules 325 & 326, adopted on January 25, 1994 and December 14, 
1993, respectively.
    (197) New and amended regulations for the following APCDs were 
submitted on May 24, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 1162, 1173, 1175 and 1176, adopted on May 13, 1994.
    (B) Bay Area Air Quality Management District.
    (1) Rule 8-6, adopted on February 2, 1994.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4622, adopted on February 17, 1994.
    (198) New and amended regulations for the following APCDs were 
submitted on July 13, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Revised Rule 8-8, adopted on June 15, 1994.
    (B) Placer County Air Pollution Control District
    (1) Rule 230, adopted on June 28, 1994.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4407, adopted on May 19, 1994.
    (2) Rule 4682 adopted on June 16, 1994 and Rule 4684 adopted on May 
19, 1994.
    (3) Rule 4607, adopted on May 19, 1994.
    (D) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 458, adopted on June 7, 1994.
    (E) Mojave Desert Air Quality Management District.
    (1) Rules 461 and 462, adopted on May 25, 1994.
    (2) Rule 1117 adopted June 22, 1994.
    (F) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 430, adopted on May 25,1994.
    (2) Rule 416, adopted April 20, 1994.
    (G)  [Reserved]
    (H) South Coast Air Quality Management District.
    (1) Rule 1146 and Rule 1146.1, adopted May 13, 1994.
    (I) San Diego County Air Pollution Control District.
    (1) Rule 67.10, adopted on June 15, 1994.
    (J) Ventura County Air Pollution Control District.
    (1) Rule 74.28, adopted on May 10, 1994.
    (2) Rule 74.30 adopted May 17, 1994.
    (K) Santa Barbara County Air Pollution Control District.
    (1) Rule 354, adopted June 28, 1994.
    (2) Rule 359, adopted on June 28, 1994.

[[Page 141]]

    (199) New and amended regulations for the following APCDs were 
submitted on September 28, 1994 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Regulation 8, Rules 11 and 16 adopted on June 15, 1994, and 
Regulation 8, Rule 28 adopted on June 1, 1994.
    (2) Regulation 8, Rules 14 and 43 adopted on June 1, 1994, and 
regulation 8, Rules 13, 23, 47 adopted on June 15, 1994.
    (3) Rules 8-25 and 8-42, adopted on June 1, 1994 and Rule 8-50, 
adopted on June 15, 1994.
    (4) Rule 8-22, adopted on June 1, 1994.
    (5) Rules 8-29, 8-33, and 8-39, adopted on June 1, 1994, and Rules 
8-19 and 8-38, adopted on June 15, 1994.
    (6) Rules 8-4, 8-7, 8-15, 8-31, and 8-41 adopted on June 1, 1994. 
Rules 8-1, 8-2, 8-12, 8-20, 8-24, 8-30, 8-34, 8-35, and 8-40 adopted on 
June 15, 1994. Rule 8-32 adopted on July 6, 1994.
    (B) San Luis Obispo County Air Pollution Control District.
    (1) Rule 419, adopted July 12, 1994.
    (C) Monterey Bay Unified Air Pollution Control District.
    (1) Rules 433 and 434, adopted June 15, 1994.
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4352, adopted on September 14, 1994.
    (2) Rule 4354, adopted on September 14, 1994.
    (200) Program elements were submitted on November 13, 1992 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program, adopted on October 15, 1992.
    (201)  [Reserved]
    (202) New and amended regulations for the following APCDs were 
submitted on October 19, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Rule 2-1, adopted on June 15, 1994.
    (B) [Reserved]
    (C) San Diego County Air Pollution Control District. (1) Rule 67.4, 
adopted on September 27, 1994.
    (2) Rule 67.16, adopted on September 20, 1994.
    (3) Rule 69.2, adopted on September 27, 1994.
    (4) Rule 68, adopted on September 20, 1994.
    (D) Mojave Desert Air Quality Management District.
    (1) Rule 464, adopted August 24, 1994.
    (E) Placer County Air Pollution Control District.
    (1) Rule 250, adopted on October 17, 1994.
    (2) Rule 233, adopted on October 6, 1994.
    (203)  [Reserved]
    (204) New and amended plans and regulations for the following 
agencies were submitted on November 15, 1994, by the Governor's 
designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board.
    (1) Title 17, California Code of Regulations, Subchapter 8.5, 
Consumer Products, Article 1, Antiperspirants and Deodorants, Sections 
94500-94506.5 and Article 2, Consumer Products, Sections 94507-94517, 
adopted on December 27, 1990, August 14, 1991, and September 21, 1992.
    (2) Title 13, California Code of Regulations, Diesel Fuel 
Regulations, Sections 2281-2282, adopted on August 22, 1989, June 21, 
1990, April 15, 1991, October 15, 1993, and August 24, 1994.
    (3) Title 13, California Code of Regulations, Reformulated Gasoline 
Regulations, Sections 2250, 2252, 2253.4, 2254, 2257, 2260, 2261, 
2262.1, 2262.2, 2262.3, 2262.4, 2262.5, 2262.6, 2262.7, 2263, 2264, 
2266-2272, and 2296, 2297, adopted on April 1, 1991, May 23, 1991, and 
September 18, 1992.
    (4) Long Term Measures, Improved Control Technology for Light-Duty 
Vehicles (Measure M2), Off-Road Industrial Equipment (Diesel), Consumer 
Products Long-Term Program (Measure CP4), and Additional Measures 
(Possible Market-Incentive Measures and Possible Operational Measures 
Applicable to Heavy-Duty Vehicles), as contained in ``The California 
State Implementation Plan for Ozone, Volume II: The Air Resources 
Board's Mobile

[[Page 142]]

Source and Consumer Products Elements,'' adopted on November 15, 1994.
    (5) Mid-Term Measures, Accelerated Ultra-Low Emission Vehicle (ULEV) 
requirement for Medium-Duty Vehicles (Measure M3), Heavy-Duty Vehicles 
NOX regulations (Measure M5), Heavy-Duty Gasoline Vehicles lower 
emission standards (Measure M8), Industrial Equipment, Gas & LPG--3-way 
catalyst technology (Measure M11), Mid-Term Consumer Products (Measure 
CP-2), as contained in The California State Implementation Plan for 
Ozone, Volume II: The Air Resources Board's Mobile Source and Consumer 
Products Elements, adopted on Nov. 15, 1994.
    (B) South Coast Air Quality Management District.
    (1) Long Term Measures, Advance Technology for Coating Technologies 
(Measure ADV-CTS-01), Advance Technology for Fugitives (Measure ADV-
FUG), Advance Technologies for Process Related Emissions (Measure ADV-
PRC), Advance Technologies for Unspecified Stationary Sources (Measure 
ADV-UNSP), and Advance Technology for Coating Technologies (Measure ADV-
CTS-02), as contained in the ``1994 Air Quality Management Plan,'' 
adopted on September 9, 1994.
    (205)(i)(A)  [Reserved]
    (B) Bay Area Air Quality Management District.
    (1) Amendments to the San Francisco Bay Area Redesignation 
Requestand Maintenance Plan for the National Ozone Standard and 1990 
Emissions Inventory adopted on September 7, 1994 by the Bay Area Air 
Quality Management District, October 5, 1994 by the Metropolitan 
Transportation Commission, and August 24, 1994 by the Association of Bay 
Area Governments.
    (206) Amended rule for the following APCD was submitted on November 
23, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Diego County Air Pollution Control District.
    (1) Rule 67.3, adopted on November 1, 1994.
    (207) New and amended regulations for the following APCDs were 
submitted on November 30, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Placer County Air Pollution Control District.
    (1) Rule 223, adopted on October 6, 1994.
    (B) El Dorado County Air Pollution Control District.
    (1) Rule 224, adopted on September 27, 1994.
    (2) Rule 231, adopted September 27, 1994.
    (3)  [Reserved]
    (4) Rules 225 and 230 adopted September 27, 1994.
    (C) Yolo-Solano Air Quality Management District.
    (1) Rule 2.21, adopted on March 23, 1994.
    (2) Rule 2.28, adopted on May 25, 1994.
    (3) Rules 2.25 and 2.33, adopted April 27, 1994 and September 14, 
1994, respectively.
    (4) Rule 2.13 adopted May 25, 1994.
    (D) Mojave Desert Air Quality Management District.
    (1) Rule 1102, adopted October 26, 1994.
    (2) Rule 1104 adopted September 28, 1994.
    (208) New and amended regulations for the following APCDs were 
submitted on December 19, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Placer County Air Pollution Control District.
    (1) Rule 410, adopted on November 3, 1994.
    (2) Rule 212, adopted on November 3, 1994.
    (209)  [Reserved]
    (210) New and amended regulations for the following APCDs were 
submitted on December 22, 1994 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Rule 8-45, adopted on November 2, 1994.
    (B) San Diego County Air Pollution Control District.
    (1) Rule 67.18, adopted on December 13, 1994.
    (C) Mojave Desert Air Quality Management District.
    (1) Rule 1103, adopted on December 21, 1994.
    (2) Rule 471, adopted on December 21, 1994.

[[Page 143]]

    (D) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 1002, adopted on November 23, 1994.
    (211) Revised Clean Air Plans for ozone for the following APCDs 
submitted on November 14, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara Air Pollution Control District
    (1) TCM-5, Improve Commuter Public Transit Service, adopted on 
November 2, 1994
    (212) Ozone redesignation request for the Bay Area Air Quality 
Management District submitted on November 5, 1993, by the Governor's 
designee.
    (i) Incorporation by reference.
    (A) Redesignation request for the San Francisco Bay Area and the 
Ozone Maintenance Plan for the National Ozone Standard adopted on 
September 1, 1993 by the Bay Area Air Quality Management District, 
September 22, 1993 by the Metropolitan Transportation Commission, and 
September 16, 1993 by the Association of Bay Area Governments.
    (213)  [Reserved]
    (214) New and amended regulations for the following APCDs were 
submitted on January 24, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1151, adopted on December 9, 1994.
    (B) San Diego County Air Pollution Control District.
    (1) Rule 61.1 adopted on January 10, 1995.
    (C) Santa Barbara County Air Pollution Control District.
    (1) Rule 337, adopted October 20, 1994.
    (2) Rule 344, adopted on November 10, 1994.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.15, adopted on November 8, 1994.
    (2) Rule 74.26 and Rule 74.27, adopted on November 8, 1994.
    (E) Placer County Air Pollution Control District.
    (1) Rule 215, adopted on November 3, 1994.
    (215) New and amended regulations for the following APCDs were 
submitted on February 24, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 1125 and 1126, adopted on January 13, 1995.
    (2) Rule 1153 adopted on January 13, 1995.
    (3) Rule 1106, adopted on January 13, 1995.
    (4) Rule 1164, adopted on January 13, 1995.
    (5) Rule 1124, adopted January 13, 1995.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 74.12 adopted on January 10, 1995.
    (2) Rule 71 and Rule 71.5, adopted on December 13, 1994.
    (3) Rule 74.18 adopted December 13, 1994.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4403, adopted on February 16, 1995.
    (D)  [Reserved]
    (1) Rule 2.26 adopted November 9, 1994.
    (216) New and amended regulations for the following APCDs were 
submitted on March 31, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Mojave Desert Air Quality Management District.
    (1) Rule 1116, adopted on February 22, 1995.
    (2) Rule 221, adopted December 21, 1994.
    (3) Rule 1159, adopted on February 22, 1995.
    (4) Rule 1114 adopted February 22, 1995.
    (B) Bay Area Air Quality Management District.
    (1) Amended Regulation 2, Rule 1, Section 129 adopted on February 1, 
1995; Amended Regulation 2, Rule 6, Sections 232, 234, 310, 311, 403, 
404, 420, 421, 422, 423 adopted on February 1, 1995.
    (217) New and amended regulations for the following APCDs were 
submitted on February 28, 1994, by the Governor's designee.
    (i) Incorporation by reference.

[[Page 144]]

    (A) Bay Area Air Quality Management District.
    (1) Amended Regulation 2, Rule 1, Sections 102, 129, 204, 213, 214, 
215, 216, 217, 218, 219, 302, 408, 411 adopted November 3, 1993; and New 
Regulation 2, Rule 6, Sections 206, 207, 210, 212, 213, 214, 218, 222, 
230, 231, 301, 311, 401, 402, 403, 404, 420, 421, 422, 602 adopted 
November 3, 1993.
    (B) Lake County Air Pollution Control District.
    (1) New Regulation 12, section 12.200 (a4), (c2), (d1), (d2), (d3), 
(e3), (f1), (f2), (m1), (o1), (p1), (p2), (s3), and sections 12.800-
12.850, adopted October 19, 1993.
    (218) New and amended regulations for the Bay Area Air Quality 
Management District were submitted on April 29, 1994 by the Governor's 
designee.
    (i) Incorporation by reference.
    (A) New Regulation 2, Rule 6, Sections 310 and 423 adopted November 
3, 1993.
    (219) New and amended regulations for the following APCDs were 
submitted on April 13, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Rule 339, adopted December 15, 1994.
    (220) New and amended regulations for the following APCDs were 
submitted on May 24, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Rule 323, adopted March 16, 1995.
    (B)  [Reserved]
    (1)  [Reserved]
    (2) Rule 236 adopted on February 9, 1995.
    (221) New and amended regulations for the following APCDs were 
submitted on May 25, 1995 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Kern County Air Pollution Control District.
    (1) Rule 411 and Rule 413, adopted on April 6, 1995.
    (222) New and amended regulations for the following APCDs were 
submitted on June 16, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 1107, 1115, and 1171 adopted on May 12, 1995.
    (B) El Dorado County Air Pollution Control District.
    (1) Rule 234, adopted on April 25, 1995.
    (C) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 411, adopted on February 2, 1995.
    (2) Rule 413, adopted on April 6, 1995.
    (3) Rule 412, adopted on June 1, 1995.
    (D) San Diego County Air Pollution Control District.
    (1) Rule 67.24, adopted on March 7, 1995.
    (223) Revised ozone transportation control measure (TCM) for the San 
Joaquin Valley submitted on March 2, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Railroad Grade Separations TCM, adopted on September 14, 1994.
    (224) New and amended regulations for the following APCDs were 
submitted on August 10, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 448 and rule 449, adopted on February 2, 1995.
    (225) New and amended regulations for the following APCDs were 
submitted on October 13, 1995 by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 1130 and 1136 adopted September 8, 1995.
    (B) Placer County Air Pollution Control District.
    (1) Rule 238, adopted June 8, 1995.
    (2) Rule 212, adopted on June 8, 1995.
    (3) Rule 239, adopted June 8, 1995.
    (4)  [Reserved]
    (5) Rule 216 adopted on June 8, 1995.
    (C)  [Reserved]
    (1)  [Reserved]
    (2) Rule 235 adopted on June 27, 1995.
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4602, adopted June 15, 1995.
    (226) Air Quality Management Plan for the following APCD was 
submitted on September 11, 1991, by the Governor's designee.

[[Page 145]]

    (i) Incorporation by reference.
    (A) Great Basin Unified Air Pollution Control District.
    (1) Air Quality Management Plan for the Mammoth Lakes PM-10 Planning 
Area adopted December 12, 1990.
    (227) New regulation for the following APCD was submitted on October 
18, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 2530, adopted on June 15, 1995.
    (228) Air Quality Management Plans for the following APCD were 
submitted on January 9, 1992, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Great Basin Unified Air Pollution Control District.
    (1) Revisions to the Air Quality Management Plan for Mammoth Lakes 
PM-10 Planning Area adopted November 6, 1991.
    (i) Rule 431 adopted November 6, 1991.
    (ii) Town of Mammoth Lakes Municipal Code Chapter 8.30 dated October 
2, 1991.

[37 FR 10850, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.220, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Note: 1. At 61 FR 20139, May 6, 1996, Sec. 52.220 was 
amended by adding paragraphs (c)(196)(i)(C)(2), (215)(i)(A)(5), and 
(225)(i)(D), effective July 5, 1996.

    2. At 61 FR 20147, May 6, 1996, Sec. 52.220 was amended by adding 
paragraphs (c)(214)(i)(D)(2) and (E) and (c)(225)(i)(B)(2), effective 
July 5, 1996.

    3. At 61 FR 20454, May 7, 1996, Sec. 52.220 was amended by adding 
paragraph (c)(198)(i)(K)(2), effective July 8, 1996.

    4. At 61 FR 29662, June 12, 1996, Sec. 52.220 was amended by adding 
paragraphs (c)(185)(i)(A)(9), (194)(i)(G), (198)(i)(K), (207)(i)(B)(2), 
and (225)(i)(B)(3), effective Aug. 12, 1996.

    5. At 61 FR 32345, June 24, 1996, Sec. 52.220 was amended by adding 
paragraphs (c) (226) and (228), effective Aug. 23, 1996.



Sec. 52.221   Classification of regions.

    The California 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)
----------------------------------------------------------------------------------------------------------------
North Coast Intrastate...............................          II        III       III       III           III  
San Francisco Bay Area Intrastate....................          II         II       III         I             I  
North Central Coast Intrastate.......................          II        III       III       III             I  
South Central Coast Intrastate.......................         III        III       III       III           III  
Metropolitan Los Angeles Intrastate..................           I         II         I         I             I  
Northeast Plateau Intrastate.........................         III        III       III       III           III  
Sacramento Valley Intrastate.........................          II        III       III         I             I  
San Joaquin Valley Intrastate........................           I        III       III         I             I  
Great Basin Valley Intrastate........................         III        III       III       III           III  
Southeast Desert Intrastate..........................           I        III       III       III             I  
San Diego Intrastate.................................          II        III       III         I             I  
Lake County Intrastate...............................          II        III       III       III           III  
Lake Tahoe Intrastate................................          II        III       III         I             I  
Mountain Counties Intrastate.........................          II        III       III         I             I  
----------------------------------------------------------------------------------------------------------------

[37 FR 10850, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 46 
FR 3884, Jan. 16, 1981]



Sec. 52.222  Negative declarations.

    (a) The following air pollution control districts submitted negative 
declarations for volatile organic compound source categories to satisfy 
the requirements of section 182 of the Clean Air Act, as amended. The 
following negative declarations are approved as additional information 
to the State Implementation Plan.
    (1) Mojave Desert Air Quality Management District.
    (i) Natural Gas and Gasoline Processing Equipment and Chemical 
Processing and Manufacturing were submitted

[[Page 146]]

on July 13, 1994 and adopted on May 25, 1994.
    (ii) Asphalt Air Blowing was submitted on December 20, 1994 and 
adopted on October 26, 1994.
    (iii) Vacuum Producing Devices or Systems was submitted on December 
29, 1994 and adopted on December 21, 1994.

[60 FR 47076, Sept. 11, 1995]



Sec. 52.223  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves California's plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act.
    (b) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in 1977, for the nonattainment areas listed in this 
paragraph. In addition, continued satisfaction of the requirements of 
Part D for the ozone portion of the State Implementation Plan (SIP) 
depends on the adoption and submittal of reasonably available control 
technology (RACT) requirements by July 1, 1980, for sources covered by 
Control Technique Guidelines (CTGs) issued between January 1978 and 
January 1979 and adoption and submittal by each subsequent January of 
additional RACT requirements for sources covered by CTGs issued by the 
previous January.
    (1) Imperial County for O3.
    (2) North Central Coast Air Basin for O3.
    (3) South Coast Air Basin for O3, CO, NO2, and PM.
    (4) San Diego Air Basin for O3, CO, and TSP.
    (5) San Joaquin Valley Air Basin.
    (i) Kern County nonattainment area for ozone, CO, SO2, and PM.
    (ii) Kings County for O3 and TSP.
    (iii) Madera County for O3 and TSP.
    (iv) Merced County for O3 and TSP.
    (v) San Joaquin County for CO, O3 and TSP.
    (vi) Stanislaus County for CO, O3 and TSP.
    (vii) Tulare County for O3 and TSP.
    (viii) Fresno County for O3, CO, and TSP.
    (6) South Central Coast Air Basin.
    (i) Santa Barbara County nonattainment area for O3, CO and TSP.
    (ii) Ventura County for O3, CO and TSP.
    (7) Sacramento Valley Air Basin.
    (i) Butte County for O3!and CO.
    (ii) Sutter County for O3.
    (iii) Yuba County for O3.
    (iv) Sacramento AQMA for O3.
    (v) Sacramento County Metropolitan Area for CO.
    (8) Southeast Desert Air Basin.
    (i) Los Angeles County for Ozone.
    (ii) San Bernardino County for Ozone.
    (iii) Riverside County for Ozone.
    (9) San Francisco Bay Area Air Basin for O3, CO and TSP.
    (10) Mountain Counties Air Basin.
    (i) El Dorado County (Mountain Counties Air Basin portion) for 
O3.
    (ii) Placer County (Mid-County portion) for O3.
    (c) [Reserved]
    (d) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in 1977, for the nonattainment areas listed in this 
paragraph.
    (1) Lake Tahoe Basin for CO.
    (2) EPA approves the CO plan for the Lake Tahoe Basin as meeting the 
requirements of Part D. This approval includes the resolution of the 
Lake Tahoe Regional Planning Agency banning new source construction 
pending the adoption of a new regional plan and ordinances. However, EPA 
disapproves the plan for any future time during which the Tahoe Regional 
Planning Agency may remove its construction ban prior to EPA approval of 
the new regional plan and ordinances.

[45 FR 74484, Nov. 11, 1980]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.223, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.224  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
except in certain Air Pollution Control Districts (APCD) as indicated in 
this paragraph since the plan does not provide procedures by which 
emission data, as correlated with applicable emission limitations, will 
be made available to the public.

[[Page 147]]

    (1) The following APCD's meet the requirements of Sec. 51.116(c) of 
this chapter:
    (i) Siskiyou County APCD.
    (ii) San Diego County APCD.
    (iii) Great Basin Unified APCD.
    (iv) Del Norte County APCD.
    (v) Humboldt County APCD.
    (vi) Mendocino County APCD.
    (vii) Northern Sonoma County APCD.
    (viii) Trinity County APCD.
    (ix) Amador County APCD.
    (2) The following APCD's do not provide for the correlation of 
emission data with applicable emission limitations as required by 
Sec. 51.116(c) of this chapter. In these APCD's, only the requirements 
of Sec. 52.224(b)(4) are in effect:
    (i) Merced County APCD.
    (ii) Stanislaus County APCD.
    (iii) Fresno County APCD.
    (iv) Calaveras County APCD.
    (v) Tuolumne County APCD.
    (vi) San Joaquin County APCD.
    (vii) Mariposa County APCD.
    (viii) Tulare County APCD.
    (ix) Kern County APCD.
    (x) Madera County APCD.
    (xi) Yolo-Solano APCD.
    (xii) Sutter County APCD.
    (xiii) Glenn County APCD.
    (xiv) Tehama County APCD.
    (xv) Sierra County APCD.
    (xvi) Shasta County APCD.
    (xvii) Sacramento County APCD.
    (xviii)-(xix) [Reserved]
    (xx) Lake County APCD.
    (xxi) Imperial County APCD.
    (xxii) [Reserved]
    (xxiii) Ventura County APCD.
    (xxiv) Monterey Bay Unified APCD.
    (xxv) [Reserved]
    (xxvi) San Luis Obispo County APCD.
    (xxvii) Kings County APCD.
    (xxviii) Plumas County APCD.
    (xxix) Nevada County APCD.
    (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, except for those APCD's specified in paragraph (a) of 
this section, 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.
    (c) The deletion of the following rules or portions of rules is 
disapproved, since these regulations are necessary to fulfill the 
requirements of 40 CFR 51.116(c).
    (1) Northcoast intrastate region:
    (i) Lake County APCD.

[[Page 148]]

    (A) Section 49a, Public Records, and Section 49b, Record, of Part 
III, Definitions; and Part II, Authorization and Disclosure, submitted 
on October 23, 1974 and previously approved under 40 CFR 52.223, are 
retained.

[40 FR 55328, Nov. 28, 1975]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.224, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.225   Legal authority.

    (a) The requirements of Sec. 51.230(c) of this chapter are not met 
since the State Emergency Services Act does not apply to air pollution 
emergencies in a manner comparable to section 303 of the Clean Air Act, 
as amended.
    (b) The requirements of Sec. 51.230(f) of this chapter are not met 
since authority to make emission data available to the public 
inadequate. Such release is precluded under certain circumstances.

[37 FR 10852, May 31, 1972, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.226  Control strategy and regulations: Particulate matter, San Joaquin Valley and Mountain Counties Intrastate Regions.

    (a) [Reserved]
    (b) The following regulatory changes represent a relaxation of 
previously submitted regulations and an adequate control strategy has 
not been submitted showing that the relaxation will not interfere with 
attainment and maintenance of the National Ambient Air Quality Standards 
for particulate matter:
    (1) Kings County APCD.
    (i) Rule 405, Process Weight, submitted on July 25, 1973 is 
disapproved; and Rule 405, submitted on June 30, 1972, and previously 
approved in 40 CFR 52.223 is retained.
    (ii) Rule 407.1, Disposal of Solid and Liquid Wastes, submitted on 
November 4, 1977, is disapproved; and Rule 407.1, Disposal of Solid and 
Liquid Wastes, submitted on June 30, 1972, and previously approved under 
40 CFR 52.223 is retained.
    (2) Calaveras County APCD.
    (i) The revocation of Rule 407(b), Combustion Contaminants, is 
disapproved; and Rule 407(b), submitted on June 30, 1972, and previously 
approved in 40 CFR 52.223 is retained.
    (ii) The revocation of Rule 408, Fuel Burning Equipment, is 
disapproved; and Rule 408, submitted on June 30, 1972, and previously 
approved in 40 CFR 52.223 is retained.
    (iii) The addition of Rule 209, Fossil Fuel-Steam Generator 
Facility, is disapproved; and Rule 408, submitted on June 30, 1972 and 
previously approved in 40 CFR 52.223 is retained.
    (3) Tuolumne County APCD.
    (i) Rule 207, Particulate Matter, submitted on July 22, 1975, is 
disapproved; and Rules 404 and 407(b), submitted on June 30, 1972 and 
previously approved in 40 CFR 52.223 are retained.
    (ii) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on 
July 22, 1975, is disapproved; and Rule 408, submitted on June 30, 1972, 
and previously approved in 40 CFR 52.223 is retained.
    (iii) Rule 207, Particulate Matter, submitted on February 10, 1977, 
is disapproved and the previously approved Rules 404 and 407(b), 
submitted on June 30, 1972, remain in effect.
    (iv) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on 
February 10, 1977, is disapproved and the previously approved Rule 408, 
submitted on June 30, 1972, remains in effect.
    (4) Fresno County APCD.
    (i) Rule 407, Disposal of Solid or Liquid Wastes, submitted on 
February 10, 1976, is disapproved; and Rule 407.1, submitted on June 30, 
1972, and previously approved in 40 CFR 52.223 is retained.
    (ii) Rule 407, Disposal of Solid or Liquid Wastes, submitted on 
November 10, 1976, is disapproved; and Rule 407.1, submitted on June 30, 
1972 and previously approved in 40 CFR 52.223 is retained.
    (5) San Joaquin County APCD.
    (i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on 
February 10, 1976, is disapproved; and Rule 407.1, submitted on June 30, 
1972 and previously approved in 40 CFR 52.223 is retained.
    (6) Mariposa County APCD.
    (i) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on 
January 10, 1975, is disapproved; and Rule 6.4, submitted on June 30, 
1972 and previously approved in 40 CFR 52.223 is retained.
    (7) Kern County APCD.

[[Page 149]]

    (i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on 
July 22, 1975, is disapproved; and Rule 407.1, submitted on June 30, 
1972 and previously approved in 40 CFR 52.223 is retained.
    (8) Madera County APCD.
    (i) Rule 405, Process Weight, submitted on January 10, 1975 is 
disapproved; and Rule 405, submitted on June 30, 1972 and previously 
approved in 40 CFR 52.223 is retained.
    (9) Tulare County APCD.
    (i) Paragraph b. of Rule 407.1.
    (10) Merced County APCD.
    (i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on 
August 2, 1976 is disapproved; and Rule 407.1 submitted on June 30, 1972 
and previously approved in 40 CFR 52.223 is retained.

[37 FR 10850, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.226, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.227   Control strategy and regulations: Particulate matter, Metropolitan Los Angeles Intrastate Region.

    (a) The requirements of Subpart G of this chapter are not met since 
the plan does not provide for attainment and maintenance of the 
secondary standards for particulate matter in the Metropolitan Los 
Angeles Intrastate Region.
    (b) The following regulations are disapproved since they are not 
part of the approved control strategy and do not provide for the degree 
of control needed for the attainment and maintenance of the primary 
standards for particulate matter in the Metropolitan Los Angeles 
Intrastate Region.
    (1) Los Angeles County Air Pollution Control District:
    (i) Regulation IV, Rule 68.1.
    (2) Riverside County Air Pollution Control District:
    (i) Regulation IV, Rule 54 for process sources with a process weight 
rate in excess of 62,000 lbs. per hour. Rule 54 is approved for process 
sources with a process weight of 62,000 lbs. per hour or less.
    (3) Southern California APCD:
    (i) Regulation IV, Rule 404 Particulate Matter--Concentration, 
submitted on August 2, 1976.
    (ii) Regulation IV, Rule 473 Disposal of Solid and Liquid Wastes, 
submitted on August 2, 1976.
    (4) South Coast AQMD.
    (i) Rule 401(b) submitted on August 15, 1980.
    (c) The rescission by the Southern California APCD of the following 
rules, which were previously approved in the May 31, 1972 (37 FR 10850) 
and September 22, 1972 (37 FR 19813) Federal Register issues, is 
disapproved since adequate replacementrules have not been submitted and 
no analysis has been presented to show that this rescission will not 
interfere with the attainment and maintenance of the NAAQS for 
particulate matter as required by section 110 of the Clean Air Act. In 
addition, the following rules, as submitted in June 1972 and approved 
for the SIP, remain federally enforceable:
    (1) Los Angeles County APCD.
    (i) Regulation IV, Rule 52 Particulate Matter--Concentration.
    (ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.
    (2) San Bernardino County APCD.
    (i) Regulation IV, Rule 52A Particulate Matter--Concentration.
    (ii) Regulation IV, Rule 58A Disposal of Solid and Liquid Wastes.
    (3) Riverside County APCD.
    (i) Regulation IV, Rule 52 Particulate Matter--Concentration.
    (ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.
    (4) Orange County APCD.
    (i) Regulation IV, Rule 52 Particulate Matter--Concentration.
    (ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.

[37 FR 10850, May 31, 1972, as amended at 37 FR 19813, Sept. 22, 1972; 
43 FR 25687, June 14, 1978; 49 FR 18824, May 3, 1984; 51 FR 40676, Nov. 
7, 1986]



Sec. 52.228   Regulations: Particulate matter, Southeast Desert Intrastate Region.

    (a) The following regulations are disapproved since they are not 
part of the approved control strategy and do not provide for the degree 
of control needed for the attainment and maintenance of the national 
standards for particulate matter in the Southeast Desert Intrastate 
Region.

[[Page 150]]

    (1) Imperial County Air Pollution Control District:
    (i) Rule 114A.
    (ii) Rule 116B.
    (2) Los Angeles County Air Pollution Control District:
    (i) Regulation IV, Rule 68.1.
    (3) Riverside County Air Pollution Control District:
    (i) Regulation IV, Rule 54 for process sources with a process weight 
rate in excess of 160,000 lbs. per hour. Rule 54 is approved for process 
sources with a process weight of 160,000 lbs. per hour or less.
    (b) The following regulatory changes represent a relaxation of 
previously submitted regulations, and an adequate control strategy has 
not been submitted showing that the relaxation will not interfere with 
the attainment and maintenance of the national ambient air quality 
standards for particulate matter:
    (1) Southeast Desert Intrastate Region:
    (i) Imperial County APCD.
    (A) Rule 406, Disposal of Solid and Liquid Wastes submitted on 
November 4, 1977 is disapproved; and Rule 116 C, Specific Contaminants 
submitted on June 30, 1972 and previously approved under 40 CFR 52.223 
is retained.
    (ii) Los Angeles County Air Pollution Control District.
    (A) Regulation IV, Rule 404 Particulate Matter-Concentration, and 
Rule 473, Disposal of Solid and Liquid Wastes, submitted on June 6, 1977 
are disapproved. Rules 52 and 58, titled as above, respectively, and 
submitted on June 30, 1972 and previouslyapproved under 40 CFR 52.223 
are retained.
    (iii) Riverside County Air Pollution Control District.
    (A) Regulation IV, Rules 404 Particulate Matter-Concentration, 405 
Particulate Matter-Weight, and Rule 473, Disposal of Solid and Liquid 
Wastes, submitted on June 6, 1977 are disapproved. Rules 52, Particulate 
Matter-Weight, 54, Dust and Fumes, and 58, Disposal of Solid and Liquid 
Wastes, submitted in 1972 and approved under 40 CFR 52.223, are 
retained.
    (iv) The repeal of San Bernardino County APCD Regulation VI, Orchard 
or Citrus Grove Heaters, submitted on June 6, 1977, is disapproved. This 
regulation (comprised of Rules 101 to 104, 109, 110, 120, and 130 to 
137), submitted on February 21, 1972 and approved under 40 CFR 52.223, 
is retained as part of the SIP.

[37 FR 10850, May 31, 1972, as amended at 37 FR 19813, Sept. 22, 1972; 
43 FR 35695, Aug. 11, 1978; 43 FR 40014, Sept. 8, 1978]



Sec. 52.229   Control strategy and regulations: Photochemical oxidants (hydrocarbons), Metropolitan Los Angeles Intrastate Region.

    (a) [Reserved]
    (b) The following rules are disapproved because they would result in 
a relaxation of control requirements contained in the presently approved 
State Implementation Plan, and no analysis has been presented to show 
that this relaxation will not interfere with the attainment and 
maintenance of NAAQS for photochemical oxidants (hydrocarbons) as 
required by section 110 of the Clean Air Act.
    (1) Southern California APCD.
    (i) Regulation IV, Rule 465 Vacuum Producing Devices or Systems, 
submitted on August 2, 1976.
    (2) South Coast Air Quality Management District.
    (i) Regulation IV, Rule 461 Gasoline Transfer and Dispensing, 
submitted on June 6, 1977. The version of this rule by the same number 
and title submitted on April 21, 1976 and approved under 40 CFR 52.223 
is retained.
    (ii) Rule 1115, Automotive Coatings, adopted on March 16, 1984 by 
the District and submitted by the state to EPA on July 10, 1984.
    (iii) Rule 1113, Architectural Coatings, adopted on August 2, 1985 
and submitted to EPA on November 12, 1985. The version of this rule by 
the same number and title submitted on July 10, 1984 and approved by EPA 
on January 24, 1985 is retained.
    (c) The rescission by the Southern California APCD of the following 
rules, which were previously approved in the September 22, 1972 (37 FR 
19813) Federal Register issue, is disapproved since adequate replacement 
rules have not been submitted anderfere with the attainment and 
maintenance of the NAAQS for photochemical oxidants (hydrocarbons) as 
required by section 110 of the Clean Air Act. In addition,

[[Page 151]]

the following rules, as submitted in June 1972 and approved for the SIP, 
remain federally enforceable:
    (1) Los Angeles County APCD, Regulation IV, Rule 69, Vacuum 
Producing Devices or Systems.
    (2) San Bernardino County APCD, Regulation IV, Rule 69, Vacuum 
Producing Devices or Systems.
    (3) Riverside County APCD, Regulation IV, Rule 74, Vacuum Producing 
Devices or Systems.
    (4) Orange County APCD, Regulation IV, Rule 69, Vacuum Producing 
Devices or Systems.

[37 FR 10850, May 31, 1972, as amended at 43 FR 25687, June 14, 1978; 43 
FR 40014, Sept. 8, 1978; 46 FR 5978, Jan. 21, 1981; 54 FR 5237, Feb. 2, 
1989; 54 FR 34515, Aug. 21, 1989]



Sec. 52.230  Control strategy and regulations: Nitrogen dioxide.

    (a) The requirements of Sec. 52.14(c)(3) of this chapter as of 
September 22, 1972 (47 FR 1983), are not met since the plan does not 
provide for the degree of nitrogen oxides emission reduction attainable 
through application of reasonably available control technology in the 
Metropolitan Los Angeles Intrastate Region. Therefore, Rule 68.b of the 
Orange County Air Pollution Control District is disapproved.
    (b) The following rules are disapproved since they are not part of 
the approved control strategy and do not provide for the degree of 
control necessary for the attainment and maintenance of NAAQS for 
nitrogen dioxide in the Metropolitan Los Angeles Intrastate AQCR:
    (1) Orange County APCD, Regulation IV, Rule 474, Fuel Burning 
Equipment--Oxides of Nitrogen, submitted on February 10, 1977.
    (c) The rescission by the Southern California APCD of the following 
rules is disapproved since adequate replacement rules have not been 
submitted and no analysis has been presented to show that this 
rescission will not interfere with the attainment and maintenance of the 
National Ambient Air Quality Standards as required by section 110 of the 
Clean Air Act. In addition, the following rules, as submitted in June 
1972 and approved for the SIP, remain federally enforceable:
    (1) Orange County APCD, Regulation IV, Rule 68, Fuel Burning 
Equipment--NOx.
    (2) Orange County APCD, Regulation IV, Rule 67.1, Fuel Burning 
Equipment.

[43 FR 25687, June 14, 1978, as amended at 46 FR 3884, Jan. 16, 1981; 51 
FR 40677, Nov. 7, 1986]



Sec. 52.231  Regulations: Sulfur oxides.

    (a) [Reserved]
    (b) The deletion of the following rules or portions of rules is 
disapproved, since an adequate control strategy demonstration has not 
been submitted indicating that the deletions of the control requirements 
contained in those rules would not interfere with the attainment or 
maintenance of the National Ambient Air Quality Standard for Sulfur 
Oxides.
    (1) Lake County Intrastate Region.
    (i) Lake County, APCD.
    (A) Section 3(F), Sulfur of Part V, Prohibitions and Standards, 
submitted on October 23, 1974 and previously approved under 40 CFR 
52.223, is retained as applicable to sources other than sulfur recovery 
units.

[43 FR 34464, 34466, Aug. 4, 1978, as amended at 46 FR 3884, Jan. 16, 
1981; 46 FR 42461, Aug. 21, 1981]



Sec. 52.232  Part D conditional approval.

    (a) The following portions of the California SIP contain 
deficiencies with respect to Part D of the Clean Air Act which must be 
corrected by meeting the indicated conditions of Part D plan approval.
    (1) Imperial County for ozone.
    (i) By May 7, 1981, the NSR rules must be revised and submitted as 
an SIP revision. The rules must satisfy section 173 and 40 CFR Subpart 
I, ``Review of new sources and modifications.''

In revising the Imperial County APCD's NSR rules, the State/APCD must 
address (A) any new requirements in EPA's amended regulations for NSR 
under section 173 of the Clean Air Act (August 7, 1980, 45 FR 52676) 
which the APCD rules do not now satisfy and (B) those deficiencies cited 
in EPA's Evaluation Report Addendum (contained in Document File NAP-CA-
06 at the EPA

[[Page 152]]

Library in Washington, DC and the Region IX office).
    (ii) By January 1, 1981, a cutback asphalt rule which reflects 
reasonably available control technology (RACT) must be submitted as an 
SIP revision.
    (2) North Central Coast Air Basin for ozone.
    (i) By May 7, 1981, the NSR rules must be revised and submitted as 
an SIP revision. The rules must satisfy section 173 and 40 CFR 51.18, 
``Review of new sources and modifications.'' In revising the Monterey 
Bay Unified APCD's NSR rules, the State/APCD must address (a) any new 
requirements in EPA's amended regulations for NSR under section 173 of 
the Clean Air Act (August 7, 1980, 45 FR 52676) which the APCD rules do 
not now satisfy and (b) those deficiencies with respect to the September 
5, 1979 notice cited in EPA's Evaluation Report Addendum (contained in 
Document File NAP-CA-14 at the EPA Library in Washington, DC and the 
Region IX office).
    (ii) By March 4, 1981, one of the following must be submitted as an 
SIP revision: (a) Adequate justification that the cutback asphalt rule 
represents RACT, (b) amendment of the cutback asphalt rule to conform 
with the controls recommended in the CTG document for cutback asphalt, 
or (c) adequate documentation that the cutback asphalt rule will result 
in emission reductions which are within 5 percent of the reductions 
achievable with the controls recommended in the cutback asphalt CTG 
document.
    (3) South Coast Air Basin.
    (i)(A) By May 7, 1981, the NSR rules must be revised and submitted 
as an SIP revision. The rules must satisfy section 173 of the Clean Air 
Act and 40 CFR 51.18, ``Review of new sources and modifications.'' In 
revising the South Coast AQMD's NSR rules, the State/AQMD must address 
(1) any new requirements in EPA's amended regulations for NSR (45 FR 
31307, May 13, 1980 and 45 FR 52676, August 7, 1980) which the AQMD 
rules do not currently satisfy and (2) those deficiencies cited in EPA's 
Evaluation Report Addendum which still apply despite EPA's new NSR 
requirements (contained in Document File NAP-CA-9 at the EPA Library in 
Washington, DC and the Regional Office).
    (4) San Diego Air Basin.
    (i) For ozone, CO, TSP, and NO2:
    (A) By May 7, 1981, the NSR rules submitted on March 17, 1980 must 
be revised and submitted as an SIP revision. In revising the NSR rules, 
the State/APCD must address (1) any new requirements in EPA's amended 
regulations for NSR under section 173 of the Clean Air Act (May 13, 
1980, 45 FR 31307; and August 7, 1980, 45 FR 52676) which the APCD rules 
do not currently satisfy and (2) the deficiencies cited in EPA's 
Evaluation Report Addendum which still apply despite EPA's new NSR 
requirements. The Evaluation Report Addendum is contained in document 
file NAP-CA-19 and available at the EPA Region IX Office and the EPA 
Library in Washington, DC
    (5) The Kern County APCD.
    (i) For ozone, CO, and PM:
    (A) By November 19, 1981, the NSR rules must be revised and 
submitted as an SIP revision. The rules must satisfy section 173 of the 
Clean Air Act and 40 CFR Subpart I, ``Review of new sources and 
modification.'' In revising Kern County's NSR rules, the State/APCD must 
address all the requirements in EPA's amended regulations for NSR (45 FR 
31307, May 13, 1980 and 45 FR 52676, August 7, 1980) which the APCD 
rules do not currently satisfy including those deficiencies cited in 
EPA's Evaluation Report Addendum which still apply despite EPA's new NSR 
requirements (contained in Document File NAP-CA-07 at the EPA Library in 
Washington, DC and the Regional Office).
    (ii) [Reserved]
    (6) The San Joaquin Valley Air Basin Nonattainment Area.
    (i) For O3, PM and CO in San Joaquin County.
    (A) By October 30, 1985 the NSR rules must be revised to meet the 
requirements in EPA's amended regulations for NSR under section 173 of 
the Clean Air Act (May 13, 1980 (45 FR 31307) and August 7, 1980 (45 FR 
52676)) and submitted as a SIP revision.
    (7) San Francisco Bay Area Air Basin.
    (i) For ozone and CO:

[[Page 153]]

    (A) By June 17, 1982, submittal of implementation commitments and 
schedules and additional commitments to provide annually the financial 
and personnel resources necessary to carry out the plan for 
transportation sources.
    (8) [Reserved]
    (9) The Santa Barbara County nonattainment areas.
    (i) For O3, TSP, and CO by (90 days from the date of 
publication of this notice).
    (A) The new source review (NSR) rules must be revised to meet the 
requirements in EPA's amended regulations for NSR under section 173 of 
the Clean Air Act (45 FR 31307, May 13, 1980 and 45 FR 52676, August 7, 
1980) and submitted as an SIP revision.
    (ii) For O3 by (90 days from the date of publication of this 
notice), a revised cutback asphalt paving materials rule which does not 
allow for indefinite compliance date extensions and submitted as an SIP 
revision.
    (10) Kings, Madera, Merced, Stanislaus and Tulare County APCDs.
    (i) For O3 and PM [and CO in Stanislaus County].
    (A) By September 7, 1982 the NSR rules must be revised to meet the 
requirements in EPA's amended regulations for NSR under section 173 of 
the Clean Air Act (May 13, 1980, 45 FR 31307 and August 7, 1980, 45 FR 
52676) as an SIP revision.
    (11) Fresno County and Ventura County nonattainment areas.
    (i) For ozone, CO (for Fresno County), and PM:
    (A) By November 1, 1982, the NSR rules must be revised to meet the 
requirements in EPA's amended regulations for NSR under section 173 of 
the Clean Air Act (May 13, 1980 (45 FR 31307), August 7, 1980 (45 FR 
52676), and October 14, 1981 (46 FR 50766)).
    (12) Butte, Sutter and Yuba County APCDs.
    (i) For Ozone:
    (A) By August 2, 1982, the NSR rules for the counties discussed in 
this notice must be revised to meet the requirements in EPA's amended 
regulations for NSR under section 173 of the Clean Air Act (May 13, 
1980, 45 FR 31307 and August 7, 1980, 45 FR 52676).
    (13) Los Angeles and Riverside portions of the Southeast Desert Air 
Basin.
    (i) For Ozone:
    (A) By August 9, 1982, the new source review rules for the three 
county areas must be revised to meet the requirements in EPA's amended 
regulations under section 173 (May 13, 1980, (45 FR 31307), August 7, 
1980, (45 FR 52676), and October 14, 1981, (46 FR 50766)).
    (B) By August 9, 1982, the State must provide adopted regulations 
for degreasing operations in the Los Angeles County portion of the SEDAB 
which represent RACT.
    (14) [Reserved]
    (15) Mountain Counties Air Basin.
    (i) By October 30, 1985 the new source review rules for Placer and 
El Dorado Counties must be revised to meet the requirements in EPA's 
amended regulations under section 173 of the Clean Air Act (May 13, 1980 
(45 FR 31307), August 7, 1980 (45 FR 52676), and October 14, 1981 (46 FR 
50766)).
    (16) San Bernardino County portion of the Southeast Desert Air 
Basin.
    (i) For ozone:
    (A) By October 30, 1985, the NSR rules must be revised to meet the 
requirements in EPA's amended regulations for NSR under section 173 of 
the Clean Air Act (May 13, 1980 (45 FR 31307), August 7, 1980 (45 FR 
52676), and October 14, 1981 (46 FR 50766)).
    (17) Yolo and Solano Counties.
    (i) For ozone and CO in those portions of Yolo and Solano Counties 
that are part of the Sacramento Metropolitan Area:
    (A) By October 30, 1985, the NSR rules must be revised to meet the 
requirements in EPA's amended regulations for NSR under section 173 of 
the Clean Air Act (May 13, 1980 (45 FR 31307), August 7, 1980 (45 FR 
52676), and October 14, 1981 (46 FR 50766)).
    (ii) For ozone:
    By November 1, 1982, the State must provide either (A) an adequate 
demonstration that the following regulations represent RACT, (B) amend 
the regulations so that they are consistent with the CTG, or (C) 
demonstrate that the regulations will result in VOC emission reductions 
which are within five percent of the reductions which

[[Page 154]]

would be achieved through the implementation of the CTG recommendations:

                         Yolo-Solano County APCD

    Rule 2.24, ``Solvent Cleaning Operations (Degreasing).''

[45 FR 74485, Nov. 10, 1980]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.232, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.233  Review of new sources and modifications.

    (a) The following regulations are disapproved because they are not 
consistent with Clean Air Act requirements.
    (1) Imperial County APCD.
    (i) Subparagraph C.5. of Rule 207, Standards for Permit to 
Construct, submitted March 17, 1980.
    (2) Monterey Bay Unified APCD.
    (i) Subparagraph B.5. of Rule 207, Standards for Permit to 
Construct, submitted March 17, 1980.
    (3) South Coast AQMD.
    (i) In Rule 1306(a)(i), submitted on April 3, 1980, sentence 3 is 
disapproved.
    (ii) In Rule 1306(d)(1)(B)(ii), submitted on April 3, 1980, the 
following portion of the rule is disapproved: ``Which have occurred 
during the highest three years of the last five year period, divided by 
three, provided the applicant demonstrates that such permit units have 
been operated at least 90 days during each of such three years.''
    (iii) In Rule 1307(a) submitted on April 3, 1980, the following 
portion of the rule is disapproved: ``Greater than 68 kilograms (150 
pounds) per day except carbon monoxide, for which the value is an 
increase greater than 340 kilograms (750 pounds) per day.''
    (4) Kern County APCD.
    (i) Those portions of paragraph (3)(E) of Rule 210.1, submitted on 
April 15, 1980, which allow new sources and modifications to be exempt 
from LAER.
    (b) [Reserved]
    (c) The requirements of Sec. 51.160(a) of this chapter are not met 
in the following Air Pollution Control Districts since the regulations 
of the APCD's do not provide the means to prevent construction of 
sources which would violate applicable portions of the control strategy 
or would interfere with the attainment or maintenance of a national 
standard.
    (1) Mariposa County APCD.
    (2) Santa Barbara County APCD.
    (d) The requirements of Sec. 51.160(a) of this chapter are not met 
in the following Air Pollution Control Districts since the regulations 
of the APCD's do not include a means to prevent construction or 
modification if such construction or modification would interfere with 
the attainment or maintenance of a national standard.
    (1) Amador County APCD.
    (2) Calaveras County APCD.
    (3) El Dorado County APCD (Mountain Counties Intrastate portion).
    (4) [Reserved]
    (5) Glenn County APCD.
    (6) Humboldt County APCD.
    (7)-(8) [Reserved]
    (9) Lake County APCD.
    (10) Lassen County APCD.
    (11) [Reserved]
    (12) Mendocino County APCD.
    (13) [Reserved]
    (14) Modoc County APCD.
    (15) Monterey Bay Unified APCD.
    (16) Nevada County APCD.
    (17) Northern Sonoma County APCD.
    (18) [Reserved]
    (19) Plumas County APCD.
    (20) [Reserved]
    (21) Shasta County APCD.
    (22) Sierra County APCD.
    (23) Siskiyou County APCD.
    (24) [Reserved]
    (25) Sutter County APCD.
    (26) [Reserved]
    (27) Tuolumne County APCD.
    (e) [Reserved]
    (f) Regulation for review of new sources and modifications. (1) The 
requirements of this paragraph are applicable to:
    (i) Any stationary source in the APCD's listed below, the 
construction or modification of which is commenced after the effective 
date of this regulation.
    (a) Mariposa County APCD.
    (b) [Reserved]
    (c) Santa Barbara County APCD.
    (ii) Any stationary source subject to the requirements of 
Secs. 52.226(c), 52.227(c), 52.228(b), or 52.230(b), the construction or 
modification of which is commenced after the effective date of this 
regulation.

[[Page 155]]

    (2) No owner or operator shall commence construction or modification 
of a stationary source after the effective date of this regulation 
without first obtaining approval from the Administrator of the location 
and design of such source.
    (i) Application for approval to construct or modify shall be made on 
forms furnished by the Administrator, or by other means prescribed by 
the Administrator.
    (ii) A separate application is required for each source.
    (iii) Each application shall be signed by the applicant.
    (iv) Each application shall be accompanied by site information, 
plans, descriptions, specifications, and drawings showing the design of 
the source, the nature and amount of emissions, and the manner in which 
it will be operated and controlled.
    (v) Any additional information, plans, specifications, evidence, or 
documentation that the Administrator may require shall be furnished upon 
request.
    (3) No approval to construct or modify will be granted unless the 
applicant shows to the satisfaction of the Administrator that:
    (i) The source will be operated without causing a violation of any 
local, State, or Federal regulations which are part of the applicable 
plan.
    (ii) The source will not prevent or interfere with attainment or 
maintenance of any national standard.
    (4) (i) Within twenty (20) days after receipt of an application to 
construct, or any addition to such application, the Administrator shall 
advise the owner or operator of any deficiency in the information 
submitted in support of the application. In the event of such a 
deficiency, the date of receipt of the application for the purpose of 
paragraph (f)(4)(ii) of this section, shall be the date on which all 
required information is received by the Administrator.
    (ii) Within thirty (30) days after receipt of a complete 
application, the Administrator shall:
    (a) Make a preliminary determination whether the source should be 
approved, approved with conditions, or disapproved.
    (b) Make available in at least one location in each region in which 
the proposed source would be constructed, a copy of all materials 
submitted by the owner or operator, a copy of the Administrator's 
preliminary determination and a copy or summary of other materials, if 
any, considered by the Administrator in making his preliminary 
determination; and
    (c) Notify the public, by prominent advertisement in a newspaper of 
general circulation in each region in which the proposed source would be 
constructed, of the opportunity for written public comment on the 
information submitted by the owner or operator and the Administrator's 
preliminary determination on the approvability of the source.
    (iii) A copy of the notice required pursuant to this paragraph shall 
be sent to the applicant and to state and local air pollution control 
agencies, having cognizance over the location where the source will be 
situated.
    (iv) Public comments submitted in writing within thirty (30) days 
after the date such information is made available shall be considered by 
the Administrator in making his final decision on the application. No 
later than ten (10) days after the close of the public comment period, 
the applicant may submit a written response to any comment submitted by 
the public. The Administrator shall consider the applicant's response in 
making his final decision. All comments shall be made available for 
public inspection in at least one location in the region in which the 
source would be located.
    (v) The Administrator shall take final action on the application 
within thirty (30) days after the close of the public comment period. 
The Administrator shall notify the applicant in writing of his approval, 
conditional approval, or denial of the application, and shall set forth 
his reasons for ocnditional approval or denial. Such notification shall 
be made available for public inspection in at least one location in the 
region in which the source would be located.
    (vi) The Administrator may extend each of the time periods specified 
in paragraph (f)(4)(ii), (iv) or (v) of this section by no more than 30 
days, or such other period as agreed to by the applicant and the 
Administrator.

[[Page 156]]

    (5) The Administrator may impose any reasonable conditions upon an 
approval, including conditions requiring the source to be provided with:
    (i) Sampling ports of a size, number, and location as the 
Administrator may require,
    (ii) Safe access to each port,
    (iii) Instrumentation to monitor and record emission data, and
    (iv) Any other sampling and testing facilities.
    (6) The Administrator may cancel an approval if the construction is 
not begun within 2 years from the date of issuance, or if during the 
construction, work is suspended for 1 year.
    (7) Any owner or operator subject to the provisions of this 
regulation shall furnish the Administrator written notification as 
follows:
    (i) A notification of the anticipated date or initial startup of the 
source not more than 60 days or less than 30 days prior to such date.
    (ii) A notification of the actual date of initial startup of the 
source within 15 days after such date.
    (8) Within 60 days after achieving the maximum production rate at 
which the source will be operated but not later than 180 days after 
initial startup of such source the owner or operator of such source 
shall conduct a performance test(s) in accordance with methods and under 
operating conditions approved by the Administrator and furnish the 
Administrator a written report of the results of such performance test.
    (i) Such test shall be at the expense of the owner or operator.
    (ii) The Administrator may monitor such test and may also conduct 
performance tests.
    (iii) The owner or operator of a source shall provide the 
Administrator 15 days prior notice of the performance test to afford the 
Administrator the opportunity to have an observer present.
    (iv) The Administrator may waive the requirement for performance 
tests if the owner or operator of a source has demonstrated by other 
means to the Administrator's satisfaction that the source is being 
operated in compliance with all local, State and Federal regulations 
which are part of the applicable plan.
    (9) Approval to construct or modify shall not be required for:
    (i) The installation or alteration of an air pollutant detector, air 
pollutants recorder, combustion controller, or combustion shutoff.
    (ii) Air-conditioning or ventilating systems not designed to remove 
air pollutants generated by or released from equipment.
    (iii) Fuel burning equipment, other than smokehouse generators which 
has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/h) and 
burns only gaseous fuel containing not more than 0.5 grain H2S per 
100 stdft3 (5.7 g/100 stdm3); has a heat input of not more 
than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; or has a 
heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and burns any 
other fuel.
    (iv) Mobile internal combustion engines.
    (v) Laboratory equipment used exclusively for chemical or physical 
analyses.
    (vi) Other sources of minor significance specified by the 
Administrator.
    (10) Approval to construct or modify shall not relieve any person of 
the responsibility to comply with any local, State, or Federal 
regulation which is part of the applicable plan.
    (11) Any owner or operator who constructs, modifies, or operates a 
stationary source not in accordance with the application, as approved 
and conditioned by the Administrator, or any owner or operator of a 
stationary source subject to this paragraph who commences construction 
or modification without applying for any receiving approval hereunder, 
shall be subject to enforcement action under section 113 of the Act.
    (g) Regulation for review of new sources and modifications. (1) The 
requirements of this paragraph are applicable to any stationary source 
in the APCD's listed below, the construction or modification of which is 
commenced after the effective date of this regulation.
    (i) Amador County APCD.
    (ii) Calaveras County APCD.
    (iii) El Dorado County APCD (Mountain Counties Intrastate portion).

[[Page 157]]

    (iv) [Reserved]
    (v) Glenn County APCD.
    (vi) Humboldt County APCD.
    (vii)-(viii) [Reserved]
    (ix) Lassen County APCD.
    (x) Madera County APCD.
    (xi) Mendocino County APCD.
    (xii) Merced County APCD.
    (xiii) Modoc County APCD.
    (xiv) Monterey Bay Unified APCD.
    (xv) Nevada County APCD.
    (xvi) [Reserved]
    (xvii) Plumas County APCD.
    (xviii) San Joaquin County APCD.
    (xix) Shasta County APCD.
    (xx) Sierra County APCD.
    (xxi) Siskiyou County APCD.
    (xxii) Stanislaus County APCD.
    (xxiii) Sutter County APCD.
    (xxiv) Tulare County APCD.
    (xxv) Tuolumne County APCD.
    (2) No owner or operator shall commence construction or modification 
of any new source after the effective date of this regulation without 
first obtaining approval from the Administrator of the location of such 
source.
    (i) Application for approval to construct or modify shall be made on 
forms furnished by the Administrator, or by other means prescribed by 
the Administrator.
    (ii) A separate application is required for each source.
    (iii) Each application shall be signed by the applicant.
    (iv) Each application shall be accompanied by site information, 
stack data, and the nature and amount of emissions. Such information 
shall be sufficient to enable the Administrator to make any 
determination pursuant to paragraph (g)(3) of this section.
    (v) Any additional information, plans, specifications, evidence, or 
documentation that the Administrator may require shall be furnished upon 
request.
    (3) No approval to construct or modify will be granted unless the 
applicant shows to the satisfaction of the Administrator that the source 
will not prevent or interfere with attainment or maintenance of any 
national standard.
    (4) (i) Within twenty (20) days after receipt of an application to 
construct, or any addition to such application, the Administrator shall 
advise the owner or operator of any deficiency in the information 
submitted in support of the application. In the event of such a 
deficiency, the date of receipt of the application for the purpose of 
paragraph (g)(4)(ii) of this section, shall be the date on which all 
required information is received by the Administrator.
    (ii) Within thirty (30) days after receipt of a complete 
application, the Administrator shall:
    (a) Make a preliminary determination whether the source should be 
approved, approved with conditions, or disapproved.
    (b) Make available in at least one location in each region in which 
the proposed source would be constructed, a copy of all materials 
submitted by the owner or operator, a copy of the Administrator's 
preliminary determination and a copy or summary of other materials, if 
any, considered by the Administrator in making his preliminary 
determination; and
    (c) Notify the public, by prominent advertisement in a newspaper of 
general circulation in each region in which the proposed source would be 
constructed, of the opportunity for written public comment on the 
information submitted by the owner or operator and the Administrator's 
preliminary determination on the approvability of the source.
    (iii) A copy of the notice required pursuant to this subparagraph 
shall be sent to the applicant and to state and local air pollution 
control agencies, having cognizance over the location where the source 
will be situated.
    (iv) Public comments submitted in writing within thirty (30) days 
after the date such information is made available shall be considered by 
the Administrator in making his final decision on the application. No 
later than ten (10) days after the close of the public comment period, 
the applicant may submit a written response to any comment submitted by 
the public. The Administrator shall consider the applicant's response in 
making his final decision. All comments shall be made available for 
public inspection in at least one location in the region in which the 
source would be located.
    (v) The Administrator shall take final action on an application 
within thirty (30) days after the close of the

[[Page 158]]

public comment period. The Administrator shall notify the applicant in 
writing of his approval, conditional approval, or denial of the 
application, and shall set forth his reasons for conditional approval or 
denial. Such notification shall be made available for public inspection 
in at least one location in the region in which the source would be 
located.
    (vi) The Administrator may extend each of the time periods specified 
in paragraph (g)(4) (ii), (iv) or (v) of this section by no more than 30 
days, or such other period as agreed to by the applicant and the 
Administrator.
    (5) The Administrator may cancel an approval if the construction is 
not begun within 2 years from the date of issuance, or if during the 
construction, work is suspended for 1 year.
    (6) Approval to construct or modify shall not relieve any owner or 
operator of the responsibility to comply with any local, State, or 
Federal regulation which is part of the applicable plan.
    (7) Approval to construct or modify shall not be required for:
    (i) The installation or alteration of an air pollutant detector, air 
pollutants recorder, combustion controller, or combustion shutoff.
    (ii) Air-conditioning or ventilating systems not designed to remove 
air pollutants generated by or released from equipment.
    (iii) Fuel burning equipment, other than smokehouse generators, 
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain 
H2S per 100 stdft3 (54.8 g/100 stdm3); has a heat input 
of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; 
or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and 
burns any other fuel.
    (iv) Mobile internal combustion engines.
    (v) Laboratory equipment used exclusively for chemical or physical 
analyses.
    (vi) Other sources of minor significance specified by the 
Administrator.
    (8) Any owner or operator who constructs, modifies, or operates a 
stationary source not in accordance with the application, as approved 
and conditioned by the Administrator, or any owner or operator of a 
stationary source subject to this paragraph who commences construction 
or modification without applying for and receiving approval hereunder, 
shall be subject to enforcement action under section 113 of the Act.
    (h)--(i) [Reserved]
    (j) Delegation of authority. (1) The Administrator shall have the 
authority to delegate responsibility for implementing the procedures for 
conducting source review pursuant to this section in accordance with 
paragraphs (j) (2), (3), and (4) of this section.
    (2) Where the Administrator delegates the responsibility for 
implementing the procedures for conducting source review pursuant to 
this section to any Agency, other than a Regional Office of the 
Environmental Protection Agency, a copy of the notice pursuant to 
paragraphs (f)(4)(iii) and (g)(4)(iii) of this section shall be sent to 
the Administrator through the appropriate Regional Office.
    (3) In accordance with Executive Order 11752, the Administrator's 
authority for implementing the procedures for conducting source review 
pursuant to this section shall not be delegated, other than to a 
Regional Office of the Environmental Protection Ands; except that, with 
respect to the latter category, where new or modified sources are 
constructed or operated on Federal lands pursuant to leasing or other 
Federal agreements, the Federal Land Manager may at his discretion, to 
the extent permissible under applicable statutes and regulations, 
require the lessee or permittee to be subject to new source review 
requirements which have been delegated to a state or local agency 
pursuant to this paragraph.
    (4) The Administrator's authority for implementing the procedures 
for conducting source review pursuant to this section shall not be 
redelegated, other than to a Regional Office of the Environmental 
Protection Agency, for new or modified sources which are located in 
Indian reservations except where the State has assumed jurisdiction over 
such land under other laws, in which case the Administrator may delegate

[[Page 159]]

his authority to the States in accordance with paragraphs (j) (2), (3), 
and (4) of this section.
    (k) Conditions on steam production. (1) Notwithstanding any 
provisions to the contrary in the California State Implementation Plan, 
the Watson petroleum refinery owned by Atlantic Richfield Company, 
located at 1801 East Sepulveda Boulevard, Carson, California, shall 
operate under the following conditions listed in paragraphs (k)(2) 
through (6) of this section.
    (2) The total steam load comprised of the steam purchased from 
Watson Energy Systems and the amount generated by boilers 31, 32, 33, 
42, 51, and 52 at the ARCO Watson Refinery shall not exceed 1,355,000 
pounds per hour at 680 deg.F, 600 psig.
    (3) Continuous written records of steam purchased from Watson Energy 
Systems and of the steam produced by boilers 31, 32, 42, 51, or 52 
at the ARCO Watson Refinery, during receipt of steam from Watson Energy 
Systems, shall be maintained and made available for inspection by the 
EPA and the South Coast Air Quality Management District. These records 
shall be kept in terms of pounds per hour of steam at 680 deg.F, 600 
psig.
    (4) The steam purchased from the Watson Energy Systems facility 
shall be used as a ``first-on, last-off'' source of steam for the ARCO 
Watson Refinery, except for steam produced by waste heat or as part of 
the refining process, or as required to maintain fired boilers in 
service for emergency use.
    (5) Any proposed changes in equipment or fuel that would increase 
the oil fired steam generating capacity or decrease oil fired steam 
generating efficiency of boilers 31, 32, 33, 42, 51, and 52 at the 
ARCO Watson Refinery must be reviewed and approved by the EPA prior to 
implementation of the proposed changes.
    (6) ARCO shall maintain written records of oil consumption at 
boilers 31, 32, 33, 42, 51, and 52 during receipt of steam from 
Watson Energy Systems. These records shall be available for inspection 
by the South Coast Air Quality Management District and the EPA. The 
total oil consumption of these boilers shall not exceed a monthly 
average of 226,000 gallons per day when receiving steam from the Watson 
Energy systems plant at a rate of 350,000 pounds per hour. When 
receiving steam at a lower rate, ARCO shall be allowed to increase its 
boiler fuel oil consumption to achieve a total steam load not to exceed 
the limit of condition two (2).
    (l) The following rules and regulations are disapproved because they 
do not meet the requirements of sections 110, 172, and 173 of the Clean 
Air Act, since they exempt certain source categories from the offset 
requirements of the Act:
    (1) South Coast Air Quality Management District.
    (i) Rule 1304(e), Resource Conservation and Energy Projects, 
submitted on April 3, 1980, but only with respect to projects whose 
application for a permit is complete after January 1, 1986,
    (ii) Rule 1304(b)(2), Resource and Energy Conservation Projects, 
submitted on November 8, 1982, but only with respect to projects whose 
application for a permit is complete after January 1, 1986,
    (m) Revised South Coast Regulation XIII, submitted on November 8, 
1982, is not approved inasmuch as action on it is temporarily deferred.

[37 FR 19813, Sept. 22, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.233, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.234   Source surveillance.

    (a) Except in the Air Pollution Control Districts (APCDs) listed in 
this paragraph, the requirements of Sec. 51.211 of this chapter are not 
met since the plan does not provide for recordkeeping and periodic 
reporting of emission data by sources.
    (1) Amador County APCD.
    (2) Bay Area AQMD.
    (3) Calaveras County APCD.
    (4) Del Norte County APCD.
    (5) El Dorado County APCD.
    (6) Humboldt County APCD.
    (7) Imperial County APCD.
    (8) Lake County APCD.
    (9) Mariposa County APCD.
    (10) Mendocino County APCD.
    (11) Nevada County APCD.
    (12) Northern Sonoma County APCD.

[[Page 160]]

    (13) Placer County APCD.
    (14) Plumas County APCD.
    (15) Sierra County APCD.
    (16) Trinity County APCD.
    (17) Ventura County APCD.
    (b) The requirements of Sec. 51.212 of this chapter are not met 
since the plan does not adequately provide for periodic testing and 
inspection of stationary sources within the Bay Area Air Pollution 
Control District portion of the San Francisco Bay Area Intrastate 
Region.
    (c) The requirements of Sec. 51.212 of this chapter are not met 
since the system for detecting violations through enforcement of visible 
emission regulations and complaint handling is not adequately described.
    (d) Regulation for source recordkeeping and reporting. (1) The owner 
or operator of any stationary source in the State of California, except 
for those APCD's specified in paragraph (a) of this section, shall, upon 
notification from the Administrator, maintain records of the nature and 
amounts of emissions from such source and/or any other information as 
may be deemed necessary by the Administrator to determine whether such 
source is in compliance with applicable emission limitations or other 
control measures.
    (2) The information recorded shall be summarized and reported to the 
Administrator, on forms furnished by the 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, 
except that the initial reporting period shall commence on the date the 
Administrator issues notification of the recordkeeping requirements.
    (3) Information recorded by the owner or operator and copies of the 
summarizing reports submitted to the Administrator shall be retained by 
the owner or operator for 2 years after the date on which the pertinent 
report is submitted.
    (e) The requirements of Sec. 51.214 of this chapter are not met in 
the following air pollution control districts (APCD's) since all of the 
applicable requirements of Appendix P of part 51 are not included in the 
district regulations.
    (1) Amador County APCD.
    (2) Bay Area AQMD
    (3) Calaveras County APCD.
    (4) El Dorado County APCD.
    (5) Imperial County APCD.
    (6) Kern County APCD.
    (7) Kings County APCD.
    (8) Los Angeles County APCD.
    (9) Mariposa County APCD.
    (10) Monterey Bay Unified APCD.
    (11) Nevada County APCD.
    (12) Placer County APCD.
    (13) Plumas County APCD.
    (14) San Bernardino County Desert APCD.
    (15) San Diego County APCD.
    (16) San Joaquin County APCD.
    (17) San Luis Obispo County APCD.
    (18) Santa Barbara County APCD.
    (19) Sierra County APCD.
    (20) South Coast AQMD.
    (21) Stanislaus County APCD.
    (22) Tulare County APCD.
    (23) Ventura County APCD.

[37 FR 10850, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.234, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.235  Control strategy for ozone: Oxides of nitrogen.

    EPA is approving an exemption request submitted by the Monterey Bay 
Unified Air Pollution Control District on April 26, 1994 for the 
Monterey Bay ozone nonattainment area from the NOX RACT 
requirements contained in section 182(f) of the Clean Air Act. This 
approval exempts the area from implementing the oxides of nitrogen 
(NOX) requirements for reasonably available control technology 
(RACT), new source review (NSR), the related requirements of general and 
transportation conformity regulations, and applicable inspection and 
maintenance (I/M). The exemption is based on ambient air monitoring data 
and lasts for only as long as the area's monitoring efforts continue to 
demonstrate attainment without NOX reductions from major stationary 
sources.

[60 FR 20237, Apr. 25, 1995]



Sec. 52.236  Rules and regulations.

    (a) Since the following Air Pollution Control District (APCD) rules 
do not

[[Page 161]]

define the term ``agricultural operations,'' the rules are disapproved 
because they could render certain emission limitations rules 
unenforceable.
    (1) Imperial County APCD.
    (i) Rule 114.5, submitted on November 10, 1976.
    (ii) Rule 148.D(3), submitted on November 10, 1976.
    (b) The following Air Pollution Control District (APCD) rules are 
disapproved because they contain the term ``agricultural operations'' 
and/or the term ``other equipment in agricultural operations,'' both of 
which are either undefined or inadequately defined, thus rendering 
certain emission control rules unenforceable:
    (1) San Luis Obispo County APCD.
    (i) Rules 401(B)(4) and 401(B)(6), submitted on November 10, 1976.
    (2) Sacramento County APCD.
    (i) Rule 7(b)(5), submitted on November 4, 1977.
    (3) Glenn County APCD.
    (i) Section 77(e), submitted on June 30, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 19812).
    (4) Mariposa County APCD.
    (i) Rule 203(G), submitted on June 6, 1977.
    (5) Kern County APCD.
    (i) Rules 402(c) and 402(e), submitted on; November 10, 1976.
    (6) Fresno County APCD.
    (i) Rules 402(c) and 402(e), submitted on October 23, 1974.
    (ii) Rules 402(c) and 402(e), submitted on June 30, 1972, and 
previously approved under 40 CFR 52.223 (37 FR 19812).
    (7) Tulare County APCD.
    (i) Section 402(c), submitted on November 10, 1976, and previously 
approved under 40 CFR 52.223 (42 FR 47556).
    (8) Madera County APCD.
    (i) Rules 402(c) and 402(e), submitted on January 10, 1975, and 
previously approved under 40 CFR 52.223 (42 FR 42219).
    (9) Amador County APCD.
    (i) Rules 203(G), submitted on October 15, 1979, and 205(G), 
submitted on June 30, 1972.
    (c) Since the following Air Pollution Control Districts have deleted 
definitions which could allow a relaxation of emission limitations, the 
deletions are disapproved:
    (1) Merced County APCD.
    (i) Rule 102(hh), submitted on June 30, 1972, previously approved 
under 40 CFR 52.223, and deleted by the August 2, 1976 submittal, is 
retained.
    (2) El Dorado County APCD.
    (i) Rule 102(LL), submitted on November 4, 1977, previously approved 
at 43 FR 51632, and deleted by the May 23, 1979 submittal, is retained.
    (d) The following rules or portions of rules are disapproved since 
they contain provisions which are inconsistent with 40 CFR part 58, 
Ambient Air Quality Surveillance.
    (1) Lake County APCD.
    (i) Section 224, Equivalent Method, and Table V, Table of Standards, 
Applicable Statewide, submitted on February 10, 1977.
    (ii) Table V, Concentrations and Methods, submitted on January 2, 
1979, and Table V, submitted on February 10, 1976 and previously 
approved at 42 FR 42224.
    (e) Since the following air pollution control districts have revised 
definitions so as to render the associated emission control requirements 
less stringent without a control strategy demonstration, the revisions 
are disapproved.
    (1) Mendocino County APCD.
    (i) Rule 130(p4), submitted on November 10, 1976. (Part III-49, 
previously submitted on February 21, 1972, and approved in 40 CFR 
52.223, is retained).
    (ii) Rule 130(s3), submitted on November 10, 1976. (Part III-55, 
previously submitted on February 21, 1972, and approved in 40 CFR 
52.233, is retained).
    (2) Shasta County APCD.
    (i) The definition of ``modification'' in Rule 1:2, Definitions, 
submitted on October 13, 1977, is disapproved.
    (3) San Bernardino County Desert APCD.
    (i) Rule 103, Definition of Terms, submitted on November 4, 1977, is 
disapproved with respect to the deletion of the following terms: 
``Distilling type heater'', ``Noncomplying orchard heater'', ``Pipe line 
systems'', and ``Return stack heater''. (Rule 2, Definitions, submitted 
on February 21, 1972 and approved in 40 CFR 52.223, is retained for the 
above terms.)

[[Page 162]]

    (4) Southeast Desert Intrastate Region.
    (i) San Bernardino County Desert APCD.
    (A) Rule 102, Definition of Terms, submitted November 4, 1977 is 
disapproved with respect to the deletion of the following terms: 
Distilling type heater, Non-complying orchard heater, Pipe line systems, 
and Return stack heater. Rule 2, Definitions, submitted February 21, 
1972 and approved in 40 CFR 52.223, is retained for the above terms.
    (f) The following APCD rules are disapproved because they exempt 
some portions of the districts from the existing air pollution control 
regulations without setting forth substitute rules for the exempted 
areas.
    (1) El Dorado County APCD.
    (i) Rule 201, submitted on November 4, 1977, is disapproved. (The 
previously approved Rule 49, submitted on June 30, 1972, is retained for 
Federal enforcement purposes.)
    (g) The following Air Pollution Control District (APCD) rules are 
disapproved pursuant to section 110(a)(2)(K) of the Clean Air Act 
because they could allow recovery of legal expenses associated with 
permit enforcement actions.
    (1) Monterey Bay Unified APCD.
    (i) Rule 300 (i)(1), Permit Fee, submitted on December 17, 1979.
    (2) El Dorado County APCD.
    (i) Rule 104, submitted on May 23, 1979.

[42 FR 39664, Aug. 5, 1977]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.236, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.237  Part D disapproval.

    (a) The following portions of the California SIP are disapproved 
because they do not meet the requirements of Part D of the Clean Air 
Act.
    (1) The ozone and CO attainment demonstrations for the South Coast 
Air Basin. No major stationary source, or major modification of a 
stationary source, of carbon monoxide or volatile organic compounds may 
be constructed in the South Coast Air Basin unless the construction 
permit application is complete on or before August 30, 1988.
    (2) The ozone attainment demonstration for Ventura County. No major 
stationary source, or major modification of a stationary source, of 
volatile organic compounds may be constructed in the Ventura County 
nonattainment area unless the construction permit application is 
complete on or before November 4, 1988.
    (3) The ozone attainment demonstration for the Sacramento AQMA. No 
major stationary source, or major modification of a stationary source, 
of volatile organic compounds may be constructed in the Sacramento 
nonattainment area unless the construction permit application is 
complete on or before January 3, 1989.
    (4) The ozone attainment demonstration for the Fresno County APCD.
    (5) The ozone attainment demonstration for the Kern County APCD.

[46 FR 5979, Jan. 21, 1981, as amended at 48 FR 53118, Nov. 25, 1983; 50 
FR 35798; Sept. 4, 1985; 53 FR 1781, Jan. 22, 1988; 53 FR 39088, Oct. 5, 
1988; 53 FR 48537, Dec. 1, 1988; 55 FR 9878, 9880, Mar. 16, 1990; 56 FR 
2853, Jan. 25, 1991]
Sec. 52.238  [Reserved]



Sec. 52.239  Alternate compliance plans.

    (a) Alternative compliance plans (bubble plans) developed under the 
District rules listed below must be submitted to EPA by the State of 
California as SIP revisions. The emission limits contained in the 
District rule will continue to be enforceable by EPA and private 
citizens under sections 113 and 304(a) of the Act until the alternative 
compliance plans are approved by EPA for inclusion in the SIP.
    (1) Bay Area AQMD.
    (i) Rule 4 of Regulation 8, submitted on February 7, 1980.
    (b) Alternative compliance plans (bubble plans) developed under the 
District rules listed below are considered the applicable requirements 
in the SIP which are enforceable by EPA and private citizens under 
section 113 and 304(a) of the Act. Alternative compliance plans must be 
submitted to EPA after their approval by the District. The District 
rules do not apply to or supersede the conditions that a source must 
meet under nonattainment or

[[Page 163]]

PSD permit programs, new source performance standards, or national 
emission standards for hazardous air pollutants.
    (1) Bay Area AQMD.
    (i) Rules 11, 13 and 19 of Regulation 8, submitted on February 7, 
1980.

[47 FR 11870, Mar. 19, 1982]



Sec. 52.240  Compliance schedules.

    (a) The requirements of Sec. 51.262(a) of this chapter are not met 
in the following Air Pollution Control Districts since the regulations 
cited do not provide increments to progress toward compliance.
    (1) Rules 50-A, 52-A, 53-A(a), 53-A(b), 53-A(c), 53.2, 53.3, 54.A, 
58.A, 62.1, 68, 69, 70, and 71 of the San Bernardino County APCD.
    (2) Rules 53, 72.1, and 72.2 of the Riverside County APCD.
    (3) Rules 53, 66.c, and 68.a of the Orange County APCD.
    (4) Rule 39.1 of the Santa Barbara County APCD.
    (5) Rule 59 of the Ventura County APCD.
    (6) Rule 66(c) of the Los Angeles County APCD.
    (7) Rule 4.5 of the Siskiyou County APCD.
    (8) Rule 64(c) of the Northern Sonoma County APCD.
    (9) Rule 409 of the Tulare County APCD.
    (b) The requirements of Sec. 51.261 are not met since Rule 68.a of 
the Orange County Air Pollution Control District does not provide for 
compliance within 3 years after the Administrator's approval of the 
plan.
    (c) Federal compliance schedule. (1) Except as provided in paragraph 
(c)(2) of this section, the owner or operator of any stationary source 
subject to Rule 68.a of the Orange County Air Pollution Control District 
shall comply with such rule or regulation on or before January 31, 1974.
    (i) Any owner or operator in compliance with this rule on the 
effective date of this regulation shall certify such compliance to the 
Administrator no later than 120 days following the effective date of 
this paragraph.
    (ii) Any owner or operator who achieves compliance with such rule or 
regulation after the effective date of this regulation shall certify 
such compliance to the Administrator within 5 days of the date 
compliance is achieved.
    (2) Any owner or operator of a stationary source subject to 
paragraph (c)(1) of this section may, not later than 120 days following 
the effective date of this paragraph, submit to the Administrator for 
approval a proposed compliance schedule that demonstrates compliance 
with the rules and regulations specified in paragraph (c)(1) of this 
section as expeditiously as practicable but no later than July 31, 1975. 
The compliance schedule shall provide for increments of progress toward 
compliance. The dates for achievement of such increments of progress 
shall be specified. Increments of progress shall include, but not be 
limited to: Submittal of final control plan to the Administrator; 
letting of necessary contracts for construction or process changes or 
issuance of orders for the purchase of component parts to accomplish 
emission control or process modification; initiation of onsite 
construction or installation of emission control equipment or process 
modification; completion of onsite construction or installation of 
emissioncontrol equipment or process modification; and final compliance.
    (3) Any owner or operator who submits a compliance schedule pursuant 
to this paragraph shall, within 5 days after the deadline for each 
increment of progress, certify to the Administrator whether or not the 
required increment of the approved compliance schedule has been met.
    (d) Regulation for increments of progress. (1) The requirements of 
this paragraph are applicable to any stationary source in the following 
Air Pollution Control Districts subject to the indicated regulations.
    (i) Rules 50-A, 52-A, 53-A(a), 53-A(b), 53-A(c), 53.2, 53.3, 54.A, 
58.A, 62.1, 68, 69, 70, and 71 of the San Bernardino County APCD.
    (ii) Rules 53, 72.1, and 72.2 of the Riverside County APCD.
    (iii) Rules 53 and 66.c of the Orange County APCD.
    (iv) Rule 39.1 of the Santa Barbara County APCD.

[[Page 164]]

    (v) Rule 59 of the Ventura County APCD.
    (vi) Rules 66(c) and 68 of the Los Angeles County APCD.
    (vii) Rule 4.5 of the Siskiyou County APCD.
    (viii) Rule 64(c) of the Northern Sonoma County APCD.
    (ix) Rule 409 of the Tulare County APCD.
    (2) Except as provided in paragraph (3) of this section, the owner 
or operator of any stationary source shall, no later than 120 days 
following the effective date of this paragraph, submit to the 
Administrator for approval, a proposed compliance schedule that 
demonstrates compliance with the applicable regulations as expeditiously 
as practicable but no later than the final compliance date specified by 
such applicable regulation. The compliance schedule shall provide for 
periodic increments of progress toward compliance. The dates for 
achievement of such increments shall be specified. Increments of 
progress shall include, but not be limited to: Submittal of final 
control plan to the Administrator; letting of necessary contracts for 
construction or process changes or issuance of orders for the purchase 
of component parts to accomplish emission control or process 
modification; initiation of onsite construction or installation of 
emission control equipment or process modification; completion of onsite 
construction or installation of emission control equipment or process 
modification; and final compliance.
    (3) Where any such owner or operator demonstrates to the 
satisfaction of the Administrator that compliance with the applicable 
regulations will be achieved on or before January 31, 1974, no 
compliance schedule shall be required.
    (4) Any owner or operator who submits a compliance schedule pursuant 
to this paragraph shall, within 5 days after the deadline for each 
increment of progress, certify to the Administrator whether or not the 
required increment of the approved compliance schedule has been met.
    (5) Any compliance schedule adopted by the State and approved by the 
Administrator shall satisfy the requirements of this paragraph for the 
affected source.
    (e) [Reserved]
    (f) State compliance schedules. (1) [Reserved]
    (2) The compliance schedules for the sources identified below are 
disapproved as not meeting the requirements of Subpart N of this 
chapter. All regulations cited are air pollution control regulations of 
the county in which the source is located, unless otherwise indicated.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Rule or regulation                                                                       
               Source                   Location (county)           involved            Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Simpson Lee Paper Co. (Order No. 72- Shasta................  3.2...................  Oct. 31, 1973........  Immediately..........  Jan. 15, 1976.       
 V-7).                                                                                                                                                  
Monolith Portland Cement Co. (Order  Kern..................  401(b), 404.1, 406....  Dec. 31, 1973........  ......do.............  July 1, 1976.        
 No. 73-6 as amended Mar. 11, 1974).                                                                                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------

[37 FR 19814, Sept. 22, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.240, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.
Secs. 52.241--52.245  [Reserved]



Sec. 52.246   Control of dry cleaning solvent vapor losses.

    (a) For the purpose of this section, ``dry cleaning operation'' 
means that process by which an organic solvent is used in the commercial 
cleaning of garments and other fabric materials.
    (b) This section is applicable in the Metropolitan Los Angeles, 
Sacramento Valley, and San Joaquin Valley Intrastate Air Quality Control 
Regions (the ``Regions''), as described in 40 CFR part 81, dated July 1, 
1979, except as follows:
    (1) In the following portions of the Sacramento Valley Region, this 
section is rescinded:
    (i) Sacramento County APCD.

[[Page 165]]

    (ii) Placer County APCD (Mountain Counties Air Basin portion).
    (iii) Yuba County APCD.
    (iv) Sutter County APCD.
    (2) In the following portions of the Metropolitan Los Angeles 
Intrastate Region, this section is rescinded:
    (i) Ventura County APCD.
    (3) In the following portions of the San Joaquin Valley Intrastate 
Region, this section is rescinded:
    (i) San Joaquin County APCD.
    (ii) Stanislaus County APCD.
    (iii) Tulare County APCD.
    (iv) Fresno County APCD.
    (c) Any dry cleaning establishment that uses solvents containing 4 
percent or more by volume of any reactive organic material listed under 
paragraphs (k) (1), (2), and (3) of Sec. 52.254 except perchloroethylene 
or any saturated halogenated hydrocarbon shall reduce the emissions of 
the discharged organics by 90 percent by use of activated carbon 
adsorption, or other appropriate means, not later than January 1, 1975.
    (d) If incineration is used as a control technique, 90 percent or 
more of the carbon in the organic compounds being incinerated must be 
oxidized to carbon dioxide.

[38 FR 31246, Nov. 12, 1973, as amended at 42 FR 41122, Aug. 15, 1977; 
42 FR 42226, Aug. 22, 1977; 47 FR 15586, Apr. 12, 1982; 47 FR 18856, May 
3, 1982; 47 FR 26385, June 18, 1982; 47 FR 28622, July 1, 1982; 47 FR 
29670, July 8, 1982; 47 FR 50865, Nov. 10, 1982]
Secs. 52.247--52.251  [Reserved]



Sec. 52.252   Control of degreasing operations.

    (a) ``Degreasing'' means any operation using an organic solvent as a 
surface cleaning agent prior to fabricating, surface coating, 
electroplating, or any other process.
    (b) This section is applicable in the Sacramento Valley, San Joaquin 
Valley, and San Francisco Bay Area Intrastate Air Quality Control 
Regions (the ``Regions''), as described in 40 CFR part 81, dated July 1, 
1979, except as follows:
    (1) In the following portions of the Sacramento Valley Region, this 
section is rescinded:
    (i) Sacramento County APCD.
    (ii) Placer County APCD (Mountain Counties Air Basin portion).
    (iii) Yuba County APCD.
    (iv) Sutter County APCD.
    (c) Any organic emissions discharged from degreasing operations must 
either be reduced by at least 85 percent, or the degreasing solvent must 
be classified as non-photochemically reactive as defined by paragraph 
(k) of Sec. 52.254 not later than January 1, 1975. This regulation shall 
not be construed as lessening any emission control requirement specified 
under EPA approved regulations or Sec. 52.254. Degreasing operations 
using perchloroethylene or saturated halogenated hydrocarbons shall be 
exempt from the requirements of this section.

[38 FR 31249, Nov. 12, 1973, as amended at 42 FR 42226, Aug. 22, 1977; 
47 FR 15586, Apr. 12, 1982; 47 FR 18856, May 3, 1982; 47 FR 19332, May 
5, 1982; 47 FR 28622, July 1, 1982]



Sec. 52.253   Metal surface coating thinner and reducer.

    (a) All terms defined in Sec. 52.254 are used herein with the 
meanings so defined.
    (b) This section is applicable in the Metropolitan Los Angeles, San 
Diego, Sacramento Valley, San Joaquin Valley, and San Francisco Bay Area 
Intrastate Air Quality Control Regions (the ``Regions''), as described 
in 40 CFR part 81, dated July 1, 1979, except as follows:
    (1) In the following portions of the Sacramento Valley Intrastate 
Region, this section is either fully rescinded or partially rescinded 
subject to the conditions specified as follows:
    (i) Sacramento County APCD.
    (ii) Placer County APCD (Mountain Counties Air Basin portion).
    (iii) This section is rescinded for metal parts and products coaters 
which are subject to and in full compliance with Yolo-Solano County Rule 
2.25 submitted on February 25, 1980.
    (iv) Yuba County APCD.
    (v) Sutter County APCD.
    (2) In the following portions of the Metropolitan Los Angeles 
Intrastate Region, this section is either fully rescinded or partially 
rescinded subject to the conditions specified as follows:
    (i) This section is fully rescinded for the Ventura County APCD.
    (ii) This section is rescinded for magnet wire insulators, can and 
coil coaters, metal parts coaters, and auto

[[Page 166]]

assembly line coaters which are subject to and in full compliance with 
Rules 1107, 1115, 1125, and 1126 in the South Coast AQMD.
    (iii) This section is rescinded for metal parts coaters that are 
subject to and in full compliance with Rule 330 submitted on October 18, 
1979, in the Santa Barbara County APCD.
    (3) In the following portions of the San Joaquin Valley Intrastate 
Region, this section is rescinded for certain sources subject to the 
conditions specified:
    (i) This section is rescinded for metal parts and products coaters 
which are subject to and in full compliance with Kern County Rule 410.4, 
submitted on October 15, 1979.
    (ii) This section is rescinded for metal parts and products coaters 
which are subject to and in full compliance with Madera County APCD's 
Rule 410.4 submitted on October 10, 1980.
    (iii) This section is rescinded for metal parts and products coaters 
which are subject to and in full compliance with Merced County Rule 
409.4 submitted on October 10, 1980.
    (iv) This section is rescinded for metal parts and products coaters 
which are subject to and in full compliance with San Joaquin County Rule 
409.4 submitted on October 10, 1980.
    (v) This section is rescinded for metal parts and products coaters 
which are subject to and in full compliance with Stanislaus County Rule 
410.4 submitted on October 10, 1980.
    (vi) This section is rescinded for metal parts and products coaters 
which are subject to and in full compliance with Tulare County Rule 
410.4 submitted on October 10, 1980.
    (vii) This section is rescinded for metal parts and products coaters 
which are subject to and in full compliance with Kings County Rule 410.4 
submitted on October 10, 1980.
    (viii) This section is rescinded for metal parts and products 
coaters which are subject to and in full compliance with Fresno County 
Rule 409.4 submitted on October 15, 1979.
    (4) In the San Francisco Bay Area Intrastate Region this section is 
rescinded for certain operations, subject to the conditions specified 
below:
    (i) This section is rescinded for metal container, closure and coil 
coating operations, light and medium-duty motor vehicle assembly plants, 
large appliance and metal furniture coaters, and miscellaneous metal 
parts and products coating operations, which are subject to and in full 
compliance with Rules 11, 13, 14, and 19 of Regulation 8 in the Bay Area 
AQMD.
    (5) In the San Diego Intrastate Region, this section is rescinded:
    (i) This section is rescinded for metal parts and products coaters 
which are subject to and in full compliance with San Diego APCD Rule 
67.3, submitted on October 25, 1979.
    (c) The composition of the organics in all metal surface coating 
thinners and reducers that are manufactured after January 1, 1975, and 
are used in the Regions, shall conform to paragraph (k) of Sec. 52.254 
so as to be defined as a nonphotochemically reactive solvent.
    (d) After July 1975, the composition of the organics in all metal 
surface coating thinners and reducers that are used in the Regions, 
shall conform to paragraph (k) of Sec. 52.254 so as to be defined as a 
non-photochemically reactive solvent.
    (e) If there is an inadequate supply of necessary solvent 
ingredients needed in the manufacture of metal surface coating thinners 
and reducers for the purpose of meeting the composition requirements of 
this section in the time constraint required by this section; then 
evidence of such a supply inadequacy must be presented to the 
Administrator by the manufacturers of the metal surface coating thinners 
and reducers, so that the Administrator may grant to the industry an 
appropriate implementation time extension for meeting the requirements 
of this section, if and as warranted by the evidence presented.

[38 FR 31249, Nov. 12, 1973, as amended at 42 FR 28123, June 2, 1977; 46 
FR 5979, Jan. 21, 1981; 46 FR 42461, Aug. 21, 1981; 47 FR 11870, Mar. 
19, 1982; 47 FR 15586, Apr. 12, 1982; 47 FR 18856, May 3, 1982; 47 FR 
19332, May 5, 1982; 47 FR 19698, May 7, 1982; 47 FR 24308, June 4, 1982; 
47 FR 28622, July 1, 1982]

[[Page 167]]



Sec. 52.254  Organic solvent usage.

    (a) This section is applicable in the Sacramento Valley, San 
Francisco Bay Area, and San Joaquin Valley Intrastate Air Quality 
Control Regions (the ``Regions''), as described in 40 CFR part 81, dated 
July 1, 1979, except as follows:
    (1) In the following portions of the San Joaquin Valley Region, only 
the hourly emission limitations contained in paragraphs (b), (c), and 
(d) of this section are in effect; the following paragraphs, needed for 
interpretation are also in effect: Paragraphs (e) through (l) and (o) 
through (q) of this section. In addition, this section is entirely 
rescinded for specific operations for some of the counties noted below:
    (i) This section is rescinded entirely for metal parts and products 
coaters which are subject to and in full compliance with Rule 409.4 for 
the Fresno County APCD, Rule 410.4 for the Kings County APCD, Rule 410.4 
for the Madera County APCD, Rule 409.4 for the Merced County APCD, Rule 
409.4 for the San Joaquin County APCD, Rule 409.4 for the Stanislaus 
County APCD, and Rule 410.4 for the Tulare County APCD.
    (ii) Kern County APCD. This section is rescinded entirely for metal 
parts and product coaters which are subject to and in full compliance 
with Rule 410.4.
    (iii) Fresno County APCD.
    (iv) San Joaquin County APCD.
    (v) Madera County APCD.
    (vi) Merced County APCD.
    (2) In the following portions of the San Joaquin Valley Region, only 
the hourly emission limitations contained in paragraphs (b), (c), and 
(d) of this section and the architectural coatings and solvent disposal 
emission limitations contained in paragraphs (m) and (n) of this section 
are in effect; the following paragraphs, needed for interpretation and 
enforcement of these emission limitations, are also in effect: 
Paragraphs (e) through (l) and (o) through (q) of this section.
    (i) Kings County APCD.
    (3) In the following portions of the Sacramento Valley Region, this 
section is rescinded:
    (i) Sacramento County APCD.
    (ii) Yolo-Solano APCD.
    (iii) Shasta County APCD.
    (iv) Placer County APCD (Mountain Counties Air Basin portion).
    (v) Yuba County APCD.
    (vi) Sutter County APCD.
    (vii) El Dorado County (Mountain Counties Air Basin portion).
    (4) This section is rescinded for the San Francisco Bay Area 
Intrastate Region except for paragraph (d), which is retained until 
December 31, 1982 for sources constructed prior to October 2, 1974. The 
following paragraphs, needed for interpretation and enforcement of 
paragraph (d) are also in effect: Paragraphs (e) through (l) and (o) 
through (q) of this section.
    (5) In the following portions of the Sacramento Valley Intrastate 
Region, paragraph (m) of this section is rescinded.
    (i) Butte County APCD.
    (ii) Sutter County APCD.
    (b) No person shall discharge into the atmosphere more than 15 
pounds of organic materials in any 1 day or more than 3 pounds in any 1 
hour from any article, machine, equipment, or other contrivance in which 
any organic solvent or any material containing organic solvent comes 
into contact with flame or is baked, heat-cured, or heat-polymerized in 
the presence of oxygen, unless said discharge has been reduced by at 
least 85 percent. Those portions of any series of articles, machines, 
equipment, or other contrivances designed for processing continuous web, 
strip, or wire that emit organic materials in the course of using 
operations described in this section shall be collectively subject to 
compliance with this section.
    (c) A person shall not discharge to the atmosphere more than 40 
pounds of organic materials in any 1 day or more than 8 pounds in any 1 
hour from any article, machine, equipment, or other contrivance used 
under conditions other than those described in paragraph (b) of this 
section for employing or applying any photochemically reactive solvent, 
as defined in paragraph (k) of this section, or material containing such 
photochemically reactive solvent, unless said discharge has been reduced 
by at least 85 percent. Emissions of organic materials into the 
atmosphere resulting from air- or heated-drying of products for the 
first 12 hours

[[Page 168]]

after their removal from any article, machine, or other contrivance 
described in this section shall be included in determining compliance 
with this paragraph. Emissions resulting from baking, heat-curing, or 
heat-polymerizing as described in paragraph (b) of this section shall be 
excluded from determination of compliance with this section. Those 
portions of any series of articles, machines, equipment, or other 
contrivances designed for processing a continuous web, strip, or wire 
that emit organic materials in the course of using operations described 
in this section shall be collectively subject to compliance with this 
section.
    (d) A person shall not, after August 31, 1976, discharge into the 
atmosphere more than 3,000 pounds of organic materials in any 1 day or 
more than 450 pounds in any 1 hour from any article, machine, equipment, 
or other contrivance in which any non-photochemically reactive organic 
solvent or any material containing such a solvent is employed or 
applied, unless said discharge has been reduced by at least 85 percent. 
Emissions of organic materials into the atmosphere resulting from air- 
or heated-drying of products for the first 12 hours after their removal 
from any article, machine, equipment, or other contrivance described in 
this section shall be included in determining compliance with this 
section. Emissions resulting from baking, heat-curing, or heat-
polymerizing as described in paragraph (b) of this section shall be 
excluded from determination of compliance with this section. Those 
portions of any series of articles, machines, equipment, or other 
contrivances designed for processing a continuous web, strip, or wire 
that emit organic materials in the course of using operations described 
in this section shall be collectively subject to compliance with this 
section.
    (e) Emissions of organic materials to the atmosphere from the 
cleaning with photochemically reactive solvent, as defined in paragraph 
(k) of this section, of any article, machine, equipment, or other 
contrivance described in paragraph (b), (c), or (d) of this section, 
shall be included with the other emissions of organic materials for 
determining compliance with this rule.
    (f) Emissions of organic materials into the atmosphere required to 
be controlled by paragraph (b), (c), or (d) of this section, shall be 
reduced by:
    (1) Incineration, provided that 90 percent or more of the carbon in 
the organic material being incinerated is oxidized to carbon dioxide, or
    (2) Adsorption, or
    (3) Processing in a manner determined by the Administrator to be not 
less effective than the methods outlined in paragraph (f) (1) or (2) of 
this section.
    (g) A person incinerating, adsorbing, or otherwise processing 
organic materials pursuant to this section shall provide, properly 
install and maintain in calibration, in good working order and in 
operation, devices as specified in the authority to construct or permit 
to operate, or as specified by the Administrator, for indicating 
temperatures, pressures, rates of flow, or other operating conditions 
necessary to determine the degree and effectiveness of air pollution 
control.
    (h) Any person using organic solvents or any materials containing 
organic solvents shall supply the Administrator upon request and in the 
manner and form prescribed by him, written evidence of the chemical 
composition, physical properties, and amount consumed for each organic 
solvent used.
    (i) The provisions of this section shall not apply to:
    (1) The manufacture of organic solvents, or the transport or storage 
of organic solvents or materials containing organic solvents.
    (2) The use of equipment for which other requirements are specified 
by rules or which are exempted from air pollution control requirements 
by applicable rules affecting the storage of petroleum products, 
effluent oil-water separators, and the transfer of gasoline.
    (3) The spraying or other employment of insecticides, pesticides, or 
herbicides.
    (4) The employment, application, evaporation, or drying of saturated 
halogenated hydrocarbons or perchloroethylene.
    (5) The use of any material in any article, machine, equipment, or 
other

[[Page 169]]

contrivance described in paragraph (b), (c), (d), or (e) of this 
section, if:
    (i) The volatile content of such materials consists only of water 
and organic solvent, and
    (ii) The organic solvents comprise not more than 20 percent by 
volume of said volatile content, and
    (iii) The volatile content is not photochemically reactive as 
defined in paragraph (k) of this section, and
    (iv) The organic solvent or any material containing organic solvent 
does not come into contact with flame.

This last stipulation applies only for those articles, machines, 
equipment, or contrivances that are constructed or modified after the 
effective date of this section.
    (6) The use of any material in any article, machine, equipment or 
other contrivance described in paragraph (b), (c), (d), or (e) of this 
section, if:
    (i) The organic solvent content of such material does not exceed 30 
percent by volume of said material; this to be effective until January 
1, 1977. After January 1, 1977, the organic solvent content of such 
material must not exceed 20 percent by volume of said material.
    (ii) The volatile content is not photochemically reactive as defined 
in paragraph (k) of this section, and
    (iii) The organic solvent or any material containing organic solvent 
does not come into contact with flame. This last stipulation applies 
only for those articles, machines, equipment, or contrivances that are 
constructed or modified after the effective date of this section.
    (j) For the purposes of this section, organic solvents include 
diluents, thinners, and reducers and are defined as organic materials 
that are liquids at standard conditions and are used as dissolvers, 
viscosity reducers, or cleaning agents, except that such materials 
exhibiting a boiling point higher than 220 deg. F at 0.5 millimeter 
mercury absolute pressure or having an equivalent vapor pressure shall 
not be considered to be solvents unless exposed to temperatures 
exceeding 220 deg. F.
    (k) For the purpose of this section, a photochemically reactive 
solvent is any solvent with an aggregate of more than 20 percent of its 
total volume composed of the chemical compounds classified below or 
which exceeds any of the following individual percentage composition 
limitations, referred to the total volume of solvent:
    (1) A combination of hydrocarbons, alcohols, aldehydes, esters, 
ethers, or ketones having an olefinic or cycloolefinic type of 
unsaturation; 5 percent;
    (2) A combination of aromatic compounds with 8 or more carbon atoms 
to the molecule except ethylbenzene, phenyl acetate, and methyl 
benzoate; 8 percent;
    (3) A combination of ethylbenzene, ketones having branched 
hydrocarbon structures, trichloroethylene or toluene: 20 percent.

Whenever any organic solvent or any constituent of an organic solvent 
may be classified from its chemical structure into more than one of the 
above groups of organic compounds, it shall be considered as a member of 
the most reactive chemical group, that is, that group having the least 
allowable percent of the total volume of solvents.
    (l) For the purpose of this section, organic materials are defined 
as chemical compounds of carbon excluding carbon monoxide, carbon 
dioxide, carbonic acid, metallic carbonates, and ammonium carbonate.
    (m) Architectural coatings and their use shall conform to the 
following requirements, on or before January 1, 1975:
    (1) A person shall not sell or offer for sale or use in the areas in 
which this section applies, in containers of 1-quart capacity or larger, 
any architectural coating containing photochemically reactive solvent, 
as defined in paragraph (k) of this section.
    (2) A person shall not employ, apply, evaporate, or dry in the areas 
in which this section applies, any architectural coating purchased in 
containers of 1-quart capacity or larger containing photochemically 
reactive solvent, as defined in paragraph (k) of this section.
    (3) A person shall not thin or dilute any architectural coating with 
a photochemically reactive solvent, as defined in paragraph (k) of this 
section.
    (4) For the purpose of this section, an architectural coating is 
defined as a

[[Page 170]]

coating used for residential or commercial buildings and their 
appurtenances, or for industrial buildings.
    (n) A person shall not during any one day dispose of a total of more 
than 1.5 gallons of any photochemically reactive solvent as defined in 
paragraph (k) of this section, or of any material containing more than 
1.5 gallons of any such photochemically reactive solvent by any means 
that will permit the evaporation of such solvent into the atmosphere.
    (o) Compliance schedule. (1) Except where other final compliance 
dates are provided in this section, the owner or operator of any 
stationary source subject to this section shall comply with this section 
on or before March 31, 1974. In any event:
    (i) Any owner or operator in compliance with this section on the 
effective date of this section shall certify such compliance to the 
Administrator no later than 120 days following the effective date of 
this section.
    (ii) Any owner or operator who achieves compliance with this section 
after the effective date of this section shall certify such compliance 
to the Administrator within 5 days of the date compliance is achieved.
    (p) Any owner or operator of a stationary source subject to 
paragraph (o)(1) of this section may, not later than 120 days following 
the effective date of this section, submit to the Administrator for 
approval a proposed compliance schedule that demonstrates compliance 
with the provisions in paragraph (o)(1) of this section as expeditiously 
as practicable but no later than July 31, 1975. The compliance schedule 
shall provide for increments of progress toward compliance. The dates 
for achievement of such increments of progress shall be specified. 
Increments of progress shall include, but not be limited to:

Submittal of a final control plan to the Administrator; letting of 
necessary contracts for construction or process changes or issuance of 
orders for the purchase of component parts to accomplish emission 
control or process modification; initiation of onsite construction or 
installation of emission control equipment or process modification; 
completion of onsite construction or installation of emission control 
equipment or process modification and final compliance.
    (q) Any owner or operator who submits a compliance schedule pursuant 
to this section shall, within 5 days after the deadline for each 
increment of progress, certify to the Administrator whether or not the 
required increment of the approved compliance schedule has been met.

[38 FR 31249, Nov. 12, 1973]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.254, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.255   Gasoline transfer vapor control.

    (a) ``Gasoline'' means any petroleum distillate having a Reid vapor 
pressure of 4 pounds or greater.
    (b) This section is applicable in the Metropolitan Los Angeles and 
Sacramento Valley Intrastate Air Quality Control Regions, as described 
in 40 CFR part 81, dated July 1, 1979, with the following exceptions:
    (1) The control requirements of this section are limited to 
facilities with a total throughput less than 20,000 gallons per day, the 
refilling of delivery vessels at these facilities, and storage 
containers serviced by these facilities for those air pollution control 
districts identified below.
    (i) Ventura County APCD.
    (2) The control requirements of this section are rescinded in the 
following air pollution control districts.
    (i) South Coast AQMD.
    (ii) Santa Barbara County APCD.
    (iii) Placer County APCD (Mountain Counties Air Basin portion).
    (iv) Sacramento County APCD.
    (v) Yolo-Solano County APCD.
    (vi) Butte County APCD.
    (vii) Glenn County APCD.
    (viii) El Dorado County APCD (Mountain Counties Air Basin portion).
    (3) The control requirements of this section are rescinded in the 
following air pollution control districts:
    (i) South Coast AQMD.
    (ii)-(viii) [Reserved]
    (ix) Santa Barbara County APCD.
    (x) Placer County APCD (Mountain Counties Air Basin portion).
    (xi) Sacramento County APCD.

[[Page 171]]

    (xii) Yolo-Solano County APCD.
    (xiii) Butte County APCD.
    (xiv) Glenn County APCD.
    (c) No person shall transfer gasoline from any delivery vessel into 
any stationary storage container with a capacity greater than 250 
gallons unless such container is equipped with a submerged fill pipe and 
unless the displaced vapors from the storage container are processed by 
a system that prevents release to the atmosphere of no less than 90 
percent by weight of organic compounds in said vapors displaced from the 
stationary container location.
    (1) The vapor recovery portion of the system shall include one or 
more of the following:
    (i) A vapor-tight return line from the storage container to the 
delivery vessel and a system that will ensure that the vapor return line 
is connected before gasoline can be transferred into the container.
    (ii) Refrigeration-condensation system or equivalent designed to 
recover no less than 90 percent by weight of the organic compounds in 
the displaced vapor.
    (2) If a ``vapor-tight vapor return'' system is used to meet the 
requirements of this section, the system shall be so constructed as to 
be readily adapted to retrofit with an adsorption system, refrigeration-
condensation system, or equivalent vapor removal system, and so 
constructed as to anticipate compliance with Sec. 52.256.
    (3) The vapor-laden delivery vessel shall be subject to the 
following conditions:
    (i) The delivery vessel must be so designed and maintained as to be 
vapor-tight at all times.
    (ii) The vapor-laden delivery vessel may be refilled only at 
facilities equipped with a vapor recovery system or the equivalent, 
which can recover at least 90 percent by weight of the organic compounds 
in the vapors displaced from the delivery vessel during refilling.
    (iii) Facilities that do not have more than a 20,000 gallon per day 
throughput, and distribute less than 10% of daily volume to delivery 
vehicles that in turn service storage tanks that are required to have a 
vapor return or balance system, will not be required to comply with the 
provisions of paragraph (c) of this section before May 31, 1977. 
Facilities that service delivery vehicles that in turn deliver not more 
than 500,000 gallons per year to storage tanks that are required to 
comply with the provisions of paragraph (c) of this section will not be 
required to comply with the provisions of paragraph (c) of this section 
before January 1, 1977. Facilities that exclusively service storage 
tanks that do not have a required vapor return or balance system, will 
not be required to have a vapor recovery system.
    (iv) Gasoline storage compartments of 1,000 gallons or less in 
gasoline delivery vehicles presently in use on the promulgation date of 
this regulation will not be required to be retrofitted with a vapor 
return system until May 31, 1977.
    (v) Storage containers served by delivery vessels filled at 
distribution facilities with extended compliance dates will not be 
required to comply with the provisions of paragraph (c) of this section 
until May 31, 1977.
    (d) The provisions of paragraph (c) of this section shall not apply 
to the following:
    (1) Storage containers used primarily for the fueling of implements 
of husbandry, if such container is equipped by May 31, 1977 with a 
permanent submerged fill pipe, or at the time of installation for 
containers installed after this date.
    (2) Any storage container having a capacity of 2,000 gallons or less 
and installed prior to July 1, 1975, if such container is equipped with 
a permanent submerged fill pipe by May 31, 1977.
    (3) Transfer made to storage tanks equipped with floating roofs or 
their equivalent.
    (4) Storage containers installed after July 1, 1975 in Kings County.
    (5) Storage containers installed after January 1, 1975 in Madera 
County.
    (e) Compliance schedule:
    (1) June 1, 1974--Submit to the Administrator a final control plan, 
which describes at a minimum the steps that will be taken by the source 
to achieve compliance with the provisions of paragraph (c) of this 
section.
    (2) March 1, 1975--Negotiate and sign all necessary contracts for 
emission

[[Page 172]]

control systems, or issue orders for the purchase of component parts to 
accomplish emission control.
    (3) May 1, 1975--Initiate on-site construction or installation of 
emission control equipment.
    (4) February 1, 1976--Complete on-site construction or installation 
of emission control equipment.
    (5) July 1, 1976--Assure final compliance with the provisions of 
paragraph (c) of this section.
    (6) Any owner or operator of sources subject to the compliance 
schedule in this paragraph shall certify to the Administrator, within 5 
days after the deadline for each increment of progress, whether or not 
the required increment of progress has been met.
    (f) Paragraph (e) of this section shall not apply:
    (1) To a source which is presently in compliance with the provisions 
of paragraph (c) of this section and which has certified such compliance 
to the Administrator by June 1, 1974. The Administrator may request 
whatever supporting information he considers necessary for proper 
certification.
    (2) To a source for which a compliance schedule is adopted by the 
State and approved by the Administrator.
    (3) To a source whose owner or operator submits to the 
Administrator, by June 1, 1974, a proposed alternative schedule. No such 
schedule may provide for compliance after March 1, 1976. If promulgated 
by the Administrator, such schedule shall satisfy the requirements of 
this section for the affected source.
    (g) Nothing in this section shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (e) of this section fails to 
satisfy the requirements of Secs. 51.261 and 51.262(a) of this chapter.
    (h) Any gasoline-dispensing facility subject to this section that 
installs a storage tank after the effective date of this section shall 
comply with the requirements of paragraph (c) of this section by March 
1, 1976 and prior to that date shall comply with paragraph (e) of this 
section as far as possible. Any facility subject to this section that 
installs a storage tank after March 1, 1976, shall comply with the 
requirements of paragraph (c) of this section at the time of 
installation.

[38 FR 31251, Nov. 12, 1973]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.255, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.256   Control of evaporative losses from the filling of vehicular tanks.

    (a) ``Gasoline'' means any petroleum distillate having a Reid vapor 
pressure of 4 pounds or greater.
    (b) This section is applicable in the Metropolitan Los Angeles and 
Sacramento Valley Intrastate Air Quality Control Regions, except as 
follows:
    (1) In the following portions of the Metropolitan Los Angeles 
Intrastate Region, this section is rescinded.
    (i) South Coast AQMD.
    (ii) Santa Barbara County APCD.
    (2) In the following portions of the San Joaquin Valley Intrastate 
Region, this section is rescinded.
    (i) Kings County APCD.
    (3) In the following portion of the Sacramento Valley Intrastate 
Region, this section is rescinded.
    (i) Sacramento County APCD.
    (ii) El Dorado County APCD (Mountain Counties Air Basin portion).
    (iii) Placer County APCD (Mountain Counties Air Basin portion).
    (c) A person shall not transfer gasoline to an automotive fuel tank 
from a gasoline dispensing system unless the transfer is made through a 
fill nozzle designed to:
    (1) Prevent discharge of hydrocarbon vapors to the atmosphere from 
either the vehicle filler neck or dispensing nozzle;
    (2) Direct vapor displaced from the automotive fuel tank to a system 
wherein at least 90 percent by weight of the organic compounds in 
displaced vapors are recovered; and
    (3) Prevent automotive fuel tank overfills or spillage on fill 
nozzle disconnect.
    (d) The system referred to in paragraph (c) of this section can 
consist of a vapor-tight vapor return line from the fill nozzle/filler 
neck interface to

[[Page 173]]

the dispensing tank or to an adsorption, absorption, incineration, 
refrigeration-condensation system or its equivalent.
    (e) Components of the systems required by paragraph (c) of 
Sec. 52.255 can be used for compliance with paragraph (c) of this 
section.
    (f) If it is demonstrated to the satisfaction of the Administrator 
that it is impractical to comply with the provisions of paragraph (c) of 
this section as a result of vehicle fill neck configuration, location, 
or other design features for a class of vehicles, the provisions of this 
paragraph shall not apply to such vehicles. However, in no case shall 
such configuration exempt any gasoline dispensing facility from 
installing and using in the most effective manner a system required by 
paragraph (c) of this section.
    (g) Compliance schedule:
    (1) January 1, 1975--Submit to the Administrator a final control 
plan, which describes at a minimum the steps that will be taken by the 
source to achieve compliance with the provisions of paragraph (c) of 
this section.
    (2) March 1, 1975--Negotiate and sign all necessary contracts for 
emission control systems, or issue orders for the purchase of component 
parts to accomplish emission control.
    (3) May 1, 1975--Initiate on-site construction or installation of 
emission control equipment. Compliance with the requirements of 
paragraph (c) of this section shall be as soon as practicable, but no 
later than specified in paragraphs (g) (4) and (5)of this section.
    (4) May 1, 1977--Complete on-site construction or installation of 
emission control equipment or process modification.
    (5) May 31, 1977--Assure final compliance with the provisions of 
paragraph (c) of this section.
    (6) Any owner or operator of sources subject to the compliance 
schedule in this paragraph (g) shall certify to the Administrator, 
within 5 days after the deadline for each increment of progress, whether 
or not the required increment of progress has been met.
    (h) Paragraph (g) of this section shall not apply:
    (1) To a source which is presently in compliance with the provisions 
of paragraph (c) of this section and which has certified such compliance 
to the Administrator by January 1, 1975. The Administrator may request 
whatever supporting information he considers necessary for proper 
certification.
    (2) To a source for which a compliance schedule is adopted by the 
State and approved by the Administrator.
    (3) To a source whose owner or operator submits to the 
Administrator, by June 1, 1974, a proposed alternative schedule. No such 
schedule may provide for compliance after May 31, 1977. If promulgated 
by the Administrator, such schedule shall satisfy the requirements of 
this section for the affected source.
    (i) Nothing in this section shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (g) of this section fails to 
satisfy the requirements of Secs. 51.261 and 51.262(a) of this chapter.
    (j) Any gasoline dispensing facility subject to this section that 
installs a gasoline dispensing system after the effective date of this 
section shall comply with the requirements of paragraph (c) of this 
section by May 31, 1977, and prior to that date shall comply with 
paragraph (g) of this section as far as possible. Any facility subject 
to this section that installs a gasoline dispensing system after May 31, 
1977, shall comply with the requirements of paragraph (c) of this 
section at the time ofinstallation.

[38 FR 31251, Nov. 12, 1973, as amended at 39 FR 4881, Feb. 8, 1974; 39 
FR 21053, June 18, 1974; 46 FR 5979, Jan. 21, 1981; 46 FR 60203, Dec. 9, 
1981; 47 FR 19332, May 5, 1982; 47 FR 19698, May 7, 1982; 47 FR 28622, 
July 1, 1982; 47 FR 29538, July 7, 1982; 51 FR 40676, Nov. 7, 1986]

    Editorial Note: The compliance dates given in paragraphs (g) (1) 
through (3) were deferred indefinitely at 40 FR 1127, Jan. 6, 1975.
Secs. 52.257--52.262  [Reserved]



Sec. 52.263   Priority treatment for buses and carpools--Los Angeles Region.

    (a) Definitions: (1) ``Carpool'' means a vehicle containing three or 
more persons.

[[Page 174]]

    (2) ``Bus/carpool lane'' means a lane on a street or highway open 
only to buses (or to buses and carpools), whether constructed especially 
for that purpose or converted from existing lanes.
    (3) ``Preferential treatment'' for any class of vehicles, means 
either the setting aside of one traffic lane for the exclusive use of 
such vehicles or other measures (for example, access metering or setting 
aside the entire street), which the Administrator finds would be at 
least equal in VMT reduction effect to the establishment of such a lane.
    (b) This regulation is applicable in the Metropolitan Los Angeles 
Intrastate Air Quality Control Region (the ``Region'').
    (c) On or before May 31, 1974, the State of California, through the 
State Department of Transportation or through other agencies to which 
legal authority has been delegated, shall establish the following system 
of bus/carpool lanes.
    (1) Ventura/Hollywood Corridor--a concurrent flow exclusive bus/
carpool lane from Topanga Canyon Boulevard, Woodland Hills (U.S. 101) to 
junction of the Hollywood Freeway, and contraflow on the Hollywood 
Freeway (U.S. 101) from the junction with Ventura Freeway in North 
Hollywood to Vermont Avenue, and bus preferential treatment on arterial 
surface streets from Vermont Avenue to the Los Angeles central business 
district (CBD).
    (2) Harbor Freeway Corridor--contraflow on Harbor Freeway 
(California 11) from vicinity of Pacific Coast Highway, in Wilmington, 
to junction of Santa Monica Freeway (I-10), then by surface street 
preferential treatment to LA/CBD.
    (3) Wilshire Corridor--surface street preferential bus treatment 
from vicinity of San Vincente Boulevard, to LA/CBD.
    (4) San Bernardino Freeway Corridor-Bus/carpool lane, either 
contraflow, or concurrent flow on San Bernardino Freeway from El Monte 
terminus of existing San Bernardino Freeway bus lane (I-10), to vicinity 
of Ontario Airport.
    (5) Priority Treatment in CBD--provide preferential treatment in CBD 
on surface streets to connect Wilshire and San Bernardino corridors.
    (d) On or before May 31, 1976, the State of California, through the 
State Department of Transportation or other agencies to which legal 
authority has been delegated, shall establish the following system of 
bus and bus/carpool lanes:
    (1) Contraflow lane on the Golden State Freeway (I-5) from junction 
of Ventura Freeway (California 134) in Los Angeles to San Bernardino 
Freeway (I-10).
    (2) Contraflow on Pasadena Freeway (California 11) from terminus in 
City of Pasadena to Hollywood Freeway (U.S. 101).
    (3) Contraflow on Pomona Freeway from San Gabriel Freeway (I-605) to 
Santa Ana Freeway (I-5).
    (4) Concurrent flow in San Diego Freeway (I-405) from Ventura 
Freeway (U.S. 101) in Sherman Oaks to Newport Freeway (California 55), 
Costa Mesa.
    (5) Concurrent flow on Long Beach Freeway (California 7) from Santa 
Ana Freeway (I-5), City of Commerce to San Diego Freeway (I-405), Long 
Beach.
    (6) Artesia Freeway (California 91) from Santa Ana Freeway (I-5) to 
Long Beach Freeway (California 7), Long Beach.
    (e) State III will include specific routes in other portions of the 
Region.
    (f) On or before December 31, 1973, the State of California shall 
submit to the Administrator a compliance schedule showing the steps it 
will take to establish the system of bus/carpool lanes required by 
paragraphs (c) and (d) of this section, with each schedule to include 
the following:
    (1) A schedule for the establishment of the lanes. The schedule for 
the lanes required by paragraph (d) of this section shall provide for 
the first such lane to be set aside no later than June 1, 1974.
    (2) Bus/carpool lanes must be prominently indicated by overhead 
signs at appropriate intervals and at each intersection of entry ramps.
    (3) Bus/carpool lanes must be prominently indicated by distinctive 
painted, pylon, or physical barriers.

[[Page 175]]

    (4) Vehicles using a bus/carpool lane shall have the right of way 
when crossing other portions of the road to enter or leave such lanes.
    (5) At a minimum, the bus/carpool lanes so set aside shall operate 
from 6:30 a.m. to 9:30 a.m. and from 3:30 to 6:30 a.m. each weekday.
    (g) No deviation from the system of bus/carpool lanes required under 
paragraphs (c) and (d) of this section shall be permitted except upon 
application made by the State of California to the Administrator at the 
time of submittal of compliance schedules and approved by him, which 
application must contain a satisfactory designation of alternate routes 
for the establishment of such lanes.

[38 FR 31254, Nov. 12, 1973]
Secs. 52.264-52.268  [Reserved]



Sec. 52.269   Control strategy and regulations: Photochemical oxidants (hydrocarbons) and carbon monoxide.

    (a) The requirements of subpart G of this chapter are not met 
because the plan does not provide for attainment and maintenance of the 
national standards for photochemical oxidants (hydrocarbons) and carbon 
monoxide in the San Francisco Bay Area, San Diego, Sacramento Valley, 
San Joaquin Valley, and Southeast Desert Intrastate Regions by May 31, 
1975.
    (b) The following regulatory changes represent a relaxation of 
previously submitted regulations, and an adequate control strategy 
demonstration has not been submitted showing that the relaxation would 
not interfere with the attainment and maintenance of the national 
standards for photochemical oxidants.
    (1) Mountain Counties Intrastate Region.
    (i) Calaveras County APCD.
    (A) The revocation of Rule 412, Organic Liquid Loading, is 
disapproved. Rule 412 submitted on June 30, 1972 and previously approved 
in 40 CFR 52.223 is retained.
    (B) The revocation of Rule 413, Effluent Oil Water Separators, is 
disapproved; and Rule 413 submitted on June 30, 1972 and previously 
approved in 40 CFR 52.223 is retained.
    (ii) Tuolumne County APCD.
    (A) The revocation of Rule 413, Organic Liquid Loading, is 
disapproved; and Rule 413 submitted on June 30, 1972 and previously 
approved in 40 CFR 52.223 is retained.
    (B) The revocation of Rule 414, Effluent Oil Water Separators, is 
disapproved; and Rule 414 submitted on June 30, 1972 and previously 
approved in 40 CFR 52.223 is retained.
    (C) The revocation of Rule 413, Organic Liquid Loadings, submitted 
February 10, 1977, is disapproved; and the previously approved Rule 413 
submitted on June 30, 1972 remains in effect.
    (D) The revocation of Rule 414, Effluent Oil Water Separators, 
submitted on February 10, 1977, is disapproved; and the previously 
approved Rule 414 submitted on June 30, 1972, remains in effect.
    (1-1) San Joaquin Valley Intrastate Region.
    (i) Stanislaus County APCD.
    (A) Rule 411.1, submitted on November 4, 1977, is disapproved. Rule 
411.1 submitted on April 21, 1976 remains in effect.
    (ii) Merced County APCD.
    (A) Rule 411.1, submitted on November 4, 1977, is disapproved. Rule 
411.1, submitted on August 2, 1976, remains in effect.
    (iii) Fresno County APCD.
    (A) Rules 411.1, Gasoline Transfer Into Vehicle Fuel Tanks, 
submitted on November 4, 1977, is disapproved; and Rule 411.1 submitted 
on April 21, 1976, and previously approved under 40 CFR 52.223, is 
retained.
    (iv) Tulare County APCD.
    (A) Section 412.1, Transfer of Gasoline Into Vehicle Fuel Tanks, 
submitted on October 13, 1977, is disapproved; and Section 412.1, 
submitted on April 21, 1976, and previously approved under 40 CFR 
52.223, is retained.
    (v) Madera County APCD.
    (A) Rule 412.1, Transfer of Gasoline Into Stationary Storage 
Containers, submitted on October 13, 1977, is disapproved; and Rules 
411, Gasoline Storage and 411.1, Transfer of Gasoline Into Stationary 
Storage Containers, submitted on June 30, 1972, and April 10, 1976, 
respectively, and previously approved under 40 CFR 52.223 are retained.
    (vi) San Joaquin County APCD.

[[Page 176]]

    (A) Rule 411.2, Transfer of Gasoline Into Vehicle Fuel Tanks, 
submitted on November 4, 1977, is disapproved; and rule 411.2, submitted 
on February 10, 1976 and previously approved under 40 CFR 52.223, is 
retained.
    (2) Sacramento Valley intrastate region:
    (i) Sacramento County APCD.
    (A) Rule 13 submitted on November 4, 1977, is disapproved.
    (ii) Placer County APCD.
    (A) Rule 218, Architectural Coatings, adopted on May 20, 1985 and 
submitted to EPA on February 10, 1986 is disapproved. The version of 
this rule by the same number and title submitted on July 19, 1983 and 
approved by EPA on May 3, 1984 is retained.
    (iii) Sutter County APCD.
    (A) Rule 3.15, Architectural Coatings, adopted on October 15, 1985 
and submitted to EPA on February 10, 1986 is disapproved. The version of 
this rule by the same number and title submitted on January 1, 1981 and 
approved by EPA on May 3, 1982 is retained.
    (3) Southeast Desert Intrastate AQCR.
    (i) Los Angeles County APCD.
    (A) Regulation IV, rule 465, Vacuum Producing Devices or Systems, 
submitted on June 6, 1977, is disapproved. Rule 74 with the same title, 
submitted on June 6, 1977, is disapproved. Rule 69 with the same title, 
submitted on June 30, 1972 and approved under 40 CFR 52.223, is 
retained.
    (ii) Riverside County APCD.
    (A) Regulation IV, rule 465, Vacuum Producing Devices or Systems, 
submitted on June 6, 1977, is disapproved. Rule 74 with the same title, 
submitted on June 30, 1972 and approved under 40 CFR 52.223, is 
retained.
    (B) Rule 461, Gasoline Transfer and Dispensing, submitted November 
4, 1977, is disapproved. The version of this rule submitted on April 21, 
1977 (same number and title), which was previously approved in 40 CFR 
52.223, is retained.
    (4) Great Basin Valleys Intrastate Region.
    (i) Great Basin Unified APCD.
    (A) Rule 418 submitted on November 4, 1977, is disapproved. Rule 418 
submitted on April 21, 1976 remains in effect.
    (B) Rule 419, Gasoline Loading into Stationary Tanks, submitted on 
June 22, 1978, is disapproved, and rule 419, submitted April 21, 1976, 
and previously approved in 40 CFR 52.223, is retained.
    (c) The following rules and regulations are disapproved because they 
represent a relaxation of promulgated EPA regulations, and an adequate 
control strategy demonstration has not been submitted showing that the 
relaxation would not interfere with the attainment and maintenance of 
the national standrds for photochemical oxidants:
    (1) Sacramento Valley Intrastate AQCR.
    (i) Yolo-Solano APCD.
    (A) Rules 2.21(b)(1), 2.21(b)(2), 2.21(b)(4), 2.21(b)(5) and 
2.21(b)(6), submitted on June 6, 1977.
    (d) Imperial County APCD Rule 415, Gasoline Loading from Tank Trucks 
and Trailers, submitted by the State on November 4, 1977 is approved as 
applicable to facilities installed after July 1, 1977. District Rule 
125, Gasoline Loading into Tank Trucks and Trailers and Rule 129, 
Gasoline loading into Tanks, submitted on February 21, 1972 and 
previously approved under 40 CFR 52.223 are retained as part of the 
State implementation plan, as applicable to facilities installed prior 
to July 1, 1977.
    (e) The emission reduction credits for the following control 
measures contained in Ventura County's 1982 Ozone nonattainment area 
plan, submitted by the Governor's designee on December 31, 1982, are 
disapproved since the control measures are of an intermittent and 
voluntary nature and are therefore not approvable under Sections 
110(a)(2)(F)(v) and 123 of the Clean Air Act: R-38/N-16, ``No Use Day''; 
R-39/N-17, ``No Drive Day''; R-40, ``No Spray Day''; R-41/N-18 
``Stationary Source Curtailments.''

[38 FR 16564, June 22, 1973. Redesignated at 40 FR 3767, Jan. 24, 1975]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.269, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.270  Significant deterioration of air quality.

    (a) With the exception of the areas listed in paragraph (b) of this 
section:

[[Page 177]]

    (1) The requirements of Sections 160 through 165 of the Clean Air 
Act are not met in California.
    (2) The plan does not include approvable procedures for preventing 
the significant deterioration of air quality.
    (3) The provisions of Sec. 52.21(b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of California.
    (b) District PSD Plans. (1) The PSD rules for the Sacramento County 
Air Pollution Control District are approved under Part C, Subpart 1, of 
the Clean Air Act. However, EPA is retaining authority to apply 
Sec. 52.21 in certain cases. The provisions of Sec. 52.21 (b) through 
(w) are therefore incorporated and made a part of the state plan for 
California for the Sacramento County Air Pollution Control District for:
    (i) Those cogeneration and resource recovery projects which are 
major stationary sources or major modifications under Sec. 52.21 and 
which would cause violations of PSD increments.
    (ii) Those projects which are major stationary sources or major 
modifications under Sec. 52.21 and which would either have stacks taller 
than 65 meters or would use ``dispersion techniques'' as defined in 
Sec. 51.1.
    (iii) Sources for which EPA has issued permits under Sec. 52.21, 
including the following permit and any others for which applications are 
received by June 19, 1985.

    Procter & Gamble, SAC 83-01, 5/6/83.

    (2) The PSD rules for the North Coast Unified Air Quality Management 
District are approved under Part C, Subpart 1, of the Clean Air Act. 
However, EPA is retaining authority to apply Sec. 52.21 in certain 
cases. The provisions of Sec. 52.21 (b) through (w) are therefore 
incorporated and made a part of the state plan for California for the 
North Coast Unified Air Quality Management District for:
    (i) Those cogeneration and resource recovery projects which are 
major stationary sources or major modifications under Sec. 52.21 and 
which would cause violations of PSD increments.
    (ii) Those projects which are major stationary sources of major 
modifications under Sec. 52.21 and which would either have stacks taller 
than 65 meters or would use ``dispersion techniques'' as defined in 
Sec. 51.1.
    (iii) Sources for which EPA has issued permits under Sec. 52.21, 
including the following permits and any others for which applications 
are received by July 31, 1985;
    (A) Arcata Lumber Co. (NC 78-01; November 8, 1979),
    (B) Northcoast Paving (NC 79-03; July 5, 1979),
    (C) PG&E Buhne Pt. (NC 77-05).
    (3) The PSD rules for the Mendocino County Air Pollution Control 
District are approved under Part C, Subpart 1, of the Clean Air Act. 
However, EPA is retaining authority to apply Sec. 52.21 in certain 
cases. The provisions of Sec. 52.21 (b) through (w) are therefore 
incorporated and made a part of the state plan for California for the 
Mendocino County Air Pollution Control District for:
    (i) Those cogeneration and resource recovery projects which are 
major stationary sources or major modifications under Sec. 52.21 and 
which would cause violations of PSD increments.
    (ii) Those projects which are major stationary sources or major 
modifications under Sec. 52.21 and which would either have stacks taller 
than 65 meters or would use ``dispersion techniques'' as defined in 
Sec. 51.1.
    (iii) Any sources for which EPA has issued permits under Sec. 52.21, 
including any permits for which applications are received by July 31, 
1985.
    (4) The PSD rules for the Northern Sonoma County Air Pollution 
Control District are approved under Part C, Subpart 1, of the Clean Air 
Act. However, EPA is retaining authority to apply Sec. 52.21 in certain 
cases. The provisions of Sec. 52.21 (b) through (w) are therefore 
incorporated and made a part of the state plan for California for the 
Northern Sonoma County Air Pollution Control District for:
    (i) Those cogeneration and resource recovery projects which are 
major stationary sources or major modifications under Sec. 52.21 and 
which would cause violations of PSD increments.
    (ii) Those projects which are major stationary sources or major 
modifications under Sec. 52.21 and which would either have stacks taller 
than 65 meters

[[Page 178]]

or would use ``dispersion techniques'' as defined in Sec. 51.1.
    (iii) Any sources for which EPA has issued permits under Sec. 52.21, 
including any permits for which applications are received by July 31, 
1985.

[50 FR 25419, June 19, 1985, as amended at 50 FR 30943, July 31, 1985]



Sec. 52.271  Malfunction regulations.

    (a) The following regulations are disapproved because they would 
permit the exemption of sources from the applicable emission limitations 
and therefore do not satisfy the enforcement imperatives of section 110 
of the Clean Air Act.
    (1) Amador County APCD.
    (i) Rule 404, submitted on April 21, 1976.
    (ii) Rule 4f, submitted on June 30, 1972, and previously approved 
under 40 CFR 52.223 (37 FR 19812).
    (2) Bay Area APCD.
    (i) Regulation 2, Section 3212, and Regulation 3, Section 3203, 
submitted on April 21, 1976.
    (ii) Regulation 2, Section 3212, submitted on February 21, 1972, and 
previously approved under 40 CFR 52.223 (37 FR 10842).
    (3) Calaveras County APCD.
    (i) Rules 110 and 402(f), submitted on July 25, 1973.
    (ii) Rule 404, submitted on October 13, 1977.
    (4) Colusa County APCD.
    (i) Rule 4.4g, submitted on July 25, 1973, and Rule 4.4g, submitted 
on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 
19812).
    (5) Del Norte County APCD.
    (i) Rule 540, submitted on November 10, 1976.
    (ii) Rule 45, submitted on February 21, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 10842).
    (6) Fresno County APCD.
    (i) Rule 110, submitted on June 30, 1972, and previously approved 
under 40 CFR 52.223.
    (ii) Rules 110 and 402(f), submitted on October 23, 1974.
    (7) Glenn County APCD.
    (i) Rules 95.2 and 95.3, submitted on January 10, 1975.
    (8) Great Basin Unified APCD.
    (i) Rule 403, submitted on June 6, 1977.
    (ii) Rule 617, submitted on November 4, 1977.
    (9) Humboldt County APCD.
    (i) Rule 540, Submitted on November, 10, 1976.
    (ii) Rule 59, Submitted on February 21, 1972 and previously approved 
under 40 CFR 52.223 (37 FR 10842).

    Editorial Note: At 46 FR 27118, May 18, 1981, the following 
paragraph (a)(9) was added to Sec. 52.271.

    (9) Monterey Bay Unified APCD.
    (i) Rule 214, submitted on March 4, 1980.
    (ii) Rule 617, submitted on May 23, 1979.
    (10) Kern County APCD.
    (i) Rule 111, submitted on July 19, 1974.
    (11) Kings County APDC.
    (i) Rule 111, submitted on July 25, 1973, and Rule 111, submitted on 
July 30, 1972, and previously approved under 40 CFR 52.223.
    (ii) Rule 111, submitted on November 4, 1977.
    (12) Lake County APCD.
    (i) Chapter III, Article I, Section 500, and Article II, Sections 
510 and 511, submitted on February 10, 1977.
    (ii) Part VI, Sections 1 and 2, submitted on June 30, 1972, and 
previously approved under 40 CFR 52.223.
    (13) Los Angeles County APCD.
    (i) Rule 430, submitted on June 6, 1977.
    (14) Madera County APCD.
    (i) Rule 402(f), submitted on January 10, 1975, and Rule 110, 
submitted on June 30, 1972, and previously approved under 40 CFR 52.223.
    (ii) Rule 110, submitted on January 10, 1975.
    (15) Mariposa County APCD.
    (i) Rule 203(j), submitted on January 10, 1975, and Rule 4.3(g), 
submitted on February 21, 1972, and previously approved under 40 CFR 
52.223.
    (ii) Rule 404, submitted on June 6, 1977.
    (16) Mendocino County APCD.
    (i) Rule 540, submitted on November 10, 1976.
    (ii) Sections 1 and 2 of Part VI, submitted on February 21, 1972, 
and previously approved under 40 CFR 52.223 (37 FR 10842).
    (17) Merced County APCD.

[[Page 179]]

    (i) Rule 109, submitted on August 2, 1976.
    (ii) Rule 109, submitted on June 30, 1972, and previously approved 
under 40 CFR 52.223 (37 FR 19812).
    (18) Nevada County APCD.
    (i) Rule 55(f), submitted on February 21, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 10842).
    (19) Northern Sonoma County APCD.
    (i) Rule 540, submitted on November 10, 1976.
    (20) Placer County APCD.
    (i) Rule 55(f), submitted on February 21, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 10842).
    (ii) Rule 404, submitted on October 13, 1977.
    (21) Plumas County APCD.
    (i) Rule 203(j), submitted on January 10, 1975.
    (ii) Rule 404, submitted on June 6, 1977.
    (22) Riverside County APCD.
    (i) Rule 430, submitted on June 6, 1977.
    (23) San Bernardino County APCD.
    (i) Rule 430, submitted on June 6, 1977.
    (ii) Rule 55, submitted on February 21, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 10842).
    (24) San Joaquin County APCD.
    (i) Rule 110, submitted on October 23, 1974, and Rule 110, submitted 
on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 
19812).
    (25) San Luis Obispo County APCD.
    (i) Rule 107, submitted on November 10, 1976.
    (ii) Rule 102, submitted on February 21, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 10842).
    (26) Shasta County APCD.
    (i) Rule 3:10, submitted on July 19, 1974.
    (ii) Rule 3:10, submitted on June 30, 1972, and previously approved 
under 40 CFR 52.223 (37 FR 19812).
    (27) Sierra County APCD.
    (i) Rule 51, submitted on June 30, 1972, and previously approved 
under 40 CFR 52.223 (37 FR 19812), and Rule 203(j), submitted on January 
10, 1975, and previously approved under 40 CFR 52.223 (42 FR 23805).
    (ii) Rule 404, submitted on June 6, 1977.
    (28) Southern California APCD.
    (i) Rule 430, submitted on February 10, 1977.
    (29) Stanislaus County APCD.
    (i) Rule 110, submitted on June 30, 1972, and previously approved 
under 40 CFR 52.223 (37 FR 19812), and Rule 110, submitted on July 19, 
1974.
    (30) Tehama County APCD.
    (i) Rule 417, submitted on July 19, 1974.
    (ii) Rule 4:1g, submitted on June 30, 1972, and previously approved 
under 40 CFR 52.223 (37 FR 19812).
    (31) Trinity County APCD.
    (i) Rule 540, submitted on November 10, 1976.
    (ii) Rule 44, submitted on June 30, 1972, and previously approved 
under 40 CFR 52.223 (37 FR 19812).
    (32) Tulare County APCD.
    (i) Rules 111 and 402(f), submitted on November 10, 1976.
    (33) Tuolumne County APCD.
    (i) Rule 404, submitted on February 10, 1977, and Rule 402(f), 
submitted on June 30, 1972, and previously approved under 40 CFR 52.223.
    (34) Ventura County APCD.
    (i) Rule 32, submitted on July 19, 1974.
    (ii) Rule 32, submitted on June 30, 1972, and previously approved 
under 40 CFR 52.223 (37 FR 19812).
    (35) Yuba County APCD.
    (i) Rule 4.5, submitted on July 25, 1973.
    (b) The following regulations are disapproved since they lack 
explicit provisions to assure that that NAAQS will not be exceeded while 
equipment breakdown periods are in effect.
    (1) Fresno County APCD.
    (i) Rules 110(B), Variance Required, and 519, Emergency Variance, 
submitted on January 2, 1979.
    (2) Kern County APCD.
    (i) Rules 111 (b), (Equipment Breakdown), and 519, Emergency 
Variance, submitted on January 2, 1979.
    (3) Modoc County APCD.
    (i) Rule 2:15, Breakdown Conditions; Emergency Variances, submitted 
on May 7, 1979.
    (4) Imperial County APCD.
    (i) Rule 111 (B), Equipment Breakdown, submitted on December 24, 
1979.
    (ii) Rule 517, Emergency Variance, submitted on December 24, 1979.

[43 FR 3277, Jan. 24, 1978]


[[Page 180]]


    Editorial Note: For Federal Register citations affecting 
Sec. 52.271, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.272  Research operations exemptions.

    (a) The requirements of Sec. 51.281 of this chapter are not met 
because the following regulations allow exemptions to be granted from 
the applicable emission limitations, thereby potentially rendering the 
applicable limitations unenforceable. Furthermore, the regulations are 
inconsistent with the Clean Air Act, because the regulations could 
permit violations of the National Ambient Air Quality Standards under 
some circumstances. Therefore, the following regulations are 
disapproved:
    (1) Bay Area APCD.
    (i) Regulation 2, Division 1, sections 1214 to 1214.3, submitted on 
July 25, 1973.
    (ii) Regulation 3, Division 1, sections 1205 to 1205.3, submitted on 
July 25, 1973.
    (2) El Dorado County APCD.
    (i) Rule 203(D), submitted on November 4, 1977.
    (3) Great Basin Unified APCD.
    (i) Rule 423, submitted on November 4, 1977.
    (4) Los Angeles County APCD.
    (i) Rule 441, submitted on June 6, 1977.
    (5) Placer County APCD.
    (i) Rule 203(D), submitted on October 13, 1977.
    (6) Riverside County APCD.
    (i) Rule 441, submitted on June 6, 1977.
    (7) Sacramento County APCD.
    (i) Rule 30, submitted on January 22, 1974.
    (8) San Bernardino County APCD.
    (i) Rule 441, submitted on June 6, 1977.
    (9) Southern California APCD.
    (i) Rule 441, submitted on August 2, 1976.

[42 FR 42226, Aug. 22, 1977]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.272, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.273  Open burning.

    (a) The following rules or portions of rules are disapproved because 
they contain exemptions to open burning (including open agricultural 
burning) prohibitions, that do not satisfy the requirements of section 
110 of the Clean Air Act:
    (1) Amador County APCD.
    (i) Rules 308 and 312, submitted on April 21, 1976.
    (ii) Rule 304, submitted on October 13, 1977.
    (iii) Rules 302(G) and 322, submitted on October 15, 1979.
    (2) Calaveras County APCD.
    (i) Rules 304 and 322, submitted on October 13, 1977.
    (3) Del Norte County APCD.
    (i) Rule 410(c)(2) and the following portions of Regulation 2: 
General prohibitions (all of page 1), paragraph (f) of Article I, 
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI, 
submitted on November 10, 1976.
    (4) El Dorado County APCD.
    (i) Rules 302(C), 304, 307, 319, and 322, submitted on November 4, 
1977.
    (ii) Rules 302 (C), 318, and 321, submitted on May 23, 1979.
    (5) Fresno County APCD.
    (i) Rules 416.1(e)(1), (e)(3), and (e)(4), submitted on October 23, 
1974.
    (ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 19812).
    (6) Humboldt County APCD.
    (i) Rule 410(c)(2) and the following portions of Regulation 2: 
General prohibitions (all of page 1), paragraph (f) of Article I, 
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI, 
submitted on November 10, 1976.
    (ii) (A)-(C) [Reserved]
    (D) Rules 312 (B) and (C), and 401 (D.1) and (D.2).
    (7) Kern County APCD.
    (i) Rule 417(I)(A), submitted on November 10, 1976.
    (8) Madera County APCD.
    (i) Rules 416.1(e)(1), (e)(3), and (e)(4), submitted on January 10, 
1975.
    (ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 19812).
    (9) Mariposa County APCD.
    (i) Rules 302(C), 304, 319, and 322, submitted on June 6, 1977.
    (10) Mendocino County APCD.
    (i) Rule 410(c)(2) and the following portions of Regulation 2: 
General prohibitions (all of page 1), paragraph (f)

[[Page 181]]

of Article I, paragraphs (f) and (g) of Article V, and paragraph (f) of 
Article VI, submitted on November 10, 1976.
    (11) Merced County APCD.
    (i) Rule 416(h), submitted on August 2, 1976.
    (ii) Rules 416.1(III)(A), (V)(A), (V)(B), (V)(C), and (V)(D), 
submitted on August 2, 1976. (Rule 416.1(c)(2), submitted on June 30, 
1972, and previously approved, is retained. Rule 416.1(a)(1), submitted 
on June 30, 1972, and previously approved, is retained for the purpose 
of enforcing Rule 416.1(c)(2).)
    (12) Monterey Bay Unified APCD.
    (i) Rules 409(a), 409(a)(5), and 410(b)(1), submitted on January 10, 
1975.
    (13) Nevada County APCD.
    (i) Rules 302(C), 307, 314, and 322, submitted on April 10, 1975.
    (ii) Rules 304 and 319, submitted on June 6, 1977.
    (iii) Rule 307, submitted on October 15, 1979.
    (14) Northern Sonoma County APCD.
    (i) Rule 410(c)(2) and the following portions of Regulation 2: 
General prohibitions (all of page 1), paragraph (f) of Article I, 
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI, 
submitted on November 10, 1976.
    (15) Placer County APCD.
    (i) Rules 302(C), 302(G), 304, 307, 314, 319, and 322, submitted on 
October 13, 1977.
    (ii) Rules 303, 306, and 322, submitted on October 15, 1979.
    (16) Plumas County APCD.
    (i) Rule 314, submitted on January 10, 1975.
    (ii) Rules 302(C), 304, 307, 319, and 322, submitted on June 6, 
1977.
    (17) Sacramento County APCD.
    (i) Rule 96(a), submitted on November 10, 1976.
    (ii) Rule 96(a), submitted on November 4, 1977.
    (18) San Joaquin County APCD.
    (i) Rule 402(e), submitted on November 10, 1976.
    (ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 19812).
    (iii) Rules 416.1(D)(1) and (D)(2), submitted on October 23, 1974.
    (19) Santa Barbara County APCD.
    (i) Rules 40(4)(a) and 40(4)(1), submitted on July 25, 1973. (The 
analogous Rules 40(4)(a) and 40(4)(g), previously approved in the 
February 21, 1972 submittal, are retained.) Rule 40(4)(c), submitted on 
July 25, 1973, is also disapproved.
    (ii) Rule 22, submitted on January 22, 1974. (The analogous Rule 22, 
previously approved in the February 21, 1972 submittal, is retained.) 
Rules 24.1 and 24.2, submitted on January 22, 1974, are also 
disapproved.
    (20) Shasta County APCD.
    (i) Rule 2:6, sections (1)(b)(iii) (a, b, and d), (1)(c)(viii), 
2(c), 3(f), 4(e), 5(c), and 5(d). (Previously approved Rule 2:6, 
sections (2)(c), (3)(f), and (4)(e), submitted on July 19, 1974, are 
retained.)
    (21) Sierra County APCD.
    (i) Rules 302(C), 319, and 322, submitted on June 6, 1977.
    (22) Trinity County APCD.
    (i) Rule 410(c)(2) and the following portions of Regulation 2: 
General prohibitions (all of page 1), paragraph (f) of Article I, 
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI, 
submitted on November 10, 1976.
    (23) Tulare County APCD.
    (i) Rule 402(e), submitted on November 10, 1976.
    (ii) Section 417(III)(A), submitted on June 30, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 19812).
    (iii) Section 417.1(e)(1), (e)(3), and (e)(4), submitted on January 
10, 1975.
    (24) Tuolumne County APCD.
    (i) Rule 322, submitted on February 10, 1977.
    (25) Yolo-Solano APCD.
    (i) Rules 2.8(c) (4) and (5), 6.3, and 6.5(a), submitted on July 25, 
1973.
    (ii) Rules 6.1(a), (e)(6), and (g), submitted on January 10, 1975. 
(Rules 4.1 (a) and (g), submitted on February 21, 1972, and previously 
approved under 40 CFR 52.223, are retained.)
    (b) The following rules or portions of rules are disapproved because 
they relax the control on open burning (including agricultural burning) 
without accompanying analyses demonstrating that these relaxations will 
not interfere with the attainment and maintenance of the National 
Ambient Air Quality Standards:
    (1) Del Norte County APCD.
    (i) Regulation 2, Article I, paragraph (e), submitted on November 
10, 1976.
    (ii) Rule 410(c)(2), submitted on May 7, 1979.

[[Page 182]]

    (2) Fresno County APCD.
    (i) Rule 416.1(c)(1), submitted on October 23, 1974.
    (ii) Rule 416.1(g), submitted on November 4, 1977.
    (3) Humboldt County APCD.
    (i) Regulation 2, Article I, paragraph (e), submitted on November 
10, 1976.
    (ii) Rule 410(c)(2), submitted on May 7, 1979.
    (4) Imperial County APCD.
    (i) Rule 422, submitted on November 4, 1977. (The requirements of 
Rule 115, submitted on February 21, 1972, and previously approved under 
40 CFR 52.223, are retained as applicable to the burning of wood waste.)
    (ii) Regulation VII (Rules 701 to 706), submitted on November 4, 
1977. (Regulation VII (Rules 200 to 206), submitted on July 25, 1973 and 
previously approved under 40 CFR 52.223, is retained.)
    (5) Kings County APCD.
    (i) Rules 416.1 and 417.1, submitted on November 4, 1977.
    (6) Lake County APCD.
    (i) Sections 435, 436, 1003, and 1200(A), submitted on February 10, 
1977.
    (ii) Section 435, submitted on January 2, 1979.
    (7) Los Angeles County APCD.
    (i) Rule 444, submitted on June 6, 1977. (Rules 57.1, 57.2, 57.3, 
and 57.4, submitted on June 30, 1972, and previously approved under 40 
CFR 52.223, are retained.)
    (8) Madera County APCD.
    (i) Rule 416.1(c)(1), submitted on January 10, 1975.
    (9) Mendocino County APCD.
    (i) Regulation 2, Article I, paragraph (e), submitted on November 
10, 1976.
    (ii) Rule 410(c)(2), submitted on May 7, 1979.
    (10) Merced County APCD.
    (i) Rule 416.1(I)(A)(2), submitted on August 2, 1976.
    (11) Northern Sonoma County APCD.
    (i) Regulation 2, Article I, paragraph (e), submitted on November 
10, 1976.
    (ii) Rule 410(c)(2), submitted on May 7, 1979.
    (12) San Bernardino County Desert APCD.
    (i) Rule 444 and the definition of ``Agricultural Burning'' in Rule 
102, submitted on November 4, 1977. (Rule 57, submitted on February 21, 
1972, and previously approved under 40 CFR 52.223, is retained.)
    (13) San Diego County APCD.
    (i) Rules 102(e) and 103(g), submitted on October 13, 1977.
    (14) San Luis Obispo County APCD.
    (i) Rule 501(B), submitted on November 10, 1976, and Rule 501(A)(7), 
submitted on November 4, 1977. (Previously approved Rule 115(2), 
submitted on February 21, 1972, is retained.)
    (15) Santa Barbara County APCD.
    (i) Rules 2(b), 40(3), and 40(4)(e), submitted on July 25, 1973. 
(Analogous Rules 2(b), 40(3), and 40(4)(c), submitted on February 21, 
1972, and previously approved, are retained.)
    (16) Shasta County APCD.
    (i) Rule 2:8, submitted on October 13, 1977. (Rule 2:8, submitted on 
July 19, 1974, and July 22, 1975, and previously approved, is retained.)
    (17) Siskiyou County APCD.
    (i) Rule 4.3(2), submitted on January 2, 1979.
    (18) Trinity County APCD.
    (i) Regulation 2, Article I, paragraph (e), submitted on November 
10, 1976.
    (ii) Rule 410(c)(2), submitted on May 7, 1979.
    (19) Placer County APCD.
    (i) Rule 316, submitted on August 21, 1979.
    (ii) Rules 318 and 323, submitted on October 15, 1979.

[42 FR 41122, Aug. 15, 1977]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.273, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.274  California air pollution emergency plan.

    (a) Since the California Air Pollution Emergency Plan does not 
provide complete, implementable provisions for taking emission control 
actions necessary to prevent ambient pollutant concentrations from 
reaching significant harm levels, the requirements of subpart H of this 
chapter for Priority I and II areas are not met, except in the following 
areas:
    (1) South Coast Air Quality Management District (SCAQMD).
    (2) Sacramento County Air Pollution Control District.
    (3) Monterey Bay Unified APCD (MBUAPCD).

[[Page 183]]

    (4) Santa Barbara Air Quality Management Area portion of the Santa 
Barbara County Air Pollution Control District.
    (5) Bay Area Air Quality Management District.
    (6) Ventura County Air Pollution Control District.
    (7) San Diego County APCD.
    (8) Los Angeles County Air Pollution Control District.
    (9) Riverside County Air Pollution Control District.
    (10) San Bernardino County Desert Air Pollution Control District.
    (11) Imperial County Air Pollution Control District.
    (12) Fresno County Air Pollution Control District.
    (13) Kern County Air Pollution Control District.
    (b) The requirements of subpart H of this chapter are met in the 
SCAQMD with the following exceptions: SCAQMD Regulation VII has no 
schedule to assure that the emission control actions are fully 
implementable; does not provide specific emission control actions for 
interdistrict coordination; has no provisions for nitrogen dioxide, 
particulate matter, and sulfur dioxide and particulate matter combined 
episodes; has no criteria or provisions to protect the eight-hour 
averaged carbon monoxide significant harm level; and has no provisions 
for implementation of abatement plans for stage 2 or 3 carbon monoxide 
or oxidant episodes that are attained without being predicted.
    (c) Regulation for prevention of air pollution emergency episodes--
plan scheduling, interdistrict coordination, episode criteria, and 
declaration.
    (1) The requirements of this paragraph are applicable in the SCAQMD.
    (2) The owner or operator of any governmental, industrial, business, 
or commercial activity listed in Rules 708.1 and 708.3 of Regulation VII 
of the SCAQMD, as revised on May 6, 1977, shall submit a Stationary 
Source Curtailment Plan and/or Traffic Abatement Plan to the 
Administrator within sixty days after the effective date of this 
paragraph.
    (3) The plans submitted pursuant to the requirements of this 
paragraph, shall be reviewed by the Administrator for approval or 
disapproval according to the following schedule:
    (i) For sources with emissions of hydrocarbons (HC) or nitrogen 
oxides (NOx) greater than or equal to 454 metric tons (500 tons) 
per year, or for establishments employing 400 or more employees per 
shift, within 45 days after receipt.
    (ii) For sources with emissions of HC or NOx!greater than or 
equal to 91 metric tons (100 tons) per year and less than 454 metric 
tons (500 tons) per year, or for establishments employing more than 200 
and less than 400 employees per shift, within 90 days after receipt.
    (iii) For sources or establishments other than those addressed in 
paragraphs (c)(3) (i) through (ii) of this section, within 180 days 
after receipt.
    (4) The owner or operator of an industrial, business, governmental 
or commercial establishment required to submit a plan by this paragraph 
shall be notified by the Administrator within thirty days after the plan 
has been evaluated if the plan is disapproved. Any plan disapproved by 
the Administrator shall be modified to overcome the disapproval and 
resubmitted to the Administrator within 30 days of the receipt of the 
notice of disapproval.
    (5) In the event specific sources or source areas within the SCAQMD 
are determined to significantly contribute to a declared air pollution 
episode in a nearby Air Pollution Control District, emission control 
actions specified in Regulation VII of the SCAQMD, as revised on May 6, 
1977, for that declared episode stage shall be taken in the SCAQMD to 
abate that episode.
    (6) For the purposes of this paragraph, the following episode 
criteria shall apply to carbon monoxide concentrations averaged over 
eight hours:
    (i) For stage 1, 15 parts per million.
    (ii) For stage 2, 30 parts per million.
    (iii) For stage 3, 40 parts per million.
    (7) The provisions of SCAQMD Regulation VII, as revised on May 6, 
1977, relating to carbon monoxide episodes averaged over 12 hours shall 
apply to carbon monoxide episodes averaged over 8 hours except that the 
Administrator shall provide for declaration, notification, source 
inspections, and termination of the episodes.

[[Page 184]]

    (8) Whenever the Administrator has determined that the stage 2 or 3 
episode level for oxidant or carbon monoxide as specified in Rule 703 of 
Regulation VII of the SCAQMD, as amended May 6, 1977, is being attained 
or has been attained, and is predicted to remain at such level for 12 or 
more hours, or increase, or in the case of oxidant to reoccur within the 
next 24 hours, unless control actions are taken, the existence of the 
appropriate episode level and the location of the source-receptor areas 
shall be declared, and the actions specified in Rules 710(b)(1), 
710(b)(2), 711(b)(1), or 711(b)(2) shall be taken by the Administrator.
    (d) Regulation for prevention of air pollution emergency episodes--
nitrogen dioxide, particulate matter, and sulfur dioxide and particulate 
matter combined.
    (1) The requirements of this paragraph are applicable in the SCAQMD.
    (2) For the purposes of this regulation the following definitions 
apply:
    (i) ``Ppm'' means parts per million by volume.
    (ii) ``COH'' means coefficient of haze.
    (iii) ``Ugm3'' means micrograms per cubic meter.
    (iv) ``Administrator'' means the Administrator of the Environmental 
Protection Agency or his authorized representative.
    (v) ``Major National Holiday'' means a holiday such as Christmas, 
New Year's Day, or Independence Day.
    (vi) ``Source/Receptor Areas'' are defined for each episode 
occurrence based on air monitoring, geographical, and meteorological 
factors: Source area is that area in which contaminants are discharged 
and a receptor area is that area in which the contaminants accumulate 
and are measured.
    (vii) ``Air Contaminants'' means nitrogen dioxide, particulate 
matter, and/or sulfur dioxide and particulate matter combined.
    (3) For the purposes of this regulation, the following episode 
criteria shall apply:

----------------------------------------------------------------------------------------------------------------
                                     Averaging                                                                  
           Contaminants                time            Stage 1               Stage 2               Stage 3      
                                      (hours)                                                                   
----------------------------------------------------------------------------------------------------------------
Nitrogen dioxide..................           1  0.6 ppm.............  1.2 ppm.............  1.6 ppm.            
                                            24  0.15 ppm............  0.3 ppm.............  0.4 ppm.            
Particulate matter................          24  3.0 COH.............  5.0 COH.............  7.0 COH.            
                                            24  375 ugm-3...........  625 ugm-3...........  875 ugm-3.          
Sulfur dioxide and particulate              24  0.2\1\..............  0.8\1\..............  1.2\1\.             
 matter combined.                                                                                               
                                            24  65,000\2\...........  261,000\2\..........  393,000\2\.         
----------------------------------------------------------------------------------------------------------------
\1\Product of sulfur dioxide (ppm) and particulate matter (COH).                                                
\2\Product of sulfur dioxide (ugm-3) and particulate matter (ugm-3).                                            

    (4) Whenever the Administrator has determined that any episode level 
specified in paragraph (d)(3) of this section is being attained or has 
been attained, and is predicted to remain at such level for 12 or more 
hours, or increase, unless control actions are taken, the existence of 
the appropriate episode level and the location of the source-receptor 
areas shall be declared.
    (5) Whenever the available scientific and meteorological data 
indicate that any episode level declared by paragraph (d)(4) of this 
section is no longer occurring and is not predicted to immediately 
increase again to episode levels, such episode shall be declared 
terminated.
    (6) The following shall be notified by the Administrator whenever an 
episode is predicted, attained or terminated: (i) Public officials; (ii) 
persons operating any facility or activity named in paragraph (d)(8) of 
this section; (iii) public health, safety, and emergency agencies; (iv) 
news media.
    (7) Upon request of the Administrator, persons operating any 
facility or activity named in paragraph (d)(8) of this section shall 
install, properly maintain, and operate radio-receiving equipment with 
decoding device capable of receiving broadcasts of the declaration and 
termination of episodes required under this paragraph and instructions 
as to the actions to be taken.
    (8) Stationary source curtailment plans and traffic abatement plans 
shall be prepared by industrial, business,

[[Page 185]]

commercial, and governmental establishments as follows:
    (i) The owner or operator of any industrial, business, commercial, 
or governmental activity listed below shall submit to the Administrator 
plans to curtail operations causing stationary source air contaminants 
in such activity:
    (A) Petroleum refinery emitting 23 metric tons (25 tons) or more per 
year of air contaminants.
    (B) Metal-melting plant requiring molten metal temperatures in 
excess of 540 deg. C (1,000 deg. F) or metal-refining plant or metal-
smelting plant, in which a total of 1,135 kilograms (2,500 pounds) or 
more of metal are in a molten state at any one time or are poured in any 
1 hour.
    (C) Fossil fuel-fired electric generating facility having a total 
rated capacity of 50 megawatts or more.
    (D) Any facility or plant emitting 91 metric tons (100 tons) or more 
per year of air contaminants.
    (ii) The plans required by paragraph (d)(8)(i) of this section shall 
include the following:
    (A) A list of equipment which emits nitrogen oxides, particulate 
matter, and/or sulfur dioxide, including the SCAQMD permit number, the 
daily amount of air contaminants emitted, and a statement of the minimum 
time and recommended time to implement the abatement actions for each 
episode stage for the equipment listed and the percent reduction in 
emissions at each episode stage.
    (B) The total number of employees at the facility during each shift 
on a normal weekday and on a major national holiday.
    (C) The normal amount of electricity used on a normal weekday and on 
a major national holiday.
    (D) The actions to inform employees of the procedures to be taken in 
the event of an episode declaration.
    (E) The name and telephone numbers of the facility's episode action 
coordinator and alternate, who are responsible for implementation of the 
plan.
    (F) For stage 1 episodes:
    (1) The measures to voluntarily curtail equipment emitting air 
contaminants.
    (2) The measures to curtail or postpone electrically intensive 
industrial operations, where feasible.
    (3) The measures for electric utilities to import power from outside 
the basin to the extent feasible.
    (G) For stage 2 episodes:
    (1) The measures to curtail as much as possible, without upsetting 
production, equipment operations which emit air contaminants.
    (2) The measures to postpone operations which can be postponed until 
after the episode.
    (3) For fossil fuel-fired combustion sources, including electric 
utilities, with a heat input greater than 50 million BTU per hour:
    (i) The measures to burn natural gas.
    (ii) To the extent that natural gas is not available, the measures 
to burn fuel oil with a sulfur content of not more than 0.25 percent by 
weight or the measures to reduce air contaminant emissions to equivalent 
discharge. Any combustion source may be exempt from the provisions of 
this paragraph upon demonstration that fuel oil with the specified 
sulfur content is not available.
    (4) For electric utilities the measures, in addition to those in 
paragraph (d)(8)(ii)(F)(3) of this section, to:
    (i) Shift oil burning power generation to non-source areas to the 
maximum extent consistent with the public health, safety, and welfare.
    (ii) Shift oil burning power generation to combined cycle gas 
turbine generating equipment burning fuel oil containing less than 0.15 
percent sulfur to the maximum extent consistent with the public health, 
safety, and welfare.
    (5) For refineries and chemical plants the measures to be taken to 
reduce air contaminant emissions by 20 percent without jeopardizing the 
public health or safety, without causing an increase in the emissions of 
other air contaminants, withoutdamaging the equipment or without 
reducing production by more than 20 percent.
    (6) The measures in paragraph (d)(8)(ii)(F) of this section.
    (H) For stage 3 nitrogen dioxide episodes:
    (1) The measures for petroleum refineries to reduce emissions of 
nitrogen

[[Page 186]]

dioxide by 33 percent, without damaging the equipment or increasing the 
emissions of other air contaminants.
    (2) The measures in paragraph (d)(8)(ii)(G) of this section.
    (3) A list of equipment and the permit numbers of such equipment not 
operated on a major national holiday.
    (4) A statement as to whether or not the facility operates on a 
major national holiday.
    (I) For stage 3 particulate matter episodes:
    (1) The measures for petroleum refineries to reduce emissions of 
particulate matter by 33 percent, without damaging the equipment or 
increasing the emissions of other air contaminants.
    (2) The measures described in paragraph (d)(8)(ii)(G) of this 
section.
    (3) The measures for any facility or plant, except electrical 
generating facilities and petroleum refineries, normally emitting 91 
metric tons (100 tons) or more per year of particulate matter to 
eliminate such emissions by starting no new batches, by ceasing feed of 
new materials, and by phasing down as rapidly as possible without damage 
to the equipment.
    (4) The measures for metal melting, refining, or smelting plants to 
eliminate emissions of particulate matter by starting no new batches, by 
ceasing feed of new materials, and by phasing down as rapidly as 
possible without damage to the equipmen
    (J) For stage 3 sulfur dioxide and particulate matter combined 
episodes:
    (1) The measures described in paragraphs (d)(8)(ii) (G) and (I) of 
this section.
    (2) The measures for petroleum refineries to reduce emissions of 
sulfur dioxide by 33 percent, without damaging the equipment or 
increasing the emissions of other air contaminants.
    (3) The measures for any facility or plant, except electrical 
generating facilities and petroleum refineries, normally emitting 91 
metric tons (100 tons) or more per year of sulfur dioxide to eliminate 
such emissions by starting no new batches, by ceasing feed of new 
materials, and by phasing down as rapidly as possible without damage to 
the equipment.
    (K) An estimate of the resultant reduction in air contaminant 
emissions.
    (iii) The owner or operator of any industrial, business, commercial, 
or governmental activity listed below shall submit to the Administrator 
plans to curtail or cease operations causing air contaminants from 
vehicle use:
    (A) Operators of 50 or more fleet vehicles.
    (B) Industrial, business, commercial, or governmental establishments 
employing more than 100 persons per shift at one business address.
    (iv) The plans required by paragraph (d)(8)(iii) of this paragraph 
shall include the following:
    (A) The total number of employees at the facility during each shift 
on a normal weekday and on a major national holiday.
    (B) The number of motor vehicles and vehicle miles traveled for 
motor vehicles operated:
    (1) By the company on company business on a normal weekday and on a 
major national holiday.
    (2) By employees commuting from home to the place of business on a 
normal weekday and on a major national holiday.
    (C) The number of parking spaces used on a normal weekday and on a 
major national holiday.
    (D) The minimum number of motor vehicles to be operated that are 
necessary to protect public health or safety.
    (E) The actions to inform employees of the procedures to be taken in 
the event of an episode declaration.
    (F) The name and telephone numbers of the facility's episode action 
coordinator and alternate, who are responsible for implementation of the 
plan.
    (G) For stage 1 episodes, the methods by which employers will 
encourage the utilization of car pools or otherwise reduce employee 
motor vehicle travel.
    (H) For stage 2 and 3 episodes, the measures within the reasonable 
control of the employer to reduce the number of vehicle miles driven by 
employees in commuting to and from work.
    (I) An estimate of the reduction in vehicle miles traveled as a 
result of the measures in this paragraph.
    (v) Each owner or operator required to submit a plan by this 
paragraph shall submit to the Administrator such

[[Page 187]]

plan within 60 days of the effective date of this paragraph.
    (vi) The plans submitted in accordance with the provisions of this 
paragraph shall be approved or disapproved by the Administrator 
according to the following schedule:
    (A) For sources with emissions of air contaminants greater than or 
equal to 454 metric tons (500 tons) per year, or for establishments 
employing 400 or more employees per shift, within 45 days after receipt.
    (B) For sources with emissions of air contaminants greater than or 
equal to 91 metric tons (100 tons) per year and less than 454 metric 
tons (500 tons) per year, or for establishments employing more than 200 
and less than 400 employees per shift, within 90 days after receipt.
    (C) For sources with emissions of air contaminants less than 91 
metric tons (100 tons) per year, or for establishments employing 100 to 
200 employees per shift, within 180 days after receipt.
    (vii) The owner or operator required to submit a plan by this 
paragraph shall be notified by the Administrator within 30 days after 
the plan has been evaluated if the plan is disapproved. Any plan 
disapproved by the Administrator shall be modified to
    (viii) A copy of the plan approved in accordance with the provisions 
of this paragraph shall be on file and readily available on the premises 
to any person authorized to enforce the provisions of this section.
    (9) The following actions shall be taken in the source and receptor 
areas upon declaration of a stage 1 episode:
    (i) The notifications required by paragraph (d)(6) of this section.
    (ii) The Administrator shall advise the public that those 
individuals with special health problems should follow the precautions 
recommended by their physicians and health officials.
    (iii) The Administrator shall advise school officials to cancel, 
postpone, or reschedule programs which require outdoor physical 
activity.
    (iv) The Administrator shall request the public to stop all 
unnecessary driving.
    (v) The Administrator shall request the public to operate all 
privately owned vehicles on a pool basis.
    (vi) Persons operating any facility or activity named in paragraph 
(d)(8) of this section shall implement the appropriate plans specified 
in paragraph (8) for the declared stage 1 episode and air 
contaminant(s).
    (10) The following actions shall be taken in the source and receptor 
areas upon declaration of a stage 2 episode:
    (i) The actions described in paragraphs (d)(9) (i) through (v) of 
this section.
    (ii) The Administrator shall request suspension of programs that 
involve physical exertion by participants using public parks or public 
recreational facilities located in receptor areas.
    (iii) The burning of combustible refuse shall be postponed until the 
episode has been terminated.
    (iv) The Administrator shall request the public to reduce the use of 
electricity by 10 percent.
    (v) Persons operating any facility or activity named in paragraph 
(d)(8) of this section shall implement the appropriate plans specified 
in paragraph (d)(8) of this section for the declared stage 2 episode and 
air contaminant(s).
    (11) The following actions shall be taken in the source and receptor 
areas upon declaration of a stage 3 episode:
    (i) The actions described in paragraphs (d)(10) (i) through (iii) of 
this section.
    (ii) The Administrator shall request the public to reduce the use of 
electricity by 40 percent.
    (iii) Persons operating any facility or activity named in paragraph 
(d)(8) of this section shall implement the appropriate plans specified 
in paragraph (d)(8) of this section for the declared stage 3 episode and 
air contaminant(s).
    (iv) For nitrogen dioxide, the general public, schools, industrial, 
business, commercial, and governmental activities throughout the 
District shall operate as though the day were a major national holiday.
    (v) For particulate matter and/or sulfur dioxide and particulate 
matter combined, the Administrator shall request the public to reduce as 
much as possible activities causing dust emissions including 
agricultural operations,

[[Page 188]]

off-road vehicle use, anddriving on unpaved roads. Construction and 
demolition operation shall be postponed until the episode has been 
terminated.
    (12) In the event specific sources or source areas within the SCAQMD 
are determined to significantly contribute to a declared air pollution 
episode in a nearby Air Pollution Control District, emission control 
actions specified in this paragraph for that declared episode stage 
shall be taken in the SCAQMD to abate that episode.
    (13) A source inspection plan shall be implemented by the 
Administrator upon the declaration of any episode stage.
    (14) The Administrator shall provide for daily acquisition of 
forecasts of atmospheric stagnation conditions during any episode stage 
and updating of such forecasts at least every 12 hours.
    (15) Any source that violates any requirement of this section shall 
be subject to enforcement action under section 113 of the Act.
    (16) All submittals or notifications required to be submitted to the 
Administrator by this section shall be sent to:

Environmental Protection Agency, Air and Hazardous Materials Division 
(A-4), Attn: Air Programs Branch, 215 Fremont Street, San Francisco, 
Calif. 94105.

    (e) The requirements of subpart H of this chapter are met in the 
Sacramento County Air Pollution Control District with the following 
exceptions: There are no episode criteria levels, declaration 
procedures, notification procedures, source inspections, emission 
control actions or episode termination procedures for carbon monoxide 
episodes based on 4- and 8-hour averaging times; communication 
procedures for transmitting status reports and orders as to emission 
control actions to be taken during an episode stage are not provided 
for; there are no provisions for the inspection of those sources covered 
under Rule 122; there is no time schedule for the Air Pollution Control 
Officer to initiate the call for the submittal of individual abatement 
plans; the requirements for the content of the abatement plans are not 
sufficiently specific to ensure that adequate plans are submitted; no 
provisions exist for the daily acquisition of atmospheric stagnation 
conditions; a Priority II particulate matter episode contingency plan is 
not provided for in the regulation.
    (f) Regulation for prevention of air pollution emergency episodes--
4- and 8-hour carbon monoxide criteria levels, public announcement, 
source inspections, preplanned abatement strategies, acquisition of 
atmospheric stagnation forecasts.
    (1) The requirements of this paragraph are applicable in the 
Sacramento County Air Pollution Control District.
    (2) For the purposes of this regulation the following definitions 
apply:
    (i) ``Administrator'' means the Administrator of the Environmental 
Protection Agency or his authorized representative.
    (ii) ``ppm'' means parts per million by volume.
    (iii) ``ug/m3'' means micrograms per cubic meter.
    (3) For the purposes of this paragraph, the following episode 
criteria shall apply:

------------------------------------------------------------------------
                                       Averaging                        
              Pollutant                   time     Stage   Stage   Stage
                                        (hours)      1       2       3  
------------------------------------------------------------------------
Carbon monoxide......................         4    \1\25   \1\45   \1\60
                                              8    \1\15   \1\30   \1\40
------------------------------------------------------------------------
\1\Parts per million by volume.                                         

    (4) The provisions of the Sacramento County Air Pollution Control 
District's Regulation IX, as submitted on November 4, 1977, relating to 
carbon monoxide episodes averaged over 1 hour shall apply to carbon 
monoxide episodes averaged over 4 and 8 hours except that the 
Administrator shall insure that declaration, notification, source 
inspections, and termination of such episodes will occur.
    (5) Stationary source curtailment plans shall be prepared by 
business, commercial, industrial, and governmental establishments as 
follows:
    (i) The owner or operator of any business, commercial, industrial, 
or governmental facility or activity listed below shall submit to the 
Administrator plans to curtail or cease operations causing stationary 
source air contaminants in such activity:
    (A) Stationary sources which can be expected to emit 100 tons or 
more per

[[Page 189]]

year of hydrocarbons or carbon monoxide.
    (ii) The plans required by paragraph (f)(5)(i)(A) of this section 
shall include the following information:
    (A) The information requested by Regulation IX, Rule 125, section d, 
as submitted to the EPA on November 4, 1977.
    (B) The total number of employees at the facility during each shift 
on a normal weekday.
    (C) The amount of energy (gas, fuel oil, and electricity) used on a 
normal weekday.
    (D) For first-stage episodes, the measures to voluntarily curtail 
equipment emitting air pollutants.
    (E) For second-stage episodes:
    (1) The measures to curtail, as much as possible, equipment 
operations that emit air pollutants specific to the type of episode and, 
in the case of oxidant episodes, the equipment operations that emit 
hydrocarbons.
    (2) The measures to postpone operations which can be postponed until 
after the episode.
    (F) For third-stage episodes:
    (1) A list of equipment, with permit numbers if applicable, which 
can be shut down without jeopardizing the public health or safety, and 
an estimate of the resultant reductions in air contaminant emissions.
    (2) A list of all equipment, with permit numbers if applicable, 
which must be operated to protect the public health or safety, and an 
estimate of the air contaminant emissions from such equipment.
    (iii) Copies of the stationary source curtailment plans approved in 
accordance with the provisions of this paragraph shall be on file and 
readily available on the premises to any person authorized to enforce 
the provisions of this paragraph.
    (6) The owner or operator of any governmental, business, commercial, 
or industrial activity or facility listed in paragraph (f)(5) of this 
section shall submit a stationary source curtailment plan to the 
Administrator within 60 days after promulgation of final rulemaking.
    (7) The plans submitted pursuant to the requirements of this 
paragraph shall be reviewed by the Administrator for approval or 
disapproval according to the following schedule:
    (i) For sources with emissions of hydrocarbons and carbon monoxide 
greater than or equal to 454 metric tons (500 tons) per year, within 45 
days after receipt.
    (ii) For sources with emissions of hydrocarbons and carbon monoxide 
greater than or equal to 91 metric tons (100 tons) per year and less 
than 454 metric tons (500 tons) per year, within 90 days after receipt.
    (iii) For sources with emissions of hydrocarbons and carbon monoxide 
less than 91 metric tons (100 tons) per year, within 180 days after 
receipt.
    (8) The owner or operator of any industrial, business, governmental, 
or commercial establishment required to submit a plan by this paragraph 
shall be notified by the Administrator within 30 days after the plan has 
been evaluated. Any plan disapproved by the Administrator shall be 
modified to overcome the disapproval and resubmitted to the 
Administrator within 30 days of receipt of the notice of disapproval.
    (9) A source inspection plan shall be implemented by the 
Administrator upon the declaration of any episode stage, and the 
following facilities shall be inspected to ensure compliance:
    (i) Those sources covered under Rule 122, as submitted to the EPA on 
November 4, 1977, as appropriate.
    (10) The Administrator shall insure that forecasts of atmospheric 
stagnation conditions during any episode stage and updating of such 
forecasts are acquired.
    (11) Any source that violates any requirement of this regulation 
shall be subject to enforcement action under section 113 of the Clean 
Air Act.
    (12) All submittals or notifications required to be submitted to the 
Administrator by this regulation shall be sent to: Regional 
Administrator, Attn: Air and Hazardous Materials Division, Air Technical 
Branch, Technical Analysis Section (A-4-3) Environmental Protection 
Agency, 215 Fremont Street, San Francisco, CA 94105.
    (g) Regulation for the prevention of air pollution emergency 
episodes--Priority II particulate matter emergency episode contingency 
plan.

[[Page 190]]

    (1) The requirements of this paragraph are applicable in the 
Sacramento County Air Pollution Control District.
    (2) For the purposes of this paragraph the following episode 
criteria shall apply:

------------------------------------------------------------------------
                                       Averaging                        
              Pollutant                   time     Stage   Stage   Stage
                                        (hours)      1       2       3  
------------------------------------------------------------------------
Particulate matter...................        24   \1\375  \1\625  \1\875
------------------------------------------------------------------------
\1\Micrograms per cubic meter.                                          

    (3) Whenever it is determined that any episode level specified in 
paragraph (g)(2) of this section is predicted to be attained, is being 
attained, or has been attained and is expected to remain at such levels 
for 12 or more hours, the appropriate episode level shall be declared.
    (4) Whenever the available scientific and meteorological data 
indicate that any episode level specified in paragraph (g)(2) of this 
section is no longer being attained and is not predicted to increase 
again to episode levels, such episode shall be declared terminated.
    (5) The following shall be notified whenever an episode is 
predicted, attained, or terminated:
    (i) Public officials.
    (ii) Public health, safety, and emergency agencies.
    (iii) News media.
    (h) The requirements of Subpart H of this chapter are met in the 
MBUAPCD which the following exceptions: There is no time schedule to 
assure that stationary source and traffic curtailment plans are 
submitted and reviewed in a timely manner; curtailment plans are not 
sufficiently specific; there are no provisions for the acquisition of 
forecasts of atmospheric stagnation conditions; and adequate mandatory 
emission control actions are not specified for Third-Stage oxidant 
episodes.
    (i) Regulation for prevention of oxidant air pollution emergency 
episodes within the MBUAPCD.
    (1) The requirements of this paragraph are applicable in the 
MBUAPCD.
    (2) For the purposes of this regulation the following definitions 
apply:
    (i) ``Administrator'' means the Administrator of the Environmental 
Protection Agency or his authorized representative.
    (ii) ``Major national holiday'' means a holiday such as Christmas, 
New Year's Day or Independence Day.
    (iii) ``Regulation VII'' in this paragraph means Regulation VII, 
``Emergencies'', of the MBUAPCD, adopted May 25, 1977, and submitted to 
the Environmental Protection Agency as a revision to the California 
State Implementation Plan by the California Air Resources Board on 
November 4, 1977.
    (3) The plans required by Rule 705(a) of Regulation VII shall 
include the following information in addition to that required in Rule 
705(b) of Regulation VII, and shall be submitted and processed as 
follows:
    (i) Stationary sources.
    (A) The total number of employees at the facility during each shift:
    (1) On a normal weekday.
    (2) On a major national holiday.
    (B) The amount and type of fuel used:
    (1) On a normal weekday.
    (2) On a major national holiday.
    (C) For Third-Stage episodes:
    (1) A list of equipment and the permit numbers of such equipment not 
operated on a major national holiday.
    (2) A statement as to whether or not the facility operates on a 
major national holiday.
    (ii) Indirect sources.
    (A) The total number of employees at the facility during each shift:
    (1) On a normal weekday.
    (2) On a major national holiday.
    (B) The number of motor vehicles and vehicle miles traveled for 
motor vehicles operated:
    (1) By the company, on company business, on a normal weekday and on 
a major national holiday.
    (2) By employees commuting between home and the place of business on 
a normal weekday and on a major national holiday.
    (C) The number of parking spaces:
    (1) Available.
    (2) Normally used on a weekday.
    (3) Normally used on a major national holiday.
    (D) The minimum number of motor vehicles to be operated that are 
necessary to protect the public health or safety.
    (E) For Third-Stage episodes, a statement as to whether or not the 
facility operates on a major national holiday.

[[Page 191]]

    (iii) Each owner or operator required to submit a plan as specified 
under Rule 705(a) of Regulation VII shall submit such plans within 60 
days after promulgation of the final rulemaking.
    (iv) The plans submitted in accordance with the provisions of this 
paragraph shall be approved or disapproved by the Administrator within 
120 days after receipt.
    (v) Each owner or operator required to submit a plan as specified 
under Rule 705(a) of Regulation VII shall be notified within 90 days 
after the Administrator's decision.
    (vi) Any plan disapproved by the Administrator shall be modified to 
overcome this disapproval and resubmitted to the Administrator within 30 
days of the notice of disapproval.
    (vii) A copy of the plan approved in accordance with the provisions 
of this paragraph shall be on file and readily available on the premises 
to any person authorized to enforce the provisions of this section.
    (4) The following actions shall be implemented by the Administrator 
upon declaration of a Third-Stage oxidant episode: the general public, 
schools, industrial, business, commercial, and governmental activities 
throughout the MBUAPCD shall operate as though the day were a major 
national holiday.
    (5) The Administrator shall ensure the acquisition of forecasts of 
atmospheric stagnation conditions during any episode stage and updating 
of such forecasts.
    (j)-(o) [Reserved]
    (p) Regulation for prevention of air pollution emergency episodes--
requirements for stationary source curtailment plans and particulate 
matter episodes.
    (1) The requirements of this paragraph are applicable in the Los 
Angeles County, Riverside County, San Bernardino County Desert and 
Imperial County Air Pollution Control Districts.
    (2) For the purposes of this regulation, the following definitions 
apply:
    (i) ``Administrator'' means the Administrator of the Environmental 
Protection Agency or his authorized representative.
    (ii) ``ug/m\3\'' means micrograms per cubic meter.
    (iii) ``Major national holiday'' means a holiday such as Christmas 
or New Year's Day.
    (3) Stationary source curtailment plans shall be prepared by major 
stationary sources, as defined by section 169(1) of the Act:
    (i) The plans required by this paragraph shall include the following 
information:
    (A) The information requested in the California Air Resources 
Board's Criteria for Approval of Air Pollution Emergency Abatement Plans 
(Executive Order G-63).
    (B) The total number of employees at the facility during each work 
shift on a normal weekday and on a major national holiday.
    (C) The amount of energy (gas, fuel oil, and electricity) used on a 
normal weekday and on a major national holiday.
    (D) For first-stage episodes:
    (1) The measures to voluntarily curtail equipment emitting air 
pollutants.
    (E) For second-stage episodes:
    (1) The measures to curtail, as much as possible, equipment 
operations that emit air pollutants specific to the type of episode and, 
in the case of oxidant episodes, the equipment operations that emit 
hydrocarbons and nitrogen oxides.
    (2) The measures to postpone operations which can be postponed until 
after the episode.
    (F) For third-stage episodes:
    (1) A list of equipment, with permit numbers if applicable, which 
can be shut down without jeopardizing the public health or safety, and 
an estimate of the resultant reductions in hydrocarbons, nitrogen 
oxides, and particulate matter emissions.
    (2) A list of all equipment, with permit numbers if applicable, 
which must be operated to protect the public health or safety, and an 
estimate of the hydrocarbons, nitrogen oxides and particulate matter 
emissions from such equipment.
    (4) A copy of the stationary source curtailment plan approved in 
accordance with the provisions of this paragraph shall be on file and 
readily available on the premises to any person authorized to enforce 
the provisions of this paragraph.

[[Page 192]]

    (5) The owner or operator of any governmental, business, commercial, 
or industrial activity or facility listed in paragraph (p)(3) of this 
section shall submit a stationary source curtailment plan to the 
Administrator within 60 days after promulgation of final rulemaking.
    (6) The plans submitted pursuant to the requirements of this 
paragraph shall be reviewed by the Administrator within 90 days.
    (7) The owner or operator of any major stationary source required to 
submit a plan by this paragraph shall be notified by the Administrator 
within 30 days after the plan has been evaluated as to whether the plan 
has been approved or disapproved. Any plan disapproved by the 
Administrator shall be modified to overcome the disapproval and 
resubmitted to the Administrator within 30 days of receipt of the notice 
of disapproval.
    (8) All submittals or notifications required to be submitted to the 
Administrator by this regulation shall be sent to:

Regional Administrator, Attn: Air and Hazardous Materials Division, Air 
Technical Branch, Technical Analysis Section (A-4-3), Environmental 
Protection Agency, 215 Fremont Street, San Francisco CA 94105.

    (9) Any source that violates any requirement of this regulation 
shall be subject to enforcement action under section 113 of the Act.
    (10) For the purposes of this regulation the following episode 
criteria shall apply to particulate matter episodes:

------------------------------------------------------------------------
                                                      g/m\3\   
                                       Averaging -----------------------
              Pollutant                   time     Stage   Stage   Stage
                                        (hours)      1       2       3  
------------------------------------------------------------------------
Particulate matter...................        24      375     625     875
------------------------------------------------------------------------

    (q) The requirements of Subpart H of this chapter are met in the 
Fresno County Air Pollution Control District, with the following 
exceptions: There are no episode criteria levels, declaration 
procedures, notification procedures, source inspection procedures, 
emission control actions, or episode termination procedures for carbon 
monoxide episodes based on 4- and 8-hour averaging times, or for 
particulate matter emergency episodes based on 24-hour averaging times; 
there is no time schedule to initiate the call for the submittal of 
individual abatement plans; the requirements for the content of the 
abatement plans are not sufficiently specific to ensure the adequate 
plans are submitted; there are no provisions for requiring abatement 
plans from operations which attract large numbers of motor vehicles with 
their related emissions; the Stage 3 photochemical oxidants (ozone) 
criterion level equals the Federal significant harm level; there are no 
provisions for adequate mandatory emission control actions.
    (r) Regulation for prevention of air pollution emergency episodes--
4- and 8-hour carbon monoxide criteria levels, mandatory emission 
control actions, preplanned abatement strategies, and a Priority I 
particulate matter emergency episode contingency plan.
    (1) The requirements of this paragraph are applicable in the Fresno 
County Air Pollution Control District.
    (2) For the purposes of this regulation the following definitions 
apply:
    (i) ``Administrator'' means the Administrator of the Environmental 
Protection Agency or his authorized representative.
    (ii) ``ppm'' means parts per million by volume.
    (iii) ``g/m3'' means micrograms per cubic meter.
    (iv) ``Major national holiday'' means a holiday such as Christmas or 
New Year's Day.
    (3) For the purposes of this regulation, the following episode 
criteria shall apply to carbon monoxide episodes:

------------------------------------------------------------------------
                                       Averaging   Stage   Stage   Stage
              Pollutant                   time       1       2       3  
                                        (hours)    (ppm)   (ppm)   (ppm)
------------------------------------------------------------------------
Carbon monoxide......................         4       25      45      60
                                              8       15      30      40
------------------------------------------------------------------------

    (4) The provisions of the Fresno County Air Pollution Control 
District's Regulation VI, as submitted on October 23, 1974, relating to 
carbon monoxide episodes averaged over 1 hour

[[Page 193]]

shall apply to carbon monoxide episodes averaged over 4 and 8 hours 
except that the Administrator shall insure that declaration procedures, 
notification procedures, source inspections, and termination of such 
episodes occur.
    (5) Stationary source curtailment plans and traffic abatement plans 
shall be prepared by business, commercial, industrial, and governmental 
establishments in Fresno County as follows:
    (i) The owner or operator of any business, commercial, industrial, 
or governmental stationary source which can be expected to emit 100 tons 
or more per year of carbon monoxide, hydrocarbons, or particulate matter 
shall submit to the Administrator plans to curtail or cease operations 
causing stationary source air contaminants in such activity:
    (ii) The plans required by paragraph (r)(5)(i) of this section shall 
include the following information:
    (A) The information requested in the California Air Resources 
Board's ``Criteria for Approval of Air Pollution Emergency Abatement 
Plans'' (Executive Order G-63).
    (B) The total number of employees at the facility during each shift 
on a normal weekday and on a major national holiday.
    (C) The amount of energy (gas, fuel oil, and electricity) used on a 
normal weekday and on a major national holiday.
    (D) For first-stage episodes, the measures to voluntarily curtail 
equipment emitting air pollutants.
    (E) For second-stage episodes:
    (1) The measures to curtail, as much as possible, equipment 
operations that emit air pollutants specific to the type of episode and, 
in the case of oxidant episodes, the equipment operations that emit 
hydrocarbons or nitrogen oxides.
    (2) The measures to postpone operations which can be postponed until 
after the episode.
    (F) For third-stage episodes:
    (1) A list of equipment, with permit numbers if applicable, which 
can be shut down without jeopardizing the public health or safety, and 
an estimate of the resultant reductions in carbon monoxide, 
hydrocarbons, nitrogen oxides, and particulate matter emissions.
    (2) A list of all equipment, with permit numbers if applicable, 
which must be operated to protect the public health or safety, and an 
estimate of the carbon monoxide, hydrocarbons, nitrogen oxides, and 
particulate matter emissions from such equipment.
    (iii) The owner or operator of any industrial, business, commercial, 
or governmental facility or activity employing more than 100 persons per 
shift at any one business address shall submit to the Administrator 
plans to curtail or cease operations causing air contaminants from 
vehicle use.
    (iv) The plans required by paragraph (r)(5)(iii) of this section 
shall include the following information:
    (A) The information requested in the California Air Resources 
Board's ``Criteria for Approval of Air Pollution Emergency Abatement 
Plans'' (Executive Order G-63).
    (B) The total number of employees at the facility during each shift.
    (C) The total number of motor vehicles and vehicle miles traveled 
for motor vehicles operated:
    (1) By the company on company business on a normal weekday and a 
major national holdiay.
    (2) By employees commuting between home and the place of business on 
a normal weekday and a major national holiday.
    (3) The minimum number of motor vehicles to be operated that are 
necessary to protect public health or safety.
    (6) A copy of the stationary source curtailment and/or traffic 
abatement plans approved in accordance with the provisions of this 
paragraph shall be on file and readily available on the premises to any 
person authorized to enforce the provisions of this paragraph.
    (7) The owner or operator of any governmental, business, commercial, 
or industrial activity or facility listed in paragraph (r)(5) of this 
section shall submit a stationary source curtailment plan and/or traffic 
abatement plan to the Administrator within 60 days after promulgation of 
final rulemaking.
    (8) The plans submitted pursuant to the requirements of this 
paragraph shall be reviewed by the Administrator

[[Page 194]]

for approval or disapproval according to the following schedule:
    (i) For sources with emissions of hydrocarbons, carbon monoxide, or 
particulate matter greater than or equal to 454 metric tons (500 tons) 
per year, or for establishments employing 400 or more employees per 
shift, within 45 days after receipt.
    (ii) For sources with emissions of hydrocarbons, carbon monoxide, or 
particulate matter greater than or equal to 91 metric tons (100 tons) 
per year and less than 454 metric tons (500 tons) per year, or for 
establishments employing more than 200 and less than 400 employees per 
shift, within 90 days after receipt.
    (iii) For establishments employing 100 to 200 employees per shift, 
within 180 days after receipt.
    (9) The owner or operator of any industrial, business, governmental 
or commercial establishment required to submit a plan by this paragraph 
shall be notified by the Administrator within 30 days after the plan has 
been evaluated as to whether the plan has been approved or disapproved. 
Any plan disapproved by the Administrator shall be modified to overcome 
the disapproval and resubmitted to the Administrator within 30 days of 
receipt of the notice of disapproval.
    (10) Any source that violates any requirement of this regulation 
shall be subject to enforcement action under section 113 of the Act.
    (11) All submittals or notifications required to be submitted to the 
Administrator by this regulation shall be sent to:
    Regional Administrator, ATTN: Air and Hazardous Materials Division, 
Air Technical Branch, Technical Analysis Section (A-4-3), Environmental 
Protection Agency, 215 Fremont Street, San Franscisco, CA 94105.

    (12) For the purposes of this regulation the following episode 
criteria shall apply to particulate matter episodes and Stage 3 
photochemical oxidants episodes:

------------------------------------------------------------------------
                                                      g/m\3\   
                                       Averaging -----------------------
              Pollutant                   time     Stage   Stage   Stage
                                        (hours)      1       2       3  
------------------------------------------------------------------------
Particulate matter...................        24      375     625     875
Photochemical oxidants...............         1   ......  ......  \1\0.5
------------------------------------------------------------------------
\1\Parts per million.                                                   

    (13) The Fresno County Air Pollution Control District's Regulation 
VI, as submitted on October 23, 1974, relating to episodes for carbon 
monoxide and photochemical oxidants averaged over 1 hour, shall apply to 
particular matter episodes averaged over 24 hours, except that the 
Administrator shall insure that declaration procedures, notification 
procedures, source inspections, and termination of such episodes occur.
    (14) The Administrator shall insure that the following actions will 
be taken in the source and receptor areas on the declaration of a Stage 
1, Stage 2 or Stage 3 episode:
    (i) For a Stage 1 or Stage 2 episode:
    (A) Persons operating any facility or activity named in paragraph 
(r)(5) of this section shall implement the appropriate plans submitted 
in accordance with subparagraph (5) of the declared Stage 1 or Stage 2 
episode for the appropriate air contaminant(s).
    (ii) For a Stage 3 episode:
    (A) The general public, schools, industrial, business, commercial, 
and governmental activities throughout Fresno County shall operate as 
though the day were a major national holiday.

[43 FR 22721, May 26, 1978]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.274, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.275  Particulate matter control.

    (a) The following rules or portions of rules are retained because 
they control emissions of particulate matter, and because there is no 
demonstration that their deletion would not interfere with the 
attainment and maintenance of the national standards for particulate 
matter:
    (1) Lake County APCD.
    (i) Part III-50 and Part V-1B, submitted on October 23, 1974, and 
previously approved under 40 CFR 52.223.
    (2) San Luis Obispo County APCD.
    (i) Rule 113, submitted on February 21, 1972, and previously 
approved under 40 CFR 52.223.
    (b) The following regulations are disapproved because they relax the 
control on particulate matter emissions without any accompanying 
analyses demonstrating that these relaxations will not interfere with 
the attainment

[[Page 195]]

and maintenance of the National Ambient Air Quality Standards.
    (1) Amador County APCD.
    (i) Rules 211 and 212, submitted on April 21, 1976. (Regulation V, 
Rules 13 and 14, submitted on June 30, 1972, and previously approved, 
are retained.)
    (ii) Rules 207 and 212, submitted on October 13, 1977. (The 
analogous Rules 10 and 14 of Regulation V, submitted on June 30, 1972, 
and previously approved, are retained and shall remain in effect for 
Federal enforcement purposes.)
    (2) Calaveras County APCD.
    (i) Rule 211, submitted on October 13, 1977. (Rule 211, submitted on 
July 22, 1975, and previously approved, is retained and shall remain in 
effect for Federal enforcement purposes.)
    (3) Del Norte County APCD.
    (i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976.
    (ii) Rules 420(e) and (f), submitted on November 4, 1977.
    (4) El Dorado County APCD.
    (i) Rule 212, submitted on April 10, 1975, and Rule 211, submitted 
on August 2, 1976. (The analogous Rule 55, submitted on February 21, 
1972, and previously approved, is retained and shall remain in effect 
for Federal enforcement purposes.)
    (5) Humbolt County APCD.
    (i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976.
    (ii) Rules 420(e) and (f), submitted on November 4, 1977.
    (6) Mariposa County APCD.
    (i) Rule 211, submitted on June 6, 1977. (Rule 211, submitted on 
January 10, 1975, and previously approved, is retained and shall remain 
in effect for Federal enforcement purposes.)
    (7) Mendocino County APCD.
    (i) Rule 410(c)(7), submitted on November 10, 1976.
    (ii) Rules 420(e) and (f), submitted on November 4, 1977.
    (8) Nevada County APCD.
    (i) Rule 212, submitted on April 10, 1975, and Rule 211, submitted 
on April 21, 1976. (Rule 52.1, submitted on June 30, 1972, and 
previously approved, is retained and shall remain in effect for Federal 
enforcement purposes.)
    (9) Northern Sonoma County APCD.
    (i) Rule 420(e), submitted on November 10, 1976.
    (ii) Rules 420(e) and (f), submitted on October 13, 1977.
    (10) Placer County APCD.
    (i) Rule 211, submitted on October 13, 1977. (The analogous Rule 61, 
submitted on June 30, 1972, and previously approved, is retained and 
shall remain in effect for Federal enforcement purposes.)
    (ii) Rules 202, 207, and 211, submitted on October 15, 1979; and 
Section 61, and Rules 202 and 207, previously approved in the June 30, 
1972, January 10, 1975, and October 13, 1977 submittals, are retained.
    (11) Plumas County APCD.
    (i) Rule 211, submitted on June 6, 1977. (The analogous Rule 211, 
submitted on January 10, 1975, and previously approved, is retained and 
shall remain in effect for Federal enforcement purposes.)
    (12) San Luis Obispo County APCD.
    (i) Rule 403, submitted on November 10, 1976.
    (13) Sierra County APCD.
    (i) Rule 211, submitted on June 6, 1977. (The analogous Rule 211, 
submitted on January 10, 1975, and previously approved, is retained and 
shall remain in effect for Federal enforcement purposes.)
    (14) Trinity County APCD.
    (i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976.
    (ii) Rules 420(e) and (f), submitted on November 4, 1977.

[43 FR 25675, June 14, 1978]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.275, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.276  Sulfur content of fuels.

    (a) The following rules or portions of rules are disapproved since 
they represent a relaxation of previously submitted regulations and an 
adequate control strategy demonstration has not been submitted showing 
that the relaxation will not interfere with the attainment and 
maintenance of the National Ambient Air Quality Standards:
    (1) North Central Coast Intrastate Region:
    (i) Monterey Bay Unified APCD.
    (A) Rule 412(a)(8), Sulfur Content of Fuels, submitted on October 
23, 1974.

[[Page 196]]

    (b) The deletion of the following rules from the State 
implementation plan is disapproved since their deletion represents a 
relaxation of the control strategy, and an adequate demonstration 
showing that the relaxation will not interfere with the attainment and 
maintenance of the national ambient air quality standards has not been 
submitted:
    (1) Southeast Desert Intrastate Region:
    (i) Imperial County APCD.
    (A) Rule 126, Sulfur Contents of Fuels, submitted on June 30, 1972 
and previously approved under 40 CFR 52.223.

[42 FR 56606, Oct. 27, 1977, as amended at 43 FR 35695, Aug. 11, 1978]



Sec. 52.277  Oxides of nitrogen, combustion gas concentration limitations.

    (a) The following rules are being retained to the extent that the 
new rules are less stringent than the previously approved rules:
    (1) North Central Coast Intrastate Region:
    (i) Monterey Bay Unified APCD.
    (A) Rule 404(c) submitted on February 21, 1972 by the Monterey-Santa 
Cruz Unified APCD and previously approved as part of the SIP, is being 
retained for sources combusting gaseous fuels. Rule 404(c) will be in 
effect for Monterey and Santa Cruz Counties only. Rule 404(c), submitted 
on November 10, 1976 by the Monterey Bay Unified APCD, will only be in 
effect for sources combusting liquid or solid fuels with heat input 
rates greater than 1\1/2\ billion BTU per hour in the Monterey and Santa 
Cruz portions of the Unified APCD.
    (B) Rule 408(b), submitted on February 21, 1972 by the San Benito 
County APCD and previously approved as part of the SIP, is being 
retained for sources combusting liquid, solid, or gaseous fuels with 
heat input rates less than 1\1/2\ billion BTU per hour. Rule 408(b) will 
be in effect for San Benito County only. Rule 404(c), submitted on 
November 10, 1976 by the Monterey Bay unified APCD, will only be in 
effect for sources combusting liquid, solid, or gaseous fuels with heat 
input rates greater than 1\1/2\ billion BTU per hour in the San Benito 
County portion of the Unified APCD.

[42 FR 56606, Oct. 27, 1977]



Sec. 52.278  Oxides of nitrogen control.

    (a) The following regulations are disapproved because they relax the 
control of nitrogen oxides emissions without an accompanying analysis 
demonstrating that this relaxation will not interfere with the 
attainment and maintenance of the National Ambient Air Quality 
Standards.
    (1) South central coast intrastate AQCR.
    (i) San Luis Obispo County APCD.
    (A) Rule 405(A)(1), Nitrogen Oxides Emission Standards Limitations 
and Prohibitions submitted on November 10, 1976, is disapproved; and 
Rule 114(4), Gaseous Contaminants Oxides of Nitrogen submitted on 
February 21, 1972 and previously approved in 40 CFR 52.223, is retained.

[43 FR 34467, Aug. 4, 1978]



Sec. 52.279  Food processing facilities.

    (a) The following regulations are disapproved because they conflict 
with the requirements of 40 CFR Subpart I [formerly Sec. 51.18], 
``Review of new sources and modifications,'' and relax the control on 
emissions from food processing facilities without any accompanying 
analyses demonstrating that these relaxations will not interfere with 
the attainment and maintenance of the National Ambient Air Quality 
Standards.
    (1) Merced County APCD Rules 210.1-II-J, 210.1-VII-F, 408-C (new 
sentences two and three), adopted on August 21, 1984, and submitted on 
October 5, 1984.
    (2) Bay Area Air Quality Management District sections 2-2-119, 2-2-
120. Adopted on September 19, 1984, and submitted on October 5, 1984.

[52 FR 3646, Feb. 5, 1987, as amended at 55 FR 31835, Aug. 6, 1990]



Sec. 52.280  Fuel burning equipment.

    (a) The following rules and regulations are disapproved because they 
relax the control on emissions from fuel burning equipment without any 
accompanying analyses demonstrating

[[Page 197]]

that these relaxations will not interfere with the attainment and 
maintenance of the National Ambient Air Quality Standards.
    (1) Mountain Counties Intrastate AQCR:
    (i) Amador County APCD.
    (A) Rules 209, submitted on April 21, 1976 and October 15, 1979, are 
disapproved; and Regulation V, Rule 19, previously approved in the June 
30, 1972 submittal, is retained.
    (B) Rule 210(B)(1), submitted on October 15, 1979, is disapproved; 
and Rules 11 and 210, previously approved in the June 30, 1972 and April 
21, 1976 submittals, are retained.
    (ii) Calaveras County APCD.
    (A) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on 
October 13, 1977, is disapproved; and Rule 408, Fuel Burning Equipment, 
previously approved in the June 30, 1972, submittal, is retained and 
shall remain in effect for Federal enforcement purposes.
    (iii) Tuolumne County APCD.
    (A) Rule 210, submitted on October 15, 1979, is disapproved; and 
Rule 407, previously approved in the June 30, 1972 submittal, is 
retained.
    (iv) Placer County APCD.
    (A) Rule 210, submitted on October 15, 1979, is disapproved, and 
Rule 210, previously approved in the October 13, 1977 submittal, is 
retained.
    (2) Sacramento Valley Intrastate AQCR:
    (i) Yolo-Solano APCD.
    (A) Rule 2.16, Fuel Burning Heat or Power Generators, submitted on 
July 19, 1974 is disapproved; and Rule 2.16, Fuel Burning Equipment, 
submitted on June 30, 1972 and previously approved as part of the SIP in 
40 CFR 52.223, is retained.
    (3) Southeast Desert Intrastate AQCR.
    (i) San Bernardino County Desert APCD.
    (A) Rule 474, Fuel Burning Equipment--Oxides of Nitrogen, submitted 
November 4, 1977, is disapproved. Rule 68 (same title) submitted June 
30, 1972 and approved in 40 CFR 52.223 is retained.
    (b) The deletion of the following rules or portions of rules from 
the State implementation plan is disapproved since their deletion 
represents a relaxation of the control strategy and an adequate 
demonstration showing that the relaxation will not interfere with the 
attainment and maintenance of the national ambient air quality standards 
has not been submitted:
    (1) Southeast Desert Intrastate Region:
    (i) Imperial County APCD.
    (A) Rule 131, Fuel Burning Equipment, submitted on February 21, 1972 
and previously approved under 40 CFR 52.223.
    (ii) San Bernardino County.
    (A) Rule 67, Fuel Burning Equipment as applied to new sources. The 
emission limit of Rule 67 is retained and is applicable only to existing 
sources already granted a permit.
    (c) The emission limits of Rules 67 and 72 are partially retained, 
applicable only to (existing) sources granted permits prior to June 17, 
1981.
    (1) South Coast Air Quality Management District.
    (i) Rules 67, Fuel Burning Equipment, and 72, Fuel Burning 
Equipment, submitted on November 19, 1979.

[43 FR 25677, 25684 June 14, 1978, as amended at 43 FR 35696, Aug. 11, 
1978; 43 FR 51774, Nov. 7, 1978; 43 FR 59490, Dec. 21, 1978; 44 FR 5664, 
Jan. 29, 1979; 46 FR 3889, Jan. 16, 1981; 46 FR 27116, 27118, May 18, 
1981; 47 FR 25016, June 9, 1982]



Sec. 52.281  Visibility protection.

    (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) Regulations for visibility monitoring. The provisions of 
Sec. 52.26 are hereby incorporated and made part of the applicable plan 
for the State of California.
    (c) Regulations for visibility new source review. The provisions of 
Sec. 52.27 are hereby incorporated and made part of the applicable plan 
for the State of California only with respect to:
    (1) Mendocino County air pollution control district,
    (2) Monterey County air pollution control district,
    (3) North Coast Unified air quality management district,
    (4) Northern Sonoma County air pollution control district, and

[[Page 198]]

    (5) Sacramento County air pollution control district.
    (d) The provisions of Sec. 52.28 are hereby incorporated and made 
part of the applicable plan for the State of California, except for:
    (1) Monterey County air pollution control district, and
    (2) Sacramento County air pollution control district.
    (e) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
California.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45138, Nov. 24, 1987]



                           Subpart G--Colorado



Sec. 52.320   Identification of plan.

    (a) Title of plan: ``Air Quality Implementation Plan for State of 
Colorado''.
    (b) The plan was officially submitted on January 26, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Request for legal authority submitted February 14, 1972, by the 
Governor.
    (2) Request for 110(e) extensions submitted March 20, 1972, by the 
Governor.
    (3) Statements by State Air Pollution Control Commission (APCC) 
related to public inspection of emission data, emergency episodes, and 
transportation control submitted May 1, 1972, by the APCC. (Non-
regulatory)
    (4) List of sources under compliance schedules submitted May 1, 
1972, by the State Department of Health.
    (5) Transportation Control Plans submitted June 4, 1973, by the 
Governor.
    (6) Statements relating to transportation control plans submitted 
July 16, 1973, by the Governor. (Non-regulatory)
    (7) Plan revisions submitted November 21, 1973, by the Governor 
which delete Section III of Regulation No. 1 only as it relates to 
existing sources in Appendix P concerning SO2.
    (8) On April 24, October 4, 1979, and January 7, 1980, the Governor 
submitted revisions to meet Part D and other sections of the Clean Air 
Act, as amended in 1977. No action is taken with regard to the revised 
stack height regulation.
    (9) Supplemental information about the Air Quality Maintenance Areas 
was submitted by the Governor on January 29, 1975.
    (10) Procedural rules for all proceedings before the Air Pollution 
Control Commission, submitted May 5, 1977, by the Governor.
    (11) On January 2, 1979, the Governor submitted the nonattainment 
area plan for all areas designated nonattainment as of March 3, 1978. 
EPA is taking no action on areas for which the Governor has requested 
redesignations (Larimer-Weld TSP and ozone; El Paso County ozone).
    (12) Extension request for attainment of CO and O3 was 
submitted by the Governor on January 5, 1979.
    (13) On July 5, 1979, the governor submitted the Air Pollution 
Control Commission's final comment on our May 11, 1979, proposal. This 
included a clarification that the ``No-Drive Day'' was not part of the 
State Implementation Plan and transportation control measures schedules 
for Larimer-Weld.
    (14) On July 18, 1979, the Commission committed to revising 
Regulation 7.
    (15) On July 23, 1979, the Governor submitted House Bills 1109, 
1090, and Senate Bill 1 as part of the plan.
    (16) On July 27, 1979, the Governor submitted the Denver Regional 
Council of Governments schedules for implementing the transportation 
control strategies, and clarified that the Transportation Development 
Plan was part of the plan.
    (17) On March 4, 1980, the Governor submitted a plan revision to 
meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart 
C, Sec. 58.20.
    (18) On May 29, 1980, the Governor submitted written evidence of the 
State's legal authority to implement and enforce an automobile emissions 
control program as well as schedules for implementing that program and a 
demonstration that it will achieve a 25% reduction in exhaust emissions 
by 1987.
    (19) On January 22 and February 6, 1980 the Governor submitted 
schedules for the implementation of transportation control measures for 
Denver and Larimer-Weld elements of the State Implementation Plan, 
respectively.
    (20) On April 21, 1980, the Governor submitted a plan revision to 
meet the

[[Page 199]]

data reporting requirements of section 127 of the Clean Air Act.
    (21) On June 22, 1980, the Governor submitted the following amended 
rules:

    REPEAL AND REPROMULGATION OF REGULATION NO. 3 ``A Regulation 
Requiring Air Pollutant Emission Notice, Emission Permits and Fees.''
    REVISIONS TO COMMON PROVISIONS REGULATION as they relate to changes 
in Regulation No. 3.

    (22) On June 5, 1980, the Governor submitted the following rules:

    REPEAL AND REPROMULGATION OF REGULATION NO. 7 ``A Regulations to 
Control Emissions of Volatile Organic Compounds'' and revisions to the 
Common Provisions Regulations as they relate to changes in Regulation 
No. 7.

    (23) On August 25, 1980, the Governor of Colorado submitted a site 
specific revision to the State Implementation Plan for Coors Container 
Corporation, Paper Packaging Division, in regard to alternative volatile 
organic compound emissions reduction for its printing presses.
    (24) Provisions to meet the requirements of sections 110 and 172 of 
the Clean Air Act, as amended in 1977, regarding control of Group II VOC 
sources were submitted on January 6, 1981, and the supplemental 
information received on August 20, 1981.
    (25) On December 29, 1980, the Governor submitted the following 
rule: Regulation No. 11, covering procedures for garage licensing 
(including mechanic testing and licensing), equipment requirements 
(including standards and specifications for exhaust gas analyzers), 
requirements for inspections, and emission standards as part of the 
Colorado motor vehicle inspection program.
    (26) On March 23, 1981, the Governor submitted revised regulations 
limiting sulfur dioxide emissions from certain oil shale production 
facilities.
    (27) On April 12, 1982, the Governor submitted the plan revisions to 
show attainment of the lead National Ambient Air Quality Standard.
    (28) Regulation Number 7 is part of the plan.
    (29) Provisions to meet the requirements of Part D of the Clean Air 
Act for carbon monoxide in Colorado Springs, Fort Collins, and Greeley 
and ozone in Denver were submitted on June 24, 1982, and supplemented by 
information submitted on May 4, 1983,by the Colorado Air Quality Control 
Commission.
    (30) Revisions to Air Pollution Control Commission Regulation No. 1 
related to fugitive particulate emissions, were submitted by the 
Governor on June 22, 1982; on December 6, 1982; and on March 23, 1983, 
with a technical clarification dated August 5, 1982. Included is 
approval of requirements for continuous emission monitoring (CEM) of 
sulfur dioxide on fossil fuel fired steam generator with greater than 
250 million BTU per hour heat input. Also addressed is the reinstatement 
of the 40% opacity limitation for wigwam waste-wood burners into 
Regulation No. 1. With this is the addition of operation and maintenance 
(O&M) requirements to promote improved operation of the wigwam burners.
    (i) Incorporation by reference
    (A) Emission Control Regulations for Particulates, Smokes and Sulfur 
Oxides for the State of Colorado, Regulation No. 1.II (Smoke and 
Opacity); III (Particulates); IV (Continuous Emission Monitoring 
Requirements for Existing Sources; VII (Statements of Basis and 
Purpose); and Appendices A and B; which were effective on May 30, 1982.
    (B) Colorado Air Quality Control Commission Common Provisions 
Regulation which was effective on May 30, 1982.
    (C) Letter of August 5, 1982, from the State of Colorado to EPA. 
Clarification of the SIP Re: Continuous Emission Requirements for Oxides 
of Sulfur from Fossil Fueled Steam Generators.
    (31) Revisions to Air Pollution Control Commission Regulation No. 11 
related to the Colorado Inspection and Maintenance (I/M) program for 
exhaust emission inspection of motor vehicles, submitted by the Governor 
on December 10, 1984.
    (32) Revisions to Air Pollution Control Commission Regulation No. 1, 
section II.A.6 and III.C.2 (a) and (b), submitted by the Governor on 
April 9, 1985.
    (i) Incorporation by reference.
    (A) Revisions to Air Pollution Control Commission Regulation No. 1,

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``Emission Control Regulation for Particulates, Smokes, and Sulfur 
Oxides for the State of Colorado,'' sections II.A.6 and III.C.2 (a) and 
(b), effective March 2, 1985.
    (33) A revision to Regulation No. 4, ``Regulation on the Sale of New 
Woodstoves'', to control emissions from new woodstoves was submitted by 
the Governor on October 24, 1986.
    (i) Incorporation by reference
    (A) Colorado Air Quality Control Commission Regulation No. 4, 
``Regulation on the Sale of New Woodstoves'' (Section III.A., E., F., G. 
and Section VI.B. and C.) adopted June 27, 1985.
    (34) [Reserved]
    (35) Colorado Air Pollution Control Commission Regulation No. 4, 
``Regulation on the Sale of New Wood Stoves'', submitted by the Governor 
on July 18, 1985.
    (i) Incorporation by reference.
    (A) Colorado Air Quality Control Commission Regulation No. 4., 
``Regulation on the Sale of New Wood Stoves'', adopted June 27, 1985.
    (36) ``Revisions to Colorado Regulation No. 3 Requiring Air 
Contaminant Emission Notices, Emission Permits and Fees as it Relates to 
the Prevention of Significant Deterioration'' and ``Revisions to Common 
Provision Regulation as Related to Regulation 3.'' Changes submitted 
April 18, 1983, by the Governor.
    (37) Supplemental information submitted on December 16, 1985, by the 
Colorado Department of Health concerning compliance with EPA's stack 
height regulations in issuing PSD permits.
    (i) Incorporation by reference.
    (A) Revisions to Regulation 3 and Common Provisions Regulation 
adopted March 10, 1983, by the Colorado Air Quality Control Commission.
    (B) Supplemental information submitted on December 16, 1985, by the 
Colorado Department of Health concerning compliance with EPA's stack 
height regulation in issuing PSD permits.
    (38) Revisions to Regulation 1 to control emissions from alfalfa 
dehydrators were submitted by the Governor on July 29, 1987.
    (i) Incorporation by reference.
    (A) Section II.A.6 and introductory text of Section III.C.2.a of 
Regulation 1 adopted by the Colorado Air Quality Control Commission on 
January 15, 1987, effective on March 2, 1987.
    (39) Regulation 12, to control emissions from diesel fleets with 
nine or more vehicles over 7,500 pounds empty weight, registered in the 
AIR Program area (the Colorado I/M program), was submitted by the 
Governor on December 21, 1987.
    (i) Incorporation by reference
    (A) Colorado Air Quality Control Commission, Regulation No. 12, 
adopted December 18, 1986, and effective January 30, 1987.
    (40) A revision to the Colorado SIP was submitted by the Governor on 
May 8, 1986, for Visibility New Source Review.
    (i) Incorporation by Reference.
    (A) Revision to the Colorado State Implementation Plan regarding 
Revision to Regulation No. 3, Section XIV was submitted by the Governor 
on April 18, 1983, and was adopted on March 10, 1983.
    (B) Revision to the Colorado State Implementation Plan regarding 
Revision to Regulation No. 3, Section IV was submitted by the Governor 
on May 8, 1986, and was adopted on March 20, 1986.
    (41) A revision to the SIP was submitted by the Governor on December 
21, 1987, for visibility general plan requirements, monitoring, and 
long-term strategies.
    (i) Incorporation by reference:
    (A) Letter dated December 21, 1987, from Governor Roy Romer 
submitting the Colorado Visibility SIP revision.
    (B) The visibility SIP revision, Regulation No. 3, ``Regulation 
requiring an air contaminant emission notice, Emission Permit Fees'', 
section XV, adopted by the Colorado Air Quality Control Commission on 
November 19, 1987.
    (42) Revisions to Air Pollution Control Regulation No. 1, requiring 
reasonably available control technology RACT for carbon monoxide control 
on petroleum refinery catalytic cracking units were submitted by the 
Governor on May 8, 1986.
    (i) Incorporation by reference.

[[Page 201]]

    (A) Revisions to Section IV., paragraphs IV.A., IV.D.2. and IV.E., 
and Section VII., Regulation No. 1, emission control regulations for 
particulates, smokes, carbon monoxide, and sulfur oxides for the State 
of Colorado requiring CEM and RACT on petroleum refinery catalytic 
cracking units in the metro Denver area effective on April 30, 1986.
    (43) On June 15, 1988, the Governor submitted revisions to the CO 
SIP for Colorado Springs. The revisions contain a new measure, the Clean 
Air Campaign. EPA considers all other aspects of the submittal to be 
surplus.
    (i) Incorporation by reference
    (A) Clean Air Campaign portion of the Carbon Monoxide State 
Implementation Plan for the Colorado Springs urbanized area, revised 
August 12, 1987.
    (44) A revision to Regulation No. 4 of the Colorado SIP which 
exempts certain woodburning devices from the certification requirements 
of Regulation No. 4 was submitted by the Governor of Colorado on 
September 10, 1988.
    (i) Incorporation by reference. (A) In a letter dated September 10, 
1988, Roy Romer, Governor of Colorado, submitted a revision to 
Regulation No. 4 of the Colorado SIP.
    (B) Paragraph (I)(A)(10)-(13) and (II)(C), revisions to Regulation 
No. 4, ``Regulation on the Sale of New Woodstoves,'' of the Colorado SIP 
became effective on June 30, 1988.
    (45) In a letter dated May 8, 1986, the Governor submitted revisions 
to the Colorado Regulation No. 3 (Regulation Requiring an Air 
Contaminant Emission Notice, Emission Permit Fees) of the Colorado SIP 
modifying stack evaluations. The changes consisted of (1) new 
definitions of dispersion techniques, good engineering practice, nearby, 
and excessive concentrations (Section XII.D.) and (2) rules clarifying 
technical modeling and monitoring requirements (Section XII.C.).
    (i) Incorporation by reference. (A) Revisions to the Colorado 
Regulation No. 3 (Regulation Requiring and Air Contaminant Emission 
Notice, Emission Permit Fees), Section XII, adopted March 20, 1986, by 
the Colorado Air Quality Control Commission.
    (46) On July 29, 1987, the Governor submitted:
    (1) Amendments to Colorado Regulation No. 11 (Inspection/Maintenance 
(I/M) program) and
    (2) Regulation No. 13 (oxygenated fuels program).
    (i) Incorporation by reference:
    (A) Regulation No. 11, revised January 15, 1987, effective March 2, 
1987.
    (B) Regulation No. 13, adopted June 29, 1987, effective July 30, 
1987.
    (47) In a letter dated October 23, 1985, the Director of the Air 
Pollution Control Division submitted the stack height demonstration 
analysis. Supplemental information was submitted on June 20, 1986, 
December 4, 1986, February 3, 1987, March 3, 1988, March 15, 1988, July 
6, 1988 and August 16, 1988.
    (i) Incorporation by reference. Stack height demonstration analyses 
submitted by the State on October 23, 1985, June 20, 1986, December 4, 
1986, February 3, 1987, March 3, 1988, March 15, 1988, July 6, 1988 and 
August 16, 1988.
    (48) [Reserved]
    (49) A revision to Regulation No. 4 of the Colorado SIP submitted on 
June 29, 1990, prohibits persons from operating a wood-burning stove or 
fireplace during a high pollution day in specified areas.
    (i) Incorporation by reference.
    (A) Revisions to Regulation No. 4, ``Regulation on the Sale of New 
Woodstoves,'' effective on June 30, 1990.
    (50) [Reserved]
    (51) On June 29, 1990, the Governor of Colorado submitted revisions 
to the plan. The revisions include amendments to the Common Provisions 
Regulation and Regulation No. 3 for emission permit fees and prevention 
of significant deterioration of air quality (PSD) regulations to 
incorporate the nitrogen dioxide (NO2) increments.
    (i) Incorporation by reference. (A) Revisions to the Colorado Air 
Quality Control Regulations, Common Provisions Regulation and Regulation 
No. 3, which were effective on June 30, 1990.
    (ii) Additional material. (A) October 22, 1990 letter from Douglas 
Skie, EPA, to Bradley Beckham, Director, Air Pollution Control Division.
    (B) November 5, 1990 letter from Bradley Beckham, Director, Air 
Pollution Control Division, to Douglas Skie, EPA.
    (52) [Reserved]

[[Page 202]]

    (53) Revisions to the Colorado State Implementation Plan were 
submitted by the Governor of Colorado on July 13, 1990. The revision 
adds a voluntary educational Better Air Campaign to the Ft. Collins 
Carbon Monoxide element of the Colorado SIP.
    (i) Incorporation by reference.
    (A) The Fort Collins Better Air Campaign as defined in Exhibit ``A'' 
and adopted on September 5, 1989, through Resolution 89-161.
    (54) On November 17, 1988 the Governor submitted revisions to 
Regulation No. 3 and the Common Provisions Regulation which included:
    Provisions for the review of new sources to protect the PM-10 
national ambient air quality standards (NAAQS) and for consistency with 
EPA requirements;
    Amendments to address deficiencies and previous EPA disapprovals as 
identified in the May 26, 1988 SIP Call;
    Provisions for the certification and trading of emission offset 
credits; and
    Amendments to increase permit processing and annual fees.
    (i) Incorporation by reference
    (A) Regulation No. 3: Sections I.B.2.c.(i)-(vi), I.B.3.a., II.B.1.d 
& e, II.B.3.c., II.C.1.h., II.C.3., III.A.1., IV.C.4.e., IV.C.4.f.(i) & 
(iv)-(v), IV.C.6-10, IV.D.1.e., IV.D.2.a.(iv), IV.D.2.b., IV.D.2.c.(i) & 
(ii), IV.D.3.a.(vi), IV.D.3.b.(i)(D), IV.D.3.b.(iii)(A)(3), (5), (7), & 
(11), IV.D.3.d.(ii), IV.D.3.e., IV.G.3., IV.H.7., V.C-I, VI.A.2., 
VI.C.1., VI.D., VII.A., VIII.D., IX.K., XIII.B., XIV.B.1, XIV.B.4.c.; 
and the Common Provisions Regulation: Section I.G., definitions of 
``Best Available Control Technology,'' ``Complete,'' ``Construction,'' 
``Enforceable,'' ``Fixed Capital Cost,'' ``Lowest Achievable Emission 
Rate (LAER),'' ``Modification,'' Net Emissions Increase,'' ``Particulate 
Matter,'' ``Particulate Matter Emissions,'' ``PM10,'' ``PM10 
Emissions,'' ``Reconstruction,'' ``Significant,'' ``Total Suspended 
Particulate;'' revised August 18, 1988, effective September 30, 1988.
    (ii) Additional Material
    (A) Letter dated April 29, 1991 from the Colorado Air Pollution 
Control Division to EPA.
    (55) [Reserved]
    (56) Revisions to the Colorado State Implementation Plan were 
submitted by the Governor in letters dated October 25, 1989, and October 
30, 1991. The revisions consist of amendments to Regulation No. 12, 
``Reduction of Diesel Vehicle Emissions.''
    (i) Incorporation by reference.
    (A) Regulation No. 12 revisions adopted on July 20, 1989, and 
effective on August 30, 1989, as follows: Part A (Diesel Fleet Self-
Certification Program): I.B.2.; I.C.1.; I.D.; II.A.2.b., c.; all of IV. 
except those sections noted below; and add new Parts B (Diesel Opacity 
Inspection Program) and C (Standards for Visible Pollutants from Diesel 
Engine Powered Vehicles--Operating on Roads, Streets and Highways), 
except those sections noted below. Regulation No. 12 revisions adopted 
on September 19, 1991, and effective on October 30, 1991, as follows: 
Part A: I.A.; I.B.3-18.; I.C.2.; II.A.1.; II.A.2.d., f., g., III.A.; 
IV.A.2.; IV.C.1.c., g.; IV.C.2.c., h.; IV.C.3.f., i.; IV.C.4.k.; 
IV.C.5.a.iv.; IV.C.5.b.; V.; VI.; VII.; VIII.; Part B: I.B.2., 7., 19., 
30.-37., 40., 50., 51.; I.C.2.; I.D.; I.E.3.; II.C.1.b.iv.; II.E.2.c., 
e.; II.E.8.; III.A.; III.B.4.; III.C.4.b.viii.-ix.; III.D.3.b.vi., xi.; 
III.D.3.c.viii., xiii.; V.; VI.; and Part C: A.-F.
    (57) Revision to the State Implementation Plan for Carbon Monoxide: 
Greeley Element.
    (i) Incorporation by reference.
    (A) Letter and submittal dated November 25, 1987, from the Governor 
of Colorado to the EPA Region VIII Administrator, to revise the SIP to 
include the Greeley Element. The revision was adopted by the State on 
September 17, 1987.
    (58) On November 17, 1988, the Governor submitted an amendment to 
Colorado Regulation No. 1, Section II.A.9., to exempt the destruction of 
Pershing missiles under the Intermediate-Range Nuclear Forces (INF) 
Treaty from meeting the opacity limits.
    (i) Incorporation by reference.
    (A) Regulation No. 1, Section II.A.9., adopted September 15, 1988, 
effective October 30, 1988.
    (59) Revisions to the State's new source review and prevention of 
significant deterioration permitting rules in the Common Provisions 
Regulation

[[Page 203]]

and Regulation No. 3, which were submitted by the Governor on April 9, 
1992.
    (i) Incorporation by reference.
    (A) Regulation No. 3: Sections I.A., I.B.2.c. through e., I.B.3.e. 
and f., II.B.1., II.B.2., II.C., III.A.1., III.B., III.D., IV.B.2., 
IV.C.4., IV.C.7., IV.C.9, IV.D.1., IV.D.2.a.(ii) and (iv), IV.D.2.b.(i), 
IV.D.3.a.(iii) and (vi), IV.D.3.b.(iv), IV.H., IV.I., V.A., V.C.1., 
V.C.3., V.D.1., V.D.2., V.D.4., V.D.5., V.D.11., V.E.1., V.E.5., 
V.F.10., V.F.11., V.F.13., V.G.7., V.G.8., V.H.3., V.H.7. and 8., 
V.I.3., VI.A.1., VI.C.2., IX.D., XII.D., XIII.B.4., XIII.B.6., and 
XV.D.2.; and the Common Provisions Regulation: Sections I.D.2., I.F., 
II.C.1., II.C.4., IV., and Section I.G.- definitions of ``best available 
control technology,'' ``commenced construction,'' ``complete,'' 
``federally enforceable,'' ``modification,'' ``potential to emit,'' 
``reasonable further progress,'' and ``stationary source;'' revised 
October 17, 1991, effective November 30, 1991.
    (60) Revisions to the Long-Term Strategy of the Colorado State 
Implementation Plan for Class I Visibility Protection were submitted by 
the Governor in a letter dated November 18, 1992. The submittal 
completely replaces the previous version of the Long-Term Strategy and 
includes amendments to Air Quality Control Commission Regulation No. 3, 
``Air Contaminant Emissions Notices.''
    (i) Incorporation by reference.
    (A) Revisions to the Visibility Chapter of Regulation No. 3 as 
follows: XV.F.1.c. as adopted on August 20, 1992, and effective on 
September 30, 1992.
    (61) The Governor of Colorado submitted a portion of the 
requirements for the moderate nonattainment area PM10 State 
Implementation Plan (SIP) for Denver, Colorado with a letter dated June 
7, 1993, and subsequent submittals dated September 3, 1993, and October 
20, 1993, fulfilling most of the commitments made in the June 7, 1993, 
letter. The submittals were made to satisfy those moderate PM10 
nonattainment area SIP requirements due for the Denver PM10 
nonattainment area on November 15, 1991. EPA is approving, for the 
limited purpose of strengthening the SIP, the control measures contained 
in the SIP revisions identified above. (EPA is not approving, at this 
time, the control measures limiting the emissions from Purina Mills and 
Electron Corporation.)
    (i) Incorporation by reference.
    (A) Revisions to Regulation No. 4, ``Regulation on the Sale of New 
Woodstoves and the Use of Certain Woodburning Appliances During High 
Pollution Days,'' as adopted by the Air Quality Control Commission on 
June 24, 1993, effective August 30, 1993, as follows: insert new Section 
VIII and recodification of References Section. This revision pertains to 
local jurisdiction implementation and enforcement of ordinances and 
resolutions restricting wood burning on high pollution days.
    (B) Regulation No. 16, ``Concerning Material Specifications for, Use 
of, and Clean-up of Street Sanding Material,'' as adopted by the Air 
Quality Control Commission on June 24, 1993, effective August 30, 1993, 
as follows: recodification of Regulation and addition of Sections II and 
III, which regulate emissions from street sanding and sweeping in the 
Denver PM10 nonattainment area.
    (C) Revisions to Regulation No. 1, ``Emission Control Regulations 
for Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides for the 
State of Colorado,'' as adopted by the Air Quality Control Commission on 
August 19, 1993, effective October 30, 1993, as follows: insert new 
Sections VII and VIII and recodification of the two following Sections, 
``Emission Regulations Concerning Areas Which are Nonattainment for 
Carbon Monoxide--Refinery Fluid Bed Catalytic Cracking Units'', and 
``Statements of Basis and Purpose'' Sections. The revisions pertain to 
restrictions on the use of oil as a back-up fuel for certain sources and 
set new emission limits at the following Public Service Company Power 
Plants: Cherokee, Arapahoe, and Valmont.
    (D) Coors Glass Plant allowable emission limitations on three 
furnaces.
    1. Permit 92JE129-1, effective date January 19, 1993, regulating 
emissions at the KTG glass melting furnace #1.
    2. Permit 92JE129-2, effective date January 19, 1993, regulating 
emissions at the KTG glass melting furnace #2.

[[Page 204]]

    3. Permit 92JE129-3, effective date January 19, 1993, regulating 
emissions at the KTG glass melting furnace #3.
    (E) Conoco Refinery allowable emission limitations from the 
refinery.
    1. Permit 90AD524, effective date March 20, 1991, regulating a Tulsa 
natural gas fired 20MMbtu/hour heater equipped with low-Nox burners.
    2. Permit 90AD053, effective date March 20, 1991, regulating process 
heaters H-10, H-11 and H-27 and process boilers B4, B6, and B8 all 
burning fuel gas only.
    3. Permit 91AD180-3, effective December 28, 1992, regulating the 
three stage Claus sulfur recovery unit with tail gas recovery unit.
    (ii) Additional material.
    (A) Regional Air Quality Council, ``Guidelines for Reducing Air 
Pollution from Street Sanding'' sets voluntary guidelines for public 
works departments to follow to reduce the amount of street sand applied, 
and includes recommendations for increasing the effectiveness of street 
cleaning operations.
    (B) Adolph Coors Company Brewery permit emission limitations on five 
boilers. Permits: C-12386-1&2, C-12386-3, C-10660, C-11199, and C-11305.
    (62) On February 24, 1993, and December 9, 1993, the Governor of 
Colorado submitted revisions to the Colorado State implementation plan 
(SIP) to satisfy those moderate PM-10 nonattainment area SIP 
requirements for Pagosa Springs, Colorado due to be submitted by 
November 15, 1991. Included in the December 9, 1993 submittal were PM-10 
contingency measures for Pagosa Springs to satisfy the requirements of 
section 172(c)(9) of the Act due to be submitted by November 15, 1993.
    (i) Incorporation by reference.
    (A) Colorado Air Quality Control Commission Nonattainment Areas 
regulation, section I. ``Pagosa Springs Nonattainment Area,'' adopted on 
November 19, 1992, effective on December 30, 1992, with revisions 
adopted on November 12, 1993, effective on December 30, 1993.
    (63)  [Reserved]
    (64) On December 9, 1993, the Governor of Colorado submitted 
PM10 contingency measures for the moderate nonattainment PM10 
areas of Canon City and Lamar, Colorado. The submittal was made to 
satisfy the moderate PM10 nonattainment area requirements for 
contingency measures due for Canon City and Lamar on November 15, 1993.
    (i) Incorporation by reference.
    (A) Colorado Air Quality Control Commission Nonattainment Area 
Regulation, Section IV. ``Lamar Nonattainment Area,'' and Section V. 
``Canon City Nonattainment Area--PM-10,'' adopted on November 12, 1993, 
and effective December 30, 1993.
    (65) On January 15, 1992, March 17, 1993, and December 9, 1993, the 
Governor of Colorado submitted revisions to the Colorado State 
implementation plan (SIP) to satisfy those moderate PM-10 nonattainment 
area SIP requirements for Aspen, Colorado due to be submitted by 
November 15, 1991. Included in the December 9, 1993 submittal were PM-10 
contingency measures for Aspen to satisfy the requirements of section 
172(c)(9) of the Act due to be submitted by November 15, 1993.
    (i) Incorporation by reference.
    (A) Colorado Air Quality Control Commission Nonattainment Areas 
regulation, all of Section III. ``Aspen/Pitkin County PM-10 
Nonattainment Area'' except Section III.C.6., adopted on January 21, 
1993 effective on March 2, 1993, with revisions adopted on November 12, 
1993, effective on December 30, 1993.
    (66) On January 14, 1993, the Governor of Colorado submitted 
revisions to the new source review and prevention of significant 
deterioration requirements in the Common Provisions Regulation and 
Regulation No. 3, as well as a revision to Regulation No. 7 pertaining 
to volatile organic compounds of negligible photochemical reactivity.
    (i) Incorporation by reference.
    (A) Air Quality Control Commission Common Provisions Regulation, 
Section I.C. and Section I.G., definitions of ``adverse environmental 
effect,'' ``air pollutant,'' ``best available control technology,'' 
``federal act,'' ``federally enforceable,'' ``hazardous air pollutant,'' 
paragraph h. in ``net emissions increase,'' ``ozone depleting 
compound,'' and ``significant;'' revised 11/19/92, effective 12/30/92.

[[Page 205]]

    (B) Air Quality Control Commission Regulation No. 3 Air Contaminant 
Emission Notices, Sections I.B.1., I.B.2.c-e., I.B.3.e-f., IV.B.3-5, 
IV.D.2.a.(iii), IV.D.2.c., IV.D.3., IV.D.4., IV.E., IV.F., IV.H., 
V.E.9., VI.B.1., VI.B.4., VI.B.5., VI.C., VII.C., VIII.A., VIII.C.1., 
XI.A., and XIII.A. and B.; revised 11/19/92, effective 12/30/92.
    (C) Air Quality Control Commission Regulation No. 7 Emissions of 
Volatile Organic Compounds, Section II.B.; revised 11/19/92, effective 
12/30/92.
    (67) On November 27, 1992, the Governor of Colorado, submitted a 
revision to the Colorado SIP. This revision replaces previous versions 
of Regulation No. 13 with the amended Regulation No. 13 (oxygenated 
gasoline program) adopted September 17, 1992. Regulation No. 13 requires 
the oxygenated gasoline programs to be implemented in the Fort Collins-
Loveland, Colorado Springs, and Boulder-Denver Metropolitan Statistical 
Areas (MSA) as required by Section 211(m) of the Clean Air Act 
Amendments of 1990.
    (i) Incorporation by reference.
    (A) Revision to Regulation No. 13, ``Oxygenated Gasoline Program,'' 
as adopted by the Colorado Air Quality Control Commission on September 
17, 1992, effective October 10, 1992, as follows: entire Regulation 
revision. This regulation supersedes and replaces all previous revisions 
to Regulation No. 13, (40 CFR, 52.320(46)(2)).
    (68) The Governor of Colorado submitted a portion of the 
requirements for the moderate nonattainment area PM10 State 
Implementation Plan (SIP) for Telluride, Colorado with a letter dated 
March 17, 1993. The submittal was made to satisfy those moderate 
PM10 nonattainment area SIP requirements due for Telluride on 
November 15, 1991; however, the submittal did not contain quantitative 
milestones to provide for maintenance of the PM10 National Ambient 
Air Quality Standards through December 1997. The Governor of Colorado 
submitted moderate PM10 nonattainment area contingency measures for 
Telluride with a letter dated December 9, 1993. This submittal was 
intended to satisfy the requirements of section 172(c)(9) of the Clean 
Air Act due on November 15, 1993.
    (i) Incorporation by reference.
    (A) Colorado Air Quality Control Commission Nonattainment Areas 
regulation, Section II., Telluride Nonattainment Area, adopted January 
21, 1993 and effective on March 2, 1993, with revisions adopted November 
12, 1993 and effective December 30, 1993.
    (ii) Additional material.
    (A) The commitment and schedule for the adoption and implementation 
of PM10 control measures that are necessary to demonstrate 
maintenance of the 24-hour PM10 standard in Telluride, which were 
submitted in an April 21, 1994 letter from Thomas Getz, Air Pollution 
Control Division, to Douglas M. Skie, EPA.
    (69) On January 14, 1994 and on June 24, 1994, Roy Romer, the 
Governor of Colorado, submitted SIP revisions to the Implementation Plan 
for the Control of Air Pollution. This revision establishes and requires 
the implementation of an enhanced motor vehicle inspection and 
maintenance program in the Denver and Boulder urbanized areas as 
required by section 187(a)(6) of the Clean Air Act Amendments of 1990. 
This material is being incorporated by reference for the enforcement of 
Colorado's enhanced I/M program only.
    (i) Incorporation by reference.
    (A) Colo. Rev. Stat. Sections 42-4-306.5--42-4-316 adopted June 8, 
1993 as House Bill 93-1340, effective July 1, 1993.
    (B) Regulation No. 11 (Inspection/Maintenance Program) as adopted by 
the Colorado Air Quality Control Commission (AQCC) on March 17, 1994.
    (ii) Additional materials.
    (A) SIP narrative and technical appendices 1-20 as corrected and 
approved by the AQCC on June 21, 1994. The narrative is entitled ``State 
of Colorado Motor Vehicle Inspection and Maintenance State 
Implementation Plan'', dated December 16, 1993 with technical 
corrections.
    (70) Revisions to the Colorado State Implementation Plan were 
submitted by the Governor on September 27, 1989, and August 30, 1990. 
The revisions consist of amendments to the Ozone provisions in 
Regulation No. 7, ``Regulation To Control Emissions of Volatile Organic 
Compounds.''
    (i) Incorporation by reference.

[[Page 206]]

    (A) Revisions to Regulation No. 7, Sections 7.I (Applicability), 
7.II (General Provisions), 7.III (General Requirements for Storage and 
Transfer of Volatile Organic Compounds), 7.IV (Storage of Highly 
Volatile Organic Compounds), 7.V (Disposal of Volatile Organic 
Compounds), 7.VI (Storage and Transfer of Petroleum Liquid), 7.VIII 
(Petroleum Processing and Refining), 7.IX (Surface Coating Operations), 
7.X (Use of Solvents for Degreasing and Cleaning), 7.XI (Use of Cutback 
Asphalt), 7.XII (Control of VOC Emissions from Dry Cleaning Facilities 
Using Perchloroethylene as a Solvent), 7.XIII (Graphic Arts), 7.XIV 
(Pharmaceutical Synthesis), 7.XV (Control of Volatile Organic Compound 
Leaks from Vapor Collection Systems Located at Gasoline Terminals, Bulk 
Plants, and Gasoline Dispensing Facilities), and Appendices A (Criteria 
for Control of Vapors from Gasoline Transfer to Storage Tanks), B 
(Criteria for Control of Vapors from Gasoline Transfer at Bulk Plants-
Vapor Balance System), and D (Test Procedures for Annual Pressure/Vacuum 
Testing of Gasoline Transport Trucks). The following new emission 
sources and appendices were added to Regulation No. 7: 7.IX.A.7 
(Fugitive Emission Control), 7.IX.N. (Flat Wood Paneling Coating), 
7.IX.O. (Manufacture of Pneumatic Rubber Tires), and Appendix E 
(Emission Limit Conversion Procedure). These revisions became effective 
on October 30, 1989, and August 30, 1990.
    (ii) Additional material.
    (A) February 5, 1992, letter from John Leary, Acting Director, 
Colorado Air Pollution Control Division, to Douglas Skie, EPA. This 
letter contained the State's commitment to conduct capture efficiency 
testing using the most recent EPA capture efficiency protocols, and the 
commitment to adopt federal capture efficiency test methods after they 
are officially promulgated by EPA.
    (71)-(72)  [Reserved]
    (73) On January 14, 1994 and on June 24, 1994, Roy Romer, the 
Governor of Colorado, submitted SIP revisions to the State 
Implementation Plan for the Control of Air Pollution. This revisions 
requires the implementation of a basic motor vehicle inspection and 
maintenance program in the urbanized areas of El Paso (Colorado 
Springs), Larimer (Fort Collins), and Weld (Greeley) Counties meeting 
the requirements of the Clean Air Act Amendments of 1990. This material 
is being incorporated by reference for the enforcement of Colorado's 
basic I/M program only.
    (i) Incorporation by reference.
    (A) Colo. Rev. Stat. Secs. 42-4-306.5--42-4-316 adopted June 8, 1993 
as House Bill 93-1340, effective July 1, 1993.
    (B) Regulation No. 11 (Inspection/Maintenance Program) as adopted by 
the Colorado Air Quality Control Commission (AQCC) on March 17, 1994, 
effective April 30, 1994.

[37 FR 10855, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.320, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.321   Classification of regions.

    The Colorado plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Pawnee Intrastate.........................................           I        III       III       III        III
Metropolitan Denver Intrastate............................           I        III       III         I          I
Comanche Intrastate.......................................         III        III       III       III        III
San Isabel Intrastate.....................................           I        III       III       III        III
San Luis Intrastate.......................................         III        III       III       III        III
Four Corners Interstate...................................          IA         IA       III       III        III
Grand Mesa Intrastate.....................................         III        III       III       III        III
Yampa Intrastate..........................................         III        III       III       III        III
----------------------------------------------------------------------------------------------------------------

[37 FR 10855, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 44 
FR 57409, Oct. 5, 1979]

[[Page 207]]



Sec. 52.322  Extensions.

    The Administrator, by authority delegated under section 188(d) of 
the Clean Air Act, as amended in 1990, extends for one year (until 
December 31, 1995) the attainment date for the Denver, Colorado, PM-10 
nonattainment area.

[60 FR 52315, Oct. 6, 1995]



Sec. 52.323  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Colorado's plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds that the plan satisifies all requirements of 
Part D, Title 1, of the Clean Air Act as amended in 1977, except as 
noted below.

[44 FR 57410, Oct. 5, 1979]



Sec. 52.324   Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met 
since the State lacks the authority to require owners or operators of 
stationary sources to install, maintain, and use emission monitoring 
devices and to make periodic reports to the State on the nature and 
amounts of emissions from such stationary sources.
    (b) Delegation of authority: Pursuant to section 114 of the Act, 
Colorado requested a delegation of authority to enable it to require 
sources to install and maintain monitoring equipment and to report 
periodically on the nature and amount of their emissions. The 
Administrator has determined that Colorado is qualified to receive a 
delegation of the authority it requested. Accordingly, the Administrator 
delegates to Colorado his authority under section 114(a)(1)(B) and (C) 
of the Act, i.e., authorityto require sources within the State of 
Colorado to install and maintain monitoring equipment and to report 
periodically on the nature and amount of their emissions.
    (c) The requirements of Sec. 51.230(d) of this chapter are not met 
since Regulation No. 3 provides that an emission permit be issued when 
automatically specific defined time limits have been exceeded. EPA will 
consider invalid any permit granted automatically pursuant to Section 
IV.F. of Regulation No. 3. Persons constructing or modifying sources 
under the authority of automatically issued permits will be subject to 
Federal enforcement action.

[37 FR 10855, May 31, 1972, as amended at 46 FR 24182, Apr. 30, 1981; 51 
FR 40676, Nov. 7, 1986]
Sec. 52.325  [Reserved]



Sec. 52.326  Area-wide nitrogen oxides (NOX) exemptions.

    The Denver Regional Council of Governments (DRCOG) submitted a 
NOX exemption petition to the EPA on May 25, 1994 and submitted 
supporting documentation via a letter dated August 1, 1994. This 
petition requested that the Denver metropolitan area, a transitional 
ozone nonattainment area, be exempted from the requirement to meet the 
NOX provisions of the Federal transportation and general conformity 
rule with respect to ozone. The exemption request was based on 
monitoring data which demonstrated that the National Ambient Air Quality 
Standard for ozone had been attained in this area for the 3 years prior 
to the petition. The EPA approved this exemption request on July 28, 
1995.

[60 FR 40291, Aug. 8, 1995]
Secs. 52.327--52.328  [Reserved]



Sec. 52.329  Rules and regulations.

    (a) On January 14, 1993, the Governor of Colorado submitted 
revisions to the State's nonattainment area new source review permitting 
regulations to bring the State's regulations up to date with the 1990 
Amendments to the Clean Air Act. With these revisions, the State's 
regulations satisfy the part D new source review permitting requirements 
for the following nonattainment areas: the Canon City, Lamar, Pagosa 
Springs, Aspen, and Telluride moderate PM-10 nonattainment areas, the 
Denver/Metro Boulder, Longmont, Colorado Springs, and Fort Collins 
moderate carbon monoxide nonattainment areas, the Greeley not classified 
carbon monoxide nonattainment area, and the Denver transitional ozone 
nonattainment area.

[59 FR 64336, Dec. 14, 1994]

[[Page 208]]



Sec. 52.330  Control strategy: Total suspended particulates.

    (a) Part D--Conditional Approval: The Pueblo plan is approved 
assuming the State demonstrates by December 31, 1981, through air 
quality modeling, attainment of the 24-hour and annual standards, while 
considering emissions from all sources in the nonattainment area. In 
addition, the State must repromulgate Regulation No. 1 to satisfy 
reasonably available control technology requirements in accordance with 
the following schedule:
    (1) The Commission will consider and adopt for public hearing any 
changes or additions to Regulation No. 1 by February 15, 1981.
    (2) The proposed regulations will be published in the Colorado 
Register by March 10, 1981.
    (3) Public hearing will be held by May 14, 1981.
    (4) Regulations will be approved with an effective date no later 
than July 1, 1981, and submitted to EPA by the same date.

[46 FR 26302, May 12, 1981]



Sec. 52.331  Committal SIP for the Colorado Group II PM10 areas.

    On April 14, 1989, the Governor submitted a Committal SIP for the 
Colorado Group II PM10 areas. The SIP commits the State to continue 
to monitor for PM10, report data and to submit a full SIP if a 
violation of the PM10 National Ambient Air Quality Standards is 
detected.

[54 FR 43178, Oct. 23, 1989]



Sec. 52.332  Moderate PM-10 nonattainment area plans.

    (a) On April 9, 1992, the Governor of Colorado submitted the 
moderate PM-10 nonattainment area plan for the Canon City area. The 
submittal was made to satisfy those moderate PM-10 nonattainment area 
SIP requirements which were due for Canon City on November 15, 1991.
    (b) On February 24, 1992, and December 9, 1993, the Governor of 
Colorado submitted the moderate PM-10 nonattainment area plan for the 
Pagosa Springs area. The submittal was made to satisfy those moderate 
PM-10 nonattainment area SIP requirements which were due for Pagosa 
Springs on November 15, 1991.
    (c) On May 27, 1993, the Governor of Colorado submitted the moderate 
PM-10 nonattainment area plan for the Lamar area. The submittal was made 
to satisfy those moderate PM-10 nonattainment area SIP requirements 
which were due for Lamar on November 15, 1991.
    (d) On December 9, 1993, the Governor of Colorado submitted 
PM10 contingency measures for the moderate PM10 nonattainment 
areas of Canon City, Lamar, and Pagosa Springs. The submittal was made 
to satisfy the moderate PM10 nonattainment area requirements for 
contingency measures due for Canon City, Lamar, and Pagosa Springs on 
November 15, 1993.
    (e) On January 15, 1992, March 17, 1993, and December 9, 1993, the 
Governor of Colorado submitted the moderate PM-10 nonattainment area 
plan for the Aspen area. The submittals were made to satisfy those 
moderate PM-10 nonattainment area SIP requirements which were due for 
Aspen on November 15, 1991. The December 9, 1993 submittal was also made 
to satisfy the PM-10 contingency measure requirements which were due for 
Aspen on November 15, 1993.

[58 FR 68038, Dec. 23, 1993, as amended at 59 FR 26128, May 19, 1994; 59 
FR 29734, June 9, 1994; 59 FR 47095, Sept. 14, 1994; 59 FR 64336, Dec. 
14, 1994]
Secs. 52.333--52.342  [Reserved]



Sec. 52.343  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for the following categories of sources for preventing 
the significant deterioration of air quality:
    (1) Sources exempt under the following Colorado Common Provision 
Regulation definition of Stationary Source: ``Except that properties 
which are or will be used only for right-of-way, transmissions, 
gathering, transportation, communication, pipeline, or similar purposes 
shall not be considered contiguous or adjacent.''
    (2) Sources locating on Indian lands.
    (3) Sources locating on Indian Reservations.

[[Page 209]]

    (4) Sources that received permits from EPA or constructed prior to 
September 2, 1986.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 (b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of Colorado for the sources identified in paragraph (a) as not meeting 
the requirements of sections 160-165 of the Clean Air Act.
    (c) The State of Colorado has clarified the generalized language 
contained in the Colorado Air Quality Control Regulations on the use of 
``applicable air quality models.'' In a letter to Douglas M. Skie, EPA, 
dated May 19, 1989, Bradley J. Beckham, Director of the Air Pollution 
Control Division stated:

    * * * All PSD permits reviewed by the Division will use the revised 
modeling guideline mentioned above [Guideline on Air Quality Models 
(Revised), EPA 450/2-78-027R including Supplement A (July 1987)] for 
determining if the air quality models, data bases, and other 
requirements are generally approved by EPA. Any future revisions 
(including appendices or supplement) will be incorporated into the 
Division's protocol for reviewing modeling for PSD permits.

[51 FR 31126, Sept. 2, 1986, and 52 FR 4622, Feb. 13, 1987, as amended 
at 52 FR 22638, June 15, 1987; 54 FR 27881, July 3, 1989; 57 FR 27000, 
June 17, 1992; 59 FR 42506, Aug. 18, 1994]



Sec. 52.344  Visibility protection.

    (a) A revision to the SIP was submitted by the Governor on December 
21, 1987, for visibility general plan requirements, monitoring, and 
long-term strategies.
    (b) The Visibility NSR regulations are approved for industrial 
source categories regulated by the NSR and PSD regulations which have 
previously been approved by EPA. However, Colorado's NSR and PSD 
regulations have been disapproved for certain sources as listed in 40 
CFR 52.343(a)(1). The provisions of 40 CFR 52.26 and 52.28 are hereby 
incorporated and made a part of the applicable plan for the State of 
Colorado for these sources.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 
53 FR 30431, Aug. 12, 1988; 53 FR 48539, Dec. 1, 1988; 59 FR 51379, Oct. 
11, 1994]



Sec. 52.345  Stack height regulations.

    The State of Colorado has committed to revise its stack height 
regulations should EPA complete rulemaking to respond to the decision in 
NRDC v. Thomas, 838 F. 2d 1224 (DC Cir. 1988). In a letter to Mr. 
Douglas M. Skie, EPA, dated May 9, 1988, Bradley J. Beckham, Director of 
the Colorado Air Pollution Control Division stated:

    * * * We are submitting this letter to allow EPA to continue to 
process our current SIP submittal with the understanding that if EPA's 
response to the NRDC remand modified the July 8, 1985, regulations, EPA 
will notify the state of the rules that must be changed to comply with 
the EPA's modified requirements. The State of Colorado agrees to make 
appropriate changes.

[54 FR 24340, June 7, 1989]



Sec. 52.346  Air quality monitoring requirements.

    In a letter and submittal dated July 7, 1993, from the Governor of 
Colorado to the EPA Region VIII Administrator, the State submitted a 
revised Air Quality Monitoring State Implementation Plan. The plan was 
adopted by the State on March 18, 1993, and completely replaces the 
previous version of the Air Quality Monitoring plan as identified at 40 
CFR 52.320 (c)(17). The revisions updated the plan to bring it into 
conformance with the Federal requirements for air quality monitoring as 
found in 40 CFR part 58. The State commits to meet these Federal 
requirements.

[58 FR 49435, Sept. 23, 1993]



Sec. 52.347  Small business assistance program plan.

    The Governor of Colorado submitted on November 18, 1992,a plan to 
develop and implement a Small Business Assistance Program to meet the 
requirements of section 507 of the Clean Air Act by November 15, 1994. 
The plan commits to provide technical and compliance assistance to small 
businesses, hire an Ombudsman to serve as an independent advocate for 
small businesses, and establish a Compliance Advisory Panel to advise 
the program and report to EPA on the program's effectiveness.

[59 FR 4004, Jan. 28, 1994]

[[Page 210]]



                         Subpart H--Connecticut



Sec. 52.370   Identification of plan.

    (a) Title of plan: ``State of Connecticut Air Implementation Plan.''
    (b) The plan was officially submitted on March 3, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory addition to the plan and addition 
of amendment to Chapter 360 of General Statutes which provides authority 
for delegation of enforcement authority submitted on March 21, 1972, by 
the Connecticut Department of Environmental Protection.
    (2) Miscellaneous non-regulatory additions to the plan submitted on 
April 6, 1972, by the Connecticut Department of Environmental 
Protection.
    (3) Attainment dates submitted on August 10, 1972, by the 
Connecticut Department of Environmental Protection.
    (4) Regulation 19-508-100 requiring a review of indirect sources 
submitted on January 9, 1974, by the Connecticut Department of 
Environmental Protection.
    (5) AQMA identification material submitted on April 15, 1974, by the 
Connecticut Department of Environmental Protection.
    (6) Indirect Source Review Regulation 19-508-100 resubmitted on 
August 26, 1974, by the Connecticut Department of Environmental 
Protection.
    (7) [Reserved]
    (8) Revision to Chapter 8, Air Quality Surveillance, submitted on 
June 30, 1977, by the Governor.
    (9) Revision to Indirect Source Review Regulation 19-508-100 
submitted on June 13, 1977, by the Connecticut Department of 
Environmental Protection.
    (10) A revision to Regulation 19-508-19(a)(2)(i) submitted by the 
Commissioner of the Connecticut Department of Environmental Protection 
on April 16, 1979, granting a variance until April 1, 1981, to Northeast 
Utilities.
    (11) State Implementation Plan revisions to meet the requirements of 
part D of the Clean Air Act, as amended in 1977, were submitted on June 
22, 1979, and received on June 27, 1979; submitted on December 18, 1979 
and received on December 28, 1979; submitted on January 28, 1980, and 
received on February 1, 1980; submitted and received on May 1, 1980; 
submitted and received on June 5, 1980; submitted on September 2, 1980, 
and received on September 8, 1980; and submitted and received on 
November 12, 1980. Included are plans to attain: The primary TSP 
standard in Greenwich and Waterbury and the carbon monoxide and ozone 
standards statewide. A program was also submitted for the review of 
construction and operation of new and modified major stationary sources 
of pollution in non-attainment areas. Certain miscellaneous provisions 
are also included.
    (12) A revision to Regulation 19-508-19(a)(2)(i), submitted by the 
Commissioner of the Connecticut Department of Environmental Protection 
on September 8, 1980, granting a variance until March 27, 1983, to the 
Federal Paperboard Company, Inc.
    (13) A comprehensive air quality monitoring plan, intended to meet 
requirements of 40 CFR part 58, was submitted by the Connecticut 
Department of Environmental Protection Commission on June 9, 1980, and 
November 17, 1980.
    (14) Non-regulatory additions to the plan which were submitted on 
December 19, 1980, and amended on March 11, 1981, by the Connecticut 
Department of Environmental Protection amending the sulfur control 
strategy to include an ``Air Pollution Control/Energy Trade Option'' 
except for submittal attachments 1 and 2, ``Sulfur Dioxide'' and 
``Transport of Sulfur Dioxide'' and the section of attachment 3 
``Control of Sulfur Oxides'' entitled ``Sample Analysis of a Btu Bubble 
Application''.
    (15) Non-regulatory addition to the plan of the state New Source 
Ambient Impact Analysis Guideline, for use in State program actions, 
submitted on December 19, 1980, and amended on March 11, 1981, and July 
15, 1981.
    (16) Revisions to regulation 19-508-4 (source monitoring 
requirements) and regulation 19-508-5 (stack emissions testing) 
submitted on November 7, 1977, by the Commissioner of the Connecticut 
Department of Environmental Protection.
    (17) A revision to Regulation 19-508-19(a)(2)(i), submitted by the 
Commissioner of the Connecticut Department of Environmental Protection 
on June

[[Page 211]]

23, 1981, granting a temporary variance to Uniroyal Chemical, Division 
of Uniroyal, Inc.
    (18) Revisions to Regulation 19-508-19 (Control of Sulfur Compound 
Emissions), Regulation 19-508-24 (Connecticut Primary and Secondary 
Standards), and accompanying narrative submitted by the Commissioner of 
the Connecticut Department of Environmental Protection on October 23, 
1981, and November 4, 1981.
    (19) Revisions submitted by the Commissioner of the Connecticut 
Department of Environmental Protection on November 16, 1981. These 
provisions supersede portions of the revisions identified under 
paragraph (c)(18).
    (20) Revisions to meet the requirements of part D and certain other 
sections of the Clean Air Act, as amended, were submitted on December 
15, 1980, May 29, 1981, and May 5, 1982. Included are changes to the 
State Ozone Control Plan involving adoption of Regulation 19-508-20(k) 
controlling the use of cutback asphalt, the approval of the RFP 
demonstration for ozone attainment, a refined inventory of miscellaneous 
stationary sources of Volatile Organic Compounds, changes to Regulation 
19-508-3(1) dealing with review of new and modified stationary sources, 
and an amendment to the State's Smoke and Opacity monitoring 
requirements.
    (21) [Reserved]
    (22) Revisions to the narrative and State Regulation 19-508-18, 
subparts (d), f(1), f(2), and part of f(3), governing total suspended 
particulate emissions, submitted by the Commissioner of the Connecticut 
Department of Environmental Protection on April 8, 1982.
    (23) Regulation 19-508-20(cc), Alternative Emission Reductions as it 
applies to Regulation 19-508-20: (m), can coating; (n), coil coating; 
(o), fabric and vinyl coating; (p), metal furniture coating; (q), paper 
coating; (r), wire coating; (s), miscellaneous metal parts; (t), 
manufacture of synthesized pharmaceutical products and (v), graphic 
arts--rotogravure and flexography, was submitted on December 15, 1980, 
and January 11, 1982, by the Commissioner of the Department of 
Environmental Protection.
    (24) Revision for Sikorsky Aircraft Division of United Technologies 
received from the Commissioner of the Connecticut Department of 
Environmental Protection on June 2 and July 16, 1982. This provision 
supersedes a portion of the revisions identified under (c)(18).
    (25) Revisions to meet ozone attainment requirements of Part D 
(Group II CTG regulations), the adoption of a lead standard and the 
revision of the ozone standard, submitted on December 15, 1980, are 
approved as follows: Regulations 19-508-20 (s), (t), (v), (w), (aa), 
(bb), and (dd), Regulation 19-508-8 and Regulation 19-508-24(i)(l).
    (26) Revision for Dow Chemical U.S.A. in Gale's Ferry submitted by 
the Commissioner of the Connecticut Department of Environmental 
Protection on December 20, 1982, including state order 7002B signed on 
May 27, 1982. This provision supersedes a portion of the revisions 
identified under paragraph (c)(18).
    (27) Revision for Lydall and Foulds Division of Lydall, Inc., 
submitted by the Commissioner of the Connecticut Department of 
Environmental Protection on December 17, 1982, and January 5, 1983, 
allowing the facility to burn higher sulfur oil under the State Energy 
Trade Program.
    (28) Revision for Simkins Industries, Inc., in New Haven submitted 
by the Commissioner of the Connecticut Department of Environmental 
Protection on January 19, 1983, allowing the facility to burn higher 
sulfur oil under the Sulfur Energy Trade Program.
    (29) Attainment plan revisions to meet the requirements of Part D 
for ozone were submitted by the Department of Environmental Protection 
on December 10, 1982, and May 19, 1983. These revisions control volatile 
organic compound (VOC) emissions from solvent metal cleaners through 
emission limitations contained in Regulation 19-508-20(1) and supporting 
narrative committing the DEP to implement an educational program for 
automobile repair facilities. Approval of these revisions allowed EPA to 
rescind the moratorium on construction and modification of major sources 
of VOCs which had been in effect since October 1982.

[[Page 212]]

    (30) Revision for Loomis Institute in Windsor, submitted by the 
Commissioner of the Connecticut Department of Environmental Protection 
on March 30 and July 13, 1983, allowing the facility to burn 2.0 percent 
sulfur oil under the Sulfur Energy Trade Program.
    (31) Revisions demonstrating the attainment and maintenance of the 
lead standard were submitted on October 18, 1983.
    (32) Attainment plan revisions to meet the requirements of part D 
for ozone and carbon monoxide were submitted by the Department of 
Environmental Protection on December 10, 1982, January 7, 1983, January 
21, 1983, May 19, 1983, June 15, 1983, September 19, 1983, and December 
15, 1983. The revisions control volatile organic compound (VOC) and 
carbon monoxide emissions through a mix of stationary and mobile source 
controls. EPA approval includes the following regulatory provisions:
    (i) Regulation 22a-174-20(ee) limiting emissions from major nonCTG 
source categories, and
    (ii) Regulations 22a-174-27 and 14-164c describing the requirements 
for Connecticut's motor vehicle Inspection and Maintenance Program.
    (33) Revision to Regulation 19-508-20(cc), ``Alternative Emission 
Reductions'' [made part of the SIP under paragraph (c)(23) of this 
section] to add Regulation 19-508-20(ee) to the list of VOC regulations 
that may be met by bubbling under Connecticut's generic rule after 
source-specific RACT determinations have been made part of the SIP. 
Revisions requiring sources subject to Regulation 19-508-20(ee) to 
comply with 19-508-20 (aa), (bb), and (dd). These revisions were 
submitted by the Connecticut Department of Environmental Protection on 
September 20, 1983.
    (34) Revisions to the Ozone Attainment Plan were submitted by the 
Commissioner of the Connecticut Department of Environmental Protection 
on April 22, 1985.
    (i) Incorporation by reference.
    (A) Amendments to Regulation 22a-174-1, Definitions; Regulation 22a-
174-20(a), Storage of Volatile Organic Compounds; Regulation 22a-174-
20(b), Loading of Gasoline and Other Volatile Organic Compounds; and 
Regulation 22a-174-20(k), Restrictions on Cutback Asphalt, effective 
December 17, 1984.
    (ii) Additional material.
    (A) Source Test Guidelines and Procedures.
    (B) Workshop Manual for Gasoline Tank Truck Certification.
    (C) Appendix B of Control of Volatile Organic Compound Leaks from 
Gasoline Tank Trucks and Vapor Collection Systems (EPA-450/2-78-051).
    (35) Revisions to the State Implementation Plan were submitted 
December 15, 1980, and May 16, 1985, by the Commissioner of the 
Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Amendments to Department of Environmental Protection Regulation 
19-508-24(a)(4), ``Acceptable Method'' adopted by the State on October 
8, 1980.
    (ii) Additional material.
    (A) A letter dated May 16, 1985, certifying that an ``Acceptable 
Method'' shall be interpreted to mean that any monitoring method used to 
collect ambient air pollution data used for attainment status evaluation 
or designation must be approved by EPA.
    (36) Revision to the State Implementation Plan submitted on April 
18, 1986, by the Commissioner of the Department of Environmental 
Protection.
    (i) Incorporated by reference:
    (A) State Order No. 943 for Connecticut Charcoal Co., effective 
April 18, 1986, establishing and requiring reasonably available control 
technology for the control of volatile organic compounds from this 
facility.
    (37) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on April 18, 1986, 
and February 3, 1987.
    (i) Incorporation by reference.
    (A) State Order No. 944 for King Industries, Inc. dated April 18, 
1986, which establishes and requires reasonably available control 
technology for the control of volatile organic compounds from this 
facility.
    (B) A letter from the Connecticut Department of Environmental 
Protection dated February 3, 1987, which states that the effective date 
of State Order No. 944 is May 28, 1986.

[[Page 213]]

    (38) Revisions to the State Implementation Plan were submitted by 
the Connecticut Department of Environmental Protection (DEP) on April 
14, 1987.
    (i) Incorporation by reference.
    (A) Letter dated April 14, 1987, from the Connecticut Department of 
Environmental Protection submitting revisions to the State 
Implementation Plan for EPA approval.
    (B) Letter dated April 1, 1987, from the Secretary of State of 
Connecticut to EPA.
    (C) Section 22a-174-20(x) of Connecticut's Regulations for the 
Abatement of Air Pollution titled, ``Control of Volatile Organic 
Compound Leaks from Synthetic Organic Chemical & Polymer Manufacturing 
Equipment,'' effective April 1, 1987.
    (D) Section 22a-174-20(y) of Connecticut's Regulations for the 
Abatement of Air Pollution titled, ``Manufacture of Polystyrene 
Resins,'' effective April 1, 1987.
    (E) Amendments to subsection 22a-174-20(bb) of Connecticut's 
Regulations for the Abatement of Air Pollution titled, ``Compliance 
Methods,'' effective April 1, 1987.
    (ii) Additional material.
    (A) Letter from the Connecticut DEP dated July 3, 1986, committing 
the Connecticut DEP to use only EPA approved test methods when requiring 
the testing of sources emitting volatile organic compound emissions.
    (B) Letter from the Connecticut DEP dated May 29, 1987, certifying 
that there are no polypropylene or high-density polyethylene 
manufacturers in the State of Connecticut.
    (39) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on August 24, 1987.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated August 24, 1987, submitting a revision to the 
Connecticut State Implementation Plan.
    (B) State Order No. 8007 for Belding Corticelli Thread Company dated 
July 13, 1987.
    (40) [Reserved]
    (41) Revision to the Connecticut State Implementation Plan submitted 
by the Commissioner of the Department of Environmental Protection on 
February 3, 1987.
    (i) Incorporation by reference.
    (A) A letter from the Connecticut Department of Environmental 
Protection dated February 3, 1987, which states that the effective date 
of State Order No. 943, approved previously, for Connecticut Charcoal 
Co. is May 28, 1986.
    (42) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on October 27, 1987.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated October 27, 1987, submitting a revision to the 
Connecticut State Implementation Plan.
    (B) State Order No. 8013 and attached Compliance Timetable for 
Raymark Industries, Incorporated in Stratford, Connecticut effective on 
September 24, 1987.
    (ii) Additional material.
    (A) Technical Support Document prepared by the Connecticut 
Department of Environmental Protection providing a complete description 
of the reasonably available control technology determination imposed on 
the facility.
    (43) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on February 5, 1988.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection dated February 5, 1988, 
submitting a revision to the Connecticut State Implementation Plan.
    (B) State Order No. 8012 and attached Compliance Timetable, Appendix 
A (allowable limits on small, uncontrolled vents), and Appendix B 
(fugitive leak detection program) for American Cyanamid Company in 
Wallingford, Connecticut. State Order No. 8012 was effective on January 
6, 1988.
    (ii) Additional material. (A) Technical Support Document prepared by 
the Connecticut Department of Environmental Protection providing a 
complete description of the reasonably available control technology 
determination imposed on the facility.

[[Page 214]]

    (44) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on August 31, 1987.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated August 31, 1987, submitting a revision to the 
Connecticut State Implementation Plan.
    (B) State Order No. 8008 and attached Compliance Timetable and 
Appendix A (allowable limits by product classification) for Spongex 
International, Ltd. in Shelton, Connecticut. State Order No. 8008 was 
effective on August 21, 1987.
    (ii) Additional materials.
    (A) Technical Support Document prepared by the Connecticut 
Department of Environmental Protection providing a complete description 
of the reasonably available control technology determination imposed on 
the facility.
    (45) [Reserved]
    (46) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on July 26, 1988.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated July 26, 1988, submitting a revision to the Connecticut 
State Implementation Plan.
    (B) State Order No. 8023 and attached Compliance Timetable for New 
Departure Hyatt, Division of General Motors Corporation in Bristol, 
Connecticut. State Order No. 8023 was effective on July 8, 1988.
    (ii) Additional material.
    (A) Technical Support Document prepared by the Connecticut 
Department of Environmental Protection providing a complete description 
of the reasonably available control technology determination imposed on 
the facility.
    (47) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on November 5, 1987.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection dated November 5, 1987, 
submitting a revision to the Connecticut State Implementation Plan.
    (B) State Order No. 8001 and attached Compliance Timetable for 
Frismar, Incorporated in Clinton, Connecticut. State Order No. 8001 was 
effective on October 20, 1987.
    (ii) Additional material. (A) Technical Support Document prepared by 
the Connecticut Department of Environmental Protection providing a 
complete description of the alternative reasonably available control 
technology determination imposed on the facility.
    (48) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on December 5, 1988.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection dated December 5, 1988, 
submitting a revision to the Connecticut State Implementation Plan.
    (B) State Order No. 8011 and attached Compliance Timetable and 
Appendix A (allowable limits by product classification) for Dow 
Chemical, U.S.A. in Gales Ferry, Connecticut. State Order No. 8011 was 
effective on October 27, 1988.
    (ii) Additional material. (A) Technical Support Document prepared by 
the Connecticut Department of Environmental Protection providing a 
complete description of the reasonable available control technology 
determination imposed on the facility.
    (49) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on January 11, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated January 11, 1989, submitting a revision to the 
Connecticut State Implementation Plan.
    (B) State Order No. 8010 and attached Compliance Timetable for 
Stanadyne, Incorporated in Windsor, Connecticut. State Order No. 8018 
was effective on January 3, 1989.
    (ii) Additional material.
    (A) Technical Support Document prepared by the Connecticut 
Department of Environmental Protection providing a complete description 
of the reasonably available control technology determination imposed on 
the facility.
    (50) Revisions to federally approved section 22a-174-20(a) of the 
Regulations

[[Page 215]]

of Connecticut State Agencies, submitted on January 27, 1989, by the 
Department of Environmental Protection, limiting the volatility of 
gasoline from May 1 through September 15, beginning 1989 and continuing 
every year thereafter, including any waivers to such limitations that 
Connecticut may grant. In 1989, the control period will begin on June 
30.
    (51) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection (DEP) on April 7, 
1989.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut DEP dated April 7, 1989, submitting 
a revision to the Connecticut State Implementation Plan.
    (B) State Order No. 8014 and attached Compliance Timetable for Pratt 
& Whitney Division of United Technologies Corporation in East Hartford, 
Connecticut. State Order No. 8014 was effective on March 22, 1989.
    (C) State Order No. 8027 and attached Compliance Timetable for Pratt 
& Whitney Division of United Technologies Corporation in North Haven, 
Connecticut. State Order No. 8027 was effective on March 31, 1989.
    (ii) Additional material.
    (A) Technical Support Document prepared by the Connecticut DEP 
providing a complete description of the reasonably available control 
technology determination imposed on Pratt and Whitney's East Hartford 
facility.
    (B) Technical Support Document prepared by the Connecticut DEP 
providing a complete description of the reasonably available control 
technology determination imposed on Pratt and Whitney's North Haven 
facility.
    (52) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on February 7 and 
August 30, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated February 7, 1989, submitting a revision to the 
Connecticut State Implementation Plan.
    (B) State Order No. 8021 and attached Compliance Timetable, and 
Appendix A (allowable limits on small, uncontrolled vents and allowable 
outlet gas temperatures for surface condensers) for Pfizer, Incorporated 
in Groton, Connecticut. State Order No. 8021, Compliance Timetable and 
Appendix A were effective on December 2, 1988.
    (C) Letter from the Connecticut Department of Environmental 
Protection dated August 30, 1989, and reorganized Appendix C (fugitive 
leak detection program) and Appendix D (operation and maintenance 
program for pollution abatement equipment) to State Order No. 8021. 
Appendices C and D were effective on December 2, 1988.
    (ii) Additional material.
    (A) Technical Support Document prepared by the Connecticut 
Department of Environmental Protection providing a complete description 
of the reasonably available control technology determination imposed on 
the facility.
    (53) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on September 8, 1989.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection dated September 8, 1989, 
submitting a revision to the Connecticut State Implementation Plan.
    (B) State Order No. 8009 and attached Compliance Timetable, Appendix 
A, Appendix B, and Appendix C for Uniroyal Chemical Company, Inc. in 
Naugatuck, Connecticut. State Order No. 8009 was effective on September 
5, 1989.
    (ii) Additional material. (A) Technical Support Document prepared by 
the Connecticut Department of Environmental Protection providing a 
complete description of the reasonably available control technology 
determination imposed on the facility.
    (54) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on December 22, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated December 22, 1989, submitting a revision to the 
Connecticut State Implementation Plan.
    (b) State Order No. 8029, attached Compliance Timetable, and Tables 
A

[[Page 216]]

through I for Hamilton Standard Division of United Technologies 
Corporation in Windsor Locks, Connecticut. State Order No. 8029 was 
effective on November 29, 1989.
    (ii) Additional material.
    (A) Technical Support Document prepared by the Connecticut DEP 
providing a complete description of the reasonably available control 
technology determination imposed on Hamilton Standard.
    (55) Revision to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on January 10, 1990.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated January 10, 1990, submitting a revision to the 
Connecticut State Implementation Plan.
    (B) State Order No. 8032 and attached Compliance Timetable for the 
Heminway & Bartlett Manufacturing Company in Watertown, Connecticut. 
State Order No. 8032 was effective on November 29, 1989.
    (ii) Additional material.
    (A) Technical Support Document prepared by the Connecticut DEP 
providing a complete description of the reasonably available control 
technology determination imposed on The Heminway & Bartlett 
Manufacturing Company.
    (56) Revisions of the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on January 19, 1989, 
July 28, 1989, and January 26, 1990 (with attached letter of November 
28, 1989).
    (i) Incorporation by reference.
    (A) Letters from the Connecticut Department of Environmental 
Protection dated January 19, 1989, July 28, 1989, and January 26, 1990, 
(with attached letter of November 28, 1989) submitting revisions to the 
Connecticut State Implementation Plan.
    (B) Section 22a-174-1 of the Regulations of the Connecticut State 
Agencies Concerning Abatement of Air Pollution entitled ``Definitions,'' 
effective in the State of Connecticut on October 3, 1989.
    (C) Subsection 22a-174-3(k) of the Regulations of the Connecticut 
State Agencies Concerning Abatement of Air Pollution entitled 
``Requirements for the Prevention of Significant Deterioration (PSD) 
Program,'' effective in the State of Connecticut on October 3, 1989.
    (D) Section 22a-174-2, subsections 22a-174-3(a) through (j) and (l), 
subsection 22a-174-8(c), subsection 22a-174-20(ee), and subsection 22a-
174-4(d) of the Regulations of the Connecticut State Agencies Concerning 
Abatement of Air Pollution entitled ``Permits to Construct and Permits 
to Operate Stationary Sources or Modifications,'' effective in the State 
of Connecticut on February 1, 1989.
    (E) Connecticut's Ambient Impact Analysis Guideline dated July 1989 
as revised by letter on January 26, 1990.
    (ii) Additional materials.
    (A) State Implementation Plan narrative entitled ``New Source 
Review.''
    (B) Letter from the Connecticut Department of Environmental 
Protection regarding implementation of BACT.
    (C) Nonregulatory portions of the State Submittal.
    (57) [Reserved]
    (58) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on November 9, 1989, 
and September 12, 1991.
    (i) Incorporation by reference. (A) Letters from the Connecticut 
Department of Environmental Protection dated November 9, 1989, and 
September 12, 1991, submitting revisions to the Connecticut State 
Implementation Plan.
    (B) Section 22a-174-20 of the Regulations of the Connecticut 
Department of Environmental Protection Concerning Abatement of Air 
Pollution, effective October 31, 1989, except for the last sentence of 
22a-174-20(aa)(7).
    (59) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on March 24 and April 
23, 1992.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated April 14, 1992, submitting a revision to the 
Connecticut State Implementation Plan.
    (B) State Order No. 1073B and attached compliance timetable for the 
Stone Connecticut Paperboard Corporation of Uncasville, CT. State Order

[[Page 217]]

No. 1073B was effective on February 14, 1992.
    (C) Letter from the Connecticut Department of Environmental 
Protection dated March 24, 1992, submitting a revision to the 
Connecticut State Implementation Plan.
    (D) State Order No. 7016A and attached compliance timetable for the 
Hartford Hospital of Hartford, CT. State Order No. 7016A was effective 
on February 5, 1992.
    (ii) Additional materials.
    (A) Memorandum dated August 17, 1989, approving the modeling 
analysis for the Stone Container Co.
    (B) Modeling Study dated August 9, 1989, for the Stone Container Co.
    (C) State Order No 1073A, dated June 12, 1990, and effective July 9, 
1990.
    (D) Memorandum dated January 3, 1990, approving the modeling 
analysis for the Hartford Hospital.
    (E) Modeling study dated December 28, 1989, for the Hartford 
Hospital.
    (60) [Reserved]
    (61) Revisions to the State Implemetation Plan submitted by the 
Connecticut Department of Environmental Protection on February 28, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated February 28, 1991, submitting a revision to the 
Connecticut State Implementation Plan.
    (B) State Order No. 7017 and attached compliance timetable for the 
Connecticut Light and Power Company of Montville, Connecticut. State 
Order No. 7017 was effective on February 25, 1991.
    (ii) Additional materials.
    (A) Memorandum dated September 14, 1990, approving the modeling 
analysis for Connecticut Light and Power.
    (B) Letter dated April 23, 1991, confirming that the revised 
configuration approved by State Order No. 7017 will not lead to 
violations.
    (C) Modeling Study dated January 26, 1990, for Connecticut Light and 
Power.
    (62) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on January 12, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection, dated January 12, 1993, submitting a revision to the 
Connecticut State Implementation Plan.
    (B) Section 22a-174-30 of the Connecticut Regulations for the 
Abatement of Air Pollution, entitled ``Dispensing of Gasoline/Stage II 
Vapor Recovery,'' dated November 1992.
    (C) Letter from the Connecticut Secretary of State's office 
indicating that the regulation entitled ``Dispensing of Gasoline/Stage 
II Vapor Recovery'' became effective on November 24, 1992.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (B) Connecticut Department of Environmental Protection document 
entitled ``Narrative of SIP Revision: Stage II Vapor Recovery,'' dated 
January 1993.
    (63) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on March 11, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated March 11, 1993, submitting a revision to the 
Connecticut State Implementation Plan.
    (B) Connecticut State Order No 7019 dated March 11, 1993, and 
effective in the State of Connecticut on February 19, 1993.
    (ii) Additional materials.
    (A) Air Quality Modeling Analysis to Demonstrate SO2 CAAQS/
NAAQS Compliance at the Hamilton Standard Division of United 
Technologies Corporation Windsor Locks CT; June 1991.
    (64) [Reserved]
    (65) Revisions to the State Implementation Plan establishing a Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program were submitted by the Connecticut Department of 
Environmental Protection on January 12 and August 9, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated January 12, 1993, submitting a revision to the 
Connecticut State Implementation Plan.

[[Page 218]]

    (B) Revisions to the State Implementation Plan for the Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program dated January 1993 and effective on January 12, 1993.
    (C) Letter from the Connecticut Department of Environmental 
Protection dated August 9, 1993, clarifying and updating the January 12, 
1993, submittal.
    (ii) Additional materials.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated April 6, 1994, clarifying the January 12, 1993, 
submittal.
    (B) Other non-regulatory portions of the State's submittal.
    (66) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on January 12, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated January 12, 1993 submitting a revision to the 
Connecticut State Implementation Plan.
    (B) Section 22a-174-4(c)(1) of Connecticut Regulations for the 
Abatement of Air Pollution, under the section entitled ``Recordkeeping 
and Reporting.'' Section 22a-174-4(c)(1) was previously numbered as 19-
508-4(c)(1) in Connecticut's SIP. 19-508-4(c)(1) in Connecticut's SIP. 
19-508-4 became effective in the State of Connecticut on October 31, 
1977. Connecticut developed an emission statement program using the 
existing regulatory authority given by section 22a-174-4(c)(1) under the 
section entitled ``Reporting and Recordkeeping''.
    (ii) Additional information.
    (A) State implementation Plan narrative entitled ``Revision to State 
Implementation Plan for Air Quality Emission Statements'' which 
addresses emission statement requirements not discussed specifically in 
Section 22a-174-4(c)(1).
    (B) Nonregulatory portions of the submittal.
    (67)  [Reserved]
    (68) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on March 24, 1994, 
May 20, 1994, and March 4, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated March 24, 1994 submitting a revision to the Connecticut 
State Implementation Plan.
    (B) Letter from the Connecticut Department of Environmental 
Protection dated May 20, 1994 submitting a supplemental revision to the 
Connecticut State Implementation Plan.
    (C) State Order No. 8073: State of Connecticut vs. City of New Haven 
(effective September 24, 1993) and attached plan titled ``Remedial 
Action Plan for Prevention of Airborne Particulate Matter and Fugitive 
Discharge of Visible Emissions in the Alabama Street/East Shore Parkway 
Area of New Haven.''
    (D) State Order No. 8074: State of Connecticut vs. Waterfront 
Enterprises, Inc. (effective November 5, 1993) and attached plan titled 
``Proposed Operation Plan in Response to Unilateral Order (September 20, 
1993).''
    (E) State Order No. 8075: State of Connecticut vs. Laydon 
Construction, (effective September 21, 1993) and attached plan titled 
``Plan for Control of Fugitive Emissions of PM10 (September 21, 1993).''
    (F) State Order No. 8076: State of Connecticut vs. United 
Illuminating Company (effective December 2, 1993) and attached plan 
titled ``Remediation Plan for Fugitive Emissions: Alabama Street and 
Connecticut Avenue, New Haven, Connecticut (November 19, 1993).''
    (G) State Order No. 8076c: State of Connecticut vs. M. J. Metals, 
Inc. (effective June 18, 1993).
    (H) State Order No. 8078: State of Connecticut vs. New Haven 
Terminal, Inc. (effective November 15, 1993) and attached plan titled 
``Fugitive Dust Control Plan (Revised January 19, 1994).''
    (I) State Order No. 8079: State of Connecticut vs. Yankee Gas 
Services Company (effective September 24, 1993) and attached plan titled 
``Revised Compliance Plan for Consent Order No. 8079 (August 31, 
1993).''
    (J) Letter from the Connecticut Department of Environmental 
Protection dated March 4, 1994 (received March 16, 1995) submitting two 
amendments to the Regulations of Connecticut State

[[Page 219]]

Agencies concerning abatement of air pollution: amended Sections 22a-
174-24(f) and -24(g) ``Connecticut primary and secondary ambient air 
quality standards for particulate matter'' and amended Sections 22a-174-
6(a) and -6(b) `` `Air Pollution' emergency episode procedures'' (both 
effective July 7, 1993).
    (K) Amended Regulations of Connecticut State Agencies: amended 
Sections 22a-174-24(f) and -24(g) ``Connecticut primary and secondary 
ambient air quality standards for particulate matter'' and amended 
Sections 22a-174-6(a) and -6(b) `` `Air Pollution' emergency episode 
procedures'' (both effective July 7, 1993).
    (ii) Additional materials.
    (A) An attainment plan and demonstration which outlines 
Connecticut's control strategy and for attainment and maintenance of the 
PM10 NAAQS, implements and meets RACM and RACT requirements, and 
provides contingency measures for New Haven.
    (B) Nonregulatory portions of the submittal.
    (69) Connecticut submitted the Oxygenated Gasoline Program and 
revisions on January 11, 1993, January 12, 1993, January 14, 1993, and 
August 1, 1995. This submittal satisfied the requirements of section 
211(m) of the Clean Air Act, as amended.
    (i) Incorporation by reference.
    (A) Letters dated January 11, 1993 and January 12, 1993 which 
included the oxygenated gasoline program, Regulations of Connecticut 
State Agencies (RCSA) Section 22a-174-28, with an effective date of 
November 2, 1992.
    (B) A letter dated January 14, 1993 requesting that the RCSA Section 
22a-174-28, as submitted on January 11, 1993 and January 12, 1993, be 
adopted as part of Connecticut's SIP.
    (C) A letter dated August 1, 1995, requesting that a revision to 
RCSA Section 22a-174-28(a), with an effective date of July 26, 1995, be 
approved and adopted as part of Connecticut's SIP.
    (ii) Additional materials.
    (A) The Technical Support Document for the Redesignation of the 
Hartford Area as Attainment for Carbon Monoxide submitted on September 
30, 1994.
    (B) Nonregulatory portions of submittals.

[37 FR 10855, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.370, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.371  Classification of regions.

    The Connecticut plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
New Jersey-New York-Connecticut Interstate................           I          I         I         I          I
Hartford-New Haven-Springfield Interstate.................           I          I       III         I          I
Northwestern Intrastate...................................         III        III       III       III        III
Eastern Intrastate........................................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------

[37 FR 10855, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 
FR 84787, Dec. 23, 1980]
Sec. 52.372  [Reserved]



Sec. 52.373  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Connecticut's plan, as identified in Sec. 52.370 for the 
attainment and maintenance of the national standards under section 110 
of the Clean Air Act. Furthermore, the Administrator finds the plan 
satisfies all requirements of Part D, Title I, of the Clean Air Act, as 
amended in 1977, except as noted below. In addition, continued 
satisfaction of the requirements of Part D for the ozone portion of the 
SIP depends on the adoption and submittal of RACT requirements by 
January 1, 1981, for the sources covered by CTGs issued between January 
1978 and January 1979 and adoption and submittal by each subsequent 
January of additional RACT requirements for sources covered

[[Page 220]]

by CTGs issued by the previous January.
    (a) The Administrator approves the general procedures of the state's 
sulfur control regulations (19-508-19) and accompanying narrative 
submitted on October 23, 1981, and November 4, 1981, and identified 
under Sec. 52.370, paragraph (c)(18), provided that any individual 
source approvals granted by the state under the Air Pollution Control/
Energy Trade Option and solid fuel burning permitting system are 
submitted to EPA as SIP revisions.
    (b) The Administrator approves the total suspended particulate 
regulation for foundry sand processes as submitted and identified under 
paragraph (c)(22) of this section. This includes only the requirement to 
remove ninety percent of the particulate matter and not the requirement 
to emit not more than 0.75 pounds of particulate per ton of material 
cast, a provision which may be found in state regulation 19-508-
18(f)(3).

[45 FR 84787, Dec. 23, 1980, as amended at 46 FR 56615, Nov. 18, 1981; 
47 FR 41959, Sept. 23, 1982]



Sec. 52.374  Attainment dates for national standards.

    The following table presents the latest dates by which the national 
standards are to be attained. The dates reflect the information 
presented in Connecticut's plan.

----------------------------------------------------------------------------------------------------------------
                                                                      Pollutant                                 
                                    ----------------------------------------------------------------------------
 Air quality control region\1\ and            TSP                   SO2                                         
         nonattainment area         --------------------------------------------    NO2         CO         O3   
                                      Primary   Secondary   Primary   Secondary                                 
----------------------------------------------------------------------------------------------------------------
AQCR 41: Eastern Ct. Intrastate....          a          b          a          c          a          a          d
AQCR 42:                                                                                                        
  Hartford-New Haven-Springfield                                                                                
   Interstate......................  .........          b          a          c          a          d          d
  Waterbury........................          e  .........  .........  .........  .........  .........  .........
  Remainder of AQCR................          a  .........  .........  .........  .........  .........  .........
AQCR 43:                                                                                                        
  NY-NJ-CT Interstate..............  .........          b          a          c          a          d          d
  Greenwich........................          e  .........  .........  .........  .........  .........  .........
  Remainder of AQCR................          a  .........  .........  .........  .........  .........  .........
AQCR 44: Northwestern Ct.                                                                                       
 Interstate........................          a          b          a          c          a          a          d
----------------------------------------------------------------------------------------------------------------
\1\ Sources subject to plan requirements and attainment dates established under section 110(a)(2)(A) prior to   
  the 1977 Clean Air Act Amendments remain obligated to comply with those requirements by the earlier deadlines.
  The earlier attainment dates are set out at 40 CFR 52.374 (1979).                                             
                                                                                                                
a. Air quality levels presently below primary standards or area is unclassifiable.                              
b. 18 month extension for plan submittal granted; attainment date not yet proposed.                             
c. Air quality levels presently below secondary standards or area is unclassifiable.                            
d. December 31, 1987.                                                                                           
e. December 31, 1982.                                                                                           

[45 FR 84787, Dec. 23, 1980]



Sec. 52.375  Certification of no sources.

    The State of Connecticut has certified to the satisfaction of EPA 
that no sources are located in the state which are covered by the 
following Control Technique Guidelines:
    (a) Large Petroleum Dry Cleaners.
    (b) Natural Gas/Gasoline Processing Plants.
    (c) Air Oxidation Processes/SOCMI.
    (d) Manufacturers of High-density Polyethylene and Polypropylene 
Resins.

[50 FR 37178, Sept. 12, 1985, as amended at 53 FR 17936, May 19, 1988]



Sec. 52.376  Control strategy: Carbon Monoxide.

    (a) Approval-On January 12, 1993, the Connecticut Department of 
Environmental Protection submitted a revision to the carbon monoxide 
State Implementation Plan for the 1990 base year emission inventory. The 
inventory was submitted by the State of Connecticut to satisfy Federal 
requirements under section 182(a)(1) of the Clean Air Act as amended in 
1990, as a revision to the carbon monoxide State Implementation Plan.

[[Page 221]]

    (b) Approval-On September 30, 1994, the Connecticut Department of 
Environmental Protection submitted a request to redesignate the 
Hartford/New Britain/Middletown Area carbon monoxide nonattainment area 
to attainment for carbon monoxide. As part of the redesignation request, 
the State submitted a maintenance plan as required by 175A of the Clean 
Air Act, as amended in 1990. Elements of the section 175A maintenance 
plan include a base year (1993 attainment year) emission inventory for 
carbon monoxide, a demonstration of maintenance of the carbon monoxide 
NAAQS with projected emission inventories to the year 2005 for carbon 
monoxide, a plan to verify continued attainment, a contingency plan, and 
an obligation to submit a subsequent maintenance plan revision in 8 
years as required by the Clean Air Act. If the area records a violation 
of the carbon monoxide NAAQS (which must be confirmed by the State), 
Connecticut will implement one or more appropriate contingency 
measure(s) which are contained in the contingency plan. The menu of 
contingency measure includes enhanced motor vehicle inspection and 
maintenance program and implementation of the oxygenated fuels program. 
The redesignation request and maintenance plan meet the redesignation 
requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 
1990, respectively. The redesignation meets the Federal requirements of 
section 182(a)(1) of the Clean Air Act as a revision to the Connecticut 
Carbon Monoxide State Implementation Plan for the above mentioned area.

[60 FR 55320, Oct. 31, 1995]
Secs. 52.377--52.379  [Reserved]



Sec. 52.380   Rules and regulations.

    (a) All facilities owned, operated or under contract with the 
Connecticut Transportation Authority shall comply in all respects with 
Connecticut Regulations for the Abatement of Air Pollution sections 19-
508-1 through 19-508-25 inclusive, as approved by the Administrator.
    (b) For the purposes of paragraph (a) of this section the word 
``Administrator'' shall be substituted for the word ``Commissioner'' 
wherever that word appears in Connecticut Regulations for the Abatement 
of Air Pollution sections 19-508-1 through 19-508-25 inclusive, as 
approved by the Administrator.
    (c) The June 27 and December 28, 1979, February 1, May 1, September 
8 and November 12, 1980, revisions are approved as satisfying Part D 
requirements under the following conditions:
    (1) [Reserved]
    (2) Submittal by December 15, 1980, of a revision to Regulation 19-
508-20 (1) (solvent metal cleaning) to be consistent with the CTG or a 
showing that the VOC emissions in the present regulation are within five 
(5) percent of the VOC emissions which would be allowed if the CTG 
recommendations were followed.
    (d) Non-Part D-No Action: EPA is neither approving nor disapproving 
the following elements of the revisions:
    (1)-(2) [Reserved]
    (3) The program to review new and modified major stationary sources 
in attainment areas (prevention of significant deterioration).
    (4) Permit fees
    (5) Stack height regulations
    (6) Interstate pollution requirements
    (7) Monitoring requirements
    (8) Conflict of interest provisions.
    (9) Use of 1 percent sulfur content fuel by the following residual 
oil burning sources, identified under Sec. 52.370, paragraph (c)(18).
    (i) Northeast Utilities, HELCO Power Station in Middletown,
    (10) Emergency Fuel Variance provisions of Regulation 19-508-19 
(a)(2)(ii) identified under Sec. 52.370 paragraph (c)(18).
    (e) Disapprovals. (1) Regulation 19-508-19(a)(9) concerning coal use 
at educational and historical exhibits and demonstrations, identified 
under Sec. 52.370, (c)(18).

[[Page 222]]

    (2) Regulation 19-508-19, subsection (a)(4)(iii)(C) and 
(a)(4)(iii)(E) concerning fuel merchants, identified under Sec. 52.370, 
paragraph (c)(18).

[40 FR 23280, May 29, 1975, as amended at 45 FR 84787, Dec, 23, 1980; 46 
FR 34801, July 6, 1981; 46 FR 56615, Nov. 18, 1981; 46 FR 62062, Dec. 
22, 1981; 47 FR 763, Jan. 7, 1982; 47 FR 36823, Aug. 24, 1982; 47 FR 
41959, Sept. 23, 1982; 47 FR 49646, Nov. 2, 1982; 47 FR 51129, Nov. 12, 
1982; 48 FR 5724, Feb. 8, 1983; 50 FR 50907, Dec. 13, 1985]



Sec. 52.381  Requirements for state implementation plan revisions relating to new motor vehicles.

    Connecticut must comply with the requirements of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]



Sec. 52.382  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable provisions 
for the NO2 increments under the prevention of significant 
deterioration program.
    (b) The increments for nitrogen dioxide and related requirements 
promulgated on October 17, 1988 (53 FR 40671) to 40 CFR 52.21(b) through 
(w) are hereby incorporated and made part of the applicable State 
Implementation Plan for the State of Connecticut.

[58 FR 10964, Feb. 23, 1993]
Sec. 52.383  Stack height review.

    The State of Connecticut has declared to the satisfaction of EPA 
that no existing emission limitations have been affected by stack height 
credits greater than good engineering practice or any other prohibited 
dispersion techniques as defined on EPA's stack height regulations as 
revised on July 8, 1985. Such declarations were submitted to EPA on 
February 21, 1986, and May 27, 1986.

[52 FR 49407, Dec. 31, 1987]



                           Subpart I--Delaware



Sec. 52.420  Identification of plan.

    (a) Title of plan: ``State of Delaware Implementation Plans for 
Attainment and Maintenance of National Ambient Air Quality Standards.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Certification that public hearing was held on plan submitted on 
February 11, 1972, by the Department of Natural Resources and 
Environmental Control.
    (2) Information on the geometric standard deviations of air quality 
data submitted on March 7, 1972, by the Department of Natural Resources 
and Environmental Control.
    (3) Miscellaneous non-regulatory clarifications and amendments to 
the plan submitted on May 5, 1972, by the Department of Natural 
Resources and Environmental Control.
    (4) Specification of attainment dates submitted on June 2, 1972, by 
the Department of Natural Resources and Environmental Control.
    (5) Periodic stack sampling requirements submitted on June 5, 1972, 
by the Department of Natural Resources and Environmental Control.
    (6) Miscellaneous non-regulatory additions to the plan submitted on 
July 20, 1972, by the Delaware Water and Air Resource Commission.
    (7) Backup information for the attainment of the Secondary SO2 
standards in New Castle County submitted on November 14, 1972, by the 
Department of Natural Resources and Environmental Control.
    (8) Backup information for the attainment of the Secondary SO2 
standards in New Castle County submitted on December 19, 1972, by the 
Department of Natural Resources and Environmental Control.
    (9) Amendments to Regulations I through XIV inclusive of the 
Delaware Regulations Governing Air Pollution, and Amendments to the 
Delaware Environmental Protection Act; submitted on January 16, 1975 by 
the Delaware Department of Natural Resources and Environmental Control.
    (10) Amendments to Section V (Surveillance) of the Delaware State 
Implementation Plan and amendments to Section V (Surveillance) of the 
New Castle County Portion of the Delaware State Implementation Plan, 
covering changes to the air pollution monitoring system; submitted on 
September 3,

[[Page 223]]

1975 by the Delaware Department of Natural Resources and Environmental 
Control.
    (11) A Consent Order for the Getty Oil Company and the Delmarva 
Power and Light Company submitted on August 5, 1975 by the Delaware 
Department of Natural Resources and Environmental Control.
    (12) Amendments to Regulations No. V, XIV, XVII, and a newly adopted 
Regulation No. XXIII (Standards of Performance for Steel Plants: 
Electric Arc Furnaces); and a Court of Chancery injunction to control 
charging and tapping emissions for the Phoenix Steel Corporation's plant 
in Claymont, Delaware submitted on December 2, 1977 and October 5, 1978, 
respectively, by the Department of Natural Resources and Environmental 
Control.
    (13) On May 3, 1979, the Governor submitted the nonattainment area 
plan for New Castle County with respect to ozone.
    (14) A revision submitted by the State of Delaware on October 5, 
1978 to eliminate certain outdated requirements relating to Regulations 
V and XVIII and correction of typographical errors relating to 
Regulations III, VIII, and XV.
    (15) A revision submitted by the State of Delaware on March 19, 1980 
which is intended to establish an Ambient Air Quality Monitoring 
Network.
    (16) Revisions to Delaware's Regulations I, II, III, IV, VIII, XII, 
XIV, XV, and XVII submitted by the Delaware Department of Natural 
Resources and Environmental Control on March 19, 1980.
    (17) A revision submitted by the State of Delaware on September 7, 
1977, consisting of an amendment to Delaware Regulations Governing Air 
Pollution, Regulation XVII, establishing continuous emission monitoring 
regulations.
    (18) A revision submitted by the District of Columbia on May 16, 
1979 which is intended to establish an Ambient Air Quality Monitoring 
Network.
    (19) A commitment to use available grants and funds to establish, 
expand, and improve public transportation to meet basic transportation 
needs, submitted on August 15, 1979 by the Delaware Transportation 
Authority.
    (20) A revised schedule for implementation of Delaware's inspection 
and maintenance program submitted by September 10, 1980 by the 
Secretary, Delaware Department of Natural Resources and Environmental 
Control.
    (21) [Reserved]
    (22) A revision submitted by the State of Delaware on August 7, 1978 
consisting of two Executive Orders for financial disclosure of certain 
State officials.
    (23) Amendments to Regulations I (Definitions) and XXIV (Control of 
Organic Compounds Emissions) submitted on December 23, 1980 by the 
Secretary, Delaware Department of Natural Resources and Environmental 
Control.
    (24) A State Implementation Plan for the Control of lead emissions 
submitted on December 23, 1980 by the Secretary, Delaware Department of 
Natural Resources and Environmental Control.
    (25) A revised schedule for implementation of Delaware's inspection 
and maintenance program submitted on December 29, 1980 by the Secretary, 
Delaware Department of Natural Resources and Environmental Control.
    (26) Amendments to Regulation II (Registration and Permits) and XIII 
(Open Burning) [non-regulatory] of the Delaware Regulations governing 
the Control of Air Pollution submitted on September 22, 1981 by the 
Secretary, Department of Natural Resources and Environmental Control.
    (27) Amendments to Section 9.4 (Surface Coating operations) and 13.2 
(Dry Cleaning) of Regulation XXIV (Control of Volatile Organic Compound 
Emissions) of the Delaware Regulations governing the Control of Air 
Pollution submitted on September 22, 1981 by the Secretary, Department 
of Natural Resources and Environmental Control.
    (28) Amendments to Regulations I (Definitions) and XXV Section 
(Requirements for Preconstruction Review) pertaining to prevention of 
significant deterioration submitted on December 29, 1980 by the 
Secretary, Delaware Department of Natural Resources and Environmental 
Control.
    (29) A February 27, 1981 letter from the Delaware Department of 
Natural Resources and Environmental Control

[[Page 224]]

to EPA pertaining to procedures of notifying EPA of any PSD application 
for sources locating within 100 kilometers of a Class I PSD area, as 
well as ensuring EPA in any monitoring procedure, that the requirements 
of 40 CFR part 58 will be specified.
    (30) A revision submitted by the State of Delaware on October 14, 
1982, consisting of amendments to Regulation No. II--Permits.
    (31) Plan Revision providing for attainment of the Ozone standard 
submitted by John E. Wilson, III to EPA on July 6, 1982.
    (32) Stack height regulation, public notification plan, and other 
miscellaneous revisions submitted to EPA on April 20, 1983.
    (33) A revision submitted by the State of Delaware on September 26, 
1983 consisting of amendments to Section 2.3 of Regulation Number XIV, 
Section 2.3 of Regulation Number VII, and Section 9.7 and Table I(a) to 
Regulation Number XXIV of the DelawareRegulations Governing the Control 
of Air Pollution.
    (34) Revisions to the Delaware Regulations Governing the Control of 
Air Pollution were submitted by the Secretary on August 8, 1984.
    (i) Incorporation by reference. (A) Amendments to Regulations II 
(Permits); XIII (Open Burning); XIV (Visible Emissions); and XVII 
(Source Monitoring, Record Keeping and Reporting).
    (35) Revisions submitted by the State of Delaware on June 5, 1985 
amending the State of Delaware Regulations Governing the Control of Air 
Pollution, Regulation Nos. VIII, XIII, and XXVI.
    (i) Incorporation by reference. (A) Revisions via Order No. 85-A-3 
Exhibit A Amendment Nos. 2, 3, and 5, to the State of Delaware 
Regulations Governing the Control of Air Pollution, Regulations VIII 
sections 2.1-2.4, XIII section 1.2, and XXVI Table 2, pertaining to 
sulfur in fuel oil, open burning, and motor vehicle emission testing, 
respectively. These revisions were adopted by the Department of Natural 
Resources and Environmental Control on May 9, 1985.
    (ii) Additional information. (A) A letter dated July 9, 1985 from 
Secretary John E. Wilson, III to Mr. James M. Seif, withdrawing certain 
portions of the original SIP revision request pertaining to asbestos, 
New Source Performance Standards (Regulation No. XX), and Emission 
Standards for Hazardous Air Pollutants (Regulation No. XXI).
    (B) A letter dated July 9, 1986 from Mr. Robert R. French to Mr. 
James Sydnor withdrawing the request to delete the definitions of 
``Reconstruction'' and ``Capital Expenditure'' from their new source 
review regulations (Regulations I and XXV).
    (36) [Reserved]
    (37) Revision submitted by the State of Delaware on March 6, 1987, 
consisting of amendment to Regulation II-Permits.
    (i) Incorporation by reference. State of Delaware Order No. 87-A-2 
(Introduction, Findings of Fad and (1) of the order which amends section 
2.7 of Regulation II) which was issued on February 18, 1987.
    (38) Revision to the Delaware State Implementation Plan 
incorporation of a Conciliatory Order, was submitted on May 31, 1989. 
The order is designed to reduce ambient sulfur dioxide levels around the 
Delmarva Power and Light Company's Indian River power plant.
    (i) Incorporation by reference.
    (A) Letter dated May 31, 1989 from the State of Delaware containing 
the Conciliatory Order for incorporation into the Delaware State 
Implementation Plan.
    (B) Conciliatory Order issued on May 31, 1989, for Delmarva Power 
and Light Company's Indian River power plant.
    (39) Revisions to the State Implementation Plan were submitted by 
the Delaware Department of Natural Resources and Environmental Control 
on March 6, 1987 (Secretary's Order No. 87-A-2). Revisions to the State 
Implementation Plan submitted by the Delaware Department of Natural 
Resources and Environmental Control on March 21, 1988 (Secretary's Order 
No. 89-A-5).
    (i) Incorporation by reference.
    (A) Letter received on March 6, 1987, from the Delaware Department 
of Natural Resources and Environmental Control submitting revisions to 
the State Implementation Plan for EPA approval (portions of Secretary 
Order No. 87-A-2).

[[Page 225]]

    (B) Letter dated December 21, 1988, from the Delaware Department of 
Natural Resources and Environmental Control submitting revisions to the 
State Implementation Plan for EPA approval (portions of Secretary Order 
No. 89-A-5).
    (C) Only those portions of Secretary's Order No. 87-A-2 issued on 
February 18, 1987, which amend Regulation No. II, Stack Heights at 
sections 2.2, 2.3, 2.4, and 2.5, pertaining to the definitions of the 
terms excessive concentrations, nearby stack, and stack in existence; 
and at sections 3.1, 3.2, and 3.3, pertaining to the requirements for 
new and existing sources.
    (D) Only those portions of Secretary's Order No. 89-A-5, issued on 
December 7, 1988, which amend Regulation No. XXV, Requirements for 
Preconstruction Review, at section 3.9(A) and Regulation No. XXVII, 
Stack Heights at section 2 to include definitions of the terms emission 
limitation and emission standard.
    (40)  [Reserved]
    (41) Revision submitted by the State of Delaware on April 28, 1988 
amending the hydrocarbon motor vehicle emission testing standards in 
Regulation XXVI of the Delaware Regulations Governing the Control of Air 
Pollution.
    (i) Incorporation by reference. (A) Revisions via Order 88-A-2, 
exhibit A, parts A and B, which is an amendment to Table 2 of Technical 
Memorandum Number 2 entitled ``Motor Vehicle Inspection and Maintenance 
Program Emission Limit Determination''. This revision was issued by the 
State on December 29, 1987.
    (42) Revisions to the State Implementation Plan submitted by the 
Delaware Department of Natural Resources and Environmental Control on 
December 12, 1985, pertaining to Delaware Regulation No. XXIV which 
includes an alternative RACT standard for the zinc-rich weld-through 
primer coating.
    (i) Incorporation by reference.
    (A) Letter from the Delaware Department of Natural Resources and 
Environmental Control dated December 12, 1985 submitting a revision to 
the Delaware State Implementation Plan, regarding changes to Regulation 
No. XXIV to remove the word ``yearly'' from Tables I and I(a) and to 
propose an alternative RACT standard for the zinc-rich primer coating.
    (B) Those portions of Exhibit 13 of Order No. 85-A-5 amending 
Regulation No. XXIV by 1) deleting the word ``yearly'' in Tables I and 
I(a) and (2) adopting 4.0 as the Reasonably Available Control Technology 
(RACT) emission limit for Zinc-rich Primer used in automobile surface 
coating.
    (ii) Additional materials.
    (A) Remainder of the State submittal.
    (43) Revision to the State Implementation Plan submitted by the 
Delaware Department of Natural Resources and Environmental Control on 
March 6, 1990, amending portions of Regulation XXVI (26) of the Delaware 
Regulations Governing the Control of Air Pollution by expanding the I/M 
program statewide, adopting CO cutpoints statewide, modifying the test 
procedures, and increasing the waiver cost repair limit.
    (i) Incorporation by reference.
    (A) Letter from the Delaware Department of Natural Resources and 
Environmental Control dated March 6, 1990 submitting a revision to the 
Delaware State Implementation Plan.
    (B) Sections 1, 2, 4 and 6 of Regulation XXVI (26), Motor Vehicle 
Emissions Inspection Program, of the Delaware Regulations Governing the 
Control of Air Pollution and the two (2) Technical Memoranda, Numbers 1 
and 2, which are appendices to Regulation XXVI (26), of the Delaware 
Regulations Governing the Control of Air Pollution.
    (ii) Additional materials--remainder of State submittal.
    (44) Revisions to the State Implementation Plan submitted by the 
Delaware Department of Natural Resources and Environmental Control on 
July 6, 1990.
    (i) Incorporation by reference.
    (A) A letter from the Delaware Department of Natural Resources and 
Environmental Control dated July 6, 1990 submitting a revision to the 
Delaware State Implementation Plan, effective July 3, 1990.
    (B) Regulation 1--Definitions and Administrative Principles.
    (C) Regulation 24--Section 1, General Provisions; section 6, Bulk 
Gasoline Plants; section 8, Petroleum Liquid

[[Page 226]]

Storage; section 9, Surface Coating Operations; section 14, Petroleum 
Refinery Component Leaks; and section 15, Rotogravure and Flexographic 
Printing.
    (45) Revisions to the State Implementation Plan submitted by the 
Delaware Department of Natural Resources and Environmental Control on 
March 9, 1990.
    (i) Incorporation by reference.
    (A) Letter from the Delaware Department of Natural Resources and 
Environmental Control dated March 6, 1990, submitting a revision to the 
Delaware State Implementation Plan.
    (B) The portion of Secretary Order 90-A-1 that amends Regulation 
II--Permits--Section 3.1.b.1; and Regulation XXV--Requirements for 
Preconstruction Review--Sections 1.9 (N) 1-4, 3.1, and 3.9. The 
amendments to Regulation II and Regulation XXV were adopted on January 
31, 1990, and were effective on May 15, 1990, in the state of Delaware.
    (46) Revisions to the Delaware State Implementation Plan submitted 
on January 11, 1993 by the Delaware Department of Natural Resources & 
Environmental Control:
    (i) Incorporation by reference. (A) Letter of January 11, 1993 from 
the Delaware Department of Natural Resources & Environmental Control 
transmitting Regulation 24--``Control of Volatile Organic Compound 
Emissions'', effective January 11, 1993.
    (B) Regulation 24--``Control of Volatile Organic Compound 
Emissions'', Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 13, 14, 15, 16, 17, 18, 
19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 
38, 39, 40, 41, 42, and Appendices A, B, C, D, E, F, G, & H.
    (47) Revisions to the Delaware regulations for particulate matter 
(PM-10) submitted on April 26, 1988 by the Delaware Department of 
Natural Resources and Environmental Control:
    (i) Incorporation by reference. (A) Letter of April 26, 1988 from 
the Department of Natural Resources and Environmental Control 
transmitting a revision to the Delaware State implementation plan for 
particulate matter (PM-10) Group III areas.
    (B) Revisions via Order No. 88-A-5, exhibit A, and Table 1. The 
Order amends the following Delaware Regulations Governing the Control of 
Air Pollution: Regulation 1--``Definitions and Administrative 
Principles''; Regulation 3--``Ambient Air Quality Standards''; 
Regulation 15--``Air Pollution Alert and Emergency Plan''; and 
Regulation 25--``Requirements for Preconstruction Review''. The 
revisions were adopted on March 29, 1988 and became effective 
immediately.
    (ii) Additional materials.
    (A) Remainder of the State implementation plan revision submitted by 
the Delaware Department of Natural Resources and Environmental Control 
on April 26, 1988.
    (48)-(49) [Reserved]
    (50) Revisions to the Delaware State Implementation Plan submitted 
on January 11, 1993, by the Delaware Department of Natural Resources & 
Environmental Control:
    (i) Incorporation by reference.
    (A) Letter of January 11, 1993, from the Delaware Department of 
Natural Resources & Environmental Control submitting and requesting 
approval of Stage II Vapor Recovery Regulations for Gasoline Dispensing 
Facilities.
    (B) Addition of Section 36-Stage II Vapor Recovery and Appendix J-
Procedures for Implementation of Regulations Covering Stage II Vapor 
Recovery Systems for Gasoline Dispensing Facilities to Regulation No. 
24, ``Control of Volatile Organic Compound Emissions.'' Section 36 and 
Appendix J have an effective date of January 11, 1993.
    (ii) Additional materials.
    (A) Delaware Secretary's Order No. 93-00078, issued January 11, 
1993, adopting Stage II Vapor Recovery Regulations in the State.
    (B) Remainder of the January 11, 1993, State submittal pertaining to 
Section 36 and Appendix J of Regulation No. 24, Stage II Vapor Recovery 
at Gasoline Dispensing Facilities.
    (51) Revisions to the Delaware State Implementation Plan submitted 
on January 20, 1994 by the Delaware Department of Natural Resources & 
Environmental Control:
    (i) Incorporation by reference. (A) Letter dated January 20, 1994, 
from the Delaware DNREC transmitting an amendment to Regulation 24, 
``Control

[[Page 227]]

of Volatile Organic Compound Emissions'', Section 43--``Other Facilities 
that Emit VOCs'', effective November 24, 1993.
    (B) Amendment to Regulation 24, ``Control of VOC Emissions'', 
Section 43--``Other Facilities that Emit VOCs'', Sections 43(a)(1), 
43(a)(2), 43(a)(3), 43(a)(4), 43(b)(1), 43(b)(2), 43(c), 43(d), 43(e), 
and 43(f).
    (ii) Additional Material. (A) Remainder of January 11, 1993 and 
January 20, 1994 State submittal pertaining to Regulation 24 referenced 
in paragraphs (c)(46)(i) and (c)(51)(i) of this section.
    (iii) Additional Information. (A) These rules supersede paragraph 
(c)(44)(i)(C) of this section.
    (52) Revisions to the Delaware State Implementation Plan submitted 
by the Secretary, Delaware Department of Natural Resources and 
Environmental Control, on January 11, 1993.
    (i) Incorporation by reference.
    (A) Letter dated January 11, 1993 from the Secretary, Delaware 
Department of Natural Resources and Environmental Control, submitting a 
revision to the Delaware State Implementation Plan.
    (B) Amended section 2, Regulation 1 (Definitions and Administrative 
Principles). Amended section 1, and added new section 7 of Regulation 17 
(Source Monitoring, Recordkeeping and Reporting). The amendments to 
Regulations 1 and 17, and the addition of section 7 of Regulation 17, 
were effective on January 11, 1993. This revision consists of an 
emission statement program for stationary sources which emit volatile 
organic compounds (VOC) and/or nitrogen oxides (NOX) at or above 
specified actual emission threshold levels. This program is applicable 
state-wide.
    (ii) Additional material.
    (A) Remainder of January 11, 1993 state submittal pertaining to 
Delaware Emission Statement Program.
    (53) Revisions to the Delaware Regulations on the control of 
volatile organic compound emissions from marine vessel transfer 
operations submitted on August 26, 1994 by the Delaware Department of 
Natural Resources & Environmental Control:
    (i) Incorporation by reference.
    (A) Letter of August 26, 1994 from the Delaware Department of 
Natural Resources & Environmental Control transmitting Regulation 24, 
``Control of Volatile Organic Compound Emissions'', by renumbering 
existing Section 43, ``Other Facilities that Emit Volatile Organic 
Compounds,'' to Section 50 and adding a new Section 43, ``Bulk Gasoline 
Marine Tank Vessel Loading Facilities''.
    (B) Administrative changes to Section 50: renumbering existing 
Section 43 to Section 50, and Section 50(a)(1): renumbering 42 to 43; 
and the new Section 43, effective August 26, 1994.
    (ii) Additional material.
    (A) Remainder of August 26, 1994 State submittal pertaining to 
Regulation 24 referenced in paragraph (c)(53)(i) of this section.
    (54) Revisions to the Delaware State Implementation Plan submitted 
on December 19, 1994 by the Delaware Department of Natural Resources & 
Environmental Control:
    (i) Incorporation by reference.
    (A) Letter of December 19, 1994 from the Delaware Department of 
Natural Resources & Environmental Control transmitting Regulation 24--
``Control of Volatile Organic Compound Emissions'', effective November 
29, 1994.
    (B) Regulation 24--``Control of Volatile Organic Compound 
Emissions'', Sections 10, 11, 12, 44, 45, 48, and 49 and appendices I, 
K, L, and M, effective November 29, 1994.
    (C) Administrative changes to Regulation 24, Section 2--Definitions: 
Addition of sections 2(c) Basecoat; 2(j) Clearcoat; 2(x) Gloss 
flattener; 2(bb) Internal Floating Roof; 2(gg) Liquid-mounted seal; 
2(ss) Petroleum; 2(tt) Petroleum Liquid; 2(xx) Primer; 2(jjj) Storage 
Vessel; 2(mmm) Transfer efficiency; 2(ppp) Vapor-mounted seal; and 
2(ttt) Volatile Organic Liquid (VOL); and section 2(zz) by changing ASTM 
D323-89 to ASTM D323-82, effective November 29, 1994.
    (D) An Errata sheet of Regulation 24 with administrative changes to 
Section 4--4(b) by renumbering section 13 to 10 and section 22 to 23, 
4(b)(1)(iii) by renumbering section 13 to 10 and section 22 to 23, 4(c) 
by renumbering section 22 to 23, 4(d) by renumbering section 22 to 23, 
4(e) by renumbering section 13 to 10 and section 22 to 23, 4(e)(2)(iv) 
by adding the following lines: section

[[Page 228]]

10(e)(1)(iii), section 11(d), section 12(e)(1)(iii), and section 
23(e)(1)(iii), 4(e)(x) correcting 50 degrees F to 82 degrees F; Section 
8--8(a)(2) by renumbering section 13 to 10; Section 21--21(a)(5) 
correcting the number 4 to 5; Section 25--25(c)(4)(vi) by changing 
calibrated to calculated; Section 29--29(i)(3)(i)(A) by correcting 0.09 
to 0.044 in Hg, 29(i)(3)(i)(B) by correcting 0.09 to 0.044 in Hg; 
Section 30--30(b) by deleting definitions of liquid mounted seal and 
vapor mounted seal that were added in Section 2--Definitions; Section 
31--31(b) by deleting definition of internal floating roof that was 
added to Section 2--Definitions, 31(e)(ii) by correcting letter i to ii; 
Section 33--33(f)(3) by correcting (c)(3)(i)(B) to (c)(3)(ii)(B), 
Section 35--35(c)(2)(i) by adding weight, 35(c)(3)(i) by adding by 
weight; Section 37--37(a)(1) by deleting of press ready ink; Section 
43--43(a)(1) by renumbering section 13 to 10 and section 42 to 49; 
Appendix A--(a) by renumbering section 13(c)(1) or section 14 through 43 
to section 19 through 50; Appendix D--(a)(2)(iii)(4) by deleting to be 
published, effective November 29, 1994.
    (ii) Additional Material.
    (A) Remainder of December 19, 1994 State submittal pertaining to 
Regulation 24 referenced in paragraphs (c)(54)(i).

[37 FR 10856, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.420, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.421   Classification of regions.

    The Delaware 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)
----------------------------------------------------------------------------------------------------------------
Metropolitan Philadelphia Interstate.................           I          I       III         I             I  
Southern Delaware Intrastate.........................         III        III       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10856, May 31, 1972, as amended at 39 FR 16345, May 8, 1974]



Sec. 52.422  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Delaware's plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds that the plan satisfies all requirements of part 
D, title 1, of the Clean Air Act as amended in 1977, except as noted 
below. In addition, continued satisfaction of the requirements of part D 
for the ozone portion of the SIP depends on the adoption and submittal 
of RACT requirements by July 1, 1980, for the sources covered by CTGs 
issued between January 1978 and January 1979 and adoption and submittal 
by each subsequent January of additional RACT requirements for sources 
covered by CTGs issued by the previous January.
    (b) Letter of February 26, 1993, from the Delaware Department of 
Natural Resources and Environmental Control transmitting a commitment to 
adopt either the Federal clean fuel fleet program or an alternative 
substitute program by May 15, 1994.

[45 FR 14558, Mar. 6, 1980, as amended at 58 FR 50848, Sept. 29, 1993]



Sec. 52.423  1990 Base Year Emission Inventory.

    EPA approves as a revision to the Delaware State Implementation Plan 
the 1990 base year emission inventories for the Delaware ozone 
nonattainment areas submitted by the Secretary of the Department of 
Natural Resources and Environmental Control on May 27, 1994. This 
submittal consists of the 1990 base year point, area, non-road mobile, 
biogenic and on-road mobile source emission inventories in area for the 
following pollutants: volatile organic

[[Page 229]]

compounds (VOC), carbon monoxide (CO), and oxides of nitrogen 
(NOX).

[61 FR 1841, Jan. 24, 1996]
Secs. 52.424-52.429  [Reserved]



Sec. 52.430  Photochemical Assessment Monitoring Stations (PAMS) Program.

    On March 24, 1994 the Delaware Department of Natural Resources & 
Environmental Control submitted a plan for the establishment and 
implementation of a Photochemical Assessment Monitoring Stations (PAMS) 
Program as a state implementation plan (SIP) revision, as required by 
section 182(c)(1) of the Clean Air Act. EPA approved the Photochemical 
Assessment Monitoring Stations (PAMS) Program on September 11, 1995 and 
made it part of the Delaware SIP. As with all components of the SIP, 
Delaware must implement the program as submitted and approved by EPA.

[60 FR 47084, Sept. 11, 1995]
Sec. 52.431  [Reserved]



Sec. 52.432   Significant deterioration of air quality.

    (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) Regulation for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21(l)(2) and (p) are hereby 
incorporated and made a part of the applicable State plan for the State 
of Delaware.
    (c) Pursuant to 40 CFR 52.21(u) full delegation of authority for all 
portions of the Federal PSD program, as described in 40 CFR 52.21, was 
relinquished to the State of Delaware as of June 15, 1981. All 
applications submitted as of that date and supporting information 
required pursuant to Sec. 52.21 from sources located in the State of 
Delaware shall be submitted to: Delaware Department of Natural Resources 
and Environmental Control, Air Resources Section, Division of 
Environmental Control, Edward Tatnall Building, P.O. Box 1401, Dover, 
Delaware 19901.

[45 FR 52741, Aug. 7, 1980, and 46 FR 31262, June 15, 1981, as amended 
at 47 FR 11014, Mar. 15, 1982]



Sec. 52.433  Requirements for state implementation plan revisions relating to new motor vehicles.

    Delaware must comply with the requirements of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]



Sec. 52.460  Small business stationary source technical and environmental compliance assistance program.

    (a) On January 11, 1993, the Director of the Delaware Department of 
Natural Resources and Environmental Control submitted a plan for the 
establishment and implementation of a Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program as a State 
Implementation Plan revision, as required by title V of the Clean Air 
Act. EPA approved the Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program on May 17, 1994, and made it 
a part of the Delaware SIP. As with all components of the SIP, Delaware 
must implement the program as submitted and approved by EPA.

[59 FR 25572, May 17, 1994]



                     Subpart J--District of Columbia



Sec. 52.470  Identification of plan.

    (a) Title of plan: ``Implementation Plan for the Control of Carbon 
Monoxide, Nitrogen Dioxide, Hydrocarbons, and Oxidants.''
    (b) The above plan was officially submitted on January 31, 1972, by 
the Mayor/Commissioner.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Control strategies for sulfur oxides and particulate matter were 
defined by the District's ``Implementation Plan for Controlling Sulfur 
Oxide and Particulate Air Pollutants'' submitted on August 14, 1970, by 
the District of Columbia.
    (2) Addition to Permit to Construct regulation, Section 8-2:720 of 
the District of Columbia Control Regulations,

[[Page 230]]

plus miscellaneous non-regulatory revisions to the plan submitted April 
28, 1972, by the District of Columbia.
    (3) Particulate matter emission rate graph submitted on January 29, 
1973, by the Department of Environmental Services.
    (4) Plan revisions were submitted on January 29, 1973, by the 
Department of Environmental Services.
    (5) Transportation Control Plans for the District of Columbia's 
portion of National Capital AQCR submitted on April 20, 1973, by the 
Mayor/Commissioner.
    (6) Amendments to the Transportation Control Plan for the District 
of Columbia submitted on July 9, 1973, by the Mayor/Commissioner.
    (7) Amendments to the Transportation Control Plan for the District 
of Columbia submitted on July 16, 1973, by the Mayor/Commissioner.
    (8) Amendments to Sections 8-2:702 (Definitions) and 8-2:707, 
(Control of Organic Compounds), subsections (a), (b), (c), (d), (e), and 
(f) of the District of Columbia Air Quality Control Regulations 
submitted on March 22, 1974 by the Mayor/Commissioner.
    (9) Amendments to Sections 8-2:704 and 8-2:705 of the District of 
Columbia Air Quality Control Regulations submitted on February 25, 1976 
by the Mayor.
    (10) Section 8-2:709 and Section 8-2:724 are amended to limit 
particulate emissions to .08 grains per day standard cubic foot at Solid 
Waste Reduction Center 1 (S.W.R.C. 1) and allow continued operation of 
S.W.R.C. 1 respectively; submitted July 17, 1975 by the District of 
Columbia.
    (11) Amendments to Sections 8-2:704 (Use of Certain Fuel Oils 
Forbidden), 8-2:705 (Use of Certain Coal Forbidden), and 8-2:713 
(Visible Emissions) of the District of Columbia Air Quality Control 
Regulations submitted on March 3, 1977 by the Mayor.
    (12) Amendments to Sections 8-2:702 (Definitions), 8-2:708 (Fuel 
Burning Particulate Emission) and 8-2:720 (Permits to Construct or 
Modify, Permits to Operate); an amendment deleting Appendix 1 from the 
District of Columbia Air Quality Control Regulations submitted by the 
Mayor on May 25, 1978.
    (13) Amendments to Sections 8-2:704 (Allowable Sulfur Content in 
Fuel Oil) and 8-2:705 (Allowable Sulfur Content in Coal) of the 
District's Air Quality Control Regulations submitted on December 27, 
1978, by Mayor Walter E. Washington is hereby approved until December 
31, 1980.
    (14)-(15) [Reserved]
    (16) Amendments to Sections 8-2:702 (Definition Changes), 8-2:708 
(Performance Testing), 8-2:713 (Visible Emissions), 8-2:718 (Emission 
Testing), 8-2:726 (Penalties) of the District's Air Quality Control 
Regulations, and Section 6-812(a)(5) (Penalties) of the District of 
Columbia's Air Quality Control Act submitted on December 27, 1978 by 
Mayor Walter E. Washington.
    (17) Amendments to Sections 8-2:704 (Allowable Sulfur Content in 
Fuel Oil) and 8-2:705 (Allowable Sulfur Content in Coal) of the 
District's Air Quality Control Regulations submitted on December 27, 
1978, by Mayor Walter E. Washington are approved indefinitely.
    (18) Amendments to Regulations I (Definitions), XXIV (Control of 
Volatile Organic Compounds Emissions) and XXV (Requirements for 
Preconstruction Review) submitted on March 19, 1980 by the Secretary, 
Delaware Department of Natural Resources and Environmental Control.
    (19) The Plan revision entitled ``Revisions to the Implementation 
Plan for the District of Columbia for Attainment of the National Ambient 
Air Quality Standards for Particulates, Oxidants and Carbon Monoxide'' 
for all areas designated nonattainment as of March 3, 1978 and September 
12, 1978 submitted on December 26, 1979 by the Mayor. Included was a 
request for revocation and/or revision of sections of subpart J which 
have been mooted by court decision (District of Columbia v. Costle, 567 
F. 2d 1091 (D.C. Cir. 1977)), Congressional action, or rescission by 
EPA.
    (20) Inspection and Maintenance Program Amendments to the 
transportation control portion of the nonattainment plan were submitted 
by the Mayor on September 7, 1979 and May 6, 1981.

[[Page 231]]

    (21) Amendments to the District's Air Quality Control Regulations 
for control of particulate matter, carbon monoxide and ozone were 
submitted by the Mayor on June 23, 1981.
    (22) The Washington, DC Implementation Plan for maintaining the 
National Ambient Air Quality Standard for lead submitted on October 7, 
1982 by the Mayor.
    (23) Revision for Public Notification of Air Quality, submitted on 
December 5, 1983.
    (24) Revision for Conflict of Interest procedures, submitted on 
December 6, 1983.
    (25) Plan revision, excluding the required vehicle emission 
inspection program, providing for attainment of the Ozone and Carbon 
Monoxide Standards, submitted by the District of Columbia on December 
28, 1982 and April 15, 1983.
    (26) Revision to the 1982 District of Columbia Ozone and Carbon 
Monoxide Attainment Plan consisting of an approvable vehicle emission 
inspection and maintenance program, therefore, completing all necessary 
requirements for attainment of the Ozone and Carbon Monoxide standards; 
submitted by the Mayor on May 3, 1985. See paragraph (c)(25) of this 
section for date of original submittal.
    (i) Incorporation by reference.
    (A) Amendment to section 604 (Vehicle Inspection: Rejected Vehicles) 
of Title 18 of the District of Columbia Municipal Regulations as 
published in the District of Columbia Register on November 23, 1984.
    (27) Revisions to the State Implementation Plan submitted by the 
Mayor of the District of Columbia on June 21, 1985, which define and 
impose RACT to control volatile organic compound emissions from 
engraving and plate printing sources.
    (i) Incorporation by reference.
    (A) A letter from the Mayor of the District of Columbia dated June 
21, 1985, submitting revision to the District of Columbia State 
Implementation Plan, and a letter from the District of Columbia 
Department of Consumer and Regulatory Affairs dated April 1, 1992, 
formally submitting additional information supplementing the June 21, 
1985 submittal.
    (B) Section 710 of title 20, submitted June 21, 1985 and effective 
March 15, 1985.
    (28) Revisions to 20 District of Columbia Municipal Regulations 
(DCMR) pertaining to oxygenated gasoline submitted on October 22, 1993 
by the District of Columbia's Department of Consumer and Regulatory 
Affairs.
    (i) Incorporation by reference.
    (A) Letter of October 22, 1993 from the District of Columbia's 
Department of Consumer and Regulatory Affairs transmitting the 
oxygenated gasoline regulations.
    (B) District of Columbia Register dated July 30, 1993 containing 20 
DCMR chapter 1, Section 199 definitions for the terms blending plant, 
distributor, non-oxygenated gasoline, oxygenate, oxygenated gasoline, 
oxygenated gasoline control period, oxygenated gasoline control area, 
refiner, refinery, retailer, retail outlet, terminal, wholesale 
purchaser-consumer; Chapter 5, Section 500, subsections 500.4 and 500.5; 
chapter 5, section 502, subsection 502.18; Chapter 9, section 904, 
subsections 904.1 and 904.2, effective September 30, 1993.
    (ii) Additional material.
    (A) Remainder of October 22, 1993 District of Columbia submittal.
    (29)-(31) [Reserved]
    (32) Revisions to the District of Columbia Regulations State 
Implementation Plan submitted on October 22, 1993 by the Government of 
the District of Columbia Department of Consumer and Regulatory Affairs.
    (i) Incorporation by reference.
    (A) Letter of October 22, 1993 from the Government of the District 
of Columbia Department of Consumer and Regulatory Affairs transmitting a 
revised regulation which require owners of stationary sources to submit 
emission statements annually.
    (B) D.C. ACT 10-56 amendments to District of Columbia Air Pollution 
Control Act of 1984, Section 20 DCMR 199, specifically the addition of 
new definitions, and the addition of Section 20 DCMR 500.7. Effective on 
September 30, 1993.
    (33)  [Reserved]
    (34) Revisions to Title 20 the District of Columbia Municipal 
Regulations (DCMR) on June 21, 1985 by the District of Columbia:

[[Page 232]]

    (i) Incorporation by reference.
    (A) Letter of June 21, 1985 from the Mayor of the District of 
Columbia transmitting Act 5-165, representing the air pollution cotrol 
regulations codified in 20 DCMR.
    (B) The revised provisions of 20 DCMR, effective March 15, 1985, as 
described below:
    (1) Chapter 1--General.

Section 100  (Purpose, Scope, and Construction), subsections 100.1 
through 100.5
Section 101  (Inspection), subsection 101.1
Section 102  (Orders for Compliance), subsections 102.1 through 102.3
Section 104  (Hearings), subsections 104.1 through 104.5
Section 105  (Penalty), subsections 105.1 through 105.4
Section 106  (Confidentiality of Reports), subsections 106.1 and 106.2
Section 107  (Control Devices or Practices), subsections 107.1 through 
107.4
Section 199  The following definitions and abbreviations:

    Definitions (Section 199.1)--Added: Affected facility, Building, 
structure, facility, or installation, Cartridge filter, Component, 
Containers and conveyers of solvent, Crude oil, Cylinder wipe, Emission 
unit, Federally enforceable, Flexography, Fugitive emission, Gas 
services, Gas services for pipeline/valves and pressure relief valves, 
Gravure, Heatset, Hydrocarbon, Ink, Inking cylinder, Innovative control 
technology, Intaglio, Leaking component, Lease custody transfer, 
Letterpress, Letterset, Liquid service, Necessary preconstruction, Net 
emission increase, Offset printing process, Offset lithography, Paper 
wipe, Perceptible, leak, Petroleum solvent, Plate, Printing, Printing 
operation, Printing Unit, Refinery operator, Refinery unit, Routing, 
Secondary emissions, Substrate, Vacuum still, Valves not externally 
regulated, Water-based solvent, Wiping solution. Revised: Air pollution, 
Distillate oil, Dry cleaning, Existing source, Fugitive dust, 
Incinerator, Loading facilities, Person, Start-up, Stationary source, 
Vapor tight, Wipe cleaning.
    Unchanged from Section 8-2:702: Air Pollutant, Control Device, 
Conveyorized Degreaser, Cutback Asphalt, Cold Cleaner, District, 
Emission, Episode Stage, Fossil Fuel, Fossil-Fuel-Fired Steam-Generating 
Unit, Freeboard, Fuel Burning Equipment, Gasoline, Malfunction, Multiple 
Chamber Incinerator, Opacity, Open-top Vapor Degreaser, Organic 
Solvents, Particulate Matter, Photochemically Reactive Solvent, Process, 
Process Weight, Process Rate Per Hour, Ringelmann Smoke Chart, Smoke, 
Solid Waste, Standard Conditions, Submerged Fill Pipe, Volatile Organic 
Compounds.
    Abbreviations (Section 199.2)--Added: CFR, EPA, ppmv Unchanged from 
Section 8-2:702: B.T.U., cal., CO, COHs, cfm, g., Hi-Vol., hr., lb., 
max., NO2, No., ppm, psia, SO2, g/m3, U.L.

    Note: Section 199 of Chapter 1 lists all of the applicable 
definitions and abbreviations, while Sections X99.1 and X99.2 of each 
chapter contain a cross-reference to definitions listed in Section 199.1 
and abbreviations listed in Section 199.2.

    (2) Chapter 4--Ambient Monitoring and Emergency Procedures.

Section 400  (Air Pollution Reporting Index), subsection 400.1
Section 401  (Emergency Procedures), subsections 401.1 through 401.4, 
401.2 through 401.8, 401.7 (duplicate) and 401.8 (duplicate)
Section 499  (Definitions and Abbreviations), subsections 499.1 and 
499.2

    (3) Chapter 5--Source Monitoring and Testing.

Section 500  (Source Monitoring and Testing), subsections 500.1 through 
500.3
Section 501  (Monitoring Devices), subsections 501.1 through 501.3
Section 502  (Sampling, Tests, and Measurements), subsections 502.1 
through 502.15 (except for subsections 502.11, 502.12, and 502.14)
Section 599  (Definitions and Abbreviations), subsections 599.1 and 
599.2

    (4) Chapter 6--Particulates.

Section 600  (Fuel-Burning Particulate Emission), subsections 600.1 
through 600.7
Section 601  (Rotary Cup Burners), subsections 601.1 and 601.2
Section 602  (Incinerators), subsections 602.1 through 602.6
Section 603  (Particulate Process Emissions), subsections 603.1 through 
603.3
Section 604  (Open Burning), subsections 604.1 and 604.2
Section 605  (Control of Fugitive Dust), subsections 605.1 through 605.4
Section 606  (Visible Emissions), subsections 606.1 through 606.9
Section 699  (Definitions and Abbreviations), subsections 699.1 and 
699.2

    (5) Chapter 8--Asbestos, Sulfur and Nitrogen Oxides.

Section 801  (Sulfur Content of Fuel Oils), subsection 801.1
Section 802  (Sulfur Content of Coal), subsections 802.1 and 802.2
Section 803  (Sulfur Process Emissions), subsections 803.1 through 803.4
Section 804  (Nitrogen Oxide Emissions), subsection 804.1
Section 899  (Definitions and Abbreviations), subsections 899.1 and 
899.2


[[Page 233]]


    (6) Appendices.

Appendix No. 1  (Emission Limits for Nitrogen Oxide)
Appendix No. 2  [Table of Allowable Particulate Emissions from Process 
Sources]
Appendix No. 3  [Allowable VOC Emissions under Section 710]

    (7) Deletion of the following SIP provisions:

Section 8-2:721  (Complaints and Investigations)
Section 8-2:730  (Independence of Sections)
Section 8-2:731  (Effective Date)

    The following definitions and abbreviations:
    Definitions: Act, Air quality standard of the District of Columbia, 
Dry cleaning operation, Freeboard ratio, Mayor, Vehicular fuel tank.
    Abbreviations: (Degree), VOC, ``%''.

    (ii) Additional material.
    (A) Remainder of June 21, 1985 District of Columbia submittal 
pertaining to the provisions listed above.
    (35)  [Reserved]
    (36) The carbon monoxide redesignation and maintenance plan for the 
District of Columbia submitted by the District of Columbia Department of 
Consumer and Regulatory Affairs on October 12, 1995, as part of the 
District of Columbia SIP. The emission inventory projections are 
included in the maintenance plan.
    (i) Incorporation by reference.
    (A) Letter of October 12, 1995 from the District of Columbia 
Department of Consumer and Regulatory Affairs requesting the 
redesignation and submitting the maintenance plan.
    (B) Maintenance Plan for the Metropolitan Washington Carbon Monoxide 
Nonattainment Area adopted on September 20, 1995.
    (ii) Additional material.
    (A) Remainder of October 12, 1995 State submittal.

[37 FR 19814, Sept. 22, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.470, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.471   Classification of regions.

    The District of Columbia plan was evaluated on the basis of the 
following classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
National Capital Interstate...............................           I          I       III         I          I
----------------------------------------------------------------------------------------------------------------

[37 FR 10857, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 46 
FR 61263, Dec. 16, 1981]



Sec. 52.472   Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves the District of Columbia's plan for the attainment and 
maintenance of the national standards.
    (b) With respect to the transportation control strategies submitted 
on April 19, July 9, and July 16, 1973, the Administrator approves the 
measures for parking surcharge, car pool locator, vehicle inspection, 
express bus lanes, increased bus fleet and service, elimination of free 
parking by private employers, with exceptions set forth in Secs. 52.476, 
52.483, 52.486, and 52.479.
    (c) With the exceptions set forth in this subpart, the Administrator 
approves the District of Columbia's plan for the attainment and 
maintenance of the national standards under section 110 of the Clean Air 
Act. Furthermore, the Administrator finds that the plan satisfies all 
requirements of Part D, Title 1, of the Clean Air Act as amended in 
1977.
    (d) Section 710 of title 20 of the District of Columbia Regulations 
is approved with the following condition: Any alternative controls or 
exemptions under section 710.8 approved or granted by the District of 
Columbia are subject to a public notice and public hearing requirements 
and must be submitted to EPA as SIP revisions. Such alternatives or 
exemptions are not effective until approved as SIP revisions by EPA.
    (e)  [Reserved]

[[Page 234]]

    (f) Disapproval of revisions to the District of Columbia State 
Implementation Plan, District of Columbia Municipal Regulations (DCMR) 
Title 20, Sections 200, 201, 202, 204 and 299, pertaining to permitting 
of sources, and associated definitions in Section 199 submitted on June 
21, 1985 and October 22, 1993 by the Mayor of the District of Columbia 
(1985 submittal) and by the Administrator of the District of Columbia 
Environmental Regulation Administration (1993 submittal). The 
disapproved regulations include those applicable to major new and major 
modified sources wishing to locate in the District. A new source review 
program for such major sources is required under sections 182 and 184 of 
the Clean Air Act. There are many deficiencies in the DCMR permitting 
regulations. Some of these deficiencies are the lack of public notice 
and comment procedures for new and modified sources applying for 
construction permits, the existence of a provision that allows the Mayor 
to grant indefinite 1-month temporary permits to those sources whose 
permits he/she determines have been delayed because of his/her office, 
the inclusion of a major source operating permit program, the inclusion 
of a minor source operating permit program that does not meet Part D 
requirements of the Act, the exemption of certain fuel burning (nitrogen 
oxide emitting) sources, incorrect citations of the Clean Air Act, a 
provision that allows circumvention of the offset requirement, and the 
lack of the de minimis special modification provisions required in 
serious and severe ozone nonattainment areas (section 182(c)(6) of the 
Clean Air Act).

[38 FR 33709, Dec. 6, 1973, as amended at 46 FR 61263, Dec. 16, 1981; 57 
FR 34251, Aug. 4, 1992; 60 FR 5136, Jan. 26 1995; 60 FR 15486, Mar. 24, 
1995; 61 FR 2936, Jan. 30, 1996]
Sec. 52.473  [Reserved]



Sec. 52.474  1990 Base Year Emission Inventory for Carbon Monoxide

    EPA approves as a revision to the District of Columbia 
Implementation Plan the 1990 base year emission inventory for the 
Washington Metropolitan Statistical Area, submitted by Director, 
District of Columbia Consumer and Regulatory Affairs, on January 13, 
1994 and October 12, 1995. This submittal consist of the 1990 base year 
stationary, area and off-road mobile and on-road mobile emission 
inventories in the Washington Statistical Area for the pollutant, carbon 
monoxide (CO).

[61 FR 2936, Jan. 30, 1996]
Secs. 52.475--52.478  [Reserved]



Sec. 52.479   Source surveillance.

    (a) [Reserved]
    (b) The requirements of Sec. 51.213 are not met with respect to the 
strategies for carpool locator service. The remaining transportation 
measures in the previously federally-promulgated implementation plan 
have been mooted by court decision (District of Columbia v. Costle, 567 
F. 2d 1091 (D.C. Cir 1977)) or rescinded by EPA.

[46 FR 61263, Dec. 16, 1981, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.480  Photochemical Assessment Monitoring Stations (PAMS) Program.

    On January 14, 1994 the District of Columbia's Department of 
Consumer and Regulatory Affairs submitted a plan for the establishment 
and implementation of a Photochemical Assessment Monitoring Stations 
(PAMS) Program as a state implementation plan (SIP) revision, as 
required by section 182(c)(1) of the Clean Air Act. EPA approved the 
Photochemical Assessment Monitoring Stations (PAMS) Program on September 
11, 1995 and made it part of the District of Columbia SIP. As with all 
components of the SIP, the District of Columbia must implement the 
program as submitted and approved by EPA.

[60 FR 47084, Sept. 11, 1995]
Secs. 52.481--52.497  [Reserved]



Sec. 52.498  Requirements for state implementation plan revisions relating to new motor vehicles.

    The District of Columbia must comply with the requirements of 
Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]

[[Page 235]]



Sec. 52.499   Significant deterioration of air quality.

    (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 Sec. 52.21 (b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the 
District of Columbia.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980]



Sec. 52.510  Small business assistance program.

    On October 22, 1993, the Administrator of the District of Columbia 
Environmental Regulation Administration submitted a plan for the 
establishment and implementation of a Small Business Technical and 
Environmental Compliance Assistance Program as a state implementation 
plan revision (SIP), as required by title V of the Clean Air Act. EPA 
approved the Small Business Technical and Environmental Compliance 
Assistance Program on August 17, 1994 and made it part of the District 
of Columbia SIP. As with all components of the SIP, the District of 
Columbia must implement the program as submitted and approved by EPA.

[59 FR 42168, Aug. 17, 1994]



                           Subpart K--Florida



Sec. 52.520   Identification of plan.

    (a) Title of plan: ``State of Florida Air Implementation Plan.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Notification of adoption of standard procedures to test and 
evaluate air pollution sources submitted on April 10, 1972, by the 
Florida Department of Pollution Control.
    (2) Miscellaneous non-regulatory additions to the plan submitted on 
May 5, 1972, by the Florida Department of Pollution Control.
    (3) Compliance schedules submitted on June 1, 1973, by the Florida 
Department of Pollution Control.
    (4) Compliance schedules submitted on August 6, 1973, by the Florida 
Department of Pollution Control.
    (5) Revision of the State permit system to include indirect sources, 
Section III, Chapter 17-2, submitted on September 25, 1973, by the 
Florida Department of Pollution Control.
    (6) Compliance schedules submitted on February 26, 1974, by the 
Florida Department of Pollution Control.
    (7) Identification of ten AQMA's submitted on May 30, 1974, by the 
Florida Department of Pollution Control.
    (8) Request that EPA defer identification of seven AQCR's submitted 
on September 25, 1974, by the Florida Department of Pollution Control.
    (9) Additional information relating to the September 25, 1974, 
deferral request submitted on November 21, 1974, by the Florida 
Department of Pollution Control.
    (10) Additional information relating to the September 25, 1974, 
deferral request submitted on January 9, 1975, by the Florida Department 
of Pollution Control.
    (11) Revision to SO2 emission limits for sulfur recovery plants 
and sulfuric acid plants submitted on February 12, 1975, by the Florida 
Department of Pollution Control.
    (12) Request for deletion of four AQMA's from the AQMA 
identification list submitted on March 31, 1975, by the Florida 
Department of Pollution Control.
    (13) Additional information supporting the March 31, 1975, deletion 
request submitted on April 9, 1975, by the Florida Department of 
Pollution Control.
    (14) Additional information supporting the March 31, 1975, deletion 
request submitted on April 15, 1975, by the Florida Department of 
Pollution Control.
    (15) Revised limits on sulfur dioxide emissions from fossil-fuel-
fired steam generators were submitted on July 26, 1975, by the 
Department of Environmental Regulation. (No action is taken on these new 
limits as they apply to Duval County.)
    (16) Revised ambient sulfur dioxide standards for Broward, Dade, and 
Palm

[[Page 236]]

Beach Counties, submitted on December 15, 1975, by the Florida 
Department of Environmental Regulation.
    (17) Revised burning rule for cold or frost protection, submitted on 
January 14, 1976, by the Florida Department of Environmental Regulation.
    (18) 1979 implementation plan revisions for nonattainment areas, 
(sulfur dioxide and ozone), submitted on April 30, 1979, as supplemented 
with August 27, 1979 and January 23, 1980 submittals by the Florida 
Department of Environmental Regulation.
    (19) Variance from particulate, sulfur dioxide, and visible emission 
limits of the plan for units of Florida Power and Light Company's Cape 
Canaveral, Ft. Myers, Manatee, Riviera, and Sanford plants, submitted on 
August 31, 1979, and June 23, 1980, by the Florida Department of 
Environmental Regulation. (The particulate variance for the Port 
Everglades and Turkey Point plants is disapproved.)
    (20) Limited variance from particulate, visible, and excess 
emissions limits granted to Florida Power and Light for Unit 4 of its 
Sanford station, submitted on February 4, 1980, by the Department of 
Environmental Regulation.
    (21) The implementation plan revision developed by the Florida DER 
for the Jacksonville and Tampa TSP secondary nonattainment areas under 
Part D of Title I of the CAA was submitted for EPA's approval on 
February 27, 1981. The control strategies, as approved and adopted for 
the local program agencies (the Duval County Bio-Environmental Services 
Division and the Hillsborough County Environmental Protection 
Commission) were submitted to EPA on March 16 and April 20, 1982, 
respectively.
    (22) Pursuant to section 127 of the Clean Air Act, the Florida 
Department of Environmental Regulation submitted on April 15, 1980 a 
revision to the SIP concerning provisions for public notification and 
awareness.
    (23) The air quality surveillance plan revision was submitted by the 
Florida Department of Environmental Regulation on December 11, 1979 and 
updates Florida's SIP to meet EPA requirements as set forth in 40 CFR 
part 58 (44 FR 27558, May 10, 1979).
    (24) Reformatting of the Rules and Regulations portion of the 
Florida State Implementation Plan, submitted on May 8, 1978, by the 
Florida Department of Environmental Regulation.
    (25) Revisions to the Sulfur Dioxide Emission Limiting Regulations 
applicable to specific Fossil Fuel Steam Generators, submitted on 
November 6, 1978, and February 3, 1979, by the Florida Department of 
Environmental Regulation.
    (26) Request for delegation of authority for PSD submitted on 
September 22, 1980, by the Department of Environmental Regulation.
    (27) Corrections in 1979 revisions for ozone nonattainment areas 
(Broward, Dade, Duval, Hillsborough, Orange, Palm Beach, and Pinellas 
Counties) submitted on May 28, 1980, by the Florida Department of 
Environmental Regulation to meet conditions of the conditional approval 
of March 18, 1980 (45 FR 17140).
    (28) Revised limits on visible emissions from new sulfuric and 
nitric acid plants and mass particulate emission limits new Portland 
cement plants, submitted on July 16, 1976, by the Department of 
Environmental Regulation.
    (29) Revised Opacity Limits for Monsanto Textile Co., Pensacola, 
Florida, submitted on December 19, 1979, by the Florida Department of 
Environmental Regulation.
    (30) Operating permit for Stauffer Chemical Company, submitted on 
August 4, 1980, by the Florida Department of Environmental Regulation, 
to satisfy a condition of the approval of the 1979 revisions for the 
Pinellas County SO2 nonattainment area.
    (31) Revised ambient CO and TSP standards applicable in Broward, 
Dade, and Palm Beach Counties, submitted on August 6, 1976, by the 
Florida Department of Environmental Regulation.
    (32) Set II VOC regulations, submitted on August 28, 1980, by the 
Florida Department of Environmental Regulation.
    (33) Amendments to Florida's continuous monitoring rule, submitted 
on January 27, 1978, by the Department of Environmental Regulation.

[[Page 237]]

    (34) Revisions in Sections 17-2.21 and 17-2.32 of the Florida 
Administrative Code, adopting, in part, Federal NSPS and NESHAPS 
regulations, submitted by the Florida Department of Environmental 
Regulation on August 28, 1980.
    (35) Revision of gasoline bulk plant rule, submitted on October 15, 
1980, by the Florida Department of Environmental Regulation.
    (36) Variance granted to Florida Power and Light Company for Unit 4 
of its Sanford station, submitted on August 11, 1981, by the Department 
of Environmental Regulation. This variance is applicable until July 1, 
1984, or until thirty months after EPAapproval, whichever, is later, for 
particulate, visible, and sulfur dioxide emissions.
    (37) RACT emission limits and bubble provision for General Portland 
Inc., Tampa (FAC 17-2.650(2)(c)1.c.), submitted by the Florida 
Department of Environmental Regulation on August 11, 1981.
    (38) Revocation of complex source rules, submitted on August 11, 
1981, by the Florida Department of Environmental Regulation.
    (39) Emission limits for sources burning carbonaceous fuel, 
submitted on May 22, 1974, and January 21, 1981, and reformatted on 
August 11, 1981, by the Florida Department of Environmental Regulation.
    (40) Amendments to upset, startup and malfunction rule, submitted on 
August 12, 1976; revisions to section 17-2.05(14) FAC (excess emissions) 
and 17-2.05(6) Table II, E., FAC, fossil fuel steam generators-visible 
emissions, submitted on October 19, 1979; revision describing compliance 
testing for amendments in section 17-2.05 (14) and (6), submitted on 
September 24, 1980, by the Department of Environmental Regulation.
    (41) Reformatting of the rules and regulations portion of the 
Florida State Implementation Plan, submitted on August 11, 1981, by the 
Florida Department of Environmental Regulation.
    (42) Revised open burning and frost protection rule and ambient lead 
standard, submitted on December 23, 1981, by the Florida Department of 
Environmental Regulation.
    (43) On July 14, 1980, the Florida Department of Environmental 
Regulation (FDER) submitted a revision pertaining to deletion of the 
regulation on existing petroleum refineries in nonattainment areas and 
adding test methods for gasoline truck tanks, vapor collection systems, 
volatile organic compound (VOC) content of coating materials and 
gasoline bulk terminals for sources located in ozone nonattainment 
areas. On May 30, 1980, FDER submitted a revision establishing 
incremental compliance dates for existing VOC sources and extending 
final compliance dates for certain gasoline service stations. On 
December 23, 1981, FDER submitted a revision establishing test methods 
for certain VOC sources, adopting three definitions used in the test 
methods, and exempting six VOCs.
    (44) Revised SO2 limits for the Gannon Station of Tampa 
Electric Company, submitted on December 3, 1980, and associated methods 
of coal sampling and analysis, submitted on February 16, 1982, by the 
Florida Department of Environmental Regulation.
    (45) Revision of the commencement date of the COM test burn period 
for Florida Power and Light Co.'s Sanford Plant, Unit 4, submitted on 
March 30, 1982, by the Florida Department of Environmental Regulation.
    (46) Miscellaneous regulation changes, submitted on August 11, 1981, 
by the Florida Department of Environmental Regulation.
    (47) Point source emission testing methods submitted on December 30, 
1980, and May 29, 1981, by the Florida Department of Environmental 
Regulation.
    (48) Revised ambient standards and episode alert level for ozone, 
submitted on April 26, 1982, by the Florida Department of Environmental 
Regulation.
    (49) Changes in Open Burning and Frost Protection Fire Rule, 
submitted on November 15, 1982, by the Florida Department of 
Environmental Regulation.
    (50) Miscellaneous amendents to Chapter 17-2, submitted on December 
23, 1982, by the Florida Department of Environmental Regulation.
    (51) Regulations for Prevention of Significant Deterioration, 
submitted

[[Page 238]]

on December 23, 1981, and December 23, 1982, by the Florida Department 
of Environmental Regulation. (No action is taken on the provisions for 
review involving vessel emissions or nonattainment areas.)
    (52) Amendments to Chapter 17-2.650(1)(a) and 17-2.650(2)(a) 
submitted on February 18, 1983, by the Florida Department of 
Environmental Regulation. The amendments require all new and modified 
sources of particulate and volatile organic compounds located in 
nonattainment areas or in areas of influence for particulate matter to 
utilize Reasonably Available Control Technology (RACT) if they are not 
subject to Lowest Achievable Emissions Rate (LAER) provisions.
    (53) Changes to Florida Administrative Code (FAC), Chapter 17-2, 
submitted on August 12, 1983, and June 13, 1984, by the Florida 
Department of Environmental Regulation (FDER).
    (i) Incorporation by reference--
    (A) August 12, 1983, letter and April 17, 1984, certification of 
Administrative Rules filed with the Department of State, from the 
Florida Department of Environmental Regulation.
    (B) Amendments to Florida Administrative Code Rules 17-2.100(132), 
17-2.300 (1) and (2), 17-2.400 (1) through (5), 17-2.500(2)(e)3, 17-
2.500(2)(e)4.c.(i), 17-2.500(4)(b), 17-2.650(1)(a). These revisions were 
adopted on July 1, 1983, by the State of Florida Department of 
Environmental Regulation.
    (C) Amendments to Florida Administrative Code Rules 17-2.410 (1) and 
(3), and 17-2.460, approved on April 17, 1984, by the State of Florida 
Department of Environmental Regulation.
    (ii) Additional material--none.
    (54) TSP variance for Jacksonville Kraft Paper Company, submitted on 
September 2, 1983, by the Florida Department of Environmental 
Regulation.
    (55) State implementation plan for lead, submitted by the Department 
of Environmental Regulation on September 17, 1984.
    (i) Incorporation by reference--
    (A) Amendments to Florida Administrative Code, Chapter 17.2-100, 
Definitions, and 17.2-500 and 510, Applicability (for New Source 
Review), adopted by the State on January 25, 1984, and September 17, 
1984 letter from the Florida Department of Environmental Regulation to 
EPA.
    (ii) Additional material--
    (A) Narrative submittal, including an attainment demonstration.
    (B) Emissions inventories for lead sources.
    (56) Amendments to the Florida Administrative Code (FAC) submitted 
by the Secretary of the Florida Department of Environmental Regulation 
(FDER) on May 30, 1985, which deals with source sampling.
    (i) Incorporation by reference.
    (A) Amendments to 17-2.700 FAC, which deals with source sampling 
procedures and conditions, adopted on April 3, 1985, by the FDER.
    (ii) Additional material.
    (A) None.
    (57) Changes to Florida Administrative Code (FAC) Chapter 17-2, 
submitted on May 31, 1985, by the Florida Department of Environmental 
Regulation (FDER).
    (i) Incorporation by reference.
    (A) May 31, 1985 letter from the Florida DER, and Amendments to FAC 
Chapters 17-2.100, 17-2.215, 17-2.540, 17-2.600, 17-2.700 and 17-2.753 
which were adopted by the FDER on April 11, 1985. Allow sulfur in the 
pelletized form to be shipped and handled in the State. Also establish 
new source review requirements, emission estimating procedures, emission 
limiting standards, and test procedures for elemental sulfur storage and 
handling facilities.
    (ii) Additional information.
    (A) None.
    (58) Visibility new source review regulations were submitted to EPA 
on September 23, 1985.
    (i) Incorporation by reference.
    (A) Letter of September 23, 1985, from the State of Florida 
Department of Environmental Regulation, and amendments to Rule 17-2.100 
FAC (Definitions), Rule 17-2.220 FAC (Public Notice and Comment), and 
Rule 17-2.500 FAC (Prevention of Significant Deterioration), adopted by 
the Florida Department of Environmental Regulation on July 25, 1985.
    (59) Post-1982 CO SIP revision for Dade County, submitted on 
September 19, 1986, by the Florida Department of Environmental 
Regulation.

[[Page 239]]

    (i) Incorporation by reference--none.
    (ii) Other material.
    (A) Narrative description of analysis performed for CO.
    (B) Analysis of East Flagler Street Carbon Monoxide Exceedances--
Downtown Miami.
    (C) Description of Methodologies to Assess Eight-Hour Nighttime 
Carbon Monoxide Exceedances.
    (D) Identification and Analysis of Potential Carbon Monoxide 
Hotspots in Dade County, Florida.
    (E) Analysis of Transportation Control Measures (TCMs), Dade County/
Miami.
    (60) Stack height regulations were submitted on July 1 and November 
19, 1986, by the Florida Department of Environmental Regulation.
    (i) Incorporation by reference.
    (A) Revised FAC 17-2.100(177), added FAC 17-2.100(178), added FAC 
17-2.500(5)(h)6., and added FAC 17-2.510(4)(f), adopted on May 8, 1986.
    (B) Revised FAC 17-2.100(61) and revised FAC 17-2.270, adopted on 
September 30, 1986.
    (ii) Other material--none.
    (61) [Reserved]
    (62) Consent Order was submitted by EPA on August 14, 1986, by the 
Florida Department of Environmental Regulation.
    (i) Incorporation by reference.
    (A) A Consent Order for Smart-Pak Industries was adopted by the 
Florida Department of Environmental Regulation on June 17, 1986.
    (ii) Additional material--none.
    (63) Florida plan for the protection of visibility in Federal Class 
I areas submitted to EPA on August 27, 1987, by the Florida Department 
of Environmental Regulation (FDER) to satisfy the Part 2 visibility 
requirements.
    (i) Incorporation by reference.
    (A) May 26, 1988, letter from the Florida Department of 
Environmental Regulation, and pages 20 and 21 of the Florida plan for 
the protection of visibility in Federal Class I areas containing the 
periodic review requirements satisfying 40 CFR 51.306(c), adopted by the 
Florida Department of Environmental Regulation on August 27, 1987.
    (ii) Additional material.
    (A) Narrative SIP titled ``The Florida Plan for the Protection of 
Visibility in Federal Class I Areas.''
    (64) [Reserved]
    (65) Changes to the Florida Administrative Code (FAC), Chapter 17-2, 
submitted to EPA on November 19, 1986, and June 12, 1987, by the Florida 
Department of Environmental Regulations.
    (i) Incorporation by reference.
    (A) November 19, 1986, and June 12, 1987, letters from the Florida 
Department of Environmental Regulation.
    (B) Amendments to Florida Administrative Code Rules 17-2.100(6), 
(21) and (118); 17-2.210 introductory text, (1) and (3)(r); 17-2.220(1), 
(2)(a)-(h); 17-2.300(3)(c)1. and (3)(c)2.; 17-2.310 introductory text; 
17-2.450(1)(a) and (2)(a);17-2.500(2)(e)4.a. (i) and (ii), (4)(a)1.a. 
and (4)(b)1.; 17-2.600(1)(d); and 17-2.700(2)(a)3.; Tables 500-1, 500-2, 
500-3, Table 700-1 and Table 700-2. These revisions were adopted on July 
1, 1983, and September 30, 1986, by the FloridaDepartment of 
Environmental Regulation.
    (ii) Additional material--none.
    (66) PM10 revisions for the Florida State Implementation FPlan 
were submitted on May 19, 1988 and July 18, 1989, by the Florida 
Department of Environmental Regulation. Miscellaneous corrective 
revisions were also submitted by the Florida Department of Environmental 
Regulation on July 18, 1989.
    (i) Incorporation by reference.
    (A) Revised regulations which became state-effective on May 30, 
1988:

    17-2.100--Definitions: (16)(a), (17), (61), (143), (173)(b), (202)
    17-2.300--Ambient Air Quality Standards: (3)(b)
    17-2.310--Maximum Allowable Increases (Prevention of Significant 
Deterioration Increments): (1)(a) and (2)(a)
    17-2.330--Air Alert: (1)(b) thru (f)
    17-2.340--Air Warning: (1)(b)
    17-2.350--Air Emergency: (1) Introductory paragraph, (1)(b) thru (e)
    17-2.400--Procedures for Designation and Redesignation of Areas: 
(1)(b)
    17-2.410--Designation of Areas Not Meeting Ambient Air Quality 
Standards (Nonattainment Areas): (2)(b), (3) thru (7)
    17-2.420--Designation of Areas Meeting Ambient Air Quality Standards 
(Attainment Areas): (2)

[[Page 240]]

    17-2.430--Designation of Areas Which Cannot Be Classified As 
Attainment or Nonattainment (Unclassifiable Areas): (1)
    17-2.450--Designation of Prevention of Significant Deterioration 
(PSD) Areas: (1) Introductory paragraph and subparagraph (a)
    17-2.460--Designation of Air Quality Maintenance Areas: (4)
    17-2.500--Prevention of Significant Deterioration: (2)(e)4.b., 
(4)(e)3., (5)(f)3, Table 500-2 and Table 500-3
    17-2.600--Specific Source Emission Limiting Standards: (11)(a)3., 
7., 9., (11)(b)3.a., (11)(b)5.

    (B) Revised regulations which became state-effective on July 9, 
1989:

    17-2.100--Definitions: (37) and (145)
    17-2.210--Permits Required: (1) and (3)
    17-2.260--Air Quality Models
    17-2.300--Ambient Air Quality Standards: (2)
    17-2.340--Air Warning: (1)(c)
    17-2.410--Designation of Areas Not Meeting Ambient Air Quality 
Standards (Nonattainment Areas): (1) and (2)(a)
    17-2.420--Designation of Areas Meeting Ambient Air Quality Standards 
(Attainment Areas): (3) thru (5)
    17-2.430--Designation of Areas Which Cannot Be Classified As 
Attainment or Nonattainment (Unclassifiable Areas): (2) Introductory 
Paragraph
    17-2.460--Designation of Air Quality Maintenance Areas: (1) and (2)
    17-2.500--Prevention of Significant Deterioration: (1)(a)--(c)
    17-2.520--Sources Not Subject to Prevention of Significant 
Deterioration or Nonattainment Requirements.: Title
    17-2.540--Source Specific New Source Review Requirements: (2)(a)
    17-2.600--Specific Emission Limiting and Performance Standards: 
Title, Introductory paragraph, (1)(a)1., (2)(a)2.a.; (2)(b)1.; (4)(b)2.; 
(5)(a)1., 2., 3a.(i), and 4. Introductory paragraph; (5)(b); (6); 
(12)(a)1.; (12)(a)7.; (12)(b); (12)(c) Introductory paragraph; 
(12)(c)4., (13); and (14)
    17-2.610--General Particulate Emission Limiting Standards: Table 
610-1 and (3)(c)7.
    17-2.650--Reasonably Available Control Technology (RACT): 
(1)(c)3.a.(ii) and (iii); (1)(f) introductory paragraph; (1)(f)10.c.(i) 
and (iv); (2)(a)1., (b), (c) Introductory paragraph, (c)1.b. and c., 
(c)2.b.(ii), (c)3.b.(ii), (c)4.b, (c)5.a. Introductory paragraph, 
(c)5.a.iv. and v., (c)5.b.(i)-(iv), (c)6.b.(i) and (iii), (c)7.b.(i) and 
(ii), (c)8. thru 10., (c)11.a. Introductory paragraph, (c)11.a.(vi), 
(c)11.b., and (c)12.; (2)(d)2.a., b. and c.
    17-2.660--Standard of Performances for New Stationary Sources 
(NSPS): (2)(b)
    17-2.700--Stationary Point Source Emissions Test Procedures: (1)(b) 
Introductory paragraph; (1)(d)1.b.(i), (2)(a)2., (2)(a)4. thru 9.; Table 
700-1; (4)(c)1.c.(i) and (ii); (6)(a)1.a., (b)1., (b)2.a. and b., 
(b)3.a. and b., (b)5., (b)6.a. thru c.,(b)7.b. thru e., (b)10., (b)(12), 
(b)16.b. and c., (b)18 thru 22, (b)24. thru 31., and (c)6.d.
    17-2.710--Continuous Monitoring Requirements: (1)(a)2.
    17-2.960--Compliance Schedules for Specific Source Emission Limiting 
Standards: (1)(c) and (d) Introductory paragraph; (1)(e).

    (ii) Additional material.
    (A) Letter of May 19, 1988, from the Florida Department of 
Environmental Regulation (FDER) submitting the SIP revisions.
    (B) Letter of July 18, 1989, from the FDER submitting additional SIP 
revisions.
    (67) [Reserved]
    (68) Revisions which were submitted on August 16 and November 8, 
1989, concerning Biological Waste Incinerators
    (i) Incorporation by reference. (A) Revisions to Florida 
Administrative Code, Chapter 17-2 which became state effective on August 
30, 1989.

    17-2.100  Definitions; 27, 28, 181, and 182
    17.2.600  Specific Source Emission Limiting Standards: (1)(a)1., 
(1)(b) Introductory paragraph, (1)(c) Introductory paragraph, (1)(d)
    17.2.700  Stationary Point Source Emissions Test Procedures:
    Table 700-1: 17-2.600(1)(a)-(e)
    17.2.710  Continuous Monitoring Requirements: paragraph (5)

    (B) Revisions to Florida Administrative Code, chapter 17-2 which 
became state effective on November 9, 1989.

    17-2.100  Definitions: 26 and 175

    (ii) Additional material. (A) Letter of August 16, 1989, from the 
Florida Department of Environmental Regulation submitting the SIP 
revision.
    (B) Letter of November 8, 1989, from the Florida Department of 
Environmental Regulation submitting the amendments to the August 16, 
1989, submittal.
    (69) Vehicle Anti-tampering and visible emissions regulations 
(Chapter 17-243 and Chapter 17-244 of the Florida Administrative Code 
respectively) which were submitted to EPA on March 20, 1990, and 
revisions to Chapter 17-243 submitted on June 18, 1990.
    (i) Incorporation by reference.
    (A) New Florida Administrative Code (FAC) regulations 17-243 
(Tampering with Motor Vehicle Pollution Control

[[Page 241]]

Equipment) and 17-244 (Visible Emissions from Motor Vehicles) which 
became state effective on February 21, 1990.
    (B) Revisions to FAC Chapter 17-243 (Tampering with Motor Vehicle 
Air Pollution Control Equipment) which became state effective May 29, 
1990.
    (ii) Other material.
    (A) March 20, 1990, and June 18, 1990, letters from the Florida 
Department of Environmental Regulation.
    (70) Revisions to chaper 17-2 of the Florida Administrative Code 
which were submitted on July 12, 1990.
    (i) Incorporation by reference.
    (A) Amendments to the following rules of F.A.C. which become 
effective on July 13, 1990:

17-2.100 (21), (22), (119) and (126);
17-2.310 (preamble), (1)(c), (2)(c), and (3)(c);
17-2.450 (1)(a), (2)(a), and (3); and
17-2.500 (2)(e)4.b., (3)(f)3., 4(a)3., 4(b)1. thru 3.a.
introductory paragraph, 4(b)3.b. thru d., 4(b)3.e. introductory 
paragraph and 4(b)3.e.(ii).

    (ii) Other material.
    (A) Letter of July 12, 1990, from the Florida Department of 
Environmental Regulation.
    (B) Minimum program elements.
    (71) The Florida Department of Environmental Regulation submitted an 
Order authorizing research and testing by the Florida Power & Light 
Company and the operating permit for the Orimulsion Fuel Test Burn at 
the Sanford Power Plant Unit No. 4 to EPA on October 11, 1990.
    (i) Incorporation by reference. (A) Florida Department of 
Environmental Regulation Order authorizing research and testing by the 
Florida Power & Light Company adopted on October 4, 1990.
    (B) Florida Power & Light operating permit number AC 64-180842, PSD-
FL-150 which becomes State-effective on January 7, 1991.
    (ii) Other materials. (A) Letter of October 11, 1990, from the 
Florida Department of Environmental Regulation.
    (72) Revisions to Chapter 17-2 of the Florida Administrative Code 
which were submitted on August 16, 1989, and August 27, 1990.
    (i) Incorporation by reference.
    (A) Amendments to FAC 17-2.100(41), (153) and (217); 17-2.510(2)(a) 
introductory paragraph, 17-2.650(1)(a), (1)(b) title, (1)(b)2., (1)(c)1, 
(1)(d), (1)(e), (1)(f) introductory paragraph, (1)(f)2.a., (1)(f)3.a., 
(1)(f)5.b., (1)(f)6.a.(i), and (1)(f)14.a.(iii); which became State 
effective on August 30, 1989.
    (B) Amendments to FAC 17-2.100(220); 17-2.650(1)(b)2, (1)(d), 
(1)(e), (1)(f)4.a., and (1)(f)16.a.; 17-2.700 TABLE 700-1; and 17-2.965, 
which became State effective on September 13, 1990.
    (ii) Other material--None.
    (73) Regulations for a centralized vehicle Inspection/Maintenance 
(I/M) program. These revisions were submitted by the State of Florida, 
through the Florida Department of Environmental Regulation (FDER) on 
March 20, 1989.
    (i) Incorporated by reference.
    (A) Florida Administrative Code, Chapter 17-242, Mobile Source--
Vehicle Emission Standards and Test Procedures Rule which were adopted 
on January 31, 1989.
    (ii) Other material.
    (A) Letter of March 20, 1989, from the Florida Department of 
Regulation (FDER).
    (74) Vehicle Anti-tampering revisions (Chapter 17-243 of the Florida 
Administrative Code) which were submitted to EPA on January 24, 1991.
    (i) Incorporation by reference.
    (A) Revisions to FAC Chapter 17-243 (Tampering with Motor Vehicle 
Air Pollution Control Equipment) which became state effective January 2, 
1991, as follows:

17-243.200--Definitions: (1); (2) Introductory Paragraph and (a); and 
(3) Introductory paragraph
17-243.300--Exemptions: (2); (3) Introductory paragraph and (b); (4) 
Introductory paragraph, (b), (c) and (d)
17-243.400--Prohibitions
17-243.500--Certification: (1)(a) thru (d)
17-243.600--Enforcement: (2); (3) Introductory paragraph and (b), (4); 
(6); and (7)

    (ii) Other material.
    (A) Letter dated January 24, 1991, from the Florida Department of 
Environmental Regulation.
    (75) Revisions to F.A.C. Chapter 17-242 (Motor Vehicle Emission 
Standards and Testing Procedures) which were submitted to EPA on March 
25, 1991.

[[Page 242]]

    (i) Incorporation by reference.

    (A) Revision to F.A.C. 17-242 (Motor Vehicle Emission Standards and 
Testing Procedures) which were adopted March 1, 1991.

    Revision to F.A.C. Chapter 17-242 as follows:

17-242.100; and
17-242.200 (1), (6), (9), (11), (12), (15), (18), (26), (29) and (30); 
          and
17-242.300; and
17-242.400; and
17-242.500; and
17-242.600 (1-3(a)(3)), 3(a)(6-10), 5(a-f), 5(h), 6 and
17-242.700; and
17-242.800; and
17-242.900 (1), (2)(a), (2)(b), (2)(d) through (2)(g), (3), (4) and (5)

    (ii) Other material.
    (A) Letter of March 25, 1991, from the Florida Department of 
Environmental Regulation.
    (76) The Florida Department of Environmental Regulation submitted 
revisions to chapter 17-2 of the Florida Administrative Code which were 
submitted on January 14, 1992. These revisions incorporate Capture 
Efficiency Test Procedures for Volatile Organic Compound sources into 
the Florida Administrative Code.
    (i) Incorporation by reference.
    (A) Florida Administrative Code (FAC) 17-2.100 (32), (37), (38), 
(39), (40), (60), (61), (68), (95), (101), (117), (155), (163), (180), 
(218), (237), effective December 31, 1991.
    (B) FAC 17-2.650(1)(f) Introductory paragraph, 1., 2., 3., 4., 5., 
6., 7., 12., 14., 15., and 16., effective December 31, 1991.
    (C) FAC 17-2.700(6)(c)7, effective December 31, 1991.
    (D) FAC 17-2.700(7), effective December 31, 1991.
    (ii) Other material--None.
    (77)  [Reserved]
    (78) State Implementation Plan for chapters 17-296, and 17-297, Soil 
Thermal Treatment and Recodification of the Florida Administrative Code, 
chapter 17-2, Air Pollution, submitted by the Department of 
Environmental Regulation on November 23, 1992, and January 11, 1993, 
respectively.
    (i) Incorporation by reference.
    (A) The following chapters of the Florida Administrative Code, 
effective October 15, 1992:
    (1) 17-209, Local Air Pollution Programs,
    (2) 17-210, Stationary Sources General Requirements,
    (3) 17-212, Preconstruction Review,
    (4) 17-252, Gasoline Vapor Control,
    (5) 17-272, Ambient Air Quality Standards,
    (6) 17-273, Air Pollution Episodes,
    (7) 17-275, Air Quality Areas,
    (8) 17-296, Stationary Sources--Emission Standards,
    (9) 17-297, Stationary Sources--Emission Monitoring.
    (B) Revisions to the following Florida Administrative Code: Chapters 
17-296.200(162), 17-296.415, table 297.330-1: entry 17-296.415, 17-
297.500(6), Soil Thermal Treatment, effective November 17, 1992.
    (ii) Other material. None.
    (79) Revisions to the F.A.C. Chapter 17-252 which were submitted by 
the Florida Department of Environmental Protection on January 8, 1993. 
The submittal revised the regulations for vapor recovery.
    (i) Incorporation by reference.
    (A) Revision to F.A.C. 17-252 which was effective on February 2, 
1993: 17-252.100; 17-252.200(2-12); 17-252.300; 17-252.400; 17-252.500; 
17-252.800; 17-252.900
    (ii) Other material.
    (A) Letter of January 8, 1993, from the Florida Department of 
Environmental Regulation.
    (80) The Florida Department of Environmental Regulation has 
submitted revisions to chapter 403.0852 of the Florida Statutes on 
February 24, 1993. These revisions address the requirements of section 
507 of title V of the CAA and establish the Small Business Stationary 
Source Technical and Environmental Assistance Program (PROGRAM).
    (i) Incorporation by reference. Florida Statutes 403.031(20), 
403.0852 (1), (2), (3), (4), 403.0872(10)(b), 403.0873, 403.8051, 
effective on April 28, 1992.
    (ii) Other material. None.
    (81) The maintenance plan for Duval County submitted by the Florida 
Department of Environmental Protection on June 23, 1993, as part of the 
Florida SIP.
    (i) Incorporation by reference.
    (A) Duval County Ozone Ten Year Maintenance Plan including Emissions 
Inventory Summary and Projections effective on August 23, 1994.

[[Page 243]]

    (ii) Other material. None.
    (82) Revisions to chapter 17-296 and 17-297 of the Florida 
Administrative Code (FAC) regarding animal crematories and human 
crematories submitted on October 8, 1992, and December 9, 1993, 
respectively.
    (i) Incorporation by reference.
    (A) Amendments to FAC 17-2.600(d) and 17-2.700 and Table 700-1, 
adopted September 24, 1992.
    (B) Amendments to FAC 17-296.200(84), 17-296.401(5), 17-297.330, 
Table 17-297.330-1 and 17-297.500(7), adopted November 12, 1992.
    (ii) Additional information. None.
    (83) Revisions to Chapter 17-296 of the Florida Administrative Code 
(FAC) regarding Stationary Sources submitted on July 2, 1993.
    (i) Incorporation by reference.
    (A) Amendments to FAC 17-296.405 and 17-296.406, adopted June 9, 
1993.
    (84) Revisions to Florida Administrative Code Chapters 1709242 and 
1709275 which were effective February 2, 1993.
    (i) Incorporation by reference.
    (A) Revisions to Florida Administrative Code 1709242 and 1709275 
which were effective February 2, 1993.17.242.200(2), (16), (22), 
(250926), (29), (31); 17.242.400(2093), (4)(a), (4)(b), (5) introductory 
text and (5)(a);1709242.500(1)(a-b), (3)(b)1.; 1709242.600(2), (3) 
introductory text, (3)(a)1., (3)(a)7., (3)(c), (5)(d); 1709242.700 (4) 
introductory text, (4)(a), (4)(c-d), (5); 1709242.800(1), 
1709242.900(1)(b), (2), (3)(c), (4); 1709275.100; 1709275.200 
introductory text, (15), (170918); 275.300(1)(c), (3) introductory 
text,(3)(a), (3)(b)introductory text, (3) introductory text, (3)(b) 
introductory text, (3)(b)2. introductory text, (3)(b)2.b.-c., (3)(b)3. 
introductory text, (3)(b)3.a.; 17.275.400(2095); 1709275.410(1093),(6); 
1709275.420(1);1709275.600(1),(2) introductory text, (2)(b-c)
    (ii) Other material. None.
    (85) Revisions to the State of Florida State Implementation Plan 
(SIP) concerning emission statements were submitted on January 12, 1993 
by the Florida Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Revisions to the following Florida Regulations were effective 
February 9, 1993. F.A.C. 17-210.100; 17-210.200(47), (49), (52) and 
(64); 17-210.370; and 17-210.900.
    (ii) Other material. None.
    (86) The maintenance plan for Southeast Florida submitted by the 
Florida Department of Environmental Protection on November 8, 1993, as 
part of the Florida SIP.
    (i) Incorporation by reference.
    (A) Southeast Florida Ozone Ten Year Maintenance Plan including 
Emissions Inventory Summary and Projections effective on November 8, 
1993.
    (ii) Other material. None.
    (87) Revisions to chapter 17-256 of the Florida Administrative Code 
(FAC) regarding Open Burning submitted on July 9, 1991.
    (i) Incorporation by reference. Amendments to FAC 17-256.450, 
effective June 27, 1991.
    (ii) Other material. None.
    (88) Revisions to the F.A.C. Chapters 17-212 and 17-296 which were 
effective February 2, 1993
    (i) Incorporation by reference.
    (A) Revision to F.A.C. 17-212, and 17-296 which were effective on : 
February 2, 1993. 17-212.100; 17-212.200 introductory paragraph, 
(5),(12),(57),(63)(e),(64),(75); 17-212.400 introductory paragraph,(2) 
introductory paragraph, (2)(f)3; 17-212.500(2)(a), (2)(a) introductory 
paragrpah, 2(a)2. introductory paragraph, 2(a)2.a., (2)(a)2.e.4.,(4)(b), 
(4)(c),(4)(d)1., (4)(d)2.a.-c., (4)(g), (5)(a), (5)(b)2.,4.-7.. 9.;17-
296.200(13), (50), (198); 17.500 introductory paragraph,(1); 17-
296.570(3).
    (B) Revision to F.A.C. 17-296 which became effective on April 17, 
1994. 17-296.500(1)(b), (2)(a)(1), (2)(b)(1), (2)(c), (6); 17-296.570(1-
2), (4).
    (ii) Other material.
    (A) Letters of January 8, 1993 and April 25, 1994, from the Florida 
Department of Environmental Protection.
    (89) The maintenance plan for Tampa, Florida, submitted by the 
Florida Department of Environmental Protection on February 7, 1995.
    (i) Incorporation by reference. Tampa Redesignation Request and 
Attainment/Maintenance Plan for the Tampa Bay Florida Ozone 
Nonattainment Area including Emissions Inventory Summary and Projections 
adopted on November 16, 1994.

[[Page 244]]

    (ii) Other material. None.
    (90) Revisions to Chapter 62-210, Stationary Sources--General 
Requirements, submitted by the Florida Department of Environmental 
Protection on December 21, 1994 and April 24, 1995.
    (i) Incorporation by reference.
    (A) Revised Sections 62-210.300, ``Permits Required'', except 62-
210.300(2)(b)1., and 62-210.350, ``Public Notice and Comment'', 
effective November 23, 1994. Revised Section 62-210.300(2)(b)1., 
effective April 18, 1995.
    (91)  [Reserved]
    (92) The Florida Department of Environmental Protection has 
submitted revisions to the Florida State Implementation Plan on August 
12, 1994. These revisions address including the Small Business 
Stationary Source Technical and Environmental Program in the Florida 
Administrative Code, Chapter 17-202.
    (i) Incorporation by reference.
    (A) Chapter 17-202, Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program adopted on June 30, 1994.
    (ii) Additional material. None.
    (93)  [Reserved]
    (94) Revisions to the Florida SIP regarding perchloroethylene dry 
cleaning facilities submitted on April 24, 1995.
    (i) Incorporation by reference.
    Sections 62-210.200(17) and (48)(c); 62-210.300(2)(b) and (4); 62-
296.200(58); and 62-296.412 of the F.A.C., effective April 18, 1995.
    (ii) Other material. None.

[37 FR 10858, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.520, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.521   Classification of regions.

    The Florida 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)
----------------------------------------------------------------------------------------------------------------
Mobile (Alabama)-Pensacola-Panama City (Florida)-                                                               
 Southern Mississippi Interstate.....................           I          I       III       III             I  
Jacksonville (Florida)-Brunswick (Georgia) Interstate           I         II       III       III             I  
West Central Florida Intrastate......................           I          I       III       III           III  
Central Florida Intrastate...........................          II        III       III       III           III  
Southwest Florida Intrastate.........................         III        III       III       III           III  
Southeast Florida Intrastate.........................          II        III       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10858, May 31, 1972, as amended 39 FR 16346, May 8, 1974]



Sec. 52.522  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Florida's plans for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds the plans satisfy all requirements of Part D, 
Title I, of the Clean Air Act as amended in 1977, except as noted below. 
In addition, continued satisfaction of the requirements of Part D, for 
the ozone portion of the SIP depends on the adoption and submittal of 
RACT requirements by July 1, 1980 for those sources covered by CTGs 
issued between January 1978 and January 1979 and adoption and submittal 
by each subsequent January of additional RACT requirements for sources 
covered by CTGs issued by the previous January.

[45 FR 17143, Mar. 18, 1980]

Sec. 52.523  [Reserved]



Sec. 52.524  Compliance schedules.

    (a) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.

[[Page 245]]

    (b) Federal compliance schedules. (1) Except as provided in 
paragraph (b)(6) of this section, the owner or operator of any 
stationary source subject to the following emission limiting regulations 
in the Florida implementation plan shall comply with the compliance 
schedule in paragraph (b)(2) of this section, Rules of the State of 
Florida, Department of Pollution Control, Air Pollution, subsections 17-
2.04(2); 17-2.04(3); 17-2.04(6)(a); 17-2.04(6)(b); 17-2.04(6)(d); 17-
2.04(6) (e)2.a; 17-2.04(6)(e)3.b; 17-2.04(6)(f); and 17-2.04(6)(h).
    (2) Compliance schedule. (i) November 1, 1973--Submit to the 
Administrator a final control plan, which describes at a minimum the 
steps which will be taken by the source to achieve compliance with the 
applicable regulations.
    (ii) January 1, 1974--Negotiate and sign all necessary contracts for 
emission control systems or process modifications, or issue orders for 
the purchase of component parts to accomplish emission control or 
process modification.
    (iii) February 1, 1974--Initiate onsite construction or installation 
of emission control equipment or process modification.
    (iv) May 1, 1975--Complete onsite construction or installation of 
emission control equipment or process modification.
    (v) July 1, 1975--Achieve compliance with the applicable 
regulations, and certify such compliance to the Administrator.
    (vi) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
July 1, 1975. Ten days prior to such a test, notice must be given to the 
Administrator to afford him the opportunity to have an observer present.
    (vii) Five days after the deadline for completing paragraphs (b)(2) 
(ii) through (iv) in this section, certify to the Administrator whether 
the increment has been met.
    (3) Except as provided in paragraph (b)(6) of this section, the 
owner or operator of any boiler or furnace of more than 250 million Btu 
per hour heat input subject to the requirements of Rules of the State of 
Florida, Department of Pollution Control, Air Pollution, subsections 17-
2.04(6)(e)2. c. and d. contained as part of the Florida Implementation 
Plan shall notify the Administrator, no later than October 1, 1973, of 
his intent to utilize either low-sulfur fuel or stack gas 
desulfurization to meet these requirements.
    (4) Any owner or operator of a stationary source subject to 
paragraph (b)(3) of this section who elects to utilize low-sulfur fuel 
shall be subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with the applicable regulation on July 1, 1975, and 
for at least one year thereafter.
    (ii) December 31, 1973--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (iii) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (iv) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (v) June 15, 1974--Initiate onsite modifications, if applicable.
    (vi) March 31, 1975--Complete onsite modifications, if applicable.
    (vii) July 1, 1975--Achieve compliance with the requirements of 
Florida Air Pollution Rules subsections 17-2.04(6)(e)2. c. and d. and 
certify such compliance to the Administrator.
    (viii) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
July 1, 1975. Ten days prior to such a test, notice must be given to the 
Administrator to afford him the opportunity to have an observer present.
    (ix) Five days after the deadline for completing paragraphs (b)(4) 
(ii) through (vi) of this section, certify to the Administrator whether 
the increment has been met.
    (5) Any owner or operator subject to paragraph (b)(3) of this 
section, who elects to utilze stack gas desulfurization shall be subject 
to the compliance schedule in paragraph (b)(2) of this section.

[[Page 246]]

    (6) (i) None of the above paragraphs shall apply to a source which 
is presently in compliance with applicable regulations and which has 
certified such compliance to the Administrator by October 1, 1973. The 
Administrator may request whatever supporting information he considers 
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date on the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (7) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (b) (2) or (4) of this section 
fails to satisfy the requirements of Secs. 51.261 and 51.262(a) of this 
chapter.

[38 FR 16145, June 20, 1973, as amended at 38 FR 22740, Aug. 23, 1973; 
38 FR 24333, 24342, Sept. 7, 1973; 38 FR 26325, Sept. 19, 1973; 40 FR 
11724, 11725, Mar. 13, 1975; 51 FR 40676, 40677, Nov. 7, 1986; 54 FR 
25258, June 14, 1989]



Sec. 52.525   General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the legal authority to provide for public availability of emission 
data is inadequate.
    (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 34536, Sept. 26, 1974, as amended at 40 FR 55328, Nov. 28, 1975; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.526   Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met, 
since section 403.111 of the Florida Statutes could, in some 
circumstances, prohibit the disclosure of emission data to the public.

[[Page 247]]

Therefore, section 403.111 is disapproved.

[39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.527  Control strategy: General.

    (a) Since the testing and research rule (FAC 17-1.585) submitted by 
the Florida Department of Environmental Regulation on April 7, 1980, as 
a revision of the plan does not meet the requirements of Section 110 of 
the Clean Air Act and the requirements of section 51.8 of this chapter, 
it is disapproved, and is not part of the plan.
    (b) [Reserved]

[48 FR 52303, Nov. 17, 1983]



Sec. 52.528  Control strategy: Sulfur oxides and particulate matter.

    (a) In a letter dated October 10, 1986, the Florida Department of 
Environmental Regulation certified that no emission limits in the 
State's plan are based on dispersion techniques not permitted by EPA's 
stack height rules.
    (b) The variance granted to the Turkey Point and Port Everglades 
plants of Florida Power and Light Company from the particulate emission 
limits of the plan is disapproved because the relaxed limits would cause 
violation of the Class I increment for sulfur dioxide in the Everglades 
National Park. These plants must meet the 0.1/MMBTU particulate limit 
of the plan.

[48 FR 33868, July 26, 1983, as amended at 54 FR 25455, June 15, 1989]

Sec. 52.529  [Reserved]



Sec. 52.530  Significant deterioration of air quality.

    (a) EPA approves the Florida Prevention of Significant Deterioration 
(PSD) rule on condition that the State submit to EPA by December 14, 
1983, a demonstration that its method of calculating increment 
consumption is consistent with Federal law and regulations. After 
receipt of the submittal and consideration of additional comments, EPA 
will, if it finds the State's method to be consistent, fully approve the 
Florida plan. If not, the State will change its regulation to implement 
EPA's approach.
    (b) Pending final full approval of the State's PSD plan by EPA, if a 
source's application can be approved under Florida's rules, but not 
under EPA's rules, solely because of the different methods of 
calculating increment consumption, the source must obtain a PSD permit 
from EPA before beginning construction.
    (c) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located in the State of Florida 
shall be submitted to the Florida Department of Environmental 
Regulation, Bureau of Air Quality Management, Twin Towers Office 
Building, 2600 Blair Stone Road, Tallahassee, Florida 32301.
    (d) The requirements of sections 160 through 165 of the CAA are not 
met since the Florida plan, as submitted, does not apply to certain 
sources. Therefore, the provisions of Sec. 52.21(b) through (w) are 
hereby incorporated by reference and made a part of the Florida plan 
for:
    (1) Sources proposing to locate on Indian reservations in Florida; 
and
    (2) Permits issued by EPA prior to approval of the Florida PSD rule.

[45 FR 52741, Aug. 7, 1980, as amended at 46 FR 17020, Mar. 17, 1981; 48 
FR 52716, Nov. 22, 1983]



Sec. 52.532  Extensions.

    (a) The Administrator hereby extends for 18 months (until July 1, 
1980) the statutory timetable for submittal of Florida's plans to attain 
and maintain the secondary ambient standard for particulate matter in 
the Jacksonville and Tampa nonattainment areas (40 CFR 81.310).

[45 FR 2033, Jan. 10, 1980; 45 FR 28112, Apr. 28, 1980]



Sec. 52.533  Source surveillance.

    The plan lacks test methods for several source categories. As 
required by Sec. 52.12(c)(1) of this part, EPA test methods (found at 40 
CFR part 60) will be used by EPA to determine compliance with the 
following emission limiting standards:
    (a) Particulate emissions from citrus plants controlled by a 
scrubber and subject to the process weight table

[[Page 248]]

(submitted as 17-2.05(2) and reformatted as 17-2.610(1)1.a).
    (b) TRS emissions from recovery furnaces at kraft pulp mills 
(submitted as 17-2.05(6)D and reformatted as 17-2.600(4)1).
    (c) Sulfur dioxide emissions from fossil fuel steam sources 
(submitted as 17-2.05(6)E and reformatted as 17-2.600 (5) and (6)).
    (d) Emissions from portland cement plants (submitted as 17-2.05(6)F 
and reformatted as 17-2.600(7)).
    (e) Particulate and visible emissions from carbonaceous fuel burning 
equipment (submitted as 17-2.05(6)I and reformatted as 17-2.600(10)).

[47 FR 32116, July 26, 1982]



Sec. 52.534  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met because the plan does not include approvable procedures meeting the 
requirements of 40 CFR 51.305 and 51.307 for protection of visibility in 
mandatory Class I Federal areas.
    (b) Regulations for visibility new source review. The provisions of 
Sec. 52.28 are hereby incorporated and made part of the applicable plan 
for the State of Florida.

[51 FR 5505, Feb. 13, 1986]



Sec. 52.535  Rules and regulations.

    (a) The regulatory portion of the lead implementation plan submitted 
on September 17, 1984, is disapproved because the laws or regulations 
needed to implement specific measures necessary to assure attainment and 
maintenance of the NAAQS for lead were not included.
    (b) The following requirements shall apply to all the facilities 
listed in paragraph (c) of this section:
    (1) The facilities listed in paragraph (c) of this section shall 
conduct an initial test on all sources of lead emissions specified for 
each facility within 120 days of promulgation of this regulation, unless 
such sources have been tested within the previous 12 months, and the 
results submitted to EPA, Region IV, within 30 days after promulgation, 
and approved. Such test shall demonstrate compliance with the specified 
emission limit for each source. Source test methods and analytical 
procedures used shall be in accordance with provisions of part 60, 
Appendix A, Method 9 and 12. For source testing, a plan of testing 
including the date(s) the tests will be performed, a description of the 
test equipment and procedures to be used and the sampling locations with 
appropriate dimensions, showing upstream and downstream gas flow 
disturbances, shall be submitted to the EPA Region IV Administrator 
thirty (30) days prior to the initial test. Results of all source 
testing and compliance determinations shall be submitted to the Region 
IV Administrator within thirty (30) days after completion of the test. 
After completion of the initial performance test required above, the 
facilities shall conduct annual stack tests for all sources with a 
specified emission limit.
    (2) Non-process fugitive emissions, (i.e., road dust, stock piles, 
plant grounds, etc.) shall be minimized. Minimization efforts shall 
include such fugitive dust suppression activities as: chemical 
stabilization, water spraying with appropriate runoff collection, 
resurfacing, sweeping, revegetation, and other EPA approved methods. 
Minimization efforts shall be monitored by EPA via site inspections and 
review of records and logs of fugitive dust suppression efforts.
    (3) Upon submittal and approval by EPA, the Agency will accept an 
alternative method to demonstrate compliance with the specified emission 
limit. A submittal for an alternative compliance method must provide an 
exclusive means (i.e., mathematical relationship with established 
parameter(s)) to determine compliance with the applicable emission 
limit. Until an alternative compliance method request is approved by 
EPA, the initial and annual test requirements will remain in effect.
    (4) The owner(s) or operator(s) shall maintain continuous records of 
plant process and emission control operations as necessary to determine 
continuous compliance. Such records shall include reports of all process 
operations and control equipment operating parameters. Such records 
shall also include reports of all types of process upsets and emission 
control equipment

[[Page 249]]

malfunction, detailing the nature and duration of the upset or 
malfunction, the expected effects on emissions, and the corrective 
actions taken or planned to avoid recurrences. Such records shall be 
available at the plant site for inspections by the Region IV 
Administrator of EPA for a period of at least two (2) years.
    (5) Source tests shall be performed in accordance with EPA Reference 
Methods 1 through 4, 9, and 12 (40 CFR part 60, Appendix A). In the case 
of Method 9, Section 2.5 shall be excluded.
    (6) All emissions testing shall be performed at the maximum 
production rate, or other production rate or operating conditions, which 
would result in the highest lead emissions.
    (c) The following requirements are promulgated as applicable to the 
indicated stationary sources of lead:
    (1) Gulf Coast Lead, 1901 North 66th Street, Tampa, FL. Secondary 
Lead Smelter Operation.
    (i) All emission points shall be limited to the following levels:

------------------------------------------------------------------------
                                                                  Lead  
                                                                emission
                          Source name                           rate lb/
                                                                   hr   
------------------------------------------------------------------------
Blast & Slag Furnaces.........................................     1.810
Blast & Slag Furnaces Slag & Product Tapping..................     0.060
Blast Furnace Charging........................................     0.220
50-ton Melt Kettles (3 total).................................     0.400
20-ton Keel Cast Kettle.......................................     0.080
                                                                        
                                                               ---------
      Total...................................................     2.570
------------------------------------------------------------------------

    (ii) Visible emissions from the closed charge doors on the blast 
furnace and the refining kettle shall not exceed 5 percent opacity 
during furnace operation.
    (iii) Visible emissions from the charge doors on the blast furnace 
shall not exceed 10 percent opacity during charging operations.
    (iv) Visible emissions from all other sources shall not exceed 5 
percent opacity.
    (v) No more than one blast furnace shall operate at a time.
    (vi) No more than two 50-ton melt kettles shall be operated at a 
time.
    (2) Johnson Controls, Globe Battery Division, 10215 North 30th 
Street, Tampa, FL. Lead--Acid Battery Manufacturing Plant
    (i) All emission points shall be limited to the following levels:

------------------------------------------------------------------------
                                                                 Lead   
                                                               emission 
                         Source name                          rates--lb/
                                                                  hr    
------------------------------------------------------------------------
OSI Drying Oven--A..........................................      0.008 
OSI Drying Oven--B..........................................      0.008 
Hofman VAC System...........................................      0.030 
Remelt Rotoclone............................................      0.020 
Paste Mixing Rotoclone......................................      0.008 
Wirtz Caster 1.............................................      0.015 
Wirtz Caster 2.............................................      0.015 
Wirtz Caster 3.............................................      0.015 
Wirtz Caster 4.............................................      0.015 
Wirtz Caster 5.............................................      0.006 
Mark V Cast on Strapline....................................      0.118 
Cast on Strapline 1 & 2.....................................      0.100 
Cast on Strapline 3........................................      0.050 
Paste Mixing--dry...........................................      0.040 
Mill Bearing................................................      0.006 
PbO Storage.................................................      0.010 
                                                                        
                                                             -----------
      Total.................................................      0.464 
------------------------------------------------------------------------

    (ii) Visible emissions from all emission points shall not exceed 5 
percent opacity during operation.
    (3) [Reserved]
    (4) Chloride Metals, US. 41/Raleigh Street, Tampa, FL. Secondary 
Lead Smelter Operation
    (i) All emission points shall be limited to the following levels:

------------------------------------------------------------------------
                                                                 Lead   
                                                               emission 
                         Source name                          rates--lb/
                                                                  hr    
------------------------------------------------------------------------
Blast Furnace 1............................................      0.600 
Slag & Product Tapping--Furnace 1..........................      0.100 
Blast Furnace 2............................................      0.080 
Slag & Product Tapping--Furnace 2..........................      0.050 
Remelt Kettles (4 total)....................................      0.200 
PbO Plant...................................................      0.220 
PbO Transfer................................................      0.220 
                                                                        
                                                             -----------
      Total.................................................      1.470 
------------------------------------------------------------------------

    (ii) Visible emissions from the closed charge doors on Furnaces No. 
1 and 2 shall not exceed 5 percent opacity during furnace operation.
    (iii) Visible emissions from the charge doors on Furnaces No. 1 and 
2 shall not exceed 10 percent opacity during charging operations.
    (iv) Visible emissions from the lead oxide plant shall not exceed 5 
percent opacity.
    (v) Visible emissions from all other sources shall not exceed 5 
percent opacity.

[[Page 250]]

    (5) Gould Battery (GNB), 11331 Satellite Boulevard, Orlando, FL. 
Lead--Acid Battery Manufacturing Plant.
    (i) All emission points shall be limited to the following levels:

------------------------------------------------------------------------
                                                                 Lead   
                                                               emission 
              Source name                      GNB ID        rates--lb/
                                                                  hr    
------------------------------------------------------------------------
Pasting/Parting........................  B1                      0.1950 
Assembly...............................  B2                      0.2188 
Casting, QC Mixing.....................  B3                      0.1808 
Assembly...............................  B4                      0.2998 
Assembly...............................  B5                      0.4902 
Bulk Oxide.............................  B6                      0.0142 
Central Vaccum.........................  B7                      0.0096 
Pot Hood...............................  E1                      0.1190 
Pot Hood...............................  E2                      0.0096 
Pot Hood...............................  E3                      0.0096 
Tray Exhaust...........................  E4                      0.1238 
Paste Oven POS.........................  E5                      0.0048 
Paste Oven NEG.........................  E6                      0.0048 
      Total............................  ...................     1.6800 
------------------------------------------------------------------------

    (ii) Visible emissions from all emission points shall not exceed 5 
percent opacity during operation.
    (iii) The following sources shall be limited to operating 4000 hours 
per year: Pasting/Parting, GNB ID B1; Assembly, GNB ID B2; Assembly, 
GNB ID B4; Assembly, GNB ID B5; Central Vaccum, GNB ID B7; Tray 
Exhaust, GNB ID E4; Paste OvenPOS, GNB ID E5; Paste Oven NEG, GNB ID 
E6.
    (iv) The Bulk Oxide point source, GNB ID B6, shall be limited to 
operating 1000 hours per year.
    (v) The following sources shall be limited to operating 5000 hours 
per year:
    Casting, QC Mixing, GNB ID B3; Pot Hood, GNB ID E1; Pot Hood, GNB 
ID E2; Pot Hood, GNB ID E3.

[50 FR 45605, Nov. 1, 1985, as amended at 50 FR 52328, Dec. 23, 1985]



                           Subpart L--Georgia



Sec. 52.570   Identification of plan.

    (a) Title of plan: ``Implementation Plan for Attainment of State and 
National Ambient Air Standards.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Revisions to paragraph (a)(2) of Code Chapter 88-9 submitted on 
March 28, 1972, by the Assistant Attorney General.
    (2) Certification of public hearing submitted on February 14, 1972, 
by the Georgia Department of Health.
    (3) Miscellaneous non-regulatory additions to the plan submitted on 
March 9, 1972, by the Georgia Department of Health.
    (4) Clarifying comments on the plan submitted on May 5, 1972, by the 
Georgia Department of Health.
    (5) Certification of public hearing and miscellaneous additions to 
Chapter 391-3-1, Sections .02(2)(d), .02(2)(q), .02(2)(r) and .02(6) 
submitted on July 31, 1972, by the Governor.
    (6) Amendments concerning operating permits, Section 391-3-1-.03, 
submitted on March 20, 1974, by the Georgia Department of Natural 
Resources.
    (7) AQMA identification material submitted on May 17, 1974, by the 
Georgia Department of Natural Resources.
    (8) Revisions to Sections 391-3-1-02(2)(a) and 391-3-1-.02(2)(g) and 
revocation of Section 391-3-1-02(2)(i) submitted on July 23, 1974, by 
the Georgia Department of Natural Resources.
    (9) Compliance schedules submitted on August 2, 1974, by the Georgia 
Department of Natural Resources.
    (10) Temporary operating permits submitted as compliance schedules 
on October 8, 1974, by the Georgia Department of Natural Resources.
    (11) Temporary operating permits submitted as compliance schedules 
on November 7, 1974, by the Georgia Department of Natural Resources.
    (12) Compliance schedules submitted on January 23, 1975, by the 
Georgia Department of Natural Resources.
    (13) AQMA identification material submitted on March 10, 1975, by 
the Georgia Department of Natural Resources.
    (14) Permit to operate for Georgia Power Company's Plant Atkinson 
submitted on May 22, 1975, by the Georgia Department of Natural 
Resources.
    (15) Deletion of Section 391-3-1-.02(2)(m), the last sentence in 
Section 391-3-1-.03(2)(c) and the last sentence in Section 391-3-1-
.03(3) submitted on June 30, 1975, by the Georgia Department of Natural 
Resources.
    (16) Miscellaneous plan revisions, submitted on December 16, 1975, 
by the Georgia Department of Natural Resources.

[[Page 251]]

    (17) 1979 Implementation plan revisions for nonattainment areas for 
ozone, total suspended particulates, and carbon monoxide, submitted on 
January 17, March 9, 16, 20, June 29, December 27, 1979 and April 8, 
1980, by the Georgia Department of Natural Resources.
    (18) Order for Georgia Power Company's Plant Bowen, Units 1 and 2, 
Taylorsville, submitted on May 16, 1979, by the Georgia Department of 
Natural Resources.
    (19) Miscellaneous implementation plan revisions, submitted on March 
9, 1979, by the Georgia Department of Natural Resources.
    (20) Alternate VOC compliance schedules for Ford and General Motors 
plants in the Atlanta area, submitted on April 14, 1980 by the Georgia 
Department of Natural Resources.
    (21) Order for Georgia Power Company's Plant Harllee Branch, Unit 3 
and 4 submitted on May 13, 1980, by the Georgia Department of Natural 
Resources.
    (22) Air quality surveillance plan submitted on January 29, 1980, by 
the Georgia Department of Natural Resources.
    (23) Permit revision affecting the allowable particulate emission 
rates from the No. 6 Recovery Boiler, No. 3 Power Boiler and No. 5 Smelt 
Dissolving Tank at the ITT Rayonier, Inc. in Jesup, Georgia submitted on 
December 18, 1980, by the Georgia Department of Natural Resources.
    (24) Order on Units 1 and 2 of Georgia Power Company's Plant Bowen 
submitted on December 20, 1980, by the Georgia Department of Natural 
Resources.
    (25) Georgia lead SIP submitted on December 18, 1980, by the Georgia 
Department of Natural Resources.
    (26) Prevention of significant deterioration SIP, submitted on 
December 18, 1980, by the Georgia Department of Natural Resources.
    (27) A modified permit submitted on December 22, 1981, by the 
Georgia Department of Natural Resources which imposes special reporting 
and opacity limitations on Union Camp Corporation's Power Boilers 11 and 
12 in Savannah, Georgia.
    (28) Set II VOC regulations, submitted on December 18, 1980, by the 
Georgia Department of Natural Resources.
    (29) Alternative VOC compliance schedules for three sources in the 
Atlanta area (St. Regis Paper Co., Printpack, Inc., and American Can 
Co.), submitted on December 18, 1980, and May 7, 1981, by the Georgia 
Department of Natural Resources.
    (30) Revisions to the Part D plan for the Atlanta CO nonattainment 
area, submitted on July 30, 1982, by the Georgia Department of Natural 
Resources.
    (31) Bubble permit for Blue Bird Body Company in Fort Valley, 
submitted on January 27, 1984, by the Georgia Department of Natural 
Resources.
    (32) Visibility new source review regulations and visibility 
monitoring strategy were submitted to EPA on May 22, 1985, and October 
31, 1985.
    (i) Incorporation by reference.
    (A) Letter of May 22, 1985, from the Georgia Department of Natural 
Resources and new paragraph (2)(uu) of Rule No. 391-3-1-.02, titled 
``Visibility Protection'', adopted by the Georgia Board of Natural 
Resources on May 1, 1985.
    (ii) Additional material.
    (A) Narrative SIP, titled ``Georgia's Plan for Visibility Protection 
in Class I Areas'' which includes the State's Visibility Monitoring 
Strategy.
    (B) Letter dated October 31, 1985, from the Georgia Department of 
Natural Resources, providing a schedule for the completion of Georgia's 
Visibility Monitoring Strategy.
    (33) [Revised]
    (34) Revision to Georgia's plan for visibility protection in Class I 
areas entitled ``Visibility SIP'' submitted to EPA on August 31, 1987, 
by the Georgia Environmental Protection Division (GEPD) to satisfy the 
Part 2 visibility requirements.
    (i) Incorporation by reference.
    (A) June 10, 1988, letter from the Georgia Department of Natural 
Resources, and page 5 of the section entitled ``Visibility SIP'' which 
is part of the Georgia plan for visibility protection in Class I areas. 
This page contains the periodic review requirements satisfying 40 CFR 
51.306(c), and was adopted by the Georgia Department of Natural 
Resources on August 31, 1987.
    (ii) Additional material.

[[Page 252]]

    (A) Narrative entitled ``Visibility SIP'', a revision to Georgia's 
plan for visibility protection in Class I areas.
    (35) A revised subsection (2)(c), ``Incinerators,'' of rule 391-3-1-
02 was submitted by the Georgia Department of Natural Resources on May 
22, 1985.
    (i) Incorporation by reference.
    (A) Letter of May 22, 1985, from the Georgia Department of Natural 
Resources and revised subsection (2)(c) of rule 391-3-1-.02, titled 
``Incinerators,'' adopted by the Georgia Board of Natural Resources on 
May 1, 1985.
    (ii) Additional material--none.
    (36) Revised subsections (b) and (d) of rule 391-3-1-.02 (5), ``Open 
Burning,'' were submitted by the Georgia Department of Natural Resources 
on May 22, 1985.
    (i) Incorporation by reference.
    (A) Letter of May 22, 1985, from the Georgia Department of Natural 
Resources and revised subsections (b) and (d) of rule 391-3-1-.02(5), 
entitled ``Open Burning,'' adopted by the Georgia Board of Natural 
Resources on May 1, 1985, to be effective May 27, 1985.
    (ii) Additional material.
    (A) Modeling demonstration, submitted on February 19, 1988, by the 
Georgia Department of Natural Resources.
    (37) Revisions to the VOC regulations, to correct RACT deficiencies; 
Chapter 391-3-1-.01, and .02 of the Georgia Department of Natural 
Resources Rules for Air Quality Control, which was submitted on January 
3, 1991, and April 3, 1991. Change to Chapter 391-3-1-.02(3) to 
reference a new version of the test manual which includes capture 
efficiency protocols, which was submitted on September 30, 1991, and 
November 15, 1991.
    (i) Incorporation by reference.
    (A) The following Rules of the Georgia Department of Natural 
Resources, Chapter 391-3-1, Air Quality Control, became State effective 
on January 9, 1991.

391-3-1-.01(jjj);
391-3-1-.02(2)(a)4.;
391-3-1-.02(2)(t);
391-3-1-.02(2)(u)2.(i) and (iii);
391-3-1-.02(2)(v)2.(i) and (iii);
391-3-1-.02(2)(w)2.(i) and (iii);
391-3-1-.02(2)(x)2.(i), (iii), and (x)3.(v);
391-3-1-.02(2)(y)2.(i) and (iii);
391-3-1-.02(2)(z)2.(i) and (iii);
391-3-1-.02(2)(aa)2.(i) and (iii);
391-3-1-.02(2)(bb)1.(ii);
391-3-1-.02(2)(cc);
391-3-1-.02(2)(ee)1.(iii);
391-3-1-.02(2)(ff)2.(ii)(V) and 3.(iii)(III);
391-3-1-.02(2)(ii)4.(i) and (iii);
391-3-1-.02(2)(jj)2.(i) and (iii);
391-3-1-.02(2)(mm)1.(i), (ii), and (iii);
391-3-1-.02(2)(pp);
391-3-1-.02(2)(qq);
391-3-1-.0292)(rr);
391-3-1-.02(2)(ss);
391-3-1-.02(3)(a);
391-3-1-.02(6)(a)3.

    (B) A revised Rule 391-3-1-.02(3)(a) ``Sampling'' which became State 
effective October 17, 1991.
    (ii) Other material--None.
    (38) State implementation plan for PM10 which was submitted on April 
15, 1988, January 3, 1991, and April 3, 1991, by the Georgia Department 
of Natural Resources.
    (i) Incorporation by reference.
    (A) Revisions to Chapter 391-3-1, ``Air Quality Control'' which 
became State effective April 14, 1988. Rule 391-3-1-.01, 
``Definitions'', mm, yyy, zzz, aaaa; Rule 391-3-1-.02(4)(c), ``Ambient 
Air Standards''; Rule 391-3-1.-02(7), ``Prevention of Significant 
Deterioration of Air Quality''.
    (B) Revisions to Rule 391-3-1-.02(4)(c), ``PM10'', which became 
State effective January 9, 1991.
    (ii) Other material.
    (A) April 15, 1988, January 3, 1991, and April 3, 1991, letters from 
the Georgia Department of Natural Resources.
    (39) On December 15, 1986, and November 13, 1992, the Georgia 
Department of Natural Resources, Environmental Protection Division 
submitted regulations for Part D New Source Review.
    (i) Incorporation by reference. Revisions to the following Rules of 
Georgia Department of Natural Resources, Environmental Protection 
Division, effective November 22, 1992:
    (A) 391-3-1-.01 introductory paragraph
    (B) 391-3-1-.03(8)(c)
    (ii) Other material. Letter dated February 28, 1989, from the 
Georgia Department of Natural Resources, page 3 regarding change in 
operation of a source.

[[Page 253]]

    (40) Revisions to include NO2 increment requirements in the PSD 
regulations, Chapter 391-3-.02(7) of the Georgia Department of Natural 
Resources Administrative Code which was submitted on January 3, 1991.
    (i) Incorporation by reference.
    (A) Rule 391-3-1-.02(7) entitled ``Prevention of Significant 
Deterioration of Air Quality'' which became state effective on January 
9, 1991.
    (ii) Other material.
    (A) Letters dated January 3, 1991, and April 3, 1991, from the 
Georgia Department of Natural Resources.
    (B) Letter dated August 6, 1991, from the Georgia Department of 
Natural Resources regarding minimum program elements.
    (41) [Reserved]
    (42) Revisions to the Georgia stack height regulations; Chapter 391-
3-1 of the Georgia Department of Natural Resources Administrative Code 
which were submitted on December 15, 1986, and January 3, 1991.
    (i) Incorporation by reference.
    (A) Rule 391-3-1-.02 (2)(g), which was adopted by the Georgia Dept. 
of Natural Resources on December 3, 1986.
    (B) Rule 391-3-1-.01 (Definitions) to include definitions (bbbb) and 
(cccc) for ``stack'' and ``stack in existence''; and Rule 391-3-1-.02 
(2)(a)4., which were adopted on December 5, 1990 by the Georgia 
Department of Natural Resources, and became State law effective January 
9, 1991.
    (43) The Georgia Environmental Protection Division has submitted 
revisions to the Georgia State Implementation Plan on September 27, 
1995. These revisions address the requirements of section 507 of Title V 
of the Clean Air Act and establish the Small Business Stationary Source 
Technical and Environmental Program.
    (i) Incorporation by reference.
    (A) The submittal of the state of Georgia's Small Business 
Stationary Source Technical and Environmental Compliance Assistance 
Program which was adopted on July 20, 1995.
    (ii) Additional Material. None.
    (44) Revisions to the Georgia State Implementation Plan; Chapter 
391-3-1 and Chapter 391-3-10 of the Georgia Department of Natural 
Resources Administrative Code which were submitted to EPA on November 
13, 1992.
    (i) Incorporation by reference.
    (A) Georgia Department of Natural Resources Air Quality Rules 
submitted by the Georgia Department of Natural Resources, Environmental 
Protection Division for inclusion in the Georgia state implementation 
plan which were adopted on October 28, 1992, are as follows:

391-3-1-.05, 391-3-1-.09, 391-3-1-.10, 391-3-1-.02(2)(zz), 391-3-1-
.02(6)(a)4., 391-3-1-.03(5), 391-3-1-.03(6)(h), 391-3-10.01(d)(e), 391-
3-10-.04(d), 391-3-10-.07(2), 391-3-10-.10(b), 391-3-10-.12, 391-3-10-
.24(11), 391-3-10-.30(1), 391-3-10-.30(2).

    (ii) Other material. None.
    (45)  [Reserved]
    (46) Revisions to minor source permit rules submitted by the Georgia 
Environmental Protection Division on March 15, 1995.
    (i) Incorporation by reference. Revised Rule 391-3-1-.03, 
``Permits'', sections (1), (2), and (12), effective August 17, 1994.
    (ii) Other material. None.
    (47) Chapter 391-3-1-.01, .02(2), and .02(7), of the Georgia 
Department of Natural Resources Rules for Air Quality Control, submitted 
on June 24, 1994, and November 15, 1994. Change to Chapters 391-3-1-
.02(3) and 391-3-1-.02(6) to reference a new version of the Georgia 
Department of Natural Resources Manual of Procedures for Testing and 
Monitoring Sources of Air Pollutants, submitted on November 15, 1994.
    (i) Incorporation by reference.
    (A) The following revised Rules of the Georgia Department of Natural 
Resources, Chapter 391-3-1, Air Quality Control, became State effective 
on June 13, 1994:

391-3-1-.02(2)(hh)(iii);
391-3-1-.02(7);

    (B) The following revised Rules of the Georgia Department of Natural 
Resources, Chapter 391-3-1, Air Quality Control, became State effective 
on November 20, 1994:

391-3-1-.01;
391-3-1-.02(2)(t);
391-3-1-.02(2)(ccc);
391-3-1-.02(2)(eee);
391-3-1-.02(3)(a);
391-3-1-.02(6)(a)2.(v)(I);

[[Page 254]]

391-3-1-.02(6)(a)2.(vii)(I);
391-3-1-.02(6)(a)2.(vii)(II)I.;
391-3-1-.02(6)(b)1.(vi)

    (ii) Other material. None.
    (48) Clean Fuel Fleet program submitted to EPA by the Georgia 
Department of Natural Resources on May 5, 1994.
    (i) Incorporation by reference.
    (A) Addition of Regulations 391-3-21-.01, ``Definitions,'' 391-3-21-
.02, ``Covered Area,'' 391-3-21-.03, ``Covered Fleet Operators,'' 391-3-
21-.04, ``Covered Fleet Vehicles,'' 391-3-21-.05, ``Determination of 
Capable of Being Centrally Fueled,'' 391-3-21.06, ``Purchase 
Requirements,'' 391-3-21.07, ``Emission Standards,'' 391-3-21.08, 
``Credit Program,'' 391-3-21.09, ``Transportation Control Exemptions,'' 
391-3-21.10, ``Requirements for Fuel Providers,'' 391-3-21-.11, `` 
Enforcement'' which became effective on May 22, 1994.
    (ii) Other material. None.

[37 FR 10859, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.570, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Note:  At 61 FR 33373, June 27, 1996, Sec. 52.570 was 
amended by revising paragraph (c)(37)(i)(A), effective Aug. 26, 1996. 
For the convenience of the user the superseded text appears as follows:
Sec. 52.570  Identification of plan.

                                * * * * *

    (c) * * *
    (37) * * *
    (i) * * *
    (A) The following revised Rules of the Georgia Department of Natural 
Resources, Chapter 391-3-1, Air Quality Control, became State effective 
on January 9, 1991.

391-3-1-.01(jjj);
402-3-1-.02(2)(a)4.;
391-3-1-.02(2)(t);
391-3-1-.02(2)(u)2.(i) and (iii);
391-3-1-.02(2)(v)2.(i) and (iii);
391-3-1-.02(2)(w)2.(i) and (iii);
391-3-1-.02(2)(x)2.(i),(iii), and (x)3.(v);
391-3-1-.02(2)(y)2.(i) and (iii);
391-3-1-.02(2)(z)2.(i) and (iii)
391-3-1-.02(2)(aa)2.(i) and (iii);
391-3-1-.02(2)(bb)1.(ii);
391-3-1-.02(2)(cc);
391-3-1-.02(2)(ee)1.(iii);
391-3-1-.02(2)(ff)2.(ii)(V) and 3. (iii) (III);
391-3-1-.02(2)(ii)4.(i) and (iii);
391-3-1-.02(2)(jj)2.(i) and (iii);
391-3-1-.02(2)(mm)1.(i), (ii) and (iii);
391-3-1-.02(2)(pp);
391-3-1-.02(2)(qq);
391-3-1-.02(2)(rr);
391-3-1-.02(2)(ss);
391-3-1-.02(2)(ww);
391-3-1-.02(6)(a)3.

                                * * * * *



Sec. 52.571   Classification of regions.

    The Georgia 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)
----------------------------------------------------------------------------------------------------------------
Augusta (Georgia)-Aiken (South Carolina) Interstate..           I         II       III       III           III  
Metropolitan Atlanta Intrastate......................           I          I       III       III           III  
Chattanooga Interstate...............................           I         II       III       III           III  
Columbus (Georgia)-Phenix City (Alabama) Interstate..           I        III       III       III           III  
Central Georgia Intrastate...........................           I          I       III       III           III  
Jacksonville (Florida)-Brunswick (Georgia) Interstate           I         II       III       III             I  
Northeast Georgia Intrastate.........................          II        III       III       III           III  
Savannah (Georgia)-Beaufort (South Carolina)                                                                    
 Interstate..........................................           I          I       III       III           III  
Southwest Georgia Intrastate.........................          II         II       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10859, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]



Sec. 52.572  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Georgia's plans for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds

[[Page 255]]

the plans satisfy all requirements of Part D, Title I, of the Clean Air 
Act as amended in 1977, except as noted below.

[44 FR 54050, Sept. 18, 1979]



Sec. 52.573  Control strategy: General.

    The generic rules and procedures for emission trades (bubbles), 
submitted on October 27, 1982, by the Georgia Department of Natural 
Resources, are disapproved because they do not meet the requirements of 
the Clean Air Act.

[49 FR 44464, Nov. 7, 1984]
Sec. 52.574--52.575  [Reserved]



Sec. 52.576  Compliance schedules.

    (a) [Reserved]
    (b) The extended compliance schedule for the General Motors Lakewood 
Assembly Plant submitted on July 30, 1982, is disapproved because the 
State has failed to show that the schedule would not interfere with the 
attainment of the ozone standard in the Atlanta nonattainment area.

[40 FR 3413, Jan. 22, 1975, as amended at 40 FR 18432, Apr. 28, 1975; 40 
FR 42352, Sept. 12, 1975; 51 FR 3778, Jan. 30, 1986; 51 FR 40675, 40676, 
Nov. 7, 1986; 54 FR 25258, June 14, 1989]
Sec. 52.577  [Reserved]



Sec. 52.578  Control Strategy: Sulfur oxides and particulate matter.

    In a letter dated March 26, 1987, the Georgia Department of Natural 
Resources certified that no emission limits in the State's plan are 
based on dispersion techniques not permitted by EPA's stack height 
rules. This certification does not apply to Georgia Power plants; 
Hammond (Coosa), McDonough (Smyrna), Arkwright (Macon), Branch 
(Milledgeville), Wansley (Roopville), Scherer (Juliette), and Yates 
(Newnan), Savannah Electric Plants McIntosh (Rincon) and Port Wentworth 
(Port Wentworth); Inland (Rome); Buckeye Cellulose (Oglethorpe); Georgia 
Kraft (Macon), Union Camp (Savannah); and Stone Container (Savannah).

[54 FR 40002, Sept. 29, 1989]



Sec. 52.579   Economic feasibility considerations.

    Section 88-906(h), (i), (k), (o) and (q) of the Georgia Code is 
disapproved, since consideration of economic feasibility could, in some 
cases, conflict, with the requirements of the Act that primary standards 
be attained as expeditiously as practicable, but in no case later than 
July 1975.

[39 FR 34536, Sept. 26, 1974]

Sec. 52.580  [Reserved]



Sec. 52.581   Significant deterioration of air quality.

    (a) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located in the State of Georgia 
shall be submitted to the Environmental Protection Division, Georgia 
Department of Natural Resources, 270 Washington Street, S.W., Atlanta, 
Georgia 30334, instead of the EPA Region IV office.
    (b) A letter of commitment concerning the incorporation of EPA's 
revised modeling guidelines for PSD into the Georgia regulations was 
submitted to EPA on May 11, 1987, by the Georgia Department of Natural 
Resources.

[41 FR 24885, June 21, 1976, as amended at 47 FR 6018, Feb. 10, l982; 52 
FR 32918, Sept. 1, 1987]



Sec. 52.582  Control strategy: Ozone.

    Approval--The Administrator approves the incorporation of the 
photochemical assessment ambient monitoring system submitted by Georgia 
on November 8, 1993, into the Georgia State Implementation Plan. This 
submittal satisfies 40 CFR 58.20(f) which requires the State to provide 
for the establishment and maintenance of photochemical assessment 
monitoring stations (PAMS).

[59 FR 46178, Sept. 7, 1994]



Sec. 52.583   Additional rules and regulations.

    Section 391-3-1-.02(2)(e), Particulate Emissions from Manufacturing 
Processes, is hereby approved only to the extent that it provides for 
the establishment, as permit conditions, of

[[Page 256]]

emission limits more stringent than those otherwise applicable under the 
currently approved Georgia regulations. Any application of this 
regulation which would result in permit provisions less stringent than 
those otherwise required by the State's regulations must be formally 
submitted to EPA for prior approval as a plan revision pursuant to 
section 110(a) of the Clean Air Act.

[41 FR 35185, Aug. 20, 1976]



                            Subpart M--Hawaii



Sec. 52.620   Identification of plan.

    (a) Title of plan: ``State of Hawaii Air Pollution Control 
Implementation Plan''.
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Certification that the plan was adopted submitted on April 4, 
1972, by the Department of Health.
    (2) Telegram and letters (Non-regulatory) clarifying the plan 
submitted on May 8, 1972, by the Governor.
    (3) Telegram (Non-regulatory) clarifying the particulate matter 
control strategy submitted on May 22, 1972, by the Governor.
    (4) Letter (Non-regulatory) clarifying disapproval of the plan 
submitted on June 15, 1972, by the Governor.
    (5) Revised regulations (in their entirety) for the State of Hawaii 
submitted on November 21, 1972, by the Governor.
    (6) Regulations establishing a permit system for agricultural 
burning submitted on May 15, 1973, by the Governor.
    (7) Compliance schedule submitted on July 27, 1973, by the Governor.
    (8) 18-month extension plan for particulate matter submitted on 
August 15, 1973, by the Governor.
    (9) Date for attainment of the national ambient air quality 
standards for particulate matter submitted on April 25, 1974, by the 
Governor.
    (10) A variance to the Hawaii Public Health Regulations, Chapter 43, 
Section 7(b)(5) submitted on September 12, 1978 by the Governor.
    (11) A variance to the Hawaii Public Health Regulations, Chapter 43, 
Section 7(b)(5) submitted on February 22, 1979 by the Governor.
    (12) The following amendments to the plan were submitted on August 
21, 1980, by the Governor.
    (i) XII. Air Quality Surveillance Network.
    (13) A variance to the Hawaii Public Health Regulations, Chapter 43, 
section 8 (b)(1) submitted on November 25, 1980 by the Governor.
    (14) A variance of the Hawaii Public Health Regulations, Chapter 43, 
section 8(b)(1) submitted on April 6, 1982, by the Governor.
    (15) Hawaii State Lead SIP Revision submitted on October 29, 1982, 
by the State.
    (16) The following amendments to the plan were submitted on December 
20, 1982 by the State.
    (i) Title 11--Department of Health, Chapter 60, Air Pollution 
Control.
    (A) Amended sections 11-60-01 thru 11-60-29, 11-60-35 thru 11-60-38.

[37 FR 10861, May 31, 1972, as amended at 41 FR 8959, Mar. 2, 1976; 44 
FR 23828, Apr. 23, 1979; 44 FR 46274, Aug. 7, 1979; 46 FR 40513, Aug. 
10, 1981; 47 FR 3111, Jan. 22, 1982; 48 FR 37403, Aug. 18, 1983]



Sec. 52.621   Classification of regions.

    The Hawaii 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)
----------------------------------------------------------------------------------------------------------------
State of Hawaii......................................          II        III       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10860, May 31, 1972]

[[Page 257]]

Sec. 52.622  [Reserved]



Sec. 52.623   Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Hawaii's plan for attainment and maintenance of the national 
standards. The State included various provisions in its plan to provide 
for the attainment of State ambient air quality standards. As described 
in the Governor's letters of January 28, May 8, and May 22, 1972, these 
provisions were included for information purposes only and were not to 
be considered a part of the plan to implement national standards. 
Accordingly, these additional provisions are not considered a part of 
the applicable plan.

[37 FR 10861, May 31, 1972, as amended at 38 FR 12712, May 14, 1973; 39 
FR 7280, Feb. 25, 1974]



Sec. 52.624   General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the legal authority to provide for public availability of emission 
data is inadequate.
    (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 34536, Sept. 26, 1974, as amended at 40 FR 55329, Nov. 28, 1975; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.625   Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met, 
since sections 322-64(5) and 322-66 of the Hawaii Revised Statutes 
could, in some circumstances, prohibit the disclosure of emission data 
to the public. Therefore, sections 322-64(5) and 322-66 are disapproved.

[39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.626   Compliance schedules.

    (a) [Reserved]
    (b) The compliance schedules for the sources identified below are 
disapproved as not meeting the requirements of Subpart N of this 
chapter. The regulations cited are air pollution control regulations of 
the State.

[[Page 258]]



----------------------------------------------------------------------------------------------------------------
                                                                  Regulation sections                           
                Source                         Location                 involved             Date of adoption   
----------------------------------------------------------------------------------------------------------------
Nanakuli Paving & Rock Co., Ltd......  Molokai................  8, 13..................  7/27/73.               
Kohala Corp..........................  Halaula................  8, 12..................      Do.                
----------------------------------------------------------------------------------------------------------------

[39 FR 16348, May 8, 1974, as amended at 51 FR 40676, Nov. 7, 1986; 54 
FR 25258, June 14, 1989]
Sec. 52.627--52.631  [Reserved]



Sec. 52.632   Significant deterioration of air quality.

    (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 Sec. 52.21(b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of Hawaii.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980]



Sec. 52.633  Visibility protection.

    (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) Regulations for visibility monitoring and new source review. The 
provisions of Secs. 52.26, 52.27 and 52.28, are hereby incorporated and 
made part of the applicable plan for the State of Hawaii.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Hawaii.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.634  Particulate matter (PM-10) Group III SIP.

    (a) On September 14, 1988, the Governor of Hawaii submitted a 
revision to the State Implementation Plan (SIP) for implementing the 
required monitoring activities and other tasks necessary to satisfy the 
requirements of the PM-10 Group III SIP.
    (b) The Hawaii Department of Health has committed to meet the 
ongoing requirements for PM-10 Group III areas.

[55 FR 18110, May 1, 1990]



                            Subpart N--Idaho



Sec. 52.670   Identification of plan.

    (a) Title of plan: ``Idaho Air Quality Implementation Plan.''
    (b) The plan was officially submitted on January 31, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous additions (compliance schedules and non-regulatory 
provisions) to the plan submitted on February 23, 1972, by the Idaho Air 
Pollution Control Commission.
    (2) Request for delegation of legal authority submitted on March 2, 
1972, by the Governor.
    (3) Compliance schedules submitted on April 12, 1972, by the 
Governor.
    (4) Request for an 18-month extension for particulate matter in all 
AQCR's submitted on May 5, 1972, by the Governor.
    (5) Miscellaneous additions (Non-regulatory) to the plan submitted 
on May 26, 1972, by the Idaho Air Pollution Control Commission.
    (6) Appendices D and E of the plan submitted on June 9, 1972, by the 
Governor.
    (7) Revisions to the Rules and Regulations for the Control of Air 
Pollution in Idaho submitted on February 15, 1973, by the Governor.
    (8) Compliance schedules submitted on July 23, 1973, by the 
Governor.
    (9) Amendment to Chapter IX of the plan to provide for review of 
indirect sources and a new Chapter XIV which sets forth the control 
strategy for attaining secondary particulate matter standards on October 
16, 1973, by the Governor.
    (10) Revisions to 1972 Session Laws, Chapter 347; 1973 Session Laws, 
Chapter 87, 136, 137, 138, 139, and 143; Chapters 18 and 52, Idaho Code; 
and the accompanying Attorney General's opinion submitted August 15, 
1973, by the Governor.

[[Page 259]]

    (11) A new section 4 of Regulation A (General Provisions) and 
revised Regulation T (Air Pollution Sources Permits) of the Rules and 
Regulations for the Control of Air Pollution in Idaho (Chapter VII of 
the plan), an addition to Chapter XI of the plan to include 
administrative procedures for indirect source review, and compliance 
schedules submitted on July 1, 1974, by the Governor.
    (12) Air quality maintenance area designation submitted on June 11, 
1974, by the Idaho Department of Environmental and Community Services.
    (13) An amendment to Regulation C (Ambient Air Quality Standards) 
and Regulation S (Control of Sulfur Oxide Emissions from Combined Lead/
Zinc Smelters) of the Rules and Regulations for the Control of Air 
Pollution in Idaho and revisions to Chapter IV and Appendix F of the 
Implementation Plan submitted on January 10, 1975, by the Governor.
    (14) Revised sections 2 and 6 of Regulation A (General Provisions) 
of the Rules and Regulations for the Control of Air Pollution in Idaho 
submitted on January 24, 1975, by the Governor.
    (15) Consent Order for Beker Industries submitted on July 28, 1975 
by the Governor.
    (16) On January 15, 1980 the Governor submitted the transportation 
portion of the Boise-Ada County carbon monoxide plan.
    (17) On July 1, 1980 the Governor submitted a SIP revision 
containing a variance from the indirect source regulation for an urban 
renewal project located in downtown Boise, as well as an adjustment to 
the TCP which had been submitted to EPA in January 1980.
    (18) On February 14, 1980 the State of Idaho Department of Health 
and Welfare submitted a plan revision to meet the requirements of Air 
Quality Monitoring 40 CFR part 58, subpart C, Sec. 58.20.
    (19) Revisions to the ``Implementation Plan for the Control of Air 
Pollution in the State of Idaho'' submitted by the Governor of Idaho on 
January 15, 1980: Chapter I ``Introduction;'' Chapter II ``General 
Administration;'' Chapter III ``Emissions Inventory;'' Chapter IV ``Air 
Quality Monitoring;'' Chapter V ``Source Surveillance;'' Chapter VI 
``Emergency Episode Plan;'' Chapter VII ``Approval Procedures for New 
and Modified Sources;'' Chapter VIII ``Non-Attainment Area Plans;'' 
Chapter VIII-a ``Silver Valley Non-Attainment Plan;'' Chapter VIII-e 
``Soda Springs Non-Attainment Plan;'' Appendix A.2 Legal Authority 
(Section 39-100, Idaho Code); Appendix A.3, Title I, Chapter I, Rules 
and Regulations for the Control of Air Pollution in Idaho, except 
indirect source review provisions (1-1002.37, 1-1002.76 and 1-1004), 
variance provisions (1-1007 and 1-1904) and ``Sulfur Dioxide Emission 
Limitations for Combined Zinc and Lead Smelters'' (1-1851 through 1-
1868); Appendix B ``Emission Inventory, Ada County Carbon Monoxide Non-
Attainment Area;'' Appendix G ``Permits--Silver Valley'' (six permits); 
and Appendix K ``Permits--Soda Springs'' (four permits).
    (20) Chapter VIII-b ``Lewiston Non-Attainment Plan'' submitted by 
the Governor of Idaho on January 15, 1980. On December 4, 1980, the 
Governor submitted revised pages 31-39, an operating permit for a kraft 
pulp and paper mill (Appendix H.1), operating permits for two grain 
loading terminals (Appendices H.3 and H.4), and an operating permit for 
an asphalt plant (Appendix H.5). On February 5, 1981 the Governor 
further revised the nonattainment area plan by submitting a permit for a 
wood products operation (Appendix H.2).
    (21) Chapter VIII-d ``Pocatello TSP Non-Attainment Plan'' submitted 
by the Governor of Idaho on March 7, 1980. This submittal included 
operating permits for an elemental phosphorus plant (Appendix J.1), a 
phosphate fertilizer manufacturing plant (Appendix J.2), and a Portland 
cement plant (Appendix J.3). On February 5, 1981, the Governor submitted 
a revised Chapter VIII-d.
    (22) On February 3, 1984 the State of Idaho Department of Health and 
Welfare submitted a revision to add a lead maintenance strategy to the 
Idaho Implementation Plan.
    (23) On May 29, 1984, the State of Idaho Department of Health and 
Welfare submitted the Boise-Ada County carbon monoxide attainment plan 
as an official State Implementation Plan revision. The submittal was 
then supplemented on January 3, 1985.

[[Page 260]]

    (24) A revised Chapter VII Approval Procedures for New and Modified 
Facilities; revised sections 1-1002, 1-1012, 1-1013, 1-1014, and 1-1101 
of Appendix A. 3 ``Title 1, Chapter 1, Rules and Regulations for the 
Control of Air Pollution in Idaho Manual;'' and the repeal of sections 
1-1003, 1-1102 through 1-1112, and 1-1900 through 1-1906 of Appendix A. 
3 ``Title 1, Chapter 1, Rules and Regulations for the Control of Air 
Pollution in Idaho Manual;'' of the Implementation Plan for the Control 
of Air Pollution in the State of Idaho, submitted by the Director of the 
State of Idaho Department of Health and Welfare on April 19, 1985. 
(Sections 1-1003, 1-1102 through 1-1112, and 1-1900 through 1-1906 of 
Appendix A. 3 ``Title 1, Chapter 1, Rules and Regulations for the 
Control of Air Pollution in Idaho Manual'' were previously approved by 
EPA at 40 CFR 52.670(c)(19).) An April 3, 1986, commitment letter from 
the Director of the State of Idaho Department of Health and Welfare 
regarding stack height provisions.
    (i) Incorporation by reference. (A) Revised sections 1-1002, 1-1012, 
1-1013, 1-1014, and 1-1101 of Appendix A. 3, ``Title 1, Chapter 1, Rules 
and Regulations for the Control of Air Pollution in Idaho Manual'' of 
the Implementation Plan for the Control of Air Pollution in the State of 
Idaho, as adopted by the Idaho Board of Health and Welfare on November 
1, 1984. An April 3, 1986, commitment letter from the Director of the 
State of Idaho Department of Health and Welfare regarding stack height 
provisions.
    (ii) Other materials. (A) Revised Chapter VII Approval Procedures 
for New and Modified Facilities of the Implementation Plan for the 
Control of Air Pollution in the State of Idaho, submitted by the 
Director of the Idaho Department of Health and Welfare on April 19, 
1985. (This revised chapter replaces an earlier version which was 
approved by EPA and incorporated by reference at 40 CFR 52.670(c)(19).)
    (B) Sections 1-1003, 1-1102 through 1-1112, and 1-1900 through 1-
1906 of Appendix A. 3 ``Title 1, Chapter 1, Rules and Regulations for 
the Control of Air Pollution in Idaho,'' of the Implementation Plan for 
the Control of Air Pollution in the State of Idaho, repealed by the 
Idaho Board of Health and Welfare on November 1, 1984. (These sections, 
noted as repealed, replace the earlier versions which were approved by 
EPA and incorporated by reference at 40 CFR 52.670(c)(19).)
    (25) On March 27, 1987, the State of Idaho Department of Health and 
Welfare submitted revised rules regulating the use of stack heights and 
dispersion techniques (section 16.01.1002.94 and section 16.01.1014) as 
revisions to the Idaho state implementation plan. Additional revisions 
included clarifications to section 16.01.1009 (Total Compliance), and 
section 16.01.1201.03 (Visible Emissions-Exception).
    (i) Incorporation by reference.
    (A) March 27, 1987 letter from the State of Idaho Department of 
Health and Welfare to EPA, Region 10.
    (B) Section 16.01.1002.94 (Stack), section 16.01.1014 (Stack Heights 
and Dispersion Techniques), section 16.01.1009 (Total Compliance) and 
section 16.01.1201.03 (Visible Emissions-Exception) adopted by the State 
of Idaho Department of Health and Welfare on February 11, 1987.
    (26) On June 15, 1990, the Administrator of the Idaho Department of 
Health and Welfare submitted amendments to State of Idaho's Rules and 
Regulations for the Control of Air Pollution in Idaho Manual as 
revisions to the Idaho state implementation plan as follows: Idaho 
Administrative Procedures Act, Section 16.01.01002 Definitions, Section 
16.01.01012 Procedures and Requirements for Permits to Construct and 
Operating Permits, and Section 16.01.01101 Air Quality Standards and 
Area Classification.
    (27) On September 4, 1992, the Administrator of the Idaho Department 
of Health and Welfare submitted a revised and recodified Rules and 
Regulations for the Control of Air Pollution in Idaho Manual (Idaho 
Administrative Procedures Act Sections 16.01.01000 through 16.01.01999) 
as a revision to the Idaho state implementation plan.
    (i) Incorporation by reference.
    (A) June 15, 1990, letter from the Administrator of the Idaho 
Department of Health and Welfare to EPA Region 10 submitting amendments 
to the Idaho state implementation plan.

[[Page 261]]

    (B) September 4, 1992, letter from the Administrator of the Idaho 
Department of Health and Welfare to EPA Region 10 submitting amendments 
to the Idaho state implementation plan.
    (C) Idaho's Rules and Regulations for the Control of Air Pollution 
in Idaho Manual (except for sections IDAPA 16.01.01007 Variances, IDAPA 
16.01.01853 through 16.01.01856 Combined Zinc and Lead Smelters, IDAPA 
16.01.0951 through 16.01.01968 Regulation of Standards of Performance 
for New Stationary Sources, and IDAPA 16.01.01997 Confidentiality of 
Records) as adopted by the Board of the Idaho Department of Health and 
Welfare on July 30, 1992, and effective on August 21, 1992.
    (28) On April 14, 1992, the State of Idaho submitted a revision to 
the SIP for Pinehurst, ID, for the purpose of bringing about the 
attainment of the national ambient air quality standards for particulate 
matter with an aerodynamic diameter less than or equal to a nominal 10 
micrometers. This submittal includes an additional area in Shoshone 
County adjacent to the City of Pinehurst which EPA designated 
nonattainment and moderate for PM-10 on January 20, 1994.
    (i) Incorporation by reference.
    (A) April 7, 1992 letter from Idaho Department of Health and Welfare 
to EPA Region 10 submitting the Pinehurst Particulate Air Quality 
Improvement Plan as a revision to the Implementation Plan for the 
Control of Air Pollution in the State of Idaho. The plan has been 
adopted in accordance with the authorities and requirements of the 
Federal Clean Air Act and the Idaho Environmental Protection and Health 
Act (Idaho Code section 39-10/et seq).
    (B) SIP revision for Pinehurst Particulate Air Quality Improvement 
Plan, February 5, 1992 (adopted on April 7, 1992).
    (29) On June 29, 1994, the Idaho Department of Health and Welfare 
submitted a CO State Implementation Plan for Northern Ada County, Idaho.
    (i) Incorporation by reference.
    (A) June 29, 1994 letter from Idaho Department of Health and Welfare 
to EPA Region 10 submitting the CO SIP for Northern Ada County, Idaho.
    (B) Minor Revision of the Northern Ada County, Idaho 1984 State 
Implementation Plan for CO, June 1994 (including Ada County Ordinance 
228, City of Boise Ordinance 5273, City of Meridian Ordinance 547, City 
of Garden City Ordinance 558, and City of Eagle Ordinance 177), as 
adopted by the Idaho Department of Health and Welfare on June 28, 1994.
    (30) On January 7, 1994, the Administrator for the Idaho Department 
of Health and Welfare, Division of Environmental Quality, submitted the 
State PROGRAM as a revision to the Idaho SIP.
    (i) Incorporation by reference.
    (A) The January 3, 1994 letter from the Administrator of the Idaho 
Department of Health and Welfare, Division of Environmental Quality, 
submitting the PROGRAM to EPA.
    (B) The State Implementation Plan Revision to Establish a State 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program (which includes the text of Idaho Code 39-118E, Small 
Business Assistance, signed into law Senate bill 1236 by Idaho Governor, 
Cecil D. Andrus, on March 29, 1993), dated December 29, 1993, and 
adopted on January 3, 1994.
    (31) On November 14, 1991, and on December 30, 1994, the Idaho 
Department of Health and Welfare (IDHW) submitted revisions to the Idaho 
State Implementation Plan (SIP) for the Northern Ada County/Boise 
Particulate (PM10) Air Quality Improvement Plan.
    (i) Incorporation by reference.
    (A) November 14, 1991, letter from the IDHW Administrator to the EPA 
Region 10 Regional Administrator submitting a revision to the Idaho SIP 
for the Northern Ada County/Boise Particulate Air Quality Improvement 
Plan; The Northern Ada County Boise Particulate (PM10) Air Quality 
Improvement Plan adopted on November 14, 1991.
    (B) December 30, 1994, letter from the IDHW Administrator to the EPA 
Region 10 Regional Administrator including a revision to the Idaho SIP 
for the Northern Ada County/Boise PM10 Air Quality Improvement 
Plan; Appendix C-1, Supplemental Control Strategy Documentation, 
Northern Ada County/Boise PM10 Air Quality Improvement Plan, 
adopted December 30, 1994, with

[[Page 262]]

the following attachments: Garden City Ordinances #514 (May 14, 1987), 
#533 (January 10, 1989) and #624 (September 13, 1994); Meridian 
Ordinance #667 (August 16, 1994); Eagle Ordinance #245 (April 26, 1994); 
Ada County Ordinance #254 (November 3, 1992); and Table Ordinance-1 
(December 30, 1994).

[37 FR 10861, May 31, 1972, as amended at 41 FR 8959, Mar. 2, 1976; 41 
FR 23202, June 9, 1976; 45 FR 70261, Oct. 23, 1980; 46 FR 15136, Mar. 4, 
1981; 47 FR 32533, July 28, 1982; 49 FR 18833, May 3, 1984; 50 FR 23811, 
June 6, 1985; 51 FR 22810, June 23, 1986; 53 FR 48540, Dec. 1, 1988; 58 
FR 39447, July 23, 1993; 59 FR 43751, Aug. 25, 1994; 59 FR 47804, Sept. 
19, 1994; 59 FR 61549, Dec. 1, 1994; 60 FR 27893, May 26, 1995; 61 FR 
27023, May 30, 1996]

    Effective Date Note:  At 61 FR 27023, May 30, 1996, Sec. 52.670 was 
amended by adding paragraph (c)(31), effective July 29, 1996.



Sec. 52.671   Classification of regions.

    The Idaho plan was evaluated on the basis of the following 
classifications:

                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                    Pollutants                                  
                                 -------------------------------------------------------------------------------
   Air quality control region        Particulate       Sulfur                                                   
                                       matter          oxides     Nitrogen dioxide  Carbon monoxide     Ozone   
----------------------------------------------------------------------------------------------------------------
Eastern Idaho Intrastate........  I...............  II..........  III.............  III............  III.       
Eastern Washington Northern       I...............  II..........  III.............  III............  III.       
 Idaho Interstate (Idaho).                                                                                      
Idaho Intrastate................  I...............  III.........  III.............  III............  III.       
Metropolitan Boise Intrastate...  II..............  III.........  III.............  I..............  III.       
----------------------------------------------------------------------------------------------------------------

[37 FR 10861, May 31, 1972, as amended at 45 FR 70261, Oct. 23, 1980; 47 
FR 32534, July 28, 1982]
Sec. 52.672  [Reserved]



Sec. 52.673   Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Idaho's plan for the attainment and maintenance of the national 
standards.



Sec. 52.674   Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met 
since the authority to release emission data to the public could be 
precluded in certain circumstances by section 39-111 of the Idaho Code 
annotated.
    (b) Delegation of Authority: Pursuant to section 114 of the Act, 
Idaho requested a delegation of authority to enable it to collect, 
correlate, and release emission data to the public. The Administrator 
has determined that Idaho is qualified to receive a delegation of the 
authority it requested. Accordingly, the Administrator delegates to 
Idaho his authority under section 114(a) (1) and (2) and section 114(c) 
of the Act, i.e., authority to collect, correlate, and release emission 
data to the public.

[37 FR 10861, May 31, 1972, as amended at 39 FR 41253, Nov. 11, 1974; 51 
FR 40676, Nov. 7, 1986]



Sec. 52.675   Control strategy: Sulfur oxides--Eastern Idaho Intrastate Air Quality Control Region.

    (a)(1) Regulation R of the Rules and Regulations for the Control of 
Air Pollution in Idaho, which is part of the sulfur dioxide (SO2) 
control strategy, is disapproved since it is inconsistent with the 
purposes and provisions of subpart G of this chapter. These requirements 
are not met by Regulation R in that the SO2 control strategy 
contained therein is not adequate for the attainment and maintenance of 
SO2 national ambient air quality standards (NAAQS).
    (2) Rules 1-1801 through 1-1804 (Rules for Control of Sulfur Oxide 
Emissions from Sulfuric Acid Plants) of the ``Rules and Regulations for 
the Control

[[Page 263]]

of Air Pollution in Idaho'' are inadequate to ensure attainment and 
maintenance of Sulfur Dioxide National Ambient Air Quality Standards in 
the Eastern Idaho Intrastate Air Quality Control Region. Special limits 
have previously been established for certain existing acid plants in 
this Air Quality Control Region (Secs. 52.670(c)(15) and 52.675(b)). 
Therefore, Rules 1-1801 through 1-1804 are approved except as they apply 
to existing acid plants with approved or promulgated emission limits 
that are more stringent than the limit found in 1-1802.
    (b) Regulation for control of sulfur dioxide (SO2) emissions: 
Sulfuric Acid Plants. (1) The provisions of this paragraph shall apply 
to the owner(s) and operator(s) of The J. R. Simplot Company's Minerals 
and Chemical Division, located in Power County, Idaho, in the Eastern 
Idaho Intrastate Air Quality Control Region.
    (2) The owner(s) and operator(s) of The J. R. Simplot Company 
facility shall utilize best engineering techniques in the operation of 
their plant to prevent fugitive SO losses. Such techniques shall include 
but are not limited to:
    (i) Operating and maintaining all conducts, flues, and stacks in a 
leakfree condition.
    (ii) Operating and maintaining all process equipment and gas 
collection systems in such a fashion that leakage of SO2 gases will 
be prevented to the maximum extent possible.
    (3) The owner(s) and operator(s) of The J. R. Simplot Company 
facility shall limit SO2 emissions from their sulfuric acid plants 
per the following:
    (i) The combined SO2 emissions from the designated 100 and 200 
sulfric acid plants shall not exceed 2 kilograms (kg) per metric ton (4 
pounds per ton) of 100 percent sulfuric acid produced.
    (ii) The SO2 emissions from the designated 300 sulfuric acid 
plant and stack shall not exceed 994 kg per hour (2190 pounds per hour).
    (4) (i) The owner(s) and operator(s) of The J. R. Simplot Company 
shall achieve compliance with the requirements specified in paragraphs 
(b)(2) and (b)(3) of this section in accordance with the following 
schedule:
    (A) Advise EPA as to status of contract(s) and construction 
schedules for pollution abatement projects within 30 days of the 
effective date of this regulation.
    (B) Attain final compliance by July 31, 1976.
    (ii) A performance test of the 300 acid plant shall be necessary to 
determine whether compliance has been achieved with the requirements of 
paragraph (b)(3) of this section. Such test must be completed within 15 
days of the final compliance date specified in paragraph (b)(4)(i) of 
this section. Notice must be given to the Administrator at least 10 days 
prior to such a test to afford him an opportunity to have an observer 
present.
    (iii) Within 60 days after achieving the maximum production rate at 
which the 100 and 200 acid plant will be operated, but not later than 
180 days after initial start-up of these plants and at such other times 
as may be required by the Administrator under section 114 of the Clean 
Air Act, the owner(s) and operator(s) of the facility shall conduct 
performance test(s) in accordance with the requirements of 40 CFR 60.8.
    (iv) If the owner(s) and operator(s) of the J. R. Simplot Company 
facility are presently in compliance with the requirements of paragraphs 
(b)(2) and (b)(3) of this section or in compliance with a portion of 
these requirements, such compliance shall be certified to the 
Administrator within 15 days following the date of the publication of 
these requirements as a final regulation in the Federal Register. If the 
owner(s) or operator(s) of The J. R. Simplot Company achieve compliance 
prior to July 31, 1976, such compliance shall be certified to the 
Administrator within 15 days of the date of achieving compliance. The 
Administrator may request whatever supporting information he considers 
necessary to determine the validity of the certification.
    (5) (i) By no later than September 30, 1976, the owner(s) and 
operator(s) of The J. R. Simplot Company facility shall install, 
calibrate, maintain and operate measurement system(s) for:
    (A) Continuously monitoring and recording SO2 concentration 
rates in each sulfuric acid plant discharge

[[Page 264]]

stack per the requirements of 40 CFR 60.13 and 60.84.
    (B) Continuously monitoring and recording gas volumetric flow rates 
in the exhaust stack of the designated 300 sulfuric acid plant.
    (ii) By no later than October 30, 1976, and at such other times 
following that date as the Administrator may specify, the SO2 
concentration measurement system(s) and stack gas volumetric flow rate 
system(s) installed and used pursuant to this paragraph shall be 
demonstrated to meet the measurement system performance specifications 
prescribed in 40 CFR 60.13 and Appendix E to this part, respectively. 
The Administrator shall be notified at least 10 days prior to the start 
of this field test period to afford the Administrator the opportunity to 
have an observer present.
    (iii) The sampling point for monitoring the concentration of 
SO2 emissions shall be in the duct at the centroid of the cross 
section of the discharge stack if the cross sectional area is less than 
4.65 m2 (50 ft2) or at a point no closer to the wall than 0.91 
m (3 ft) if the cross sectional area is 4.65 m2 (50 ft2) or 
more. The monitor sample point shall be representative of the average 
concentration in the duct.
    (iv) The measurement system(s) shall be maintained, operated and 
calibrated in accordance with the methods prescribed by the 
manufacturers. Records of maintenance and/or calibration shall be kept 
and submitted to the Administrator upon request. These records shall 
clearly show instrument readings before and after such calibration and/
or maintenance.
    (v) The owner(s) and operator(s) of The J. R. Simplot Company 
facility shall maintain a daily record of three hour average emission 
rate measurements for each sulfuric acid plant. Three hour average 
emission rates shall be calculated for each day beginning at midnight. 
For the 100 and 200 acid plants, the calculations shall be in 
conformance with 40 CFR 60.84. For the 300 acid plant, average SO2 
emission rates expressed in kg SO2 per hour shall be calculated. 
The results of these calculations for each month shall be submitted to 
the Administrator within 15 days following the end of each month. Such 
submission shall identify each period of excess emissions that occurred 
and the nature and cause of any malfunction (if known), the corrective 
action taken or preventative measures adopted. The records of such 
measurements including strip charts and other appropriate raw data shall 
be retained for a minimum of two years following the date of such 
measurements.
    (vi) The continuous monitoring and recordkeeping requirements of 
paragraph (b)(5) of this section shall become applicable September 30, 
1976.
    (6)(i) Compliance with the requirements set forth in paragraph 
(b)(3) of this section shall be determined using the emission rates 
measured by the continuous measurement system(s) installed, calibrated, 
maintained and operated in accordance with the requirements of paragraph 
(b)(5) of this section.
    (ii) At the Administrator's discretion, compliance may also be 
determined using the manual source test methods per 40 CFR 60.85 and 
Appendix A to part 60 of this title. Emission rates for each stack shall 
be expressed in units consistent with those in paragraph (b)(3) of this 
section.
    (iii) A violation of the requirements of paragraph (b)(3) of this 
section shall occur whenever the SO2 emission rates determined 
according to paragraph (b)(6)(i) or (b)(6)(ii) of this section exceed 
the corresponding SO2 emission rates specified in paragraph (b)(3) 
of this section.
    (7) The owner(s) and operator(s) of The J. R. Simplot Company 
facility shall by September 30, 1976, install, calibrate, maintain and 
operate a network for continuously monitoring ground level ambient 
SO2 concentrations and wind speed and direction.
    (i) The monitoring network shall consist of at least four ambient 
SO2 monitoring stations and one meteorological station placed at 
locations approved by the Administrator.
    (ii) The SO2 monitoring network shall be consistent with 
automated equivalent methods for measurement of ambient concentrations 
of SO2 as defined in part 53 of this chapter.

[[Page 265]]

    (iii) The monitoring network installed and used pursuant to this 
subparagraph shall be maintained, operated and calibrated in accordance 
with the methods prescribed by the manufacturers. Records of maintenance 
and/or calibration shall be kept and submitted to the Administrator upon 
request. These records shall clearly show instrument readings before and 
after such calibration and/or maintenance.
    (iv) The owner(s) and operator(s) of The J. R. Simplot Company 
facility shall maintain a daily record of all measurements required by 
this subparagraph. Strip charts and other raw data from the monitoring 
network shall be retained for a minimum of two years following the date 
of such measurement.
    (v) The owner(s) and operator(s) of The J. R. Simplot Company shall 
calculate hourly average ambient SO2 concentrations, wind speed, 
and wind direction from each monitoring station and submit such values 
to the Administrator within 15 days following the end of each month.
    (vi) The continuous monitoring and recordkeeping requirements of 
paragraph (b)(7) of this section shall become applicable September 30, 
1976 and shall remain applicable until such time as the Administrator 
declares that an adequate ambient air data base has been established, 
which shall be no earlier than at least one calendar year.
    (vii) Within 90 days of the Administrator's declaration of an 
adequate data base, Simplot shall submit to the Administrator a 
technical analysis of the degree of permanent control required on the 
300 acid plant to ensure attainment and maintenance of NAAQS.
    (8) Nothing in paragraph (b) of this section shall be construed to 
relieve the owner(s) and operator(s) of The J. R. Simplot Company to 
comply with any applicable requirements of part 60 of this title. In the 
event of conflicting requirements or interpretations between part 60 of 
this title and this paragraph, the more restrictive interpretation or 
requirement shall apply.
    (9) In the event that measurement systems cannot be installed and 
operational by the date specified in this section, The J. R. Simplot 
Company shall propose the earliest possible date by which such 
requirements can be met. Such proposal shall include adequate 
justification and supporting documentation.

[41 FR 23202, June 9, 1976, as amended at 47 FR 32534, July 28, 1982; 51 
FR 40676, Nov. 7, 1986]
Secs. 52.676--52.678  [Reserved]



Sec. 52.679  Contents of Idaho State Implementation Plan.

  Implementation Plan for the Control of Air Pollution in the State of 
                                  Idaho

Chapter I--Introduction (submitted 1-15-80)
Chapter II--Administration (submitted 1-15-80)
Chapter III--Emissions Inventory (submitted 1-15-80)
Chapter IV--Air Quality Monitoring (submitted 1-15-80, 2-14-80)
Chapter V--Source Surveillance (submitted 1-15-80)
Chapter VI--Emergency Episode Plan (submitted 1-15-80)
Chapter VII--Approval Procedures for New and Modified Facilities 
          (submitted 4-19-85)
Chapter VIII--Non-Attainment Area Plan
    VIII-a--Silver Valley Nonattainment Plan (submitted 1-15-80)
    VIII-b--Lewiston Nonattainment Plan (submitted 1-15-80, 12-4-80)
    VIII-c--Transportation Control Plan for the carbon monoxide of Ada 
County (submitted 5-24-84, 1-3-85, 3-25-85)
    VIII-d--Pocatello TSP Nonattainment Plan (submitted 3-7-80, 2-5-81)
    VIII-e--Soda Springs Nonattainment Plan (submitted 1-15-80)
Chapter IX--Reserved
Chapter X--Plan for Maintenance of National Ambient Air Quality 
          Standards for Lead (submitted 2-3-84)
Appendix A--Legal Authority and Other General Administrative Matters 
          (submitted 1-15-80)
Appendix A.2--Section 39-100, Idaho Code (submitted 1-15-80)
Appendix A.3--Title 1, Chapter 1, Rules and Regulations for Control of 
          Air Pollution in Idaho Manual (submitted 1-15-80, 4-19-85, 6-
          15-90, 8-21-92)
    01.01000. Legal Authority (6-28-78)
    01.01001. Policy (6-28-78)
    01.01002. Title (12-31-91)
    01.01003. Definitions
    01.01003,01. Act (4-1-72)
    01.01003,02. Actual Emissions (11-1-84)
    01.01003,03. Adverse Effect on Visibility (11-1-84)
    01.01003,04. Agricultural Field (3-12-85)

[[Page 266]]

    01.01003,05. Air Contaminant (11-1-84)
    01.01003,06. Air Pollution (1-24-69)
    01.01003,07. Air Quality (4-1-72)
    01.01003,08. Air Quality Criterion (4-1-72)
    01.01003,09. Allowable Emissions (11-1-84)
    01.01003,10. Ambient Air (11-1-84)
    01.01003,11. Ambient Air Quality Violation (8-11-75)
    01.01003,12. ASTM (4-1-72)
    01.01003,13. Attainment Area (11-1-84)
    01.01003,14. Background Level (6-20-74)
    01.01003,15. Baseline (Area, Concentration, Date) (12-31-91)
    01.01003,16. Best Available Control Technology (BACT) (11-1-84)
    01.01003,17. Board (6-20-74)
    01.01003,18. BTU (11-1-84)
    01.01003,19. Collection Efficiency (4-1-72)
    01.01003,20. Commence Construction or Modification (11-1-84)
    01.01003,21. Complete (11-1-84)
    01.01003,22. Construction (11-1-84)
    01.01003,23. Control Equipment (4-1-72)
    01.01003,24. Controlled Emission (4-1-72)
    01.01003,25. Criteria Pollutant (11-1-84)
    01.01003,26. Department (6-20-74)
    01.01003,27. Designated Facility (11-1-84)
    01.01003,28. Director (12-31-91)
    01.01003,29. Emission (8-21-92)
    01.01003,30. Emission Standard (11-1-84)
    01.01003,31. Emission Standard Violation (11-1-84)
    01.01003,32. Emissions Unit (11-1-84)
    01.01003,33. Equivalent Air-Dried Kraft Pulp (5-16-71)
    01.01003,34. Existing Stationary Source or Facility (11-1-84)
    01.01003,35. Facility (11-1-84)
    01.01003,36. Federal Class I Area (12-31-91)
    01.01003,37. Federal Land Manager (11-1-84)
    01.01003,38. Fire Hazard (3-12-85)
    01.01003,39. Fuel-Burning Equipment (4-1-72)
    01.01003,40. Fugitive Dust (11-1-84)
    01.01003,41. Fugitive Emissions (11-1-84)
    01.01003,42. Garbage (3-12-85)
    01.01003,43. Hazardous Air Pollutant (11-1-84)
    01.01003,44. Hazardous Waste (3-12-85)
    01.01003,45. Hot-Mix Asphalt Plant (1-24-69)
    01.01003,46. Incinerator (4-1-72)
    01.01003,47. Indian Governing Body (11-1-84)
    01.01003,48. Indian Reservation (11-1-84)
    01.01003,49. Industrial Process (11-1-84)
    01.01003,50. Innovative Control Technology (11-1-84)
    01.01003,51. Integral Vista (11-1-84)
    01.01003,52. Kraft Pulping (5-16-71)
    01.01003,53. Lowest Achievable Emission Rate (LAER) (11-1-84)
    01.01003,54. Major Facility (11-1-84)
    01.01003,55. Major Modification (11-1-84)
    01.01003,56. Malfunction (12-5-74)
    01.01003,57. Mandatory Federal Class I Area (11-1-84)
    01.01003,58. Modification (11-1-84)
    01.01003,59. Monitoring (4-1-72)
    01.01003,60. Multiple Chamber Incinerator (4-1-72)
    01.01003,61. Net Emissions Increase (12-31-91)
    01.01003,62. New Stationary Source or Facility (12-31-91)
    01.01003,63. Nonattainment Area (11-1-84)
    01.01003,64. Noncondensables (4-1-72)
    01.01003,65. Odor (4-1-72)
    01.01003,66. Opacity (11-1-84)
    01.01003,67. Open Burning (4-1-72)
    01.01003,68. Operating Permit (12-31-91)
    01.01003,69. Particulate Matter (4-1-72)
    01.01003,70. Particulate Matter Emissions (5-16-90)
    01.01003,71. Permit to Construct (12-31-91)
    01.01003,72. Person (11-1-84)
    01.01003,73. PM-10 (5-16-90)
    01.01003,74. PM-10 Emissions (5-16-90)
    01.01003,75. Portable Equipment (11-1-84)
    01.01003,76. PPM (parts per million) (4-1-72)
    01.01003,77. Prescribed Fire Management Burning (3-12-85)
    01.01003,78. Primary Ambient Air Quality Standard (4-1-72)
    01.01003,79. Process or Process Equipment (11-1-84)
    01.01003,80. Process Weight (11-1-84)
    01.01003,81. Process Weight Rate (11-1-84)
    01.01003,82. Reasonable Further Progress (RFP) (11-1-84)
    01.01003,83. Salvage Operations (4-1-72)
    01.01003,84. Secondary Ambient Air Quality Standard (4-1-72)
    01.01003,85. Secondary Emissions (11-1-84)
    01.01003,86. Significant (5-16-90)
    01.01003,87. Significant Contribution (5-16-90)
    01.01003,88. Small Fire (3-12-85)
    01.01003,89. Smoke (4-1-72)
    01.01003,90. Smoke Management Plan (12-31-91)
    01.01003,91. Smoke Management Program (3-12-85)
    01.01003,92. Source (11-1-84)
    01.01003,93. Source Operation (4-1-72)
    01.01003,94. Stack (3-3-87)
    01.01003,95. Standard Conditions (12-31-91)
    01.01003,96. Stationary Source (11-1-84)
    01.01003,97. Time Intervals (11-1-84)
    01.01003,98. Total Suspended Particulates (5-16-90)
    01.01003,99. Trade Wastes (3-12-85)
    01.01003,100. TRS (total reduced sulfur) (5-16-71)
    01.01003,101. Unclassifiable Area (11-1-84)
    01.01003,102. Uncontrolled Emission (11-1-84)
    01.01003,103. Visibility Impairment (11-1-84)
    01.01003,104. Wigwam Burner (4-1-72)
    01.01004, Incorporations by Reference (12-31-91)
    01.01004,01. Locations Within the Department (12-31-91)
    01.01004,02. Federal Publications (5-16-90)
    01.01005. Reporting

[[Page 267]]

    01.01005,01. Requirements by Department (6-26-75)
    01.01005,02. Requirements by Administrator (10-25-72)
    01.01005,03. Format of Reports (4-1-72)
    01.01005,04. Conformance to Rules (12-31-91)
    01.01006. Upset Conditions, Breakdown (12-31-91)
    01.01006,01. Upset Reports (5-7-76)
    01.01006,02. Scheduled Maintenance (5-7-76)
    01.01006,03. Correction of Condition (5-7-76)
    01.01006,04. Auxiliary Equipment (5-7-76)
    01.01008. Circumvention (12-31-91)
    01.01009. Total Compliance (1-24-69)
    01.01010. Sampling and Analytical Procedures (1-24-69)
    01.01011. Provisions Governing Specific Activities
    01.01011,01. Toxic Substances (12-31-91)
    01.01011,02. Modifying Physical Conditions (1-24-69)
    01.01011,03. Source Density (12-31-91)
    01.01011,04. Polychlorinated Biphenyls (PCBs) (12-31-91))
    01.01012. Procedures and Requirements for Permits to Construct and 
Operating Permits
    01.01012,01. Purpose (12-31-91)
    01.01012,02. Permit to Construct (12-31-91)
    01.01012,03. Operating Permit (12-31-91)
    01.01012,04. Application Procedures (12-31-91)
    01.01012,05. Permit Requirements for New and Modified Stationary 
Sources (11-1-84)
    01.01012,06. Permit Requirements for New Major Facilities or Major 
Modifications in Nonattainment Areas (12-31-91)
    01.01012,07. Permit Requirements for New Major Facilities or Major 
Modifications in Attainment or Unclassifiable Areas (12-31-91)
    01.01012,08. Optional Offsets for Permits to Construct (12-31-91)
    01.01012,09. Requirements for Alternative Emission Limits (Bubbles) 
(12-31-91)
    01.01012,10. Requirements for Banking Emission Reduction Credits 
(ERC's) (12-31-91)
    01.01012,11. Requirements for Emission Reduction Credit (11-1-84)
    01.01012,12. Demonstration of Net Air Quality Benefit and Ambient 
Equivalence (5-16-90)
    01.01012,13. Procedure for Issuing Permits (12-31-91)
    01.01012,14. Conditions for Permits to Construct and Operating 
Permits (12-31-91)
    01.01012,15. Obligation to Comply (11-1-84)
    01.01013. Registration Procedures and Requirements for Portable 
Equipment
    01.01013,01. Registration Requirements (12-31-91)
    01.01013,02. Compliance with Regulations (11-1-84)
    01.01014. Stack Heights and Dispersion Techniques
    01.01014,01. Applicability (3-3-87)
    01.01014,02. Definitions (12-31-91)
    01.01014,03. Requirements (3-3-87)
    01.01014,04. Opportunity for Public Hearing (12-31-91)
    01.01014,05. Approval of Field Studies and Fluid Models (12-31-91)
    01.01014,06. No Restriction on Actual Stack Height (3-3-87)
    01.01015--01.01050 (Reserved)
    01.01051. Air Pollution Emergency Regulation (12-31-91)
    01.01052. Episode Criteria
    01.01052,01. Stages (6-28-78)
    01.01052,02. Effect of Stages (6-28-78)
    01.01052,03. Criteria for Defining Episode Stages (6-28-78)
    01.01052,04. Episode Stages: Emergency Episode Air Pollution 
Criteria--Table (4-1-72)
    01.01052,05. Criteria for Defining Levels Within Stages (6-28-78)
    01.01053. Public Notification
    01.01053,01. Information to be Given (12-31-91)
    01.01053,02. Manner and Frequency of Notification (4-1-72)
    01.01053,03. Notification to Sources (6-28-78)
    01.01054. General Rules (6-28-78)
    01.01054.01 Stage 1--Air Pollution Forecast (6-28-78)
    01.01054,02. Stage 2--Alert (6-28-78)
    01.01054,03. Stage 3--Warning (6-28-78)
    01.01054,04. Stage 4--Emergency (12-31-91)
    01.01055. Specific Emergency Episode Abatement Plans for Point 
Sources (12-31-91)
    01.01056--01.01100 (Reserved)
    01.01101. Air Quality Standards and Area Classification
    01.01101,01. Ambient Air Quality Standards (12-31-91)
    01.01101,02. Designation of Attainment, Unclassifiable, and 
Nonattainment Areas (11-1-84)
    01.01101,03. Baselines for Prevention of Significant Deterioration 
(5-16-90)
    01.01101,04. Classification of Prevention of Significant 
Deterioration Areas (11-1-84) except for 01.01101,04.b.ii(a) (12-31-91)
    01.01101,05. Prevention of Significant Deterioration (PSD) 
Increments (12-31-91)
    01.01102--01.01150 (Reserved)
    01.01151. Rules for Control of Open Burning
    01.01151,01. Purpose and Effective Date (12-31-91)
    01.01151,02. Fire Permits, Hazardous Materials and Liability (12-31-
91)
    01.01151,03. Nonpreemption of Other Jurisdictions (12-31-91)
    01.01151,04. General Restrictions (12-31-91)
    01.01151,05. Alternatives to Open Burning (12-31-91)
    01.01152 (Reserved)
    01.01153. Categories of Allowable Burning (12-31-91)

[[Page 268]]

    01.01153,01. Recreational and Warming Fires (3-12-85)
    01.01153,02. Weed Control Fires (3-12-85)
    01.01153,03. Training Fires (12-31-91)
    01.01153,04. Industrial Flares (3-12-85)
    01.01153,05. Residential Solid Waste Disposal Fires (3-12-85)
    01.01153,06. Landfill Disposal Site fires (12-31-91)
    01.01153,07. Orchard Fires (12-31-91)
    01.01153,08. Prescribed Burning (12-31-91) 2401.01153,09. Dangerous 
Material Fires (3-12-85)
    01.01153,10. Infectious Waste Burning (12-31-91)
    01.01154--01.01200 (Reserved)
    01.01201. Visible Emissions (12-21-79)
    01.01201,01. Exemptions (12-21-79)
    01.01201,02. Standards for Exempted Sources (12-31-91)
    01.01201,03. Exception (12-31-91)
    01.01202 (Reserved)
    01.01203. General Restrictions of Visible Emissions From Wigwam 
Burners (12-21-79)
    01.01204--01.01250 (Reserved)
    01.01251. Rules for Control of Fugitive Dust (12-31-91)
    01.01252. General Rules
    01.01252,01. Use of Water or Chemicals (1-25-79)
    01.01252,02. Application of Dust Suppressants (1-25-79)
    01.01252,03. Use of Control Equipment (1-25-79)
    01.01252,04. Covering of Trucks (1-25-79)
    01.01252,05. Paving (1-25-79)
    01.01252,06. Removal of Materials (1-25-79)
    01.01253--01.01300 (Reserved)
    01.01301. Fuel Burning Equipment--Particulate Matter
    01.01301,01. Standards for New Sources (12-21-79)
    01.01301,02. Standards for Minor and Existing Sources (12-21-79)
    01.01301,03. Combinations of Fuels (12-21-79)
    01.01301,04. Averaging Period (12-31-91)
    01.01301,05. Altitude Correction (12-31-91)
    01.10302--01.01326 (Reserved)
    01.01327. Emission Limitations (1-24-69)
    01.01328. Allowable Rate of Emission Based on Process Weight Rate--
Table (1-24-69)
    01.01329. Particulate Matter--New Equipment Process Weight 
Limitations
    01.01329,01. General Restrictions (12-21-79)
    01.01329,02. Minimum Allowable Emission (12-31-91)
    01.10329,03. Averaging Period (12-31-91)
    01.01329,04. Exemption (12-31-91)
    01.01329,05. Emission Standards--Table (12-31-91)
    01.01330. Particulate Matter--Existing Equipment Process Weight 
Limitations (12-31-91)
    01.01330,01. General Restrictions (12-21-79)
    01.01330,02. Minimum Allowable Emission (12-31-91)
    01.01330,03. Averaging Period (12-31-91)
    01.01330,04. Exemptions (12-31-91)
    01.01330,05. Emission Standards--Table (12-31-91)
    01.01331--01.01350 (Reserved)
    01.01351. Rules for Sulfur Content of Fuels (12-31-91)
    01.01352. Definitions as Used in This Regulation
    01.01352,01. ASTM (4-1-72)
    01.01352,02. Distillate Fuel Oil (4-1-72)
    01.01352,03. Residual Fuel Oil (4-1-72)
    01.01353. Residual Fuel Oils
    01.01353,01. Standards for 1973 (6-28-78)
    01.10353,02. Standards Beginning 1974 (6-28-78)
    01.01354. Distillate Fuel Oil
    01.01354,01. ASTM Grade 1 (4-1-72)
    01.01354.02. ASTM Grade 2 (4-1-72)
    01.01355. Coal (4-1-72)
    01.01356--01.01400 (Reserved)
    01.01401. Rules for Control of Fluoride Emissions (12-31-91)
    01.01402. General Rules (12-31-91)
    01.01402,01. Emission Limitations--Phosphate Fertilizer Plants (12-
31-91)
    01.01402,02. Monitoring, Testing, and Reporting Requirements (12-31-
91)
    01.01402,03. Source Specific Permits (12-31-91)
    01.01402,04. Exemptions (12-31-91)
    01.01403--01.01450 (Reserved)
    01.01451. Rules for Control of Odors (12-31-91)
    01.01452. General Rules
    01.01452,01. General Restrictions (4-1-72)
    01.01452,02. Restrictions on Rendering Plants (4-1-72)
    01.01453--01.01500 (Reserved)
    01.01501. Rules for Control of Incinerators (12-31-91)
    01.01502. Emission Limits (4-1-72)
    01.01503. Design Standards (4-1-72)
    01.01504. Exceptions (12-31-91)
    01.01505--01.01550 (Reserved)
    01.01551. Rules for Control of Motor Vehicle Emissions (12-31-91)
    01.01552. Pollution Control Devices (4-1-72)
    01.01553. Visible Emission Standards (4-1-72)
    01.01554--01.01600 (Reserved)
    01.01601. Rules for Control of Hot-Mix Asphalt Plants (12-31-91)
    01.01602. Emission Limits (12-31-91)
    01.01603 (Reserved)
    01.01604. Multiple Stacks (1-24-69)
    01.01605. Fugitive Dust Control
    01.01605,01. Fugitive Emission Controls (1-24-69)
    01.01605,02. Plant Property Dust Controls (1-24-69)
    01.01606--01.01650 (Reserved)
    01.01651. Rules for Control of Kraft Pulping Mills (12-31-91)
    01.01652. Statement of Policy
    01.01652,01. Best Treatment and Control (5-16-71)

[[Page 269]]

    01.01652,02. Monitoring (5-16-71)
    01.01652,03. Research (5-16-71)
    01.01652,04. Available Technology Required (5-16-71)
    01.01652,05. New Source Standards (5-16-71)
    01.10653. General Rules (12-31-91)
    01.01654. Recovery Furnace Standards (5-16-71)
    01.01655. Recovery Furnace TRS Standards (5-16-71)
    01.01656. Digester and Evaporator Standards (5-16-71)
    01.01657. Recovery Furnace Particulate Standards (5-16-71)
    01.01658. Lime Kiln Standards (5-16-71)
    01.01659. Smelt Tank Standards (5-16-71)
    01.01660. Monitoring and Reporting
    01.01660,01. Continuous TRS Monitoring (5-16-71)
    01.01660,02. Particulate Monitoring (5-16-71)
    01.01660,03. Monitoring Program (12-31-91)
    01.01660,04. Reporting (5-16-71)
    01.01660,05. Miscellaneous Reports (5-16-71)
    01.01661. Special Studies
    01.01661,01. Areas to be Included (5-16-71)
    01.01661,02. Additional Studies (5-16-71)
    01.01662. Exceptions (12-31-91)
    01.01663--01.01750 (Reserved)
    01.01751. Rules for Control of Rendering Plants (12-31-91)
    01.01752. Control of Cookers (4-1-72)
    01.01753. Control of Expellers (4-1-72)
    01.10754. Control of Plant Air (4-1-72)
    01.01755. Exceptions (12-31-91)
    01.01756--01.01800 (Reserved)
    01.01801. Rules for Control of Sulfur Oxide Emissions From Sulfanic 
Acid Plants (12-31-91)
    01.01802. General Restrictions (10-25-72)
    01.01803. Monitoring and Testing (12-31-91)
    01.01804. Compliance Schedule (12-31-91)
    01.01805--01.01852 (Reserved)
    01.01855 (Reserved)
    01.01857--01.01950 (Reserved)
    01.01969--01.01995 (Reserved)
    01.01996. Administrative Provisions (12-31-91)
    01.01998. Inclusive Gender and Number (12-31-91)
    01.01999. Severability (12-31-91)
Appendix B Emission Inventory--Ada Country Carbon Monoxide NonAttainment 
          Area (submitted 1/15/80)
Appendix G Permits--Silver Valley (submitted 1/15/80)
Appendix H Permits--Lewiston (submitted 12/4/80, 2/5/81)
Appendix J Permits--Pocatello (submitted 3/7/80)
Appendix K Permits--Soda Springs (submitted 1/15/80)
Beker Industries, 1973 Consent Order (40 CFR 52.670(c)(15)--SO2 Emission 
          Limitation (submitted 7/28/75)
40 CFR part 52, subparts A and N

[58 FR 39448, July 23, 1993]
Sec. 52.680  [Reserved]



Sec. 52.681  Permits to construct and operating permits.

    (a) Emission limitations and other provisions contained in Permits 
to Construct or Operating permits, issued by the State of Idaho 
Department of Health and Welfare in accordance with the federally-
approved Rules and Regulations for the Control of Air Pollution in Idaho 
Manual sections 16.01.01002 Definitions, 16.01.01012 Procedures and 
Requirements for Permits to Construct and Operating Permits, 16.01.01014 
Stack Heights and Dispersion Techniques, and 16.01.01101 Ambient Air 
Quality Standards and Area Classifications, except for Operating Permits 
authorizing the use of alternative emission limits (bubbles) under 
sections 16.01.01012,03.a(1) and 16.01.01012,09 or compliance schedule 
extensions under section 16.01.01012,03.d, shall be the applicable 
requirements of the federally-approved Idaho SIP (in lieu of any other 
provisions) for the purposes of section 113 of the Clean Air Act and 
shall be enforceable by EPA and by any person in the same manner as 
other requirements of the SIP.
    (b) Operating Permits authorizing the use of alternative emission 
limits (bubbles) under sections 16.01.01012,03.a(1) and 16.01.01012,09, 
including the use of banked emission reduction credits pursuant to 
section 16.01.01012,10 in a bubble, and operating permits authorizing 
compliance schedule extensions under section 16.01.01012,03.d, must be 
submitted to EPA for approval as revisions to the Idaho SIP before they 
shall become the applicable requirements of the SIP.

[58 FR 39450, July 23, 1993]
Sec. 52.682  [Reserved]



Sec. 52.683  Significant deterioration of air quality.

    (a) The Rules and Regulations for the Control of Air Pollution in 
Idaho Manual, specifically, sections 16.01.01002 Definitions, 
16.01.01012 Procedures and Requirements for Permits to Construct and 
Operating Permits, 16.01.01014 Stack Heights and Dispersion Techniques, 
and 16.01.01101 Ambient Air

[[Page 270]]

Quality Standards and Area Classifications, are approved as meeting the 
requirements of part C of the Clean Air Act for preventing significant 
deterioration of air quality.
    (b) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for Indian reservations since the plan does not include 
approvable procedures for preventing significant deterioration of air 
quality on Indian reservations. Therefore, the provisions of Sec. 52.21 
(b) through (w) are hereby incorporated and made part of the applicable 
plan for Indian reservations in the State of Idaho.
    (c) The requirements of section 165 of the Clean Air Act are not met 
for sources subject to prevention of significant deterioration 
requirements prior to August 22, 1986, the effective date of EPA's 
approval of the rules cited in paragraph (a) of this section. Therefore, 
the provisions of Sec. 52.21(b), (c), (d), and (h) through (w) are 
hereby incorporated and made part of the applicable plan for sources 
subject to Sec. 52.21 prior to August 22, 1986.

[58 FR 39450, July 23, 1993]
Sec. 52.684-52.689  [Reserved]



Sec. 52.690  Visibility protection.

    (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 
Sec. 52.26 are hereby incorporated and made a part of the applicable 
plan for the State of Idaho.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Idaho.

[50 FR 28553, July 12, 1985; 51 FR 23759, July 1, 1986, as amended at 52 
FR 45137, Nov. 24, 1987]



Sec. 52.691  Extensions.

    The Administrator, by authority delegated under section 188(d) of 
the Clean Air Act, as amended in 1990, hereby extends for one year 
(until December 31, 1995) the attainment date for the Power-Bannock 
Counties PM-10 nonattainment area and the Sandpoint PM-10 nonattainment 
area.

[61 FR 20732, May 8, 1996]



                           Subpart O--Illinois



Sec. 52.719  Identification of plan--Conditional approval.

    The plan revision commitments listed in paragraph (a) of this 
section were submitted on the date specified.
    (a) On May 15, 1992, Illinois submitted a part D particulate matter 
(PM) nonattainment area plan for the Lake Calumet, McCook, and Granite 
City moderate nonattainment areas. This plan included control measures 
adopted in a final opinion and order of the Illinois Pollution Control 
Board, on April 9, 1992, in proceeding R91-22. The USEPA is 
conditionally approving the State's plan, contingent on fulfillment of 
the State's commitment to meet 5 requirements by November 20, 1995. The 
first requirement is for the State to adopt and submit additional 
enforceable control measures, if necessary, that will achieve 
attainment. The second requirement is for the State to submit a complete 
and accurate emissions inventory (including corrected emissions 
estimates, as well as any new control measures which may be needed) and 
an acceptable modeled attainment demonstration. The third requirement is 
for the State to impose an opacity limit for coke oven combustion stacks 
which is reflective of their mass emission limits. The fourth 
requirement is for the State to provide an appropriate regulation for 
the electric arc furnaces at American Steel Foundries. The fifth 
requirement is for the State to correct the following three other 
enforcement concerns: First, section 212.107, Measurement Methods for 
Visible Emissions, states that Method 22 should be used for ``detection 
of visible emissions''. This could be misinterpreted as requiring use of 
Method 22 for sources subject to opacity limits as well as sources 
subject to limits on detectability of visible emissions. USEPA 
recommends revising the language of the rule to state that ``for both 
process emission sources and fugitive particulate matter sources, a 
determination as to the presence or absence of visible emissions shall 
be in accordance with

[[Page 271]]

Method 22''. Second, measurement methods for opacity, visible emissions, 
and ``PM'' are in section 212.110, and in separate sections 212.107, 
212.108, and 212.109. The measurement methods in these sections are not 
always consistent with each other. USEPA recommends that the measurement 
methods in 212.107, 212.108, and 212.109 be integrated with section 
212.110. Third, several of the submitted rules contain language which 
exempts sources with no visible emissions from mass emissions limits. It 
is USEPA's understanding that the State intends for these exemptions to 
apply to small, well-controlled sources. However, the way the exemptions 
are worded, they could be misinterpreted to exclude many other sources 
from mass emissions limits. The rules containing these exemptions need 
to be clearer about exactly what sources are to be exempt, and when. If 
the State fails to meet any portion of its commitment by the date listed 
above, the USEPA's conditional approval will automatically become a 
limited approval/disapproval without further regulatory action.

                     (1) Incorporation by reference.

    (i) Illinois Administrative Code Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter 1: Pollution Control Board, 
Subchapter c: Emission Standards and Limitations for Stationary Sources, 
Part 211:
    Definitions and General Provisions, Subpart A: General Provisions, 
Section 211.101. Adopted at 16 Illinois Register 7656, effective May 1, 
1992. (ii) Illinois Administrative Code Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control 
Board, Subchapter c: Emission Standards and Limitations for Stationary 
Sources, Part 212: Visible and Particulate Matter Emissions, Subpart A: 
General, Sections 212.107, 212.108, 212.109, 212.110, 212.113; Subpart 
E: Particulate Matter Emissions from Fuel Combustion Sources, Section 
212.210; Subpart K: Fugitive Particulate Matter, Sections 212.302, 
212.309, 212.316; Subpart L: Particulate Matter from Process Emission 
Sources, Section 212.324; Subpart N: Food Manufacturing, Section 
212.362; Subpart Q: Stone, Clay, Glass and Concrete Manufacturing, 
Section 212.425; Subpart R: Primary and Fabricated Metal Products and 
Machinery Manufacture, Section 212.458; Subpart S: Agriculture, Section 
212.464; Section 212 Illustration D: McCook Vicinity Map, Illustration 
E: Lake Calumet Vicinity Map, and Illustration F: Granite City Vicinity 
Map. Adopted at 16 Illinois Register 7880, effective May 11, 1992.
    (b) [Reserved]

[59 FR 59656, Nov. 18, 1994]



Sec. 52.720   Identification of plan.

    (a) Title of plan: ``State of Illinois Air Pollution Implementation 
Plan.''
    (b) The plan was officially submitted on January 31, 1972.
    (c) The plan revision listed below were submitted on the dates 
specified.
    (1) The role of the City of Chicago as a local agent was defined in 
a letter from the State Environmental Protection Agency on March 13, 
1972.
    (2) Copies of the Illinois Pollution Control Board Regulations, 
Chapter 2, Parts I, II and III were submitted May 4, 1972, by the 
Governor.
    (3) A document describing the role of the Chicago Department of 
Environmental Control was submitted July 28, 1972, by the State 
Environmental Protection Agency.
    (4) Copies of the revisions to the State air episode regulations 
were submitted on August 29, 1972, by the Governor.
    (5) Compliance schedules submitted on March 13, 1973, by the 
Pollution Control Board.
    (6) Compliance schedules submitted on April 3, 1973, by the 
Pollution Control Board.
    (7) Transportation control plan submitted on April 17, 1973, by the 
Pollution Control Board.
    (8) Compliance schedules submitted on May 3, 1973, by the Pollution 
Control Board.
    (9) Compliance schedules submitted on June 15, 1973, by the 
Pollution Control Board.
    (10) Compliance schedules submitted on August 7, 1973, by the 
Pollution Control Board.
    (11) Information concerning the coal ban in the Chicago area was 
submitted on October 22, 1973, by Governor Walker.

[[Page 272]]

    (12) On July 22, 1976, the Director of the Illinois Environmental 
Protection Agency submitted revised emergency episode regulations.
    (13) On November 29, 1977, the Director of the Illinois 
Environmental Protection Agency submitted grain handling and drying 
emission limitations as revisions to Rule 203.
    (14) Revision consisting of an Illinois Pollution Control Board 
Order issued on July 20, 1978 to Commonwealth Edison Company, Christian 
County, Illinois and submitted on August 14, 1978 by the Illinois 
Environmental Protection Agency.
    (15) Revision consisting of an Illinois Pollution Control Board 
Order issued to Shell Oil Company's Wood River refinery on December 14, 
1978 by the Illinois Environmental Protection Agency.
    (16) On April 4, 1979, the State submitted its draft nonattainment 
area plan for all areas designated nonattainment as of March 3, 1978 and 
as revised on October 5, 1978. This submittal contained a request for 
extensions of the statutory attainment deadline for CO and 03. The 
submittal also included a vehicle emission inspection and maintenance 
program and a new source review plan. Although the State submittal also 
included the following provisions, U.S. EPA is taking no action to 
include them in the federally approved SIP at this time: the portions of 
Rules 101, 103 and 105 relating to the provisions addressing 
malfunctions, general requirements of the Clean Air Act which are not 
Part D requirements, and the provisions covering open burning, mobile 
source emission standards, diesel locomotive emission standards, sulfur 
dioxide emissions for certain fuel combustion sources located outside 
major metropolitan areas, compliance dates for organic emission 
limitations, particulate emissions from low carbon waste incinerators, 
and adoption of Federal New Source Performance Standards. In addition, 
U.S. EPA is not rulemaking at this time on those portions of the 
following rules which contain specified changes made between the 
publication of the notice of proposed rulemaking and the final 
rulemaking action:
    (i)--(iii) [Reserved]
    (iv) The new materials in Section 4.11 of the Rules for Issuance of 
Permits to New or Modified Air Pollution Sources;
    (v) The addition of a definition of ``reconstruction'' in Section 
4.7 of the Rules for Issuance of Permits;
    (vi) The procedure allowing external offsets contained in Section 10 
of the Rules for Issuance of Permits.
    (17) On August 29, 1979, the State submitted additional information 
and clarification for the nonattainment area plan in response to USEPA's 
July 2, 1979 notice of proposed rulemaking.
    (18) On September 20, 1979, the State submitted a summary of public 
hearing comments on the plan.
    (19) On October 30, 1979, the State submitted copies of Illinois 
Pollution Control Board final orders for control of VOC emissions from 
stationary sources (Rule 205), sources of fugitive particulate (Rule 
203(f)), and particulate emissions from iron and steel sources (Rule 
203(d)).
    (20) On December 20, 1979, the State submitted a letter containing 
the dates that most of the regulatory and nonregulatory portions of the 
nonattainment area plans were finally adopted by the Illinois Pollution 
Control Board. Rule 205 containing RACT controls for stationary sources 
of VOC was effective in the State on July 18, 1979. Rule 203(f) 
governing fugitive dust emissions was effective in the State on 
September 18, 1979.
    (21) On January 25, 1980, the State submitted a copy of finally 
enacted ``Rules for the Issuance of Permits to New or Modified Air 
Pollution Sources Affecting Nonattainment Areas.'' Sections 
5.1(a)(2)(ii) and 5.1(a)(2)(iii) of these rules were reserved by the 
State. The effective date of these Rules was January 16, 1980.
    (22) On March 21, 1979, the State of Illinois submitted to the USEPA 
revised regulations for control of sulfur dioxide emissions. On 
September 19, 1979, the State submitted additional information on these 
revised regulations to the USEPA.
    (23) On January 17, 1980 and on February 7, 1980 the State submitted 
further information and clarifications to Rule 204.
    (24) On September 19, 1979, the State of Illinois submitted a 
revision to Rule

[[Page 273]]

204(e)(1) for the Commonwealth Edison Company. The revision approves an 
emission limitation of 105,162 lbs SO2/hour for the Kincaid 
Generating Station in Christian County, Illinois.
    (25) On April 30, 1980, the State submitted revisions to the 
transportation control plan for northeast Illinois (Chicago).
    (26) On December 20, 1979, the State of Illinois submitted a 
revision to provide for modification of the existing air quality 
surveillance network.
    (27) On January 8, 1980, the State submitted an Opinion and Final 
Order of the Pollution Control Board (dated November 19, 1979) which 
deletes Rule 206(d) of Chapter 2 from the Illinois Air Pollution Control 
Regulations.
    (28) On September 18, 1979, the State submitted a Final Order of the 
Pollution Control Board (dated April 12, 1979) which amended Rule 
205(g)(1) of Chapter 2 of the Illinois Air Pollution Control 
Regulations.
    (29) On July 21, 1981, the State submitted Volume 9 Lead, of the 
Illinois State Implementation Plan for Air Pollution Control for 
incorporation in the Illinois State Implementation Plan. This plan 
covers all areas in Illinois except for Granite City in the St. Louis 
Interstate AQCR.
    (30) On July 29, 1980, the State submitted a May 29, 1980, Opinion 
and Order of the Illinois Pollution Control Board granting a variance 
from the requirements Rule 203(d)(8)(B) of Chapter 2 of the Air 
Pollution Control Regulations to Continental Grain Company's grain 
elevator located in Crossville, White County, Illinois. This variance 
expired July 1, 1980.
    (31) On April 4, 1980, the State submitted a November 29, 1979, 
Opinion and Order of the Illinois Pollution Control Board (IPCB) and 
Supplementary IPCB Orders dated January 24, 1980, and February 7, 1980. 
These Orders grant 13 Caterpillar Tractor Company boilers a variance 
from the requirements of IPCB (A), Rule 203(g)(1)(C)(i) and/or Rule 
203(g)(1)(D) which regulate particulate emissions from new and existing 
sources. No action is taken at this time on variance provisions for 
Mapleton facility boilers 2, 3, 4, and 5. This variance expired on 
October 8, 1981.
    (32) On August 31, 1981, the State of Illinois submitted a revision 
to the Illinois State Implementation Plan in the form of a July 9, 1981, 
Order of the Illinois Pollution Control Board (R-77-15). This Order 
creates Rule 204(c)(1)(E) which establishes sulfur dioxide (SO2!) 
emission limitations of 5.5 lbs/SO/MMBTU for solid fuel combustion 
sources having actual heat input not greater than 250 million BTU's per 
hour owned or operated by Bemis Company, Inc., Celotex Corporation or 
Sherex Corporation. On November 17, 1981, the State submitted additional 
information in support of this revision.
    (33) On August 20, 1980, and March 20, 1981, the State submitted 
additional information on the transportation control plans for the 
Northeast Illinois (Chicago) Area.
    (34) On October 15, 1980, the State submitted additional information 
on the transportation control plans for the Peoria Metropolitan Area.
    (35) On April 1, 1981, the State submitted additional information on 
the transportation control plans for the St. Louis Metropolitan 
(Illinois) Area.
    (36) On December 10, 1980, the State submitted a July 24, 1980, 
Opinion and Order of the Illinois Pollution Control Board and a 
September 18, 1980, Order of the Board granting Bunge Corporation's 
Cairo, Illinois soybean processing plant and grain elevator variance 
from Illinois Pollution Control Board's particulate emission standards 
under Rules 203(g)(1)(D) and 103(b)(1) of Chapter 2 of the Air Pollution 
Control Regulations through October 15, 1981.
    (37) On July 17, 1980, the State submitted an April 3, 1980, Opinion 
and Order of the Illinois Pollution Control Board adopting a December 
13, 1979, Proposed Opinion and Order of the Board which exempted certain 
small explosive waste incinerators from the requirements of Rule 203(e) 
Particulate Emission Standards and Limitations for incinerators and Rule 
206(b) Carbon Monoxide Emissions Standards and Limitations for 
incinerators.
    (38) On May 10, 1982, the State submitted a February 4, 1982, 
Illinois Pollution Control Board Opinion and Order (PCB 81-184) granting 
a variance from the requirements of Rules 205(m)(1)(B) and 204(n)(1)(G) 
of Chapter

[[Page 274]]

2 of the Air Pollution Control Regulations to the Lyon Metal Products, 
Incorporated, Montgomery, Illinois facility. This variance expires on 
May 31, 1985.
    (39) On October 1, 1981, the State submitted a report in 
satisfaction of the Total Suspended Particulate Control Strategy 
approval condition in which the State agreed to conduct an analysis of 
the potential air quality impact from storage piles with uncontrolled 
emissions of less than 50 tons per year, to submit the results of any 
analysis to EPA, to submit any necessary regulations to the Illinois 
Pollution Control Board, and promulgate and submit any necessary 
regulations to EPA. This report concluded that no further regulations 
were needed.
    (40) EPA Study Volatile Organic Compound Emissions from Solvent 
Cleaning Operations in the State of Illinois (EPA 905/4-80-008) was 
prepared to satisfy the Ozone Control Strategy approval condition in 
which the State agreed to conduct a study to demonstrate that the three 
pound per hour, 15 pound per day exemption for solvent metal cleaners 
contained in Rule 205(k) represents RACT, to submit the results of the 
study to EPA, to submit the necessary regulations to the Illinois 
Pollution Control Board and promulgate and submit any necessary 
regulations to EPA. The State reviewed this report and in a February 11, 
1981, letter to EPA noted their agreement with the findings of the 
report and indicated that because there was no need for further 
regulations, this condition is satisfied.
    (41) On December 7, 1981, the State submitted a October 8, 1981, 
Illinois Pollution Control Board Final Order (R79-11). This Final Order 
amends Rule 203(g)(1) by adding subsection (E).
    (42) On January 4, 1983, the State submitted a revision to the 
Illinois State Implementation Plan in the form of an October 27, 1982, 
Illinois Pollution Control Board (IPCB) Opinion and Order (PCB 82-88). 
This Opinion and Order grants a variance from the requirements of Rule 
203(a) of Chapter 2 of the Air Pollution Control Regulations to a 
proposed fluidized bed combustion boiler at B.F. Goodrich's Henry 
County, Illinois facility. This variance continues until October 1, 
1987, or until the facility is no longer subject to Rule 206(a), 
whichever comes first.
    (43) On July 29, 1982, the State submitted a revision to the 
Illinois State Implementation Plan in the form of a May 28, 1981, 
Illinois Pollution Control Board (IPCB) Final Opinion of the Board (R78-
17). This Final Opinion deletes Rule 204(c)(1)(D) and the reference to 
it in Rule 204(h) from the IPCB Air Pollution Control Regulations.
    (44) On March 17, 1983, the Illinois Environmental Protection Agency 
(IEPA) submitted a revision to its ozone SIP for Chrysler's Belvidere 
facility. The revision request contains an alternative compliance time 
schedule with interim emission limitations which is in the form of a 
variance for prime coating and prime surface coating operations. Final 
compliance is changed from December 31, 1982 to December 31, 1987.
    (45) On August 19, 1983, the State of Illinois submitted a revision 
to the Illinois State Implementation Plan in the form of a July 26, 
1983, Order of the Illinois Pollution Control Board (R82-12). This Order 
creates Rule 313 which establishes 1.5 micrograms per cubic meter, 
maximum arithmetic mean, averaged over a calendar quarter as the State's 
ambient air quality standard for lead. The Board also adopted, as part 
of Rule 313, a measurement method for determining compliance with the 
standard.
    (46) On August 15, 1983, the Illinois Environmental Protection 
Agency submitted a May 19, 1983, Opinion and Order (PCB-82-147) of the 
Illinois Pollution Control Board (IPCB) granting Del Monte Corporation's 
Can Manufacturing Plant No. 115 located in Rochelle, Ogle County, 
Illinois, a variance from the IPCB volatile organic compound emission 
standards under Rule 205(n)(1)(B)(i) and Rule 205(n)(1)(B)(vi) of 
Chapter 2: Air Pollution Regulations. The variance expires on December 
31, 1984.
    (47) On March 24, 1983, and May 3, 1983, the State submitted 
information that indicated that a February 21, 1980 (45 FR 11472), 
conditional approval of the incorporation of a revised Part D sulfur 
dioxide control strategy into the Illinois State Implementation Plan has

[[Page 275]]

been satisfied for Cincinnati, Pekin and Elm Grove Townships in Tazewell 
County and for Logan and Limestone Townships in Peoria County. This 
approval condition required that the SIP include a reanalysis of the 
Pekin, Illinois area; a submittal of the analysis results to USEPA; the 
proposal of any necessary regulations to the Illinois Pollution Control 
Board necessary to insure attainment and maintenance of the sulfur 
dioxide standard; and the promulgation of any necessary regulations. Any 
promulgated regulations must be submitted to USEPA.
    (48)--(49) [Reserved]
    (50) On May 3, 1983, the State requested that USEPA incorporate IPCB 
Rule 204 (f)(2) into the Illinois SIP. Rule 204(f)(2) was adopted by 
Illinois as part of a February 24, 1983, Order of the Board (R80-22). 
USEPA approves the incorporation of Rule 204(f)(2) as it pertains to 
Pekin Energy, a source in the Peoria major metropolitan area.
    (51) On January 30, 1984, the State submitted Rule 204(f) as 
contained in a February 24, 1983, Order of the IPCB (R80-22) as it 
applies to sources in the Peoria Major Metropolitan area for 
incorporation in the SIP. USEPA approves the incorporation of Rule 
204(f) into the SIP as it applies to all sources in Peoria and Tazewell 
Counties except Caterpillar Tractor Mapleton and East Peoria Plants. No 
action is taken on Rule 204(f) as it applies to the Chicago or St. Louis 
(Illinois--portion) Major Metropolitan Areas or on Rule 204(f) (1) and 
(2).
    (52) [Reserved]
    (53) On September 30, 1983, the State submitted a revision to the 
Illinois State Implementation Plan in the form of a lead plan to assure 
attainment and maintenance of the NAAQS in the Granite City area. The 
Illinois plan includes a discussion of air quality data measured since 
1978, an emission inventory of three source categories capable of 
emitting lead, atmospheric modeling analyses and proposed necessary 
control strategies. On March 19, 1984, the State submitted five consent 
decrees entered by the State of Illinois with the Circuit Court for the 
Third Judicial Circuit of Madison County and filed March 16, 1984, for 
incorporation in the lead plan. These include People of the State of 
Illinois vs. Taracorp, Inc.; People of the State of Illinois vs. St. 
Louis Lead Recyclers; People of the State of Illinois vs. First Granite 
City National Bank; People of the State of Illinois, vs. Stackorp Inc.; 
and People of the State of Illinois vs. B.V. and G.V. Transport Company.
    (54) [Reserved]
    (55) On November 14, 1985, the State of Illinois submitted a 
negative declaration for natural gas/gasoline processing plants.
    (i) Incorporation by reference.
    (A) Letter dated November 14, 1985, from Michael J. Hayes, Manager, 
Division of Air Pollution Control, Illinois Environmental Protection 
Agency.
    (56) On June 19, 1984, the State submitted Illinois Environmental 
Protection Agency Rule 252 entitled, ``Rules for Governing Public 
Participation in the Air Pollution Permit Program for Major Source in 
Nonattainment Areas.''
    (i) Incorporation by reference.
    (A) Illinois Environmental Protection Agency Rule 252 entitled, 
``Rule for Governing Public Participation in the Air Pollution Permit 
Program for Major Sources in Nonattainment Areas,'' published on June 8, 
1984.
    (57)--(60) [Reserved]
    (61) On March 15, 1984 and June 14, 1984 the Illinois Environmental 
Protection Agency submitted commitments for satisfying several 
outstanding conditions to the sulfur dioxide [52.724(a)(1)] State 
Implementation Plan.
    (62) On January 16, 1985, the Illinois Environmental Protection 
Agency submitted a variance from Illinois Rule 206(a).
    (i) Incorporation by reference.
    (A) June 14, 1984, Opinion and Order of the Illinois Pollution 
Control Board (IPCB), PCB 84-19. This is a variance from Illinois Rule 
206(a) until June 14, 1987, for CO emissions from a fluidized bed 
combustion boiler at Midwest Solvents Company's facility in Tazewell 
County, Illinois.
    (63) On February 6, 1985, the Illinois Environmental Protection 
Agency (IEPA) submitted a site-specific revision to its total suspended 
particulates State Implementation Plan for Villa

[[Page 276]]

Grove's ``Dump and Boot Pit'' emissions in Champaign County, Illinois.
    (i) Incorporation by reference.
    (A) Illinois Pollution Control Board, Opinion and Order of the 
Board, PCB 84-53, Villa Grove's ``Dump and Boot Pit'' site-specific TSP 
revision. This revision extends the compliance date for control 
requirements on these emissions until September 1, 1987, and was adopted 
on July 14, 1984.
    (64) On May 13, 1985, the Illinois Environmental Protection Agency 
(IEPA) submitted a variance from Illinois Rule 202(b) for a Brule 
pathological waste incinerator (BPWI) at NPWC's facility located at the 
Great Lakes Naval Base, Great Lakes, Shields Township, Illinois, as a 
revision to its TSP SIP. Shields Township is an attainment area for both 
the primary and secondary national ambient air quality standards (NAAQS) 
for TSP.
    (i) Incorporation by reference.
    (A) Opinion and Order of the Illinois Pollution Control Board 84-156 
adopted on March 22, 1985.
    (65) Submitted from the Illinois Environmental Protection Agency 
(IEPA) dated July 22, 1985, requesting an extended compliance schedule 
for Precision Coatings Incorporated (PCI) coating Machine Number 2.
    (i) Incorporation by reference.
    (A) Illinois Pollution Control Board Opinion and Order of the Board, 
PCB 84-117, which was adopted on February 20, 1985, and a modification 
to PCB 84-117 which was adopted on April 14, 1985.
    (66) On March 27, 1985, the Illinois Environmental Protection Agency 
(IEPA) submitted a site-specific revision to its Carbon Monoxide State 
Implementation Plan for Anderson Clayton Foods, Inc. (ACF), a variance 
from 35 Illinois Administrative Code (IAC) 216.121 which governs Carbon 
Monoxide emissions from the Fluidized Bed Combuster retrofitted boiler 
at ACF's Jacksonville, Illinois facility. IAC 216.121 was incorporated 
in the Illinois SIP on May 31, 1972 (37 FR 10862), as Illinois Pollution 
Control Board Rule 206(a).
    (i) Incorporation by reference.
    (A) Illinois Pollution Control Board Opinion and Order of the Board, 
PCB 84-147, which was adopted on January 24, 1985.
    (67) On April 18, 1983, the State of Illinois submitted a 0.60 lb 
TSP/MMBTU emission limit for the City of Rochelle Municipal Steam Power 
Plant. On May 24, 1985, it submitted a revised modeling analysis.
    (i) Incorporation by reference.
    Illinois Pollution Control Board Order (R78-15), Rule 
203(g)(1)(C)(iii) which is dated February 24, 1983.
    (68) On May 8, 1985, the Illinois Environmental Protection Agency 
submitted a variance until December 31, 1987, from Illinois Rule 
205(n)(1)(b)(v) and Rule 205(n)(1)(b)(vi), for American Can 
Corporation's Hoopeston, Illinois facility in the form of a January 24, 
1985, Opinion and Order of the Illinois Pollution Control Board (PCB 84-
106).
    (i) Incorporation by reference. (A) A January 24, 1985, Opinion and 
Order of the Illinois Pollution Control Board (ICPB), PCB 84-106. This 
is a variance until December 31, 1987, for the coating reformulation 
programs at American Can Corporation's Hoopeston facility located in 
Hoopeston, Illinois.
    (69) On January 28, 1983, the Illinois Environmental Protection 
Agency submitted a December 30, 1982, Illinois Pollution Control Board 
Order (R80-5). Illinois Pollution Control Board Rules 205(l) (4) through 
(10), 205(t) and 205(u) are approved.
    (i) Incorporation by reference. (A) Ilinois Pollution Control Board 
Rules 205(l)(4) through (10), 205(t) and 205(u) as contained in December 
30, 1982, Illinois Pollution Control Board Order R80-5.
    (ii) Additional material--none.
    (70) On February 13, 1986, the Illinois Environmental Protection 
Agency (IEPA) submitted a revision to its ozone SIP for the Fedders-
USA's facility located in Effingham, Effingham County, Illinois. It 
grants Fedders-USA a compliance date extension for control requirements 
from October 1, 1982, to April 1, 1986, and provides for a legally 
enforceable compliance program.
    (i) Incorporation by reference.
    (A) A January 9, 1986, Opinion and Order of the Illinois Pollution 
Control Board (IPCB), PCB 83-47.
    (71) On October 20, 1983, the Illinois Environmental Protection 
Agency submitted a site-specific revision to Illinois' sulfur dioxide 
plan for Illinois

[[Page 277]]

Power Company's Baldwin Power Station. The revised SO2 emission 
limitations are 101,966 lbs/hour, in the aggregate, and 6 lbs/MMBTU.
    (i) Incorporation by reference. (A) Emission limits within Paragraph 
1 of Illinois Pollution Control Board Final Order PCB 79-7, which was 
adopted September 8, 1983.
    (72) [Reserved]
    (73) On May 6, 1985, the Illinois Environmental Protection Agency, 
requested an extended compliance schedule for National Can Corporation's 
Rockford facility.
    (i) Incorporation by reference.
    (A) Illinois Pollution Control Board, April 1, 1982, Opinion and 
Order of the Board, PCB 81-189 and a January 24, 1985, Opinion and Order 
PCB 84-108. These orders grant National Can Corporation (Rockford Plant) 
a variance from the existing VOC SIP requirements from December 31, 
1982, until December 31, 1983, and from December 31, 1983, until 
December 31, 1985, respectively.
    (74) On October 30, 1986, the Illinois Environmental Protection 
Agency submitted a September 25, 1986, Final Order of the Illinois 
Pollution Control Board R85-33 revises the State's coke oven pushing and 
charging rules and recodifies some related rules.
    (i) Incorporation by reference. (A) Order of the Illinois Pollution 
Control Board R85-33, which was adopted September 25, 1986.
    (75)--(77) [Reserved]
    (78) On January 28, 1983, June 25, 1987, August 21, 1987, September 
28, 1987, October 2, 1987, December 22, 1987, January 8, 1988, March 29, 
1988, and May 2, 1988 the State submitted stationary source control 
measures for incorporation in the ozone plan.
    (i) Incorporation by reference. (A) The following sections of title 
35, Environmental Protection; subtitle B: Air Pollution; Chapter 1: 
Pollution Control Board of the Illinois Administrative Code, (June 
1989): section 211.122 (definitions of bead-dipping; component; dry 
cleaning facility; external floating roof; gas service; green tire 
spraying; green tires; heavy liquid; liquid mounted seal; liquid 
service; pneumatic rubber tire manufacture; refinery unit, process unit, 
or unit; tread end cementing; undertread cementing; valves not 
externally regulated; vapor collection system; vapor mounted primary 
seal; volatile organic liquid; and volatile organic material) of subpart 
B (part 211); section 215.104 (definitions of continuous process; in 
vacuum service; material recovery section; open-ended valve; polystyrene 
plant; polystyrene resin; repaired; styrene devolatilizer unit; and 
styrene recovery unit) of subpart A (part 215); sections 215.124, 
215.125, and 215.126 of subpart B (part 215); section 215.205 of subpart 
F (part 215); sections 215.240, 215.241, and 215.249 of subpart H (part 
215); section 215.408 of subpart P (part 215); sections 215.420 through 
215.431, 215.433, 215.434, 215.435, 215.437, and 215.438, all of subpart 
Q (part 215); section 215.453 of subpart R (part 215); sections 215.465 
and 215.466 of subpart S (part 215); sections 215.520, 215.521, 215.525, 
215.526, and 215.527 all of subpart V (part 215); sections 215.582, 
215,583, and 215.584 of subpart Y (part 215); sections 215.607 through 
215.613 of subpart Z (part 215); and sectons 215.875, 215.877, 215.879, 
215.881, 215.883, and 215.886 all of subpart BB (part 215) are approved.
    (ii) Additional material.
    (79) On March 20, 1986, November 17, 1986, and July 1, 1987, 
Illinois submitted its vehicle inspection and maintenance plan for the 
Chicago and East St. Louis areas.
    (i) Incorporation by reference. (A) Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter II: Environmental 
Protection Agency, Part 276, Procedures To Be Followed in the 
Performance of Annual Inspections of Motor Vehicle Exhaust Emissions, 
Adopted at 10 Illinois Register 13954, effective August 13, 1986.
    (ii) Additional material. (A) ``Technical Procedures Memorandum--
Enforcement'' between the Illinois Secretary of State and the Illinois 
Environmental Protection Agency, as submitted by Michael J. Hayes, 
Manager, Division of Air Pollution Control on July 1, 1987.
    (80) [Reserved]
    (81) On April 6, 1990, and May 4, 1990, Illinois submitted a 
regulation which reduced the maximum allowable volatility for gasoline 
sold in Illinois during July and August 1990 to 9.5 pounds per square 
inch.

[[Page 278]]

    (i) Incorporation by reference
    (A) Title 35: Environmental protection, Subtitle B: Air pollution, 
Chapter I: Pollution control board, Part 215, Organic material emission 
standards and limitations, Sec. 215.585, Gasoline volatility standards, 
Adopted at 14 Illinois register 6434, effective April 11, 1990.
    (82)--(83) [Reserved]
    (84) On September 18, 1991, and November 18, 1991, the State 
submitted documents intended to satisfy federal requirements for an 
operating permit program which can issue federally enforceable operating 
permits.
    (i) Incorporation in Reference.
    (A) Public Act 87-555, an Act to amend the Environmental Protection 
Act by changing section 9.1, effective September 17, 1991. (Ch. 111 1/2, 
par. 1009.1) par. 1009.1(a), (b), (c), (d) and (f).
    (85) On March 24, 1988, the State submitted rules for issuance of 
construction permits to new and modified air pollution sources located 
in or affecting nonattainment areas (New Source Review rules).
    (i) Incorporation by reference.
    (A) Illinois Administrative Code, Title 35 Environmental Protection, 
Subtitle B: Air Pollution, Chapter 1: Pollution Control Board, Part 203: 
Major Stationary Sources.
    (86) On February 8, 1991, the State submitted revisions to its 
sulfur dioxide measurement methodology.
    (i) Incorporation by reference. (A) Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control 
Board, Part 214 Sulfur Limitations, Subpart A: General Provisions, 
section 214.101 Measurement Methods. Adopted December 20, 1990, 
effective January 15, 1991.
    (87) On March 13, 1985, the State submitted revisions to its sulfur 
dioxide limitations.
    (i) Incorporation by reference.
    (A) Title 35: Environmental Protection, Subtitle B: Air Pollution, 
Chapter 1: Pollution Control Board, Part 214 Sulfur Limitations, Subpart 
C: Existing Solid Fuel Combustion Emission Sources, Section 214.141 
Sources Located in Metropolitan Areas, through paragraph (a) only, 
effective March 28, 1983; Subpart F: Alternative Standards for Sources 
Inside Metropolitan Areas, Section 214.201 Alternative Standards for 
Sources in Metropolitan Areas and Section 214.202 Dispersion Enhancement 
Techniques, effective March 28, 1983.

    (88) On June 9, 1986, the State submitted revisions to its sulfur 
dioxide limitations in the form of a April 24, 1986, opinion and order 
of the Illinois Pollution Board in proceeding R84-28.
    (i) Incorporation by reference.
    (A) Title 35: Environmental Protection, Subtitle B: Air Pollution 
Chapter 1: Pollution Control Board Part 214 Sulfur Limitations, Subpart 
C: Existing Solid Fuel Combustion Emission Sources, Sec. 214.141 Sources 
Located in Metropolitan Areas, paragraphs b), c) and d), and Subpart X: 
Utilities, Sec. 214.560 Scope and Sec. 214.561 E.D. Edwards Electric 
Generating Station effective May 20, 1986.

    (89) On March 17, 1989, and August 28, 1990, the State of Illinois 
submitted a revision to the Illinois State Implementation Plan. The 
revision is contained in subpart J, Sec. 201.281 and subpart L, 
Secs. 201.401-.408 of part 210 of title 35 of the Illinois 
Administrative Code. This revision provides a legally enforceable 
procedure for continuously monitoring and recording emissions to 
determine the status of compliance of certain stationary source 
categories and complies with 40 CFR 51.214 and part 51, appendix P. The 
rules were adopted by the Illinois Pollution Control Board on December 
15, 1988, published (13 Ill. Reg. 2066) and became effective February 3, 
1989. The rules were corrected for an omission, published on November 
15, 1989, (13 Ill Reg. 19444), and became effective December 5, 1989. In 
a November 18, 1991, letter from Bharat Mathur, then Manager, Division 
of Air Pollution Control, Illinois Environmental Protection Agency 
(IEPA) to Stephen Rothblatt, Chief, Regulation Development Branch, 
Region 5, USEPA, Illinois committed to notify USEPA of any pending 
construction or operating permit application during the 30 day public 
comment period which is part of Illinois' permit issuance process 
(Section 203.150). This commitment is part of the administrative record 
of USEPA's approval of the Illinois' operating permit program for the 
purpose of issuing federally enforceable operating permits at 40 CFR

[[Page 279]]

52.720 (c) (84) and 52.737 on December 17, 1992 (57 FR 59928). USEPA may 
deem a permit not federally enforceable if monitoring provisions do not 
comply with the requirements of 40 CFR 51.214, part 51, appendix P or 
Sec. 51.165.
    (i) Incorporation by reference.
    (A) Title 35: Environmental Protection; Subtitle B: Air Pollution; 
Chapter I: Pollution Control Board; Subchapter a: Permits and General 
Provisions; Part 201: Permits and General Provisions, Subpart J: 
Monitoring and Testing, Section 201.281; and Subpart L: Continuous 
Monitoring, Sections 201.401 through 201.408, adopted at Ill. Reg. 2066, 
effective February 3, 1989.
    (90) On June 11, 1991, Illinois submitted regulations concerning the 
emission of volatile organic compounds from pharmaceutical 
manufacturing.
    (i) Incorporation by reference.
    (A) Title 35 of the Illinois Administrative Code: Environmental 
Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control 
Board, Subchapter C: Emissions Standards and Limitations for Stationary 
Sources, Part 215: Organic Material Emission Standards and Limitations, 
Subpart T: Pharmaceutical Manufacturing, Subpart A: General Provisions: 
Amendments to sections 215.102 and 215.105 and Creation of section 
215.108. Adopted at 15 Illinois Register 80 18, effective May 14, 1991.
    (B) Title 35 of the Illinois Administrative Code: Environmental 
Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control 
Board, Subchapter C: Emissions Standards and Limitations for Stationary 
Sources, Part 211: Definitions and General Provisions, Subpart B: 
Definitions. Adopted at 15 Illinois Register 79 01, effective May 14, 
1991.
    (91) [Reserved]
    (92) On June 4, 1992, the State submitted particulate matter 
regulations adopted as part of Pollution Control Board Proceeding R91-
35. These regulations concern particulate matter ambient limits and 
episode regulations.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board
    (A) Part 212 Visible and Particulate Matter Emissions: Section 
212.113 Incorporations by Reference; section 212.424 Fugitive 
Particulate Matter Control for the Portland Cement Manufacturing Plant 
and Associated Quarry Operations located in LaSalle County, South of the 
Illinois River; section 212.443 Coke Plants; section 212.445 Blast 
Furnace Cast Houses; adopted at 16 Illinois Register 8204, effective May 
15, 1992.
    (B) Part 243 Air Quality Standards: Section 243.108 Incorporations 
by Reference; section 243.120 PM-10; section 243.121 Repealed; 
adopted at 16 Illinois Register 8185, effective May 15, 1992.
    (C) Part 244 Episodes: Section 244.101 Definitions; section 244.106 
Monitoring; section 244.107 Determination of Areas Affected; section 
244.121 Local Agency Responsibilities; section 244.161 Advisory Alert 
and Emergency Levels; section 244.162 Criteria for Declaring and 
Advisory; section 244.163 Criteria for Declaring a Yellow Alert; section 
244.166 Criteria for Terminating Advisory, Alert and Emergency; section 
244.167 Episode Stage Notification; section 244.168 Contents of Episode 
Stage Notification; section 244.169 Actions During Episode Stages 
Adopted; section 244 appendix D; adopted at 16 Illinois Register 8191, 
effective May 15, 1992.
    (93) On September 30, 1992, the State submitted rules regulating 
volatile organic compound emissions from gasoline dispensing facilities' 
motor vehicle fuel operations.
    (i) Incorporation by reference.
    (A) Illinois Administrative Code, title 35 Environmental Protection, 
subtitle B: Air Pollution, chapter I: Pollution Control Board part 218: 
Organic Material Emission Standards and Limitations for the Chicago 
Area; subpart Y: Gasoline Distribution; Sec. 218.583 Gasoline Dispensing 
Facilities--Storage Tank Filling Operations, amended at 16 Illinois 
Register 13864 effective August 24, 1992, and; Sec. 218.586 Gasoline 
Dispensing Facilities--Motor Vehicle Fueling Operations, added at 16 
Illinois Register 13864, effective August 24, 1992.
    (B) [Reserved]
    (ii) Additional materials.

[[Page 280]]

    (A) Stage II Vapor Recovery SIP Program Description dated September 
29, 1992.
    (94) On July 30, 1986, the State submitted particulate boiler rules 
intended to replace rule 203(g)(1) which was vacated by the Courts. No 
action is taken on Sec. 212.209 because the variance which it authorized 
has expired. On July 22, 1988, the State submitted opacity rules 
intended to replace rule 202(b) which had been vacated by the Courts. 
Also on July 22, 1988, the State submitted Illinois Pollution Control 
Board procedural rules for considering Air Adjusted Standard Procedures.
    (i) Incorporation by reference.
    (A) Title 35: Environmental Protection, Illinois Administrative 
Code, Subtitle B: Air Pollution; Chapter 1: Pollution Control Board; 
part 212 Visible and Particulate Matter Emissions; subpart E: 
Particulate Matter Emission from Fuel Combustion Emission Sources; 
Secs. 212.201, 212.202, 212.203 and 212.204. Amended or added at 10 Ill 
Reg. 12637, effective July 9, 1986.
    (B) Title 35: Environmental Protection, Illinois Administrative 
Code, Subtitle B: Air Pollution; Chapter 1: Pollution Control Board; 
part 212 Visible and Particulate Matter Emissions; subpart B: Visible 
Emissions. Amended or added at 12 Ill. Reg 12492, effective July 13, 
1988.
    (C) Title 35: Environmental Protection, Illinois Administrative 
Code; Subtitle A: General Provisions; Chapter 1: Pollution Control 
Board; part 106: Hearings Pursuant to Specific Rules; subpart E: Air 
Adjusted Standards Procedures. Added at 12 Ill. Reg 12484, effective 
July 13, 1988.
    (95) On October 16, 1991, and November 13, 1991, the State submitted 
particulate matter regulations adopted as part of Pollution Control 
Board Proceeding R91-6. These regulations concern particulate matter 
controls for LaSalle County, Illinois.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board.
    (A) The addition of definitions for ``Condensible PM-10'', ``PM-
10'', ``Portland Cement Manufacturing Process Emission Source'', and the 
modification of the definition of ``Portland Cement Process'' to Part 
211 Definitions and General Provisions: Section 211.122 Definitions; 
adopted at 15 Illinois Register 15673, effective October 14, 1991.
    (B) Part 212 Visible and Particulate Matter Emissions: Section 
212.110 Measurement Methods; the addition of an abbreviation for pounds 
per hour to Section 212.111 Abbreviations and Units; additions and 
deletions to Section 212.113 Incorporations by Reference including the 
addition and/or renumbering of paragraphs (a), (b), (c), (d), (e), and 
(h) and the deletion of paragraphs earlier numbered as (a) and (f); 
Section 212.423 Emission Limits for Portland Cement the Manufacturing 
Plant Located in LaSalle County, South of the Illinois River; adopted at 
15 Illinois Register 15708, effective October 4, 1991.
    (96) On November 12, 1992, the State of Illinois submitted a Small 
Business Stationary Source Technical and Environmental Assistance 
Program for incorporation in the Illinois State Implementation Plan as 
required by section 507 of the Clean Air Act Amendments of 1990. 
Included in the State's submittal were a program description, newly 
adopted enabling legislation including new subsection 20 of section 39.5 
of the Environmental Protection Act, Public Act 87-1213, and new 
subsection 46.13(a) of the Civil Administrative Code, Public Act 87-
1177, and a May 4, 1992, State of Illinois, Illinois Department of 
Commerce and Community Affairs (DCCA), Illinois Environmental Protection 
Agency (IEPA) Interagency Agreement defining the responsibilities of 
DCCA and IEPA in developing and implementing the Small Business 
Stationary Source Technical and Environmental Compliance Assistance 
Program (Program).
    (i) Incorporation by reference. (A) Subsection 20 of section 39.5 of 
the Environmental Protection Act adopted as Public Act 87-1213 signed 
into law on September 26, 1992, and effective upon signature.
    (B) Subsection 46.13(a) of the Civil Administrative Code adopted as 
Public Act 87-1177 signed into law on September 21, 1992, and effective 
upon signature.

[[Page 281]]

    (ii) Other material. (A) Program description.
    (B) May 4, 1992, Interagency Agreement between DCCA and IEPA 
defining the responsibilities of each agency in developing and 
implementing the program.
    (97) On October 12, 1992, and June 2, 1993, the State of Illinois 
submitted a requested revision to the Illinois State Implementation Plan 
(SIP) intended to satisfy the requirements of section 182(a)(3)(B) of 
the Clean Air Act as amended in 1990. Included were State rules 
establishing procedures for the annual reporting of emissions of 
volatile organic material (VOM) and oxides of nitrogen (NOx) as 
well as other regulated air pollutants by stationary sources in ozone 
nonattainment areas. Also included was a June 2, 1993, commitment letter 
from the Illinois Environmental Protection Agency (IEPA) to fulfill the 
reporting requirements of the United States Environmental Protection 
Agency by performing the following tasks:
    (i) Update the AIRS Facility Subsystem using the annual emissions 
report data. The 1992 data will be updated by December 31, 1993, and 
subsequent updates will be made by July 1st of each year.
    (ii) Retain annual emissions reports for at least three (3) years.
    (iii) Develop and submit Emissions Statement Status Reports (ESSR) 
on a quarterly basis each year until all applicable sources have 
submitted the required annual emissions reports. The report will show 
the total number of facilities from which emission statement data was 
requested, the number of facilities that met the provisions, and the 
number of facilities that failed to meet the provisions. Sources that 
are delinquent in submitting their emissions statements will be 
individually listed if they emit 500 tons per year or more of VOM or 
2500 tons per year or more of NOx. The report will also contain the 
emission data requested in Appendix F of the July 6, 1992, Draft 
Guidance on the Implementation of an Emission Statement Program.
    (iv) All sources subject to the emission statement requirements must 
report, at a minimum, the information specified under subpart C of part 
254 of chapter II of subtitle B of title 35 of the Illinois 
Administrative Code.
    (A) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter II: 
Environmental Protection Agency, Part 254: Annual Emissions Report, 
adopted at 17 Illinois Register 7782, effective May 14, 1993.
    (B) Other material. June 2, 1993, commitment letter.
    (98) On July 21, 1986, the State a submitted revision to its 
particulate matter regulations to incorporate an emission limit for 
continuous automatic stoking animal pathological waste incinerators.
    (i) Incorporation by reference.
    (A) Title 35: Environmental Protection, Subtitle B: Air Pollution, 
Chapter 1: Pollution Control Board, Part 212 Visible and Particulate 
Matter Emissions, subpart D: Particulate Matter Emissions from 
Incinerators, section 212.185 Continuous Automatic Stoking Animal 
Pathological Waste Incinerators. Adopted December 18, 1986, added at 11 
Ill. Reg. 1410, effective December 30, 1986.
    (99) On January 4, 1989, the State submitted revisions to its sulfur 
dioxide rules.
    (i) Incorporation by reference.
    (A) Title 35: Environmental Protection, Subtitle B: Air Pollution, 
Chapter 1: Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 214 Sulfur Limitations, Subpart 
A: General Provisions, section 214.102 Abbreviations and Units. Amended 
at 12 Ill. Reg. 20778, effective December 5, 1988.
    (B) Title 35: Environmental Protection, Subtitle B: Air Pollution, 
Chapter 1: Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 214 Sulfur Limitations, Subpart 
A: General Provisions, section 214.104 Incorporations by Reference. 
Amended at 15 Ill. Reg. 1017, effective January 15, 1991.
    (C) Title 35: Environmental Protection, Subtitle B: Air Pollution, 
Chapter 1: Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 214 Sulfur

[[Page 282]]

Limitations, Subpart O: Petroleum Refining, Petrochemical and Chemical 
Manufacturing, section 214.382 Petroleum and Petrochemical Processes. 
Amended at 12 Ill. Reg. 20778, effective December 5, 1988.
    (100) On October 21, 1993, the State submitted definitions codified 
as part of the Illinois Administrative Code for incorporation in the 
Illinois State Implementation Plan.
    (i) Incorporation by reference.
    Illinois Administrative Code Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board, 
Subchapter c: Emission Standards and Limitations for Stationary Sources, 
Part 211 Definitions and General Provisions, Subpart A: General 
Provisions: Sections 211.101 and 211.102, Subpart B: Definitions, 
Sections 211.121, 211.130, 211.150, 211.170, 211.210, 211.230, 211.250, 
211.290, 211.310, 211.330, 211.350, 211.370, 211.390, 211.410, 211.430, 
211.450, 211.470, 211.490, 211.510, 211.530, 211.550, 211.570, 211.590, 
211.610, 211.630, 211.650, 211.670, 211.690, 211.710, 211.730, 211.750, 
211.770, 211.790, 211.810, 211.830, 211.850, 211.870, 211.890, 211.910, 
211.930, 211.950, 211.970, 211.990, 211.1010, 211.1050, 211.1090, 
211.1110, 211.1130, 211.1150, 211.1170, 211.1190, 211.1210, 211.1230, 
211.1250, 211.1270, 211.1290, 211.1310, 211.1330, 211.1350, 211.1370, 
211.1390, 211.1410, 211.1430, 211.1470, 211.1490, 211.1510, 211.1530, 
211.1550, 211.1570, 211.1590, 211.1610, 211.1630, 211.1650, 211.1670, 
211.1690, 211.1710, 211.1730, 211.1750, 211.1770, 211.1790, 211.1810, 
211.1830, 211.1850, 211.1870, 211.1890, 211.1910, 211.1930, 211.1950, 
211.1970, 211.1990, 211.2010, 211.2050, 211.2070, 211.2090, 211.2110, 
211.2130, 211.2150, 211.2170, 211.2190, 211.2210, 211.2230, 211.2250, 
211.2270, 211.2310, 211.2330, 211.2350, 211.2370, 211.2390, 211.2410, 
211.2430, 211.2450, 211.2470, 211.2490, 211.2510, 211.2530, 211.2550, 
211.2570, 211.2590, 211.2650, 211.2670, 211.2690, 211.2710, 211.2730, 
211.2750, 211.2770, 211.2790, 211.2810, 211.2830, 211.2850, 211.2870, 
211.2890, 211.2910, 211.2930, 211.2950, 211.2970, 211.2990, 211.3010, 
211.3030, 211.3050, 211.3070, 211.3090, 211.3110, 211.3130, 211.3150, 
211.3170, 211.3190, 211.3210, 211.3230, 211.3250, 211.3270, 211.3290, 
211.3310, 211.3330, 211.3350, 211.3370, 211.3390, 211.3410, 211.3430, 
211.3450, 211.3470, 211.3490, 211.3510, 211.3530, 211.3550, 211.3570, 
211.3590, 211.3610, 211.3630, 211.3650, 211.3670, 211.3690, 211.3710, 
211.3730, 211.3750, 211.3770, 211.3790, 211.3810, 211.3830, 211.3850, 
211.3870, 211.3890, 211.3910, 211.3930, 211.3970, 211.3990, 211.4010, 
211.4030, 211.4050, 211.4070, 211.4090, 211.4110, 211.4130, 211.4150, 
211.4170, 211.4190, 211.4210, 211.4230, 211.4250, 211.4270, 211.4290, 
211.4310, 211.4330, 211.4350, 211.4370, 211.4390, 211.4410, 211.4430, 
211.4450, 211.4470, 211.4490, 211.4510, 211.4530, 211.4550, 211.4590, 
211.4610, 211.4630, 211.4650, 211.4670, 211.4690, 211.4710, 211.4730, 
211.4750, 211.4770, 211.4790, 211.4810, 211.4870, 211.4890, 211.4910, 
211.4930, 211.4950, 211.4990, 211.5030, 211.5050, 211.5070, 211.5090, 
211.5110, 211.5130, 211.5150, 211.5170, 211.5185, 211.5190, 211.5210, 
211.5230, 211.5250, 211.5270, 211.5310, 211.5330, 211.5350, 211.5370, 
211.5410, 211.5430, 211.5450, 211.5470, 211.5490, 211.5510, 211.5550, 
211.5570, 211.5590, 211.5610, 211.5630, 211.5650, 211.5670, 211.5690, 
211.5710, 211.5730, 211.5750, 211.5770, 211.5790, 211.5810, 211.5830, 
211.5850, 211.5870, 211.5890, 211.5910, 211.5930, 211.5950, 211.5970, 
211.5990, 211.6010, 211.6030, 211.6050, 211.6070, 211.6090, 211.6130, 
211.6150, 211.6190, 211.6210, 211.6230, 211.6270, 211.6290, 211.6310, 
211.6330, 211.6350, 211.6370, 211.6390, 211.6410, 211.6430, 211.6450, 
211.6470, 211.6490, 211.6510, 211.6530, 211.6550, 211.6570, 211.6590, 
211.6610, 211.6670, 211.6690, 211.6730, 211.6750, 211.6770, 211.6790, 
211.6810, 211.6850, 211.6870, 211.6890, 211.6910, 211.6930, 211.6950, 
211.6970, 211.6990, 211.7010, 211.7030, 211.7070, 211.7090, 211.7110, 
211.7130, 211.7150, 211.7170, 211.7190, 211.7210, 211.7230, 211.7250, 
211.7270, 211.7290, 211.7310, 211.7330, 211.7350.
    These section were added at 17 Ill. Reg. 16504, effective September 
27, 1993.
    (101) On October 21, 1993, the state submitted volatile organic 
compound (VOC) control regulations for incorporation in the Illinois 
State Implementation for ozone.
    (i) Incorporation by reference.
    (A) Illinois Administrative Code Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board, 
Subchapter c: Emissions Standards and Limitations

[[Page 283]]

for Stationary Sources, Part 218: Organic Material Emission Standards 
and Limitations for the Chicago Area Subparts A, B, C, E, F, G, H, Q, R, 
S, T, V, W, X, Y, Z, AA, BB, and Section 218.
    Appendix A, B, C, and D. These regulations were adopted at R91-7 at 
15 Ill. Reg. 12231, effective August 16, 1991; amended in R91-23 at Ill. 
Reg. 13564, effective August 24, 1992; amended in R91-28 and R91-30 at 
16 Ill. Reg. 13864, effective August 24, 1992; amended in R93-9 at 17 
Ill. Reg. 16636, effective September 27, 1993. The specific adoption and 
effective dates of the rules incorporated by reference follow.
    (1) Adopted at R91-7 at 15 Ill. Reg. 12231, effective August 16, 
1991. Subpart A 218.108; Subpart C: 218.142; Subpart R: 218.442, 
218.444, 218.448, 218.451; Subpart T: 218.484, 218.488; Subpart V: 
218.526; Subpart X: 218.561, 218.563; Subpart Z: 218.607; Subpart AA: 
218.625, 218.626 and 218.630.
    (2) Amended in R93-9 at 17 Ill. Reg. 16636, effective September 27, 
1993. Subpart A: 218.100, 218.101, 218.102, 218.103, 218.104, 218.105, 
218.106, 218.107, 218.109, 218.110, 218.111, 218.112; Subpart B: 
218.121, 218.122, 218.123, 218.124; Subpart C: 218.141, 218.143, 
218.144; Subpart E: 218.181, 218.182, 218.183, 218.184, 218.186; Subpart 
F: 218.204, 218.205, 218.206, 218.207, 218.208, 218.209, 218.210, 
218.211; Subpart G: 218.301, 218.302, 218.303, 218.304; Subpart H: 
218.401, 218.402, 218.403, 218.404, 218.405; Subpart Q: 218.421, 
218.422, 218.423, 218.424, 218.425, 218.426, 218.427, 218.428, 218.429; 
Subpart R: 218.441, 218.443, 218.445, 218.446, 218.447, 218.449, 
218.450, 218.452; Subpart S: 218.461, 218.462, 218.463, 218.464; Subpart 
T: 218.480, 218.481, 218.482, 218.483, 218.485, 218.486, 218.487, 
218.489; Subpart V: 218.525; Subpart W: 218.541; Subpart X: 218.562; 
Subpart Y: 218.581, 218.582, 218.583, 218.584, 218.585, 218.586; Subpart 
Z: 218.601, 218.602, 218.603, 218.608, 218.609, 218.610, 218.611; 
Subpart AA: 218.620, 218.621, 218.623, 218.624, 218.628, 218.636, 
218.637; Subpart BB: 218.640, 218.642, 218.644, Section 218: Appendix A, 
Appendix B, Appendix C, Appendix D.
    (B) Illinois Administrative Code Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board, 
Subchapter c: Emissions Standards and Limitations for Stationary 
Sources, Part 219: Organic Material Emission Standards and Limitations 
for Metro East Area Subparts A, B, C, E, F, G, H, Q, R, S, T, V, W, X, 
Y, Z, AA, BB and Section 219 Appendix A, B, C, and D. These regulations 
were adopted at R91-8 at Ill. Reg. 12491, effective August 16, 1991; 
amended in R91-24 at 16 Ill. Reg. 13597, effective August 24, 1992; 
amended in R91-30 at 16 Ill. Reg. 13833, effective August 24, 1992, 
emergency amendment in R93-12 at Ill. Reg. 8295, effective May 24, 1993, 
for a maximum of 150 days, amended in R93-9 at 17 Ill. Reg. 16918, 
effective September 27, 1993 and October 21, 1993. The specific adoption 
and effective dates of the rules incorporated by reference follow.
    (1) Adopted at R91-8 at 15 Ill. Reg. 12491, effective August 16, 
1991: Subpart A: 219.103, 219.108; Subpart C: 219.142; Subpart R: 
219.442, 219.444, 219.448, 219.451; Subpart T: 219.484, 219.488; Subpart 
V: 219.526; Subpart X: 219.561, 219.563; Subpart Z: 219.607; Subpart AA: 
219.625, 219.626, 219.630.
    (2) Amended in R93-9 at 17 Ill. Reg. 16918, effective September 27, 
1993:
    Subpart A: 219.100, 219.101, 219.102, 219.104, 219.105, 219.106, 
219.107, 219.109, 219.110, 219.111, 219.112;
    Subpart B: 219.121, 219.122, 219.123, 219.124;
    Subpart C: 219.141, 219.143, 219.144;
    Subpart E: 219.181, 219.182, 219.183, 219.184, 219.186;
    Subpart F: 219.204, 219.205, 219.206, 219.207, 219.208, 219.209, 
219.210, 219.211;
    Subpart G: 219.301, 219.302, 219.303, 219.304;
    Subpart H: 219.401, 219.402, 219.403, 219.404, 219.405;
    Subpart Q: 219.421, 219.422, 219.423, 219.424, 219.425, 219.426, 
219.427, 219.428, 219.429;
    Subpart R: 219.441, 219.443, 219.445, 219.446, 219.447, 219.449, 
219.450, 219.452;
    Subpart S: 219.461, 219.462, 219.463, 219.464;
    Subpart T: 219.480, 219.481, 219.482, 219.483, 219.485, 219.486, 
219.487, 219.489;
    Subpart V: 219.525;
    Subpart W: 219.541;
    Subpart X: 219.562;
    Subpart Y: 219.581, 219.582, 219.583, 219.584, 219.585, 219.586;
    Subpart Z: 219.601, 219.602, 219.603, 219.608, 219.609, 219.610, 
219.611;

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    Subpart AA: 219.620, 219.621, 219.623, 219.624, 219.628, 219.636, 
219.637;
    Subpart BB: 219.640, 219.642, 219.644;
    Section 219: Appendix A, Appendix B, Appendix C, Appendix D.
    (102)  [Reserved]
    (103) On February 11, 1993, Illinois submitted a site specific 
revision to its carbon monoxide State Implementation Plan for a General 
Motors Corporation iron foundry located adjacent to Interstate 74 at G 
Street in Vermilion County, Illinois.
    (i) Incorporation by reference.
    (A) Illinois Administrative Code; Title 35 Environmental Protection; 
Subtitle B: Air Pollution; Chapter I: Pollution Control Board; 
Subchapter C: Emission Standards and Limitations for Stationary Sources; 
P 216: Carbon Monoxide Emissions; Subpart O: Primary and Fabricated 
Metal Products; Section 216.382 Exception, General Motors Ferris Foundry 
in Vermilion County. Added at 16 Illinois Register 18075, effective 
November 13, 1992.
    (104)  [Reserved]
    (105) On February 7, 1994, the State submitted revisions intended to 
create a permit program for small sources. The purpose of these 
revisions is to lessen the permitting burden on small sources and the 
permitting authority by reducing the frequency and/or the requirement of 
operating permit renewal for sources emitting a total of less than 25 
tons per year of regulated air pollutants. A permit obtained through 
these procedures is intended to continue as a legally binding State 
document until the source modifies its operations, withdraws its permit 
or becomes subject to a new applicable requirement. At that time, the 
State will determine whether the small source procedures continue to be 
appropriate and issue a revised small source permit or direct the source 
in following the correct permit procedures. Since small source permits 
are not subject to a public comment period or review by USEPA, they are 
not federally enforceable and cannot be used to limit sources' potential 
to emit and thereby exempt them from the requirements of the title v 
operating permit program.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board.
    (A) Subchapter a: Permits and General Provisions, Part 201: Permits 
and General Provisions.
    (1) Subpart D: Permit Applications and Review Process, Section 
201.162 Duration and Section 201.163 Joint Construction and Operating 
Permits. Amended at 17 Ill. Reg., effective December 7, 1993.
    (2) Subpart E: Special Provisions for Operating Permits for Certain 
Smaller Sources, Section 201.180 Applicability, Section 201.181 
Expiration and Renewal and Section 201.187 Requirement for a Revised 
Permit Added at 17 Ill. Reg., effective December 7, 1993.
    (B) Subchapter C: Emission Standards and Limitations for Stationary 
Sources, Part 211: Definitions and General Provisions, Subpart B: 
Definitions, Section 211.5500 Regulated Air Pollutant. Adopted at 17 
Ill. Reg., effective December 7, 1993.
    (106) On November 23, 1994, the State submitted amended marine 
vessel loading rules which consisted of revised definitions, and 
revisions to the Ozone Control Plan for the Chicago and Metro-East St. 
Louis areas.
    (i) Incorporation by reference.
    Illinois Administrative Code, Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board, 
Subchapter c: Emissions Standards and Limitations for Stationary 
Sources.
    (A) Part 211: Definitions and General Provisions, Subpart B: 
Definitions, Sections 211.3480 Loading Event and 211.3660 Marine Vessel 
added at 18 Ill. Reg. 166769, effective October 25, 1994; Sections 
211.3650 Marine Terminal, and 211.6970 Vapor Collection System, and 
Section 211.6990 Vapor Control System amended at 18 Ill. Reg. 16769, 
effective October 25, 1994.
    (B) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart A; General Provisions, Sections 218.101 
Savings Clause and 218.106 Compliance Dates amended at 18 Ill. Reg. 
16392, effective October 25, 1994; Subpart GG: Marine Terminals, 
Sections 218.760 Applicability, 218.762 Control Requirements, 218.764 
Compliance Certification, 218.766 Leaks, 218.768 Testing and Monitoring,

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and 218.770 Recordkeeping and Reporting added at 18 Ill. Reg. 16392, 
effective October 25, 1994; Appendix E: List of Affected Marine 
Terminals amended at 18 Ill. Reg. 16392, effective October 25, 1994.
    (C) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart A; General Provisions, Sections 219.101 
Savings Clause and 219.106 Compliance Dates amended at 18 Ill. Reg. 
16415, effective October 25, 1994; Subpart GG: Marine Terminals, 
Sections 219.760 Applicability, 219.762 Control Requirements, 219.764 
Compliance Certification, 219.766 Leaks, 219.768 Testing and Monitoring, 
and 219.770 Recordkeeping and Reporting added at 18 Ill. Reg. 16415, 
effective October 25, 1994.
    (107) On October 25, 1994, Illinois submitted a regulation which 
requires gasoline dispensing operations in the Chicago and Metro-East 
St. Louis ozone nonattainment areas that have storage tanks of at least 
575 gallons to install pressure/vacuum relief valves on storage tank 
vent pipes. Tanks installed before January 1, 1979, are exempt from the 
rule if they have a capacity of less than 2000 gallons, as are tanks 
that are equipped with floating roofs or equivalent control devices that 
have been approved by the State and USEPA.
    (i) Incorporation by reference. Illinois Administrative Code Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 201 Permits and General Provisions, Section 201.302 
Reports. Amended at 18 Ill. Reg. 15002. Effective September 21, 1994.
    (B) Part 211 Definitions and General Provisions, Section 211.5060 
Pressure/Vacuum Relief Valve. Added at 18 Ill. Reg. 14962. Effective 
September 21, 1994.
    (C) Part 218 Organic Material Emission Standards and Limitations for 
Chicago Area, Section 218.583 Gasoline Dispensing Operations-Storage 
Tank Filling Operations. Amended at 18 Ill. Reg. 14973. Effective 
September 21, 1994.
    (D) Part 219 Organic Material Emission Standards and Limitations for 
Metro East Area, Section 219.583 Gasoline Dispensing Operations-Storage 
Tank Filling Operations. Amended at 18 Ill. Reg. 14987. Effective 
September 21, 1994.
    (108) On January 25, 1994, the State submitted a revision to its 
ozone State Implementation Plan (SIP) for Quantum Chemical Corporation's 
facility located in Morris, Aux Sable Township, Grundy County, Illinois. 
It grants an adjusted standard from Parts 35 Illinois Administration 
Code (IAC) 218.966 and 218.986 as they apply to specific units or plants 
within this facility.
    (i) Incorporation by reference.
    (A) Illinois Pollution Control Board Final Opinion and Order, AS 92-
14, adopted on October 7, 1993, and effective on October 7, 1993.
    (109) On October 25, 1994, Illinois submitted a regulation that 
reduced the maximum allowable volatility for gasoline sold in the Metro-
East St. Louis ozone nonattainment area, which includes Madison, Monroe, 
and St. Clair Counties, to 7.2 psi during the summer control period. The 
summer control period is June 1 to September 15 for retail outlets and 
wholesale consumers, and May 1 to September 15 for all others.
    (i) Incorporation by reference. Illinois Administrative Code Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources, Part 219 Organic Material Emission 
Standards and Limitations for Metro East Area,
    (A) Section 219.112 Incorporation by Reference. Amended at 18 Ill. 
Reg. 14987. Effective September 21, 1994.
    (B) Section 219.585 Gasoline Volatility Standards. Amended at 18 
Ill. Reg. 14987. Effective September 21, 1994.
    (110) On September 26, 1994, the State of Illinois submitted a 
revision to its ozone State Implementation Plan for the J. M. Sweeney 
Company located in Cicero, Cook County, Illinois. It grants a compliance 
date extension from Stage II vapor control requirements (35 Ill. Adm. 
Code 218.586) from November 1, 1993, to March 31, 1995.
    (i) Incorporation by reference.
    (A) Illinois Pollution Control Board Final Opinion and Order, PCB 
93-257, adopted on September 1, 1994, and effective on September 1, 
1994. Certification

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dated 9/23/94 of Acceptance by J. M. Sweeney.
    (111) On July 29, 1994, Illinois submitted regulations which require 
adoption and implementation of particulate matter contingency measures 
for Illinois' four moderate particulate matter nonattainment areas. 
Sources in the nonattainment areas which emit at least 15 tons of 
particulate matter must submit two levels of contingency measures, which 
will then become Federally enforceable. Sources will be required to 
implement the contingency measures if an exceedance of the National 
Ambient Air Quality Standard for Particulate Matter is measured, or if 
the United States Environmental Protection Agency finds that an area has 
failed to attain the National Ambient Air Quality Standards.
    (i) Incorporation by reference.
    Illinois Administrative Code Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board;
    (A) Part 106 Hearings Pursuant to Specific Rules, Section 106.930--
Applicability, Section 106.931--Petition for Review, Section 106.932--
Response and Reply, Section 106.933--Notice and Hearing, Section 
106.934--Opinion and Order. Amended at 18 Ill. Reg. 11579-11586. 
Effective July 11, 1994.
    (B) Part 212 Visible and Particulate Matter Emissions, Section 
212.700--Applicability, Section 212.701--Contingency Measure Plans, 
Submittal and Compliance Date, Section 212.702--Determination of 
Contributing Sources, Section 212.703--Contingency Measure Plan 
Elements, Section 212.704--Implementation, Section 212.705--Alternative 
Implementation. Added at 18 Ill. Reg. 11587-11606. Effective July 11, 
1994.
    (112) On March 28, 1995, the State of Illinois submitted a revision 
to its ozone State Implementation Plan for P & S, Incorporated's 
facility located in Wood Dale, Du Page County, Illinois. It grants a 
compliance date extension from Stage II vapor control requirements (35 
Ill. Adm. Code 218.586) from November 1, 1994 until April 1, 1996, or 60 
days after notification to P & S, Incorporated that the roadway 
construction complicating the installation of Stage II equipment will be 
abandoned for any reason, whichever is sooner.
    (i) Incorporation by reference.
    (A) Illinois Pollution Control Board Final Opinion and Order, PCB 
94-299, adopted on February 16, 1995, and effective on February 16, 
1995. Certification dated March 1, 1995 of Acceptance by P & S, 
Incorporated.
    (113) On April 27, 1995, the Illinois Environmental Protection 
Agency requested a revision to the Illinois State Implementation Plan in 
the form of revisions to the State's New Source Review rules for sources 
in the Chicago and metropolitan East St. Louis ozone nonattainment areas 
and are intended to satisfy Federal requirements of the Clean Air Act as 
amended in 1990. The State's New Source Review provisions are codified 
at Title 35: Environmental Protection Subtitle B: Air Pollution, Chapter 
I: Pollution Control Board, Subchapter a: Permits and General 
Provisions. Part 203 Major Stationary Sources Construction and 
Modification is amended as follows:
    (i) Incorporation by reference.
    (A) Title 35: Environmental Protection, Subpart A: General 
Provisions, Section 203.101 Definitions, Section 203.107 Allowable 
Emissions, Section 203.110 Available Growth Margin, Section 203.112 
Building, Structure and Facility, Section 203.121 Emission Offset, 
Section 203.122 Emissions Unit, Section 203.123 federally Enforceable, 
Section 203.126 Lowest Achievable Emission Rate, Section 203.128 
Potential to Emit, Section 203.145 Volatile Organic Material, Section 
203.150 Public Participation. Effective April 30, 1993.
    (B) Title 35: Environmental Protection, Subpart B: Major Stationary 
Sources in Nonattainment Areas, Section 203.201 Prohibition, Section 
203.203 Construction Permit Requirement and Application, Section 203.206 
Major Stationary Source, Section 203.207 Major Modification of a Source, 
Section 203.208 Net Emission Determination, Section 203.209 Significant 
Emissions Determination. Effective April 30, 1993.
    (C) Title 35: Environmental Protection, Subpart C: Requirements for 
Major Stationary Sources in Nonattainment Areas, Section 203.301 Lowest 
Achievable Emission Rate, Section 203.302 Maintenance of Reasonable 
Further Progress and Emission Offsets, Section 203.303 Baseline and 
Emission

[[Page 287]]

Offsets Determination, Section 203.306 Analysis of Alternatives. 
Effective April 30, 1993.
    (D) Title 35: Environmental Protection, Subpart H: Offsets for 
Emission Increases From Rocket Engines and Motor Firing, Section 203.801 
Offsetting by Alternative or Innovative Means. Effective April 30, 1993. 
Published in the Illinois Register, Volume 17, Issue 20, May 14, 1993.
    (114) On November 30, 1994, the State submitted an amended Synthetic 
Organic Chemical Manufacturing Industry Air Oxidation Process rule which 
consisted of extended applicability and tightened control measures to 
the Ozone Control Plan for the Chicago and Metro-East St. Louis areas.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart V; Air Oxidation Processes, Sections 
218.520 Emission Limitations for Air Oxidation Processes, 218.522 
Savings Clause, 218.523 Compliance, 218.524 Determination of 
Applicability, and 218.525 Emission Limitations for Air Oxidation 
Processes (Renumbered) at 18 Ill. Reg. 16972, effective November 15, 
1994.
    (B) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart V; Air Oxidation Processes, Sections 
219.520 Emission Limitations for Air Oxidation Processes, 219.522 
Savings Clause, 219.523 Compliance, 219.524 Determination of 
Applicability, and 219.525 Emission Limitations for Air Oxidation 
Processes (Renumbered) at 18 Ill. Reg. 17001, effective November 15, 
1994.
    (115) On May 5, 1995, and May 26, 1995, the State submitted an 
amended coating rule which consisted of a tightened applicability cut-
off level for wood furniture coating operations to the Ozone Control 
Plan for the Chicago and Metro-East St. Louis areas.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart F; Coating Operations, Sections 218.208 
Exemptions from Emission Limitations, Subsection (b), amended at 19 Ill. 
Reg. 6848, effective May 9, 1995.
    (B) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart F; Coating Operations, Section 219.208 
Exemptions from Emission Limitations, Subsection (b), amended at 19 Ill. 
Reg. 6958, effective May 9, 1995.
    (116) On May 5, 1995, and May 26, 1995, the State submitted a rule 
for automotive/transportation and business machine plastic parts coating 
operations, which consisted of new volatile organic compound emission 
limitations to the Ozone Control Plan for the Chicago and Metro-East St. 
Louis areas.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 211: Definitions and General Provisions, Subpart B; 
Definitions, Sections 211.660 Automotive/Transportation Plastic Parts, 
211.670 Baked Coatings, 211.820 Business Machine Plastic Parts, 211.1880 
Electromagnetic Interference/Radio Frequency Interference Shielding 
Coatings, 211.1900 Electrostatic Prep Coat, 211.2360 Flexible Coatings, 
211.2630 Gloss Reducers, 211.4055 Non-Flexible Coating, 211.4740 Plastic 
Part, 211.5480 Reflective Argent Coating, 211.5600 Resist Coat, 211.6060 
Soft Coat, 211.6140 Specialty Coatings, 211.6400 Stencil Coat, 211.6580 
Texture Coat, and 211.6880 Vacuum Metallizing, amended at 19 Ill. 6823, 
effective May 9, 1995.
    (B) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart F; Coating Operations, Sections 218.204 
Emission Limitations, Subsection (n) Plastic Parts Coating: Automotive/
Transportation and (o) Plastic Parts Coating: Business Machine, 218.205 
Daily- 

[[Page 288]]

Weighted Average Limitations, Subsection (g), and 218.207 Alternative 
Emission Limitations, Subsection (i), amended at 19 Ill. 6848, effective 
May 9, 1995.
    (C) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart F; Coating Operations, Section 219.204 
Emission Limitations, Subsection (m) Plastic Parts Coating: Automotive/
Transportation and (n) Plastic Parts Coating: Business Machine, 219.205 
Daily-Weighted Average Limitations, Subsection (f), and 219.207 
Alternative Emission Limitations, Subsection (h), amended at 19 Ill. 
Reg. 6958, effective May 9, 1995.
    (117) On May 31, 1995, the State submitted amended lithographic 
printing rules which consisted of revised definitions, and revisions to 
the Ozone Control Plan for the Chicago and Metro-East St. Louis areas.
    (i) Incorporation by reference.
    Illinois Administrative Code, Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board, 
Subchapter c: Emissions Standards and Limitations for Stationary 
Sources.
    (A) Part 211: Definitions and General Provisions, Subpart B: 
Definitions, Sections 211.474 Alcohol, 211.560 As-Applied Fountain 
Solution, 211.2850 Heatset Web Offset Lithographic Printing Line, 
211.4065 Non-Heatset, 211.5980 Sheet-Fed added at 19 Ill. Reg. 6823, 
effective May 9, 1995.
    (B) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart H; Printing and Publishing, Sections 
218.405 Lithographic Printing: Applicability, 218.406 Provisions 
Applying to Heatset Web Offset Lithographic Printing Prior to March 15, 
1996, 218.407 Emissions Limitations and Control Requirements for 
Lithographic Printing Lines On and After March 15, 1996, 218.408 
Compliance Schedule for Lithographic Printing on and After March 15, 
1996, 218.409 Testing for Lithographic Printing On and After March 15, 
1996, 218.410 Monitoring Requirements for Lithographic Printing, 218.411 
Recordkeeping and Reporting for Lithographic Printing added at 19 Ill. 
Reg. 6848, effective May 9, 1995.
    (C) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart H; Printing and Publishing, Sections 
219.405 Lithographic Printing: Applicability, 219.406 Provisions 
Applying to Heatset Web Offset Lithographic Printing Prior to March 15, 
1996, 219.407 Emissions Limitations and Control Requirements for 
Lithographic Printing Lines On and After March 15, 1996, 219.408 
Compliance Schedule for Lithographic Printing on and After March 15, 
1996, 219.409 Testing for Lithographic Printing On and After March 15, 
1996, 219.410 Monitoring Requirements for Lithographic Printing, 219.411 
Recordkeeping and Reporting for Lithographic Printing added at 19 Ill. 
Reg. 6848, effective May 9, 1995.
    (118) On October 24, 1994, the State submitted a site-specific 
revision to the State Implementation Plan establishing lubricant 
selection and temperature control requirements for Alumax Incorporated, 
Morris, Illinois facility's hot and cold aluminum rolling mills, as part 
of the Ozone Control Plan for the Chicago area.
    (i) Incorporation by reference. September 1, 1994, Opinion and Order 
of the Illinois Pollution Control Board AS 92-13, effective September 1, 
1994.
    (119) On May 5, 1995, and May 26, 1995, the State submitted a 
revised rule tightening volatile organic compound emission limitations 
for certain surface coating operations in the Chicago and Metro-East St. 
Louis areas.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart F; Coating Operations, Sections 218.204 
Emission Limitations, 218.205 Daily-Weighted Average Limitations, 
218.207 Alternative Emission Limitations, 218.208 Exemptions From 
Emission Limitations, 218.210 Compliance Schedule, 218.212 Cross-line 
Averaging to Establish Compliance for Coating Lines, 218.213 
Recordkeeping and Reporting for Cross-line Averaging Participating

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Coating Lines, 218.214 Changing Compliance Methods, 218 Appendix H 
Baseline VOM Content Limitations for Subpart F, Section 218.212 Cross-
Line Averaging, amended at 19 Ill. 6848, effective May 9, 1995.
    (B) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart F; Coating Operations, Sections 219.204 
Emission Limitations, 219.205 Daily-Weighted Average Limitations, 
219.207 Alternative Emission Limitations, 219.208 Exemptions From 
Emission Limitations, 219.210 Compliance Schedule, 219.212 Cross-line 
Averaging to Establish Compliance for Coating Lines, 219.213 
Recordkeeping and Reporting for Cross-line Averaging Participating 
Coating Lines, 219.214 Changing Compliance Methods, 219 Appendix H 
Baseline VOM Content Limitations for Subpart F, Section 219.212 Cross-
line Averaging, amended at 19 Ill. Reg. 6958, effective May 9, 1995.
    (120)  [Reserved]
    (121) On May 23, 1995, and June 7, 1995, the State submitted 
volatile organic compound control regulations for incorporation in the 
Illinois State Implementation Plan for ozone.
    (i) Incorporation by reference.
    (A) Title 35: Environmental Protection, Subtitle B: Air Pollution, 
Chapter I: Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 211: Definitions and General 
Provisions, Subpart B: Definitions, Sections 211.695, 211.696, 211.5245, 
211.6025. These sections were adopted on May 4, 1995, Amended at 19 Ill. 
Reg. 7344, and effective May 22, 1995.
    (B) Title 35: Environmental Protection, Subtitle B: Air Pollution, 
Chapter I: Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 218: Organic Material Emission 
Standards and Limitations for the Chicago Area, Subpart V: 218.500, 
218.501, 218.502, 218.503, 218.504, 218.505, 218.506. These sections 
were adopted on May 4, 1995, Amended at 19 Ill. Reg. 7359, and effective 
May 22, 1995.
    (C) Title 35: Environmental Protection, Subtitle B: Air Pollution, 
Chapter I: Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 219: Organic Material Emission 
Standards and Limitations for the Metro East Area, Subpart V: 219.500, 
219.501, 219.502, 219.503, 219.504, 219.505, 219.506. These sections 
were adopted on May 4, 1995, Amended at 19 Ill. Reg. 7385, and effective 
May 22, 1995.
    (122) On June 26, 1995, the Illinois Environmental Protection Agency 
(IEPA) submitted a State Implementation Plan (SIP) revision containing 
the 1992 enhancements to the Illinois vehicle inspection and maintenance 
(I/M) program. Such enhancements were originally developed to meet the 
I/M performance standard as called for in the United States 
Environmental Protection Agency's (USEPA's) proposed `post-1987' I/M SIP 
policy and specified in the settlement agreement entered into by the 
parties in Wisconsin v. Reilly, Case No. 87-C-0395, E.D. Wis. The 
submittal includes authorizing legislation P.A. 86-1433, signed into law 
on September 12, 1990 and procedural rules published in the Illinois 
Register on June 26, 1992 at Volume 16, Issue #16.
    (i) Incorporation by reference.
    (A) 35 Illinois Administrative Code 276; Sections 276.101, 276.102, 
276.204, 276.206, 276.301, 276.303, 276.304, 276.307, 276.308, 276.309, 
276.310, 276.311, 276.401, 276.402, 276.701, 276.702, and 276.703 
amended or added at 16 Ill. Reg. 10230, effective June 15, 1992.
    (ii) Other material.
    (A) Public Act 86-1433 adopted by the Illinois General Assembly on 
June 29, 1990, signed into law by Governor Edgar on September 12, 1990 
effective September 12, 1990 (Sections 2,3, and 4) and January 1, 1991 
(Section 1). (B) June 26, 1995 letter and attachments from the IEPA's 
Bureau of Air Chief to the USEPA's Regional Air and Radiation Division 
Director submitting Illinois' revision to the ozone SIP.
    (123)  [Reserved]
    (124) The state of Illinois requested a revision to the Illinois 
State Implementation Plan (SIP). This revision is for the purpose of 
establishing and implementing a Clean-Fuel Fleet Program in the Chicago 
ozone nonattainment area, which includes Cook, DuPage, Grundy (Aux Sable 
and Goose Lake townships only), Kane, Kendall (Oswego township only), 
Lake,

[[Page 290]]

McHenry, and Will counties, to satisfy the federal requirements for a 
Clean Fuel Fleet Program to be part of the SIP for Illinois.
    (i) Incorporation by reference.
    (A) 35 Illinois Administrative Code 241; Sections 241.101, 241.102, 
241.103, 241.104, 241.110, 241.111, 241.112, 241.113, 241.114, 241.115, 
241.130, 241.131, 241.140, 241.141, 241.142, 241. Appendix A, 241. 
Appendix B adopted in R95-12 at 19 Ill. Reg. 13265, effective September 
11, 1995.
    (ii) Other material.
    (A) September 29, 1995 letter and attachments from the Illinois 
Environmental Protection Agency's Bureau of Air Chief to the USEPA's 
Regional Air and Radiation Division Director submitting Illinois' 
revision to the ozone SIP.
    (125) On November 14, 1995 the State submitted requested revisions 
to the Illinois State Implementation Plan in the form of revisions to 
the definitions of Organic Material and Organic Materials, Organic 
Solvent, Petroleum Liquid and Volatile Organic Material (VOM) or 
Volatile Organic Compound (VOC) intended to exempt acetone from 
regulation as a VOC.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 211: Definitions and General 
Provisions, Subpart B: Definitions, Section 211.4250 Organic Material 
and Organic Materials, Section 211.4260 Organic Solvent, Section 
211.4610 Petroleum Liquid, Section 211.7150 Volatile Organic Material 
(VOM) or Volatile Organic Compounds (VOC). Amended at 19 Ill. Reg. 
15176, effective October 19, 1995.
    (126) On November 15, 1995 the State submitted a requested revision 
to the Illinois State Implementation Plan in the form of a revision to 
the definition Volatile Organic Material (VOM) or Volatile Organic 
Compound (VOC) intended to exempt parachlorobenzotrifluoride and cyclic, 
branched or linear completely methylated siloxanes from the definition 
of VOM or VOC and thereby, from regulation as a VOC.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 211: Definitions and General 
Provisions, Subpart B: Definitions, Section 211.7150 Volatile Organic 
Material (VOM) or Volatile Organic Compounds (VOC). Amended at 19 Ill. 
Reg. 11066, effective July 12, 1995.
    (127) On October 21, 1993, and May 26, 1995, Illinois submitted 
volatile organic compound control regulations for incorporation in the 
Illinois State Implementation Plan for ozone.
    (i) Incorporation by reference.
    (A) Illinois Administrative Code Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board, 
Subchapter c: Emissions Standards and Limitations for Stationary 
Sources, Part 219: Organic Material Emissions Standards and Limitations 
for Metro East Area, Subpart PP: 219.920, 219.923, 219.927, 219.928; 
Subpart QQ: 219.940, 219.943, 219.947, 219.948; Subpart RR: 219.960, 
219.963, 219.967, 219.968; Subpart TT: 219.980, 219.983, 219.987, 
219.988; and Subpart UU. These Subparts were adopted on September 9, 
1993, Amended at 17 Ill. Reg. 16918, effective September 27, 1993.
    (B) Illinois Administrative Code Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board, 
Subchapter c: Emissions Standards and Limitations for Stationary 
Sources, Part 219: Organic Material Emissions Standards and Limitations 
for Metro East Area, Subpart PP: 219.926; Subpart QQ: 219.946; Subpart 
RR: 219.966; and Subpart TT: 219.986. These Subparts were adopted on 
April 20, 1995, Amended at 19 Ill. Reg. 6958, effective May 9, 1995.

[37 FR 10862, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.720, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Note:  At 61 FR 20457, May 7, 1996, Sec. 52.720 was 
amended by adding paragraph (c)(127), effective July 8, 1996.

[[Page 291]]



Sec. 52.721   Classification of regions.

    The Illinois plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Burlington-Keokuk Interstate..............................           I          I       III       III        III
East Central Illinois Intrastate..........................         III         II       III       III        III
Metropolitan Chicago Interstate (Indiana-Illinois)........           I          I         I         I          I
Metropolitan Dubuque Interstate...........................           I        III       III       III        III
Metropolitan Quad Cities Interstate.......................           I        III       III       III        III
Metropolitan St. Louis Interstate (Missouri-Illinois).....           I          I       III         I          I
North Central Illinois Intrastate.........................          II         IA       III       III        III
Paducah (Kentucky)-Cairo (Illinois) Interstate............           I         II       III       III        III
Rockford (Illinois)-Janesville-Beloit (Wisconsin)                                                               
 Interstate...............................................          II        III       III       III        III
Southeast Illinois Intrastate.............................         III         II       III       III        III
West Central Illinois Intrastate..........................           I         IA       III       III        III
----------------------------------------------------------------------------------------------------------------

[37 FR 10862, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 
FR 11493, Feb. 21, 1980]



Sec. 52.722  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approved Illinois' plan for the attainment and maintenance of the 
National Ambient Air Quality Standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator finds the plan satisfies all 
requirements of part D, title I of the Clean Air Act as amended in 1977, 
except as noted below. In addition, continued satisfaction of the 
requirements of part D for the ozone portion of the SIP depends on the 
adoption and submittal of RACT requirements by July 1, 1980, for the 
sources covered by CTGs between January 1978 and January 1979 and 
adoption and submittal by each subsequent January of additional RACT 
requirements for sources covered by CTGs issued by the previous January.
    (b) The Administrator finds that the transportation control plans 
for the East St. Louis and Chicago areas submitted on December 3, 1982, 
satisfy the related requirements of part D, title I of the Clean Air 
Act, as amended in 1977.
    (c) The Administrator finds that the carbon monoxide control 
strategy submitted on May 4, 1983, satisfies all requirements of part D, 
title I of the Clean Air Act, as amended in 1977, except for section 
172(b)(6).

[55 FR 40661, Oct. 4, 1990]
Sec. 52.723  [Reserved]



Sec. 52.724  Control strategy: Sulfur dioxide.

    (a) Part D--Conditional Approval--The Illinois plan is approved 
provided that the following condition is satisfied:
    (1) The plan includes a reanalysis of the Pekin, Illinois area, a 
submittal of the analysis results to USEPA, the proposal of any 
additional regulations to the Illinois Pollution Control Board necessary 
to insure attainment and maintenance of the sulfur dioxide standard, and 
the promulgation of any necessary regulations. The State must complete 
the reanalysis, submit the results to USEPA and submit any necessary, 
additional regulations to the Illinois Pollution Control Board by 
September 30, 1980. Any necessary regulation must be finally promulgated 
by the State and submitted to USEPA by September 30, 1981.
    (2) Extension of Condition--USEPA approves the date of July 1, 1984 
for submitting the draft sulfur dioxide rule revisions and supporting 
documentation as required in (a)(1) for Peoria, Hollis and Groveland 
Townships in Illinois. The State must complete final rule adoption as 
expeditiously as possible but no later than December 31, 1985.
    (b) Part D--Disapproval--USEPA disapproves Rules 204(c)(1)(B), Rule

[[Page 292]]

204(c)(1)(C), Rule 204(e)(1) and Rule 204(e)(2) for those sources for 
which these rules represent a relaxation of the federally enforceable 
State Implementation Plan. Rule 204(c)(1)(B), Rule 204(c)(1)(C), Rule 
204(e)(1) and Rule 204(e)(2) are approved as not representing 
relaxations of the State Implementation Plan for the following sources:

   Sources of 10 Million Btu per Hour or More Not Increasing Allowable Sulfur Dioxide Emissions as a Result of  
 Record Rules 204(c) and 204(e) Because New Allowable Emissions Rate is Same as or Less Than Old Allowable Rate 
                                    Pounds per Hour (Pounds per Million Btu)                                    
----------------------------------------------------------------------------------------------------------------
                                                                                                   Emissions now
                                                                                      Emissions      allowable  
                   County                                     Name                    formerly      without new 
                                                                                    allowable\1\      permit    
                                                                                                  application\2\
----------------------------------------------------------------------------------------------------------------
Boone.......................................  Chrysler............................   1,760 (4.4)    1,760 (4.4) 
Champaign...................................  Chanute Air Base....................   1,317 (3.0)    1,317 (3.0) 
Crawford....................................  CIPS................................   8,242 (5.1)    8,242 (5.1) 
Douglas.....................................  USI Chemicals.......................   8,022 (5.3)    8,022 (5.3) 
Fulton......................................  Freeman Coal........................    22.2 (1.2)     22.2 (1.2) 
La Salle....................................  Del Monte...........................     296 (3.9)      296 (3.9) 
Massac......................................  EEI Joppa...........................  36,865 (3.6)   36,865 (3.6) 
Montgomery..................................  CIPS................................  55,555 (5.8)   55,555 (5.8) 
Morgan......................................  ......do............................  24,000 (6.0)   20,800 (5.2) 
Putnam......................................  Illinois Power......................  17,051 (5.8)   17,051 (5.8) 
Randolph....................................  ......do\3\.........................  81,339 (4.6)   81,339 (4.6) 
Rock Island.................................  International Harvester.............  1,643 (4.35)   1,643 (4.35) 
Williamson..................................  Marion Correctional.................     396 (5.7)      396 (5.7) 
----------------------------------------------------------------------------------------------------------------
\1\6.0 lbs/MMBTU of existing coal fired capacity or total 204(e)(2) emissions less actual oil fired and NSPS    
  emissions, whichever is lower.                                                                                
\2\Maximum allowable emissions for existing coal fired capacity according to revised rules 204(c) and 204(e)    
  consolidated, usually equally equalling total emissions as given by 204(e)(2) less actual oil fired NSPS      
  emissions. (In the one case wherein the new allowable limit is less than that given by 204(e)(2) the allowable
  emissions were determined by 204(e)(1) with which the source is required to comply.)                          
\3\Source is in compliance per 204(e)(3).                                                                       
                                                                                                                
CIPS=Central Illinois Public Service.                                                                           
EEI=Electric Energy Incorporated.                                                                               

This disapproval does not in and of itself result in the growth 
restrictions of section 110(a)(2)(1).
    (c) Disapproval--USEPA disapproves Rule 204(e)(4) as not being 
adequate to protect the NAAQS. This disapproval does not in and of 
itself result in the growth restrictions of section 110(a)(2)(I).
    (d) Disapproval--USEPA disapproves Rule 204(f)(1)(D) as completely 
deregulating SO2 emissions from existing processes without 
providing an assessment of the ambient air quality impact or a showing 
that increasing the allowable emissions from these sources will not 
cause or contribute to violations of the NAAQS or PSD increments. This 
disapproval does not in and of itself result in the growth restrictions 
of section 110(a)(2)(I).
    (e) Disapproval--USEPA disapproves Rule 204(h) for those sources for 
which USEPA has disapproved rules 204(c) and 204(e). This disapproval 
does not in and of itself result in the growth restrictions of section 
110(a)(2)(I).
    (f) Approval--USEPA approves rule 204(e)(3) for those sources able 
to show that the proposed emission rate will not cause or contribute to 
a violation of the NAAQS. The State must submit these emission 
limitations, along with the technical support to USEPA for approval.
    (g) Part D--Approval--The State plan for Alton Township, Madison 
County, which consists of a federally Enforceable State Operating Permit 
controlling sulfur dioxide emissions from the boilers and reheat 
furnaces at Laclede Steel, which was submitted on November 18, 1993, is 
approved.
    (h) Approval--On November 10, 1994, the Illinois Environmental 
Protection Agency submitted a sulfur dioxide redesignation request and 
maintenance plan for Peoria and Hollis Townships in Peoria County and 
Groveland Township in Tazewell County to redesignate the townships to 
attainment for sulfur

[[Page 293]]

dioxide. The redesignation request and maintenance plan meet the 
redesignation requirements in section 107(d)(3)(d) of the Clean Air Act 
(Act) as amended in 1990.

[45 FR 62806, 62809, Sept. 22, 1980, as amended at 50 FR 5250, Feb. 7, 
1985; 59 FR 18753, Apr. 20, 1994; 60 FR 17001, Apr. 4, 1995]



Sec. 52.725  Control strategy: Particulates.

    (a) [Reserved]
    (b) Part D--Disapproval. (1) U.S. EPA disapproves the provisions of 
Rule 203(f) which allow the use of an equivalent method without review 
and approval of that method. Any source subject to Rule 203(f) which 
chooses to use an equivalent method must have that equivalent method 
submitted to U.S. EPA and approved as a SIP revision.
    (2) U.S. EPA disapproves the following portions of Rule 203(d)(5) 
which regulate the control of particulate matter from specific sources 
within the iron and steel industry: Rule 205(d)(5)(B)(ii), Rule 
205(d)(5)(B)(iii), Rule 205(d)(5)(D), and Rule 205(d)(5)(K).
    (3) USEPA disapproves a proposed SIP revision submitted by the State 
on May 12, 1982, in the form of a May 18, 1981 Consent Decree (Civil 
Action 81-3009) to which USEPA, Illinois Environmental Protection Agency 
and National Steel Corporation are parties and a draft Alternative 
Control Strategy Permit. This submission was modified by the State, 
September 30, 1982, with the submission of a separate document embodying 
the elements of the Alternative Control Strategy. This separate document 
was intended to become an enforceable part of the SIP.
    (c) Approval--On September 28, 1988, the State of Illinois submitted 
a committal SIP for particulate matter with an aerodynamic diameter 
equal to or less than 10 micrometers (PM10) for the Illinois Group 
II areas of concern in DuPage, Will, Rock Island, Macon, Randolph, and 
St. Clair Counties. The committal SIP contains all the requirements 
identified in the July 1, 1987, promulgation of the SIP requirements for 
PM10 at 52 FR 24681.

[45 FR 11493, Feb. 21, 1980, as amended at 46 FR 44185, Sept. 3, 1981; 
47 FR 26620, June 21, 1982; 48 FR 45246, Oct. 4, 1983; 49 FR 1905, Jan. 
16, 1984; 55 FR 20266, May 16, 1990]



Sec. 52.726  Control strategy: Ozone.

    (a) Part D--Conditional Approval--The Illinois plan is approved 
provided that the following conditions are satisfied:
    (1) [Reserved]
    (2) The State conducts a study to demonstrate that the 75 percent 
overall control efficiency requirement in Rule 205(n) represents RACT, 
submits the results of the study to USEPA, and submits any necessary 
regulations representing RACT to the Illinois Pollution Control Board. 
The State must comply with these conditions by February 28, 1981. Any 
necessary regulations must be finally promulgated by the State and 
submitted to USEPA by February 28, 1982.
    (3) Extension of Condition--USEPA approves the date of July 31, 1984 
for the State of Illinois to satisfy the condition of approval to the 
ozone State Implementation Plan listed in paragraph (a)(2) of this 
section.
    (b) Disapproval--USEPA disapproves the compliance schedule in Rule 
205(j) as it applies to loading rack controls for all emission sources 
subject to Rule 205(b)(1), as approved by USEPA on May 31, 1972 which 
were required to be in compliance by December 31, 1973. This disapproval 
does not in and of itself result in the growth restrictions of section 
110(a)(2)(I).
    (c) Negative Declarations--Stationary Source Catagories. The State 
of Illinois has certified to the satisfaction of USEPA that no sources 
are located in the nonattainment areas of the State which are covered by 
the following Control Technique Guidelines:
    (1) High density polyethylene and polypropylene manufacturers.
    (2) Vegetable oil processing sources with volatile organic compound 
emissions equal to or greater than 100 tons per year.
    (d) Part D Disapproval--The Administrator finds that Illinois' ozone 
plan for Cook, Lake, DuPage and Kane Counties, which was required to be 
submitted by July 1, 1982, does not satisfy all the requirements of Part 
D, Title I of the Clean Air Act and, thus, is disapproved. No major new 
stationary source, of major modification of a stationary source, or 
volatile organic compounds may be constructed in

[[Page 294]]

Cook, Lake, DuPage or Kane Counties, unless the construction permit 
application is complete on or before November 16, 1988. This disapproval 
does not affect USEPA's approval (or conditional approval) of individual 
parts of Illinois' ozone plan, and they remain approved.
    (e) Disapproval--The Administrator finds that the following State 
rules have not been demonstrated to be consistent with the reasonably 
available control technology requirements of section 172 of the Clean 
Air Act, as amended in 1977, and thus, are disapproved: subpart F, 
section 215.204(c); subpart F, section 215.206(b); subpart F, section 
215.204(j)(4); subpart I; subpart AA; subpart PP; subpart QQ; subpart 
RR; subpart A, section 215.102; subpart T; subpart H, section 215.245; 
subpart F, section 215.207; and subpart A, section 215.107, all of title 
35; Environmental Protection; subtitle B: Air Pollution; Chapter 1: 
Pollution Control Board of the Illinois Administrative Code (June 1989).
    (f) On September 30, 1992, the State submitted rules regulating 
volatile organic compound emissions from gasoline dispensing facilities' 
motor vehicle fuel operations (Stage II vapor recovery rules) in the 
Chicago ozone nonattainment area. The Illinois Environmental Protection 
Agency Bureau of Air must as part of the program conduct inspections of 
facilities subject to this rule to ensure compliance with the applicable 
rules. These inspections will be conducted on an annual basis or an 
alternative schedule as approved in the USEPA Fiscal Year Inspection 
Program Plan.
    (g) Approval--The Administrator approves the incorporation of the 
photochemical assessment ambient monitoring system submitted by Illinois 
on November 4, 1993, into the Illinois State Implementation Plan. This 
submittal satisfies 40 CFR 58.20(f) which requires the State to provide 
for the establishment and maintenance of photochemical assessment 
monitoring stations (PAMS) by November 12, 1993.
    (h) Approval--On November 12, 1993, the Illinois Environmental 
Protection Agency submitted an ozone redesignation request and 
maintenance plan for Jersey County ozone nonattainment area and 
requested that Jersey County be redesignated to attainment for ozone. 
The redesignation request and maintenance plan meet the redesignation 
requirements in section 107(d)(3)(d) of the Act. The redesignation meets 
the Federal requirements of section 182(a)(1) of the Clean Air Act as a 
revision to the Illinois ozone State Implementation Plan for Jersey 
County.
    (i) The base year (1990) ozone emission inventory requirement of 
section 182(a)(1) of the Clean Air Act, as amended in 1990, has been 
satisfied for the following Illinois ozone nonattainment areas: the 
Chicago nonattainment area--Cook, DuPage, Kane, Lake, Will and McHenry 
Counties, Aux Sable and Gooselake Townships in Grundy County, and Oswego 
Township in Kendall County; the Metro-East St. Louis nonattainment 
area--Madison, Monroe, and St. Clair Counties; and Jersey County.
    (j) Approval--On July 14, 1994, Illinois submitted two of three 
elements required by section 182(d)(1)(A) of the Clean Air Amendments of 
1990 to be incorporated as part of the vehicle miles traveled (VMT) 
State Implementation Plan intended to offset any growth in emissions 
from a growth in vehicle miles traveled. These elements are the 
offsetting of growth in emissions attributable to growth in VMT which 
was due November 15, 1992, and, transportation control measures (TCMs) 
required as part of Illinois' 15 percent reasonable further progress 
(RFP) plan which was due November 15, 1993. Illinois satisfied the first 
requirement by projecting emissions from mobile sources and 
demonstrating that no increase in emissions would take place. Illinois 
satisfied the second requirement by submitting the TCMs listed in Table 
1 which are now approved into the Illinois SIP.

[[Page 295]]



                                                     Table 1                                                    
----------------------------------------------------------------------------------------------------------------
                                                                                                          SIP   
             Project type                       Location description              Completion status      credit 
                                                                                                        VOC tpd 
----------------------------------------------------------------------------------------------------------------
RS/SIG MOD...........................  Madison Street (Western Ave. to         Done..................   0.015400
                                        Halsted Street).                                                        
SIG COORD............................  Willow Road (Landwer Road to Shermer).  Awarded...............   0.052000
SIG COORD............................  Rand Road (Baldwin Road to Kennicott).  Awarded...............   0.052000
SIG COORD............................  Northwest Hwy (Potter Road to           Awarded...............   0.030000
                                        Cumberland Avenue).                                                     
SIGS/SIG COORD.......................  159th Street (US 45 to 76th Ave & at    Awarded...............   0.030000
                                        91st Avenue).                                                           
SIG COORD............................  Harlem Ave. (71st St. to 92nd)........  Awarded...............   0.052000
SIG COORD............................  Harlem Ave. (99th Street to 135th St.)  Awarded...............   0.052000
RECONST/SIGS/LTS.....................  Archer Ave. (88th Ave to 65th St.)....  Awarded...............   0.030000
SIG COORD............................  Ogden Ave. (N. Aurora Road to Naper     Awarded...............   0.030000
                                        Boulevard).                                                             
SIG COORD............................  North Ave. (Tyler to Kautz)...........  Awarded...............   0.030000
SIG COORD............................  Higgens Road (Il 72 at Il 31).........  Awarded...............   0.030000
SIG COORD............................  Sheridan Road (Il 173 to Wadsworth)...  Awarded...............   0.030000
SIG COORD............................  Lagrange Road (Belmont to Lake St.)...  Awarded...............   0.030000
SIG COORD............................  Dundee Road (Sanders Road to Skokie     Awarded...............   0.052000
                                        Valley Road).                                                           
SIG COORD............................  Dundee Road (Buffalo Grove Road to Il   Awarded...............   0.030000
                                        21).                                                                    
INT IMP/SIG COORD....................  Golf Road (E. River Road to Washington  Awarded...............   0.052000
                                        Ave.).                                                                  
SIG COORD............................  Golf Road (Barrington to Roselle Road)  Awarded...............   0.030000
SIG COORD............................  Higgins Road (Barrington to Roselle     Awarded...............   0.030000
                                        Road).                                                                  
SIG COORD............................  Joe Orr Road (Vincennes Ave. to Il 1).  Awarded...............   0.030000
----------------------------------------------------------------------------------------------------------------


                                                     Table 1                                                    
----------------------------------------------------------------------------------------------------------------
             Project type                         Location description            Completion status   SIP credit
----------------------------------------------------------------------------------------------------------------
SIG COORD/RS..........................  Crawford Ave. (93rd Street to 127th      Awarded                0.052000
                                         Street).                                                               
SIG COORD.............................  IL 53 (Briarcliff to South of I-55)....  Done                   0.030000
SIG COORD.............................  Ogden Ave. (Oakwood Avenue to Fairview   Awarded                0.019000
                                         Avenue).                                                               
SIG COORD.............................  US 14 (Rohlwing Road to Wilke Road)....  Awarded                0.030000
SIG COORD.............................  US 30 (At Cottage Grove, Ellis St).....  Awarded                0.030000
SIG COORD.............................  IL 53 (Modonough to Mills).............  Done                   0.030000
SIG CONN..............................  Ogden Ave. (IL 43 to 31st Street)......  Awarded                0.013000
SIG CONN..............................  US 12 (Long Grove--Hicks Road).........  Awarded                0.055200
SIG CONN..............................  North Ave. (Oak Park to Ridgeland).....  Awarded                0.007000
SIG CONN..............................  Roosevelt Road (Westchester Bl--IL 43).  Awarded                0.137000
SIG CONN..............................  Depster St (Keeler to Crawford Ave.)...  Awarded                0.010000
SIG CONN..............................  Arlington Hgts Rd. (Thomas to Central).  Awarded                0.044000
SIG CONN..............................  Palatine Rd. (Shoenbeck to Wolf Roads).  Awarded                0.042500
SIG CONN..............................  Western Ave. (US 30--Lakewood).........  Awarded                0.018900
RS/INT IMP............................  North Ave. (I-290 to IL 43)............  Awarded                0.056100
INT IMP...............................  Plum Grove Rd. (At Higgins Road).......  Awarded                0.010700
INT IMP...............................  St Street (At Illinois)................  Awarded                0.002700
RS/SIG MOD/INT IMP....................  Illinois/Grand (Kingsbury to Lake Shore  Done                   0.004200
                                         Drive).                                                                
ADD TURN LANES........................  York Rd. (Industrial to Grand Ave.)....  Done                   0.003800
SERVICE IMP...........................  SW Route Lane Service..................  Scheduled              0.005516
SIG INTCONN...........................  Washington Street......................  Scheduled              0.030370
SIG INTCONN...........................  IL 59..................................  Scheduled              0.068650
ENGR..................................  Citywide--Naperville...................  ...................    0.086230
SIG INTCONN...........................  Washington Street......................  Scheduled              0.008230
SIG INTCONN...........................  Lewis Ave. (Yorkhousse to ILL 173).....  Scheduled              0.034600
SIG INTCONN...........................  Schaumberg Rd. (Barrington to            Scheduled              0.078080
                                         Martingale).                                                           
Vanpool Program (94 vehicles).........  Region-Wide Suburban...................  Done                   0.134000
Transp. Center........................  North West Cook County.................  Done                   0.032835
Transp. Center........................  Sears T.F..............................  Done                   0.005805
Station...............................  Clark/Lake.............................  Done                   0.010000
Station Recon.........................  18 Th Douglas Line.....................  Done                   0.001500
Station Recon.........................  Linden.................................  Done                   0.001500
Station Recon.........................  Cottage Grove..........................  Done                   0.001300
Com. Pkg..............................  Lisle..................................  Done                   0.010177
Com. Pkg..............................  Jefferson Park.........................  Done                   0.000110
Com. Pkg..............................  Edison Park............................  Done                   0.003614
Com. Pkg..............................  Palatine...............................  Done                   0.004336
Com. Pkg..............................  Central Street.........................  Done                   0.000519
Com. Pkg..............................  Palatine...............................  Done                   0.004890
Com. Pkg..............................  Crystal Lake...........................  Done                   0.034948
Com. Pkg..............................  137Th/Riverdale........................  Done                   0.004565
Com. Pkg..............................  River Forest...........................  Done                   0.000289
Com. Pkg..............................  115Th/Kensington.......................  Done                   0.002795
Com. Pkg..............................  119Th St...............................  Done                   0.004483
Com. Pkg..............................  Wilmette...............................  Done                   0.001587
Com. Pkg..............................  111Th St...............................  Done                   0.000507

[[Page 296]]

                                                                                                                
Com. Pkg..............................  Edison Park............................  Done                   0.002371
Com. Pkg..............................  Joliet.................................  Done                   0.003967
Com. Pkg..............................  Hanover Park...........................  Done                   0.021799
Com. Pkg..............................  Bartlett...............................  Done                   0.008911
Com. Pkg..............................  Chicago Ridge..........................  Done                   0.002159
Com. Pkg..............................  103 Rd St..............................  Done                   0.000675
Com. Pkg..............................  Elmhurst...............................  Done                   0.003857
Com. Pkg..............................  Bartlett...............................  Done                   0.009326
Com. Pkg..............................  Morton Grove...........................  Done                   0.001444
Com. Pkg..............................  Palatine...............................  Done                   0.003598
Com. Pkg..............................  Harvard................................  Done                   0.006299
Com. Pkg..............................  Willow Springs.........................  Done                   0.001200
Com. Pkg..............................  Edgebrook..............................  Done                   0.002240
Com. Pkg..............................  Bensenville............................  Done                   0.002010
Com. Pkg..............................  Hanover Park...........................  Done                   0.015020
Com. Pkg..............................  Midlothian.............................  Done                   0.002570
Com. Pkg..............................  Route 59...............................  Done                   0.025020
Com. Pkg..............................  Lake Forest (West).....................  Done                   0.013780
Com. Pkg..............................  Lombard................................  Done                 ..........
Com. Pkg..............................  Elmhurst...............................  Done                   0.001010
Com. Pkg..............................  Woodstock..............................  Done                   0.019000
Com. Pkg..............................  University Park........................  Done                   0.019950
Com. Pkg..............................  Grayslake..............................  Done                   0.006210
Com. Pkg..............................  Oak Forest.............................  Done                   0.004260
Com. Pkg..............................  91 St St...............................  Done                   0.003380
Com. Pkg..............................  Lockport...............................  Done                   0.007360
Com. Pkg..............................  Ravenswood.............................  Done                   0.000130
Com. Pkg..............................  Hickory Creek..........................  Done                   0.060140
Com. Pkg..............................  Cary...................................  Done                   0.005980
Com. Pkg..............................  Blue Island............................  Done                   0.019430
Com. Pkg..............................  Lemont.................................  Done                   0.016200
Com. Pkg..............................  Itasca.................................  Done                   0.003860
Com. Pkg..............................  Maywood................................  Done                   0.000600
Com. Pkg..............................  Ivanhoe................................  Done                   0.001960
Com. Pkg..............................  Ravinia................................  Done                   0.003210
Com. Pkg..............................  Fox River Grove........................  Done                   0.025170
Com. Pkg..............................  Medinah................................  Done                   0.012250
Com. Pkg..............................  Hanover Park...........................  Done                   0.011840
Com. Pkg..............................  Worth..................................  Done                   0.003530
Com. Pkg..............................  Roselle................................  Done                   0.007710
Com. Pkg..............................  Crystal Lake...........................  Done                   0.015050
Com. Pkg..............................  Gresham................................  Done                   0.000300
Com. Pkg..............................  Barrington.............................  Done                   0.002420
Rideshare Prog........................  Regionwide.............................  Scheduled              0.040000
Rapid Transit Service.................  Midway Airport.........................  Done                   0.220000
Transp. Center........................  Deerfield Lake-Cook....................  Done                   0.004160
Station Recon.........................  Davis St...............................  Done                   0.004000
Station Recon.........................  Addison................................  Done                   0.004000
Station Recon.........................  King Drive.............................  Done                   0.003000
Station Recon.........................  Washington/Wells.......................  Done                   0.003000
Com. Pkg..............................  Cary...................................  Done                   0.027910
Com. Pkg..............................  Morton Grove...........................  Done                   0.002460
Com. Pkg..............................  80th Ave...............................  Scheduled              0.043200
Com. Pkg..............................  Round Lake.............................  Done                   0.015150
Com. Pkg..............................  Grayslake..............................  Done                   0.009170
Com. Pkg..............................  Ingleside..............................  Scheduled              0.005430
Com. Pkg..............................  Schamburg..............................  Scheduled              0.042090
Com. Pkg..............................  Oak Forest.............................  Scheduled              0.004680
Com. Pkg..............................  Lake Cook..............................  Scheduled              0.026390
Com. Pkg..............................  Grayslake..............................  Scheduled              0.035290
----------------------------------------------------------------------------------------------------------------

    (k) Approval--EPA is approving the section 182(f) oxides of nitrogen 
(NOX) reasonably available control technology (RACT), new source 
review (NSR), vehicle inspection/maintenance (I/M), and general 
conformity exemptions for the Illinois portion of the Chicago-Gary-Lake 
County severe ozone nonattainment area as requested by the States of 
Illinois, Indiana, Michigan, and Wisconsin in a July 13, 1994 submittal. 
This approval does not

[[Page 297]]

cover the exemption of NOX transportation conformity requirements 
of section 176(c) for this area. Approval of these exemptions is 
contingent on the results of the final ozone attainment demonstration 
expected to be submitted in mid-1997. The approval will be modified if 
the final attainment demonstration demonstrates that NOX emission 
controls are needed in the nonattainment area to attain the ozone 
standard in the Lake Michigan Ozone Study modeling domain.
    (l) Approval--The United States Environmental Protection Agency is 
approving under section 182(b)(1) of the Clean Air Act the exemption of 
the Chicago severe, ozone nonattainment area from the build/no-build and 
less than-1990 interim transportation conformity oxides of nitrogen 
requirements as requested by the State of Illinois in a June 20, 1995 
submittal. In light of the modeling completed thus far and considering 
the importance of the OTAG process and attainment plan modeling efforts, 
USEPA grants this NOX waiver on a contingent basis. As the OTAG 
modeling results and control recommendations are completed in 1996, this 
information will be incorporated into attainment plans being developed 
by the LADCO States. When these attainment plans are submitted to USEPA 
in mid-1997, these new modeling analyses will be reviewed to determine 
if the NOX waiver should be continued, altered, or removed. USEPA's 
rulemaking action to reconsider the initial NOX waiver may occur 
simultaneously with rulemaking action on the attainment plans. The USEPA 
also reserves the right to require NOX emission controls for 
transportation sources under section 110(a)(2)(D) of the Act if future 
ozone modeling demonstrates that such controls are needed to achieve the 
ozone standard in downwind areas. The Chicago severe ozone nonattainment 
area includes the Counties of Cook, DuPage, Grundy (Aux Sable and 
Gooselake Townships), Kane, Kendall (Oswego Township), Lake, McHenry, 
and Will.

[45 FR 55197, Aug. 19, 1980, as amended at 45 FR 62810, Sept. 22, 1980; 
47 FR 26620, June 21, 1982; 50 FR 5250, Feb. 2, 1985; 52 FR 26012, July 
10, 1987; 53 FR 40426, Oct. 17, 1988; 55 FR 21751, May 29, 1990; 55 FR 
26909, June 29, 1990; 58 FR 3844, Jan. 12, 1993; 59 FR 9092, Feb. 25, 
1994; 59 FR 64855, Dec. 16, 1994; 60 FR 13634, Mar. 14, 1995; 60 FR 
13635, Mar. 14, 1995; 60 FR 48899, Sept. 21, 1995; 61 FR 2437, Jan. 26, 
1996; 61 FR 5295, Feb. 12, 1996]
Sec. 52.727  [Reserved]
Sec. 52.728  Control strategy: Nitrogen dioxide. [Reserved]
Sec. 52.729  [Reserved]



Sec. 52.730   Compliance schedules.

    (a) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (b) Federal compliance schedules. (1) Except as provided in 
paragraph (b)(3) of this section, the owner or operator of any 
stationary source subject to the following emission limiting regulations 
in the Illinois implementation plan shall comply with the applicable 
compliance schedule in paragraph (b)(2) of this section: Illinois Air 
Pollution Control Regulations Rule 203(d)(4), 203(d)(6)(B)(ii)(bb), 
203(g)(1)(B), 203(g)(2), 203(g)(3), 203(g)(4), 204(c)(1)(A), 204(c)(2), 
204(d), and 204(e).
    (2) Compliance schedules. (i) The owner or operator of any 
stationary source subject to Illinois Air Pollution Control Regulation 
Rule 203(d)(4) shall take the following actions with respect to the 
source no later than the date specified.
    (a) September 30, 1973--Advertise for bids for purchase and 
construction or installation of equipment, or for materials requisite 
for process modification sufficient to control particulate emissions 
from the source.
    (b) November 15, 1973--Award contracts for emission control systems 
or process modification, or issue orders

[[Page 298]]

for the purchase of component parts to accomplish emission control or 
process modification.
    (c) May 31, 1974--Initiate onsite construction or installation of 
emission control system or process modification.
    (d) March 31, 1975--Complete onsite construction or installation of 
emission system or process modification.
    (e) May 31, 1975--Complete shakedown operation and performance test 
on source, submit performance test results to the Administrator; achieve 
full compliance with State agency regulation.
    (ii) The owner or operator of any stationary source subject to 
Illinois Air Pollution Control Regulation Rule 203(d)(6)(B)(ii)(bb) 
shall take the following actions with respect to the source no later 
than the date specified.
    (a) September 30, 1973--Advertise for bids for purchase and 
construction or for modification of equipment sufficient to control 
particulate emissions from the source.
    (b) November 15, 1973--Award contracts for emissions control systems 
or process modification, or issue orders for the purchase of component 
parts to accomplish emission control or process modification.
    (c) March 31, 1974--Initiate onsite construction or installation of 
emission control system.
    (d) October 31, 1974--Complete onsite construction or installation 
of emission control system.
    (e) December 31, 1974--Achieve final compliance with Illinois Air 
Pollution Control Regulations Rule 203(d)(6)(B)(ii)(bb).
    (iii) (a) The owner or operator of any boiler or furnace of more 
than 250 million BTU per hour heat input subject to Illinois Air 
Pollution Control Regulation Rule 204(c)(1)(A), 204(c)(2), 204(d), and 
204(e) shall notify the Administrator, no later than October 1, 1973, of 
his intent to utilize either low-sulfur fuel or stack gas 
desulfurization to the requirements of said regulation.
    (b) Any owner or operator of a stationary source subject to 
paragraph (b)(2)(iii)(a) of this section who elects to utilize low 
sulfur fuel shall take the following actions with respect to the source 
no later than the date specified.
    (1) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with Illinois Air Pollution Control Regulations Rule 
204(c)(1)(A), 204(c)(2), 204(d), and 204(e) on May 31, 1975, and for at 
least one year thereafter.
    (2) December 31, 1973--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (3) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (4) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (5) June 15, 1974--Initiate onsite modifications, if applicable.
    (6) March 31, 1975--Complete onsite modifications, if applicable.
    (7) May 31, 1975--Final compliance with the emission limitation of 
Rules 204(c)(1)(A), 204(c)(2), 204(d), and 204(e).
    (c) Any owner or operator of a fuel combustion source subject to 
paragraph (b)(2)(iii)(a) of this section who elects to utilize stack gas 
desulfurization shall take the following actions with respect to the 
source no later than the date specified.
    (1) November 1, 1973--Let necessary contracts for construction.
    (2) March 31, 1974--Initiate onsite construction.
    (3) March 31, 1975--Complete onsite construction.
    (4) May 31, 1975--Complete shakedown operations and performance test 
on source, submit performance test results to the Administrator; achieve 
full compliance with Rule 204(c)(1)(A), 204(c)(2), 204(d), and 204(e).
    (iv) (a) The owner or operator of any stationary source subject to 
Illinois Air Pollution Control Regulations Rule 203(g)(1)(B), 203(g)(2), 
203(g)(3), and 203(g)(4) shall notify the Administrator, no later than 
October 1, 1973, of his intent to utilize either low ash fuel or a stack 
gas cleaning system to meet the requirements of said regulation.
    (b) Any owner or operator of a stationary source subject to 
paragraph (b)(2)(iv)(a) of this section who elects to utilize low ash 
fuel shall take the

[[Page 299]]

following actions with respect to the source no later than the date 
specified.
    (1) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with Illinois Air Pollution Control Regulations Rule 
203(g)(1)(B), 203(g)(2), 203(g)(3), and 203(g)(4) on May 31, 1975, and 
for at least one year thereafter.
    (2) December 31, 1973--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (3) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (4) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (5) June 15, 1974--Initiate onsite modifications, if applicable.
    (6) March 31, 1975--Complete onsite modifications, if applicable.
    (7) May 31, 1975--Final compliance with the emission limitation of 
Rule 203(g)(1)(B), 203(g)(2), 203(g)(3), and 203(g)(4).
    (c) Any owner or operator of a stationary source subject to 
paragraph (b)(2)(iv)(a) of this section who elects to utilize a stack 
gas cleaning system shall take the following actions with respect to the 
source no later than the date specified.
    (1) January 15, 1974--Let necessary contracts for construction.
    (2) April 1, 1974--Initiate onsite construction.
    (3) April 1, 1975--Complete onsite construction.
    (4) May 31, 1975--Complete shakedown operations and performance 
tests on source, submit performance test results to the Administrator; 
achieve full compliance with Rule 203(g)(1)(B), 203(g)(2), 203(g)(3), 
and 203(g)(4).
    (v) Ten days prior to the conduct of any performance test required 
by this paragraph, the owner or operator of the affected source shall 
give notice of such test to the Administrator to afford him the 
opportunity to have an observer present.
    (vi) Any owner or operator subject to a compliance schedule above 
shall certify to the Administrator, within five days after the deadline 
for each increment of progress in that schedule, whether or not the 
increment has been met.
    (3)(i) None of the above paragraphs shall apply to a source which is 
presently in compliance with applicable regulations and which has 
certified such compliance to the Administrator by October 1, 1973. The 
Administrator may request whatever supporting information he considers 
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (4) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedules in paragraph (b)(2) of this section fail to 
satisfy the requirements of Secs. 51.261 and 51.262(a) of this chapter.
    (c) [Reserved]
    (d) The compliance schedules for the sources identified below are 
disapproved as not meeting the requirements of subpart N of this 
chapter. All regulations cited are air pollution control regulations of 
the State, unless otherwise noted.

[[Page 300]]



----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved     Date schedule adopted 
----------------------------------------------------------------------------------------------------------------
                                                christian county                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Allied Mills, Inc....................  Taylorville............  204(c).................  Feb. 28, 1973.         
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                   cook county                                                  
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Harco Aluminum Inc...................  Chicago................  204(c).................  Dec. 9, 1973.          
J. L. Clark Manufacturing Co.........  Downers Grove..........  205(f).................  May 4, 1973.           
Johnson & Johnson....................  Bedford Park...........  205(f).................  Jun. 20, 1973.         
Lloyd J. Harris Pie, Co. Inc.........  Chicago................  204(c).................  Feb. 27, 1973.         
Union Oil Co. of California..........  ......do...............  204(c).................  Jun. 19, 1973,         
  (a) No. 10 boiler..................                                                    Dec. 13, 1973.         
  (b) 11BIA crude heater.............                                                                           
W. H. Hutchingson & Son, Inc.........  ......do...............  205(f).................  Aug. 12, 1973.         
Western Rust Proof Co................  ......do...............  204(c).................  Oct. 10, 1973.         
Wheeler Uniform Service Inc..........  ......do...............  204(c).................  May 22, 1973.          
Wm. Yuenger Manufacturing Co.........  ......do...............  204(c).................  Aug. 16, 1973.         
World's Finest Chocolate Inc.........  ......do...............  204(c).................  May 30, 1973.          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 jackson county                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Tuck Industries, Inc.................  Carbondale.............  204(c).................  Jun. 20, 1973.         
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                   kane county                                                  
                                                                                                                
----------------------------------------------------------------------------------------------------------------
All Steel Equipment Corp.............  Montgomery.............  204(f).................  July 24, 1973.         
Consolidated Food Inc................  Aurora.................  205(f).................  May 9, 1973.           
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                   lake county                                                  
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Morton Manufacturing Co..............  Libertyville...........  205(f).................  Aug. 27, 1973.         
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 la salle county                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Allied Mills Inc.....................  Mendota................  204(c).................  May 28, 1973.          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 madison county                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Clark Oil & Refining Corp............  Hartford...............  204(f).................  Feb. 22, 1973.         
Granite City Steel Co................  Granite City...........  203(d)(6)..............  Apr. 25, 1972.         
  (a) Coke oven pushing operations...  .......................  .......................  as amended.            
  (b) Charging operations............  .......................  .......................  May 21, 1973.          
Illinois Power Company (Wood River     E. Alton...............  204(c).................  May 1, 1973.           
 Boiler No. 5).                                                                                                 
Owens-Illinois Inc...................  Madison................  204(c).................  May 2, 1973.           
Owen-Illinois Inc. (No. 2 Powerhouse)  Alton..................  204(c).................  Mar. 30, 1973.         
Shell Oil Co. (Cat. Cracker Units      Roxana.................  203(b).................  Nov. 27, 1972.         
 Nos. 1, 2).                                                                                                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 randolf county                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Chester Dairy Co.....................  Chester................  204(c).................  Aug. 6, 1973.          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                st. clair county                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Lock Stove Co........................  East St. Louis.........  205(b).................  June 11, 1973.         
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 tazewell county                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Quaker Oats Co.......................  Pekin..................  204(c).................  May 24, 1973.          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                vermillion county                                               
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Lauhoff Grain Co.....................  Danville...............  204(c).................  Mar. 31, 1973.         
----------------------------------------------------------------------------------------------------------------

[38 FR 16145, June 20, 1973, as amended at 38 FR 22742, Aug. 23, 1973; 
38 FR 24342, Sept. 7, 1973; 39 FR 28155, Aug. 5, 1974; 51 FR 40675, 
40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989]

[[Page 301]]

Secs. 52.731-52.735  [Reserved]



Sec. 52.736  Review of new sources and modifications.

    (a) [Reserved]
    (b) The rules submitted by the State on March 24, 1988, to satisfy 
the requirements of the Clean Air Act are approved. These rules are part 
203: Major Stationary Sources Construction and Modification as effective 
March 22, 1991. The moratorium on construction and modification of new 
sources in nonattainment areas as provided in section 110(a)(2)(I) of 
the Clean Air Act is revoked.

[57 FR 59935, Dec. 17, 1992]



Sec. 52.737  Operating permits.

    Emission limitation and other provisions contained in operating 
permits issued by the State in accordance with the provisions of the 
federally approved permit program shall be the applicable requirements 
of the federally approved Illinois SIP for the purpose of section 113 of 
the Clean Air Act and shall be enforceable by USEPA and by any person in 
the same manner as other requirements of the SIP. USEPA reserves the 
right to deem an operating permit not federally enforceable. Such a 
determination will be made according to appropriate procedures, and be 
based upon the permit, permit approval procedures or permit requirements 
which do not conform with the operating permit program requirements or 
the requirements of USEPA's underlying regulations.

[57 FR 59936, Dec. 17, 1992]



Sec. 52.738   Significant deterioration of air quality.

    (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 Sec. 52.21(b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of Illinois.
    (c) All applications and other information required pursuant to 
Sec. 52.21 from sources located in the State of Illinois shall be 
submitted to the Director of the Illinois Environmental Protection 
Agency, 2200 Churchill Road, Springfield, Illinois 62706 instead of the 
EPA Region V office.

[45 FR 52741, Aug. 7, 1980, as amended at 46 FR 9584, Jan. 29, 1981]



Sec. 52.739  Permit fees.

    (a) The requirements of section 110(a)(2)(K) of the Clean Air Act as 
amended in 1977 are not met since the state has not submitted to EPA, as 
a part of its State Implementation Plan, provisions for a permit fee 
system.

[46 FR 23237, Apr. 24, 1981]



Sec. 52.740  Interstate pollution.

    (a) The requirements of section 126(a)(2) of the Clean Air Act as 
amended in 1977 are not met since the state has not submitted to EPA, as 
a part of its State Implementation Plan, the procedures on which the 
state is relying to notify nearby states of any proposed major 
stationary source which may significantly contribute to levels of air 
pollution in excess of the National Ambient Air Quality Standards in 
that state.

[46 FR 23237, Apr. 24, 1981]



Sec. 52.741  Control strategy: Ozone control measures for Cook, DuPage, Kane, Lake, McHenry and Will Counties.

    (a) General Provisions--(1) Abbreviations and conversion factors. 
(i) The following abbreviations are used in Sec. 52.741:

ASTM                                American Society for Testing and    
                                     Materials.                         
bbl                                 barrels (42 gallons).               
 deg.C                              degrees Celsius or centigrade.      
cm                                  centimeters.                        
cu in.                              cubic inches.                       
 deg.F                              degrees Fahrenheit.                 
FIP                                 Federal implementation plan.        
ft                                  feet.                               
ft\2\                               square feet.                        
g                                   grams.                              
gpm                                 gallons per minute.                 
g/mole                              grams per mole.                     
gal                                 gallons.                            
hr                                  hours.                              
in                                  inches.                             
K                                   degrees Kelvin.                     
kcal                                kilocalories.                       

[[Page 302]]

                                                                        
kg                                  kilograms.                          
kg/hr                               kilograms per hour.                 
kPa                                 kilopascals; one thousand newtons   
                                     per square meter.                  
l                                   liters.                             
l/sec                               liters per second.                  
lbs                                 pounds.                             
lbs/hr                              pounds per hour.                    
lbs/gal                             pounds per gallon.                  
LEL                                 lower explosive limit.              
m                                   meters.                             
m\2\                                square meters.                      
m\3\                                cubmic meters.                      
mg                                  milligrams.                         
Mg                                  Megagrams, metric tons or tonnes.   
ml                                  milliliters.                        
min                                 minutes.                            
MJ                                  megajoules.                         
mm Hg                               millimeters of mercury.             
ppm                                 parts per million.                  
ppmv                                parts per million by volume.        
psi                                 pounds per square inch.             
psia                                pounds per square inch absolute.    
psig                                pounds per square inch gauge.       
scf                                 standard cubic feet.                
scm                                 standard cubic meters.              
sec                                 seconds.                            
SIP                                 State implementation plan.          
sq cm                               square centimeters.                 
sq in                               square inches.                      
USEPA                               United States Environmental         
                                     Protection Agency.                 
VOC                                 volatile organic compounds.         
VOL                                 volatile organic liquids.           
VOM                                 volatile organic materials.         
                                                                        

    (ii) The following conversion factors are used in Sec. 52.741.

                                                                        
              English                               Metric              
                                                                        
1 gal                                3.785 l.                           
1,000 gal                            3,785 l or 3.785 m\3\.             
1 psia                               6.897 kPa (51.71 mm Hg).           
2.205 lbs                            1 kg.                              
1 bbl                                159.0 l.                           
1 cu in                              16.39 ml.                          
1 lb/gal                             119,800 mg/l.                      
1 ton                                0.907 Mg.                          
                                                                        

    (2) Applicability. Effective October 11, 1994 Illinois 
Administrative Code Title 35: Environmental Protection, Subtitle B: Air 
Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions 
Standards and Limitations for Stationary Sources, Part 218: Organic 
Materials Emissions Standards and Limitations for the Chicago Area 
replaces the requirements of 40 CFR 52.741 Control strategy: Ozone 
control measures for Cook, DuPage, Kane, Lake, McHenry and Will County 
as the federally enforceable control measures in these counties except 
as noted in paragraphs (a)(2)(i) through (iii) of this section.
    (i) Illinois' major non-CTG sources in the Chicago area, subject to 
paragraph u, v, w, or x because of the applicability criteria in these 
paragraphs, continue to be subject to paragraphs u, v, w, x, and in 
addition they remain subject to the recordkeeping requirements in 
paragraph y and any related parts of section 52.741 necessary to 
implement these paragraphs, e.g., those paragraphs containing test 
methods, definitions, etc.
    (ii) In accordance with section 218.101(b), all FIP requirements 
remain in effect (and are enforceable after October 11, 1994 for the 
period prior to October 11, 1994).
    (iii) Any source that received a stay, as indicated in section 
218.103(a)(2), remains subject to the stay if still in effect, or (if 
the stayis no longer in effect) the federally promulgated rule 
applicable to such source.
    (3) Definitions. The following terms are defined for the purpose of 
Sec. 52.741.

    Note: The Federal definitions supersede the State definitions for 
these terms, which were previously approved by USEPA as part of the SIP. 
The federally approved definitions for all other terms remain in effect 
and applicable to these Federal rules.

    Accelacota means a pharmaceutical coating operation which consists 
of a horizontally rotating perforated drum in which tablets are placed, 
a coating is applied by spraying, and the coating is dried by the flow 
of air across the drum through the perforations.
    Accumulator means the reservoir of a condensing unit receiving the 
condensate from a surface condenser.
    Actual emissions means the actual quantity of VOM emissions from an 
emission source during a particular time period.
    Adhesive means any substance or mixture of substances intended to 
serve as a joining compound.
    Administrator means the Administrator of the USEPA or that person's 
designee.
    Afterburner means a control device in which materials in gaseous 
effluent are combusted.
    Air contaminant means any solid, liquid, or gaseous matter, any 
odor, or any form of energy, that is capable of

[[Page 303]]

being released into the atmosphere from an emission source.
    Air dried coatings means any coatings that dry by use of air or 
forced air at temperatures up to 363.15 K (194  deg.F).
    Air pollution means the presence in the atmosphere of one or more 
air contaminants in sufficient quantities and of such characteristics 
and duration as to be injurious to human, plant, or animal life, to 
health, or to property, or to unreasonably interfere with the enjoyment 
of life or property.
    Air pollution control equipment means any equipment or facility of a 
type intended to eliminate, prevent, reduce or control the emission of 
specified air contaminants to the atmosphere.
    Air suspension coater/dryer means a pharmaceutical coating operation 
which consists of vertical chambers in which tablets or particles are 
placed, and a coating is applied and then dried while the tablets or 
particles are kept in a fluidized state by the passage of air upward 
through the chambers.
    Air-assisted airless spray means a spray coating method which 
combines compressed air with hydraulic pressure to atomize the coating 
material into finer droplets than is achieved with pure airless spray. 
Lower hydraulic pressure is used than with airless spray.
    Airless spray means a spray coating method in which the coating is 
atomized by forcing it through a small opening at high pressure. The 
coating liquid is not mixed with air before exiting from the nozzle.
    Allowable emissions means the quantity of VOM emissions during a 
particular time period from a stationary source calculated using the 
maximum rated capacity of the source (unless restricted by federally 
enforceable limitations on operating rate, hours of operation, or both) 
and the most stringent of:
    (A) The applicable standards in 40 CFR parts 60 and 61:
    (B) The applicable implementation plan; or
    (C) A federally enforceable permit.
    Ambient air quality standards means those standards designed to 
protect the public health and welfare codified in 40 CFR part 50 and 
promulgated from time to time by the USEPA pursuant to authority 
contained in Section 108 of the Clean Air Act, 42 U.S.C. 7401 et seq., 
as amended from time to time.
    Applicator means a device used in a coating line to apply coating.
    As applied means the exact formulation of a coating during 
application on or impregnation into a substrate.
    Asphalt means the dark-brown to black cementitious material (solid, 
semisolid, or liquid in consistency) of which the main constituents are 
bitumens which occur naturally or as a residue of petroleum refining.
    Automobile means a motor vehicle capable of carrying no more than 12 
passengers.
    Automobile or light-duty truck assembly plant means a facility where 
parts are assembled or finished for eventual inclusion into a finished 
automobile or light-duty truck ready for sale to vehicle dealers, but 
not including customizers, body shops, and other repainters.
    Automobile or light-duty truck refinishing means the repainting of 
used automobiles and light-duty trucks.
    Baked coatings means any coating which is cured or dried in an oven 
where the oven air temperature exceeds 90 deg.C (194 deg.F).
    Binders means organic materials and resins which do not contain 
VOM's.
    Bituminous coatings means black or brownish coating materials which 
are soluble in carbon disulfide, which consist mainly of hydrocarbons, 
and which are obtained from natural deposits or as residues from the 
distillation of crude oils or of low grades of coal.
    Brush or wipe coating means a manual method of applying a coating 
using a brush, cloth, or similar object.
    Bulk gasoline plant means a gasoline storage and distribution 
facility with an average throughput of 76,000 l (20,000 gal) or less on 
a 30-day rolling average that distributes gasoline to gasoline 
dispensing facilities.
    Can means any metal container, with or without a top, cover, spout 
or handles, into which solid or liquid materials are packaged.
    Can coating means any coating applied on a single walled container 
that is manufactured from metal sheets thinner than 29 gauge (0.0141 
in.).

[[Page 304]]

    Can coating facility means a facility that includes one or more can 
coating line(s).
    Can coating line means a coating line in which any protective, 
decorative, or functional coating is applied onto the surface of cans or 
can components.
    Capture means the containment or recovery of emissions from a 
process for direction into a duct which may be exhausted through a stack 
or sent to a control device. The overall abatement of emissions from a 
process with an add-on control device is a function both of the capture 
efficiency and of the control device.
    Capture device means a hood, enclosed room floor sweep or other 
means of collecting solvent or other pollutants into a duct. The 
pollutant can then be directed to a pollution control device such as an 
afterburner or carbon adsorber. Sometimes the term is used loosely to 
include the control device.
    Capture efficiency means the fraction of all VOM generated by a 
process that are directed to an abatement or recovery device.
    Capture system means all equipment (including, but not limited to, 
hoods, ducts, fans, ovens, dryers, etc.) used to contain, collect and 
transport an air pollutant to a control device.
    Clean Air Act means the Clean Air Act of 1963, as amended, including 
the Clean Air Act Amendments of 1977, (42 U.S.C. 7401 et seq.).
    Clear coating means coatings that lack color and opacity or are 
transparent using the undercoat as a reflectant base or undertone color.
    Clear topcoat means the final coating which contains binders, but 
not opaque pigments, and is specifically formulated to form a 
transparent or translucent solid protective film.
    Closed vent system means a system that is not open to the atmosphere 
and is composed of piping, connections, and, if necessary, flow inducing 
devices that transport gas or vapor from an emission source to a control 
device.
    Coating means a material applied onto or impregnated into a 
substrate for protective, decorative, or functional purposes. Such 
materials include, but are not limited to, paints, varnishes, sealers, 
adhesives, thinners, diluents, and inks.
    Coating applicator means equipment used to apply a coating.
    Coating line means an operation consisting of a series of one or 
more coating applicators and any associated flash-off areas, drying 
areas, and ovens wherein a surface coating is applied, dried, or cured. 
(It is not necessary for an operation to have an oven, or flash-off 
area, or drying area to be included in this definition.)
    Coating plant means any plant that contains one or more coating 
line(s).
    Coil means any flat metal sheet or strip that is rolled or wound in 
concentric rings.
    Coil coating means any coating applied on any flat metal sheet or 
strip that comes in rolls or coils.
    Coil coating facility means a facility that includes one or more 
coil coating line(s).
    Coil coating line means a coating line in which any protective, 
decorative or functional coating is applied onto the surface of flat 
metal sheets, strips, rolls, or coils for industrial or commercial use.
    Cold cleaning means the process of cleaning and removing soils from 
surfaces by spraying, brushing, flushing, or immersion while maintaining 
the organic solvent below its boiling point. Wipe cleaning is not 
included in this definition.
    Component means, with respect to synthetic organic chemical and 
polymer manufacturing equipment, and petroleum refining and related 
industries, any piece of equipment which has the potential to leak VOM 
including, but not limited to, pump seals, compressor seals, seal oil 
degassing vents, pipeline valves, pressure relief devices, process 
drains, and open ended pipes. This definition excludes valves which are 
not externally regulated, flanges, and equipment in heavy liquid 
service. For purposes of paragraph (i) of this section, this definition 
also excludes bleed ports of gear pumps in polymer service.
    Concrete curing compounds means any coating applied to freshly 
poured concrete to retard the evaporation of water.
    Condensate means volatile organic liquid separated from its 
associated gases, which condenses due to changes

[[Page 305]]

in the temperature or pressure and remains liquid at standard 
conditions.
    Continuous process means, with respect to polystyrene resin, a 
method of manufacture in which the styrene raw material is delivered on 
a continuous basis to the reactor in which the styrene is polymerized to 
polystyrene.
    Control device means equipment (such as an afterburner or adsorber) 
used to remove or prevent the emission of air pollutants from a 
contaminated exhaust stream.
    Control device efficiency means the ratio of pollution prevented by 
a control device and the pollution introduced to the control device, 
expressed as a percentage.
    Conveyorized degreasing means the continuous process of cleaning and 
removing soils from surfaces utilizing either cold or vaporized 
solvents.
    Crude oil means a naturally occurring mixture which consists of 
hydrocarbons and sulfur, nitrogen, or oxygen derivatives of hydrocarbons 
and which is a liquid at standard conditions.
    Crude oil gathering means the transportation of crude oil or 
condensate after custody transfer between a production facility and a 
reception point.
    Custody transfer means the transfer of produced petroleum and/or 
condensate after processing and/or treating in the producing operations, 
from storage tanks or automatic transfer facilities to pipelines or any 
other forms of transportation.
    Daily-weighted average VOM content means the average VOM content of 
two or more coatings as applied on a coating line during any day, taking 
into account the fraction of total coating volume that each coating 
represents, as calculated with the following equation:


                                                                                                                
                                                                    n                                           
                                                                                                                
                                                            [ ViCi]/                                   
                                                  VOMw   =         VT                                           
                                                                                                                
                                                                   i=1                                          
                                                                                                                
                                                                                                                
                                                                                                                

where:
VOMw=The average VOM content of two or more coatings as applied 
          each day on a coating line in units of kg VOM/l (lbs VOM/gal) 
          of coating (minus water and any compounds which are 
          specifically exempted from the definition of VOM),
n=The number of different coatings as applied each day on a coating 
          line,
Vi=The volume of each coating (minus water and any compounds which 
          are specifically exempted from the definition of VOM) as 
          applied each day on a coating line in units of l (gal).
Ci=The VOM content of each coating as applied each day on a coating 
          line in units of kg VOM/l (lbs VOM/gal) of coating (minus 
          water and any compounds which are specifically exempted from 
          the definition of VOM), and
VT=The total volume of all coatings (minus water and any compounds 
          which are specifically exempted from the definition of VOM) as 
          applied each day on a coating line in units of l (gal).

    Day means the consecutive 24 hours beginning at 12 a.m. (midnight) 
local time.
    Degreaser means any equipment or system used in solvent cleaning.
    Delivery vessel means any tank truck or trailer equipped with a 
storage tank that is used for the transport of gasoline to a stationary 
storage tank at a gasoline dispensing facility, bulk gasoline plant, or 
bulk gasoline terminal.
    Dip coating means a method of applying coatings in which the part is 
submerged in a tank filled with the coating.
    Drum means any cylindrical metal shipping container of 13- to 110-
gallon capacity.
    Electrostatic bell or disc spray means an electrostatic spray 
coating method in which a rapidly-spinning bell- or disc-shaped 
applicator is used to create a fine mist and apply the coating with high 
transfer efficiency.
    Electrostatic spray means a spray coating method in which opposite 
electrical charges are applied to the substrate and the coating. The 
coating is attracted to the object due to the electrostatic potential 
between them.
    Emission source and source mean any facility from which VOM is 
emitted or capable of being emitted into the atmosphere.
    Enamel means a coating that cures by chemical cross-linking of its 
base resin. Enamels can be distinguished from lacquers because enamels 
are not readily resoluble in their original solvent.
    Enclose means to cover any VOL surface that is exposed to the 
atmosphere.

[[Page 306]]

    End sealing compound coat means a compound applied to can ends which 
functions as a gasket when the end is assembled onto the can.
    Excessive release means a discharge of more than 295 g (0.65 lbs) of 
mercaptans and/or hydrogen sulfide into the atmosphere in any 5-minute 
period.
    Exterior base coat means a coating applied to the exterior of a can 
body, or flat sheet to provide protection to the metal or to provide 
background for any lithographic or printing operation.
    Exterior end coat means a coating applied to the exterior end of a 
can to provide protection to the metal.
    External-floating roof means a cover over an open top storage tank 
consisting of a double deck or pontoon single deck which rests upon and 
is supported by the volatile organic liquid being contained and is 
equipped with a closure seal or seals to close the space between the 
roof edge and tank shell.
    Extreme environmental conditions means exposure to any or all of the 
following: ambient weather conditions; temperatures consistently above 
95  deg.C (203  deg.F); detergents; abrasive and scouring agents; 
solvents; or corrosive atmospheres.
    Extreme performance coating means any coating which during intended 
use is exposed to extreme environmental conditions.
    Fabric coating means any coating applied on textile fabric. Fabric 
coating includes the application of coatings by impregnation.
    Fabric coating facility means a facility that includes one or more 
fabric coating lines.
    Fabric coating line means a coating line in which any protective, 
decorative, or functional coating or reinforcing material is applied on 
or impregnated into a textile fabric.
    Federally enforceable means all limitations and conditions which are 
enforceable by the Administrator including those requirements developed 
pursuant to 40 CFR parts 60 and 61; requirements within any applicable 
implementation plan; and any permit requirements established pursuant to 
40 CFR 52.21 or under regulations approved pursuant to 40 CFR part 51 
subpart I and 40 CFR 51.166.
    Final repair coat means the repainting of any topcoat which is 
damaged during vehicle assembly.
    Firebox means the chamber or compartment of a boiler or furnace in 
which materials are burned, but not the combustion chamber or 
afterburner of an incinerator.
    Fixed-roof tank means a cylindrical shell with a permanently affixed 
roof.
    Flexographic printing means the application of words, designs, and 
pictures to a substrate by means of a roll printing technique in which 
the pattern to be applied is raised above the printing roll and the 
image carrier is made of elastomeric materials.
    Flexographic printing line means a printing line in which each roll 
printer uses a roll with raised areas for applying an image such as 
words, designs, or pictures to a substrate. The image carrier on the 
roll is made of rubber or other elastome
    Floating roof means a roof on a stationary tank, reservoir, or other 
container which moves vertically upon change in volume of the stored 
material.
    Fountain solution means the solution which is applied to the image 
plate to maintain hydrophilic properties of the non-image areas.
    Fuel combustion emission source means any furnace, boiler, or 
similar equipment used for the primary purpose of producing heat or 
power by indirect heat transfer.
    Fuel gas system means a system for collection of refinery fuel gas 
including, but not limited to, piping for collecting tail gas from 
various process units, mixing drums and controls, and distribution 
piping.
    Gas/gas method means either of two methods for determining capture 
which rely only on gas phase measurements. The first method requires 
construction of a temporary total enclosure (TTE) to ensure that all 
would-be fugitive emissions are measured. The second method uses the 
building or room which houses the facility as an enclosure. The second 
method requires that all other VOM sources within the room be shut down 
while the test is performed, but all fans and blowers within the room 
must be operated according to normal procedures.

[[Page 307]]

    Gas service means that the component contains process fluid that is 
in the gaseous state at operating conditions.
    Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kPa or greater which 
is used as a fuel for internal combustion engines.
    Gasoline dispensing facility means any site where gasoline is 
transferred from a stationary storage tank to a motor vehicle gasoline 
tank used to provide fuel to the engine of that motor vehicle.
    Gross vehicle weight means the manufacturer's gross weight rating 
for the individual vehicle.
    Gross vehicle weight rating means the value specified by the 
manufacturer as the maximum design loaded weight of a single vehicle.
    Heated airless spray means an airless spray coating method in which 
the coating is heated just prior to application.
    Heatset means a class of web-offset lithography which requires a 
heated dryer to solidify the printing inks.
    Heatset-web-offset lithographic printing line means a lithographic 
printing line in which a blanket cylinder is used to transfer ink from a 
plate cylinder to a substrate continuously fed from a roll or an 
extension process and an oven is used to solidify the printing inks.
    Heavy liquid means liquid with a true vapor pressure of less than 
0.3 kPa (0.04 psi) at 294.3 K (70  deg.F) established in a standard 
reference text or as determined by ASTM method D2879-86 (incorporated by 
reference as specified in 40 CFR 52.742); or which has 0.1 Reid Vapor 
Pressure as determined by ASTM method D323-82 (incorporated by reference 
as specified in 40 CFR 52.742); or which when distilled requires a 
temperature of 421.95 K (300  deg.F) or greater to recover 10 percent of 
the liquid as determined by ASTM method D86-82 (incorporated by 
reference as specified in 40 CFR 52.742).
    Heavy off-highway vehicle products means, for the purpose of 
paragraph (e) of this section, heavy construction, mining, farming, or 
material handling equipment; heavy industrial engines; diesel-electric 
locomotives and associated power generation equipment; and the 
components of such equipment or engines.
    Heavy off-highway vehicle products coating facility means a facility 
that includes one or more heavy off-highway vehicle products coating 
line(s).
    Heavy off-highway vehicle products coating line means a coating line 
in which any protective, decorative, or functional coating is applied 
onto the surface of heavy off-highway vehicle products.
    High temperature aluminum coating means a coating that is certified 
to withstand a temperature of 537.8  deg.C (1000  deg.F) for 24 hours.
    Hood means a partial enclosure or canopy for capturing and 
exhausting, by means of a draft, the organic vapors or other fumes 
rising from a coating process or other source.
    Hood capture efficiency means the emissions from a process which are 
captured by the hood and directed into a control device, expressed as a 
percentage of all emissions.
    Hot well means the reservoir of a condensing unit receiving the 
condensate from a barometric condenser.
    Hour means a block period of 60 minutes (e.g., 1 a.m. to 2 a.m.).
    In vacuum service means, for the purpose of paragraph (i) of this 
section, equipment which is operating at an internal pressure that is at 
least 5 kPa (0.73 psia) below ambient pressure.
    In-process tank means a container used for mixing, blending, 
heating, reacting, holding, crystallizing, evaporating or cleaning 
operations in the manufacture of pharmaceuticals.
    Incinerator means a combustion apparatus in which refuse is burned.
    Indirect heat transfer means transfer of heat in such a way that the 
source of heat does not come into direct contact with process materials.
    Ink means a coating used in printing, impressing, or transferring an 
image onto a substrate.
    Interior body spray coat means a coating applied by spray to the 
interior of a can body.
    Internal-floating roof means a cover or roof in a fixed-roof tank 
which rests upon and is supported by the volatile organic liquid being 
contained and is equipped with a closure seal or seals to

[[Page 308]]

close the space between the roof edge and tank shell.
    Lacquers means any clear wood finishes formulated with 
nitrocellulose or synthetic resins to dry by evaporation without 
chemical reaction, including clear lacquer sanding sealers.
    Large appliance means any residential and commercial washers, 
dryers, ranges, refrigerators, freezers, water heaters, dish washers, 
trash compactors, air conditioners, and other similar products.
    Large appliance coating means any coating applied to the component 
metal parts (including, but not limited to, doors, cases, lids, panels, 
and interior support parts) of residential and commercial washers, 
dryers, ranges, refrigerators, freezers, water heaters, dish washers, 
trash compactors, air conditioners, and other similar products.
    Large appliance coating facility means a facility that includes one 
or more large appliance coating line(s).
    Large appliance coating line means a coating line in which any 
protective, decorative, or functional coating is applied onto the 
surface of large appliances.
    Light liquid means VOM in the liquid state which is not defined as 
heavy liquid.
    Light-duty truck means any motor vehicle rated at 3,850 kg gross 
vehicle weight or less, designed mainly to transport property.
    Liquid/gas method means either of two methods for determining 
capture which require both gas phase and liquid phase measurements and 
analysis. The first method requires construction of a TTE. The second 
method uses the building or room which houses the facility as an 
enclosure. The second method requires that all other VOM sources within 
the room be shut down while the test is performed, but all fans and 
blowers within the room must be operated according to normal procedures.
    Liquid service means that the equipment or component contains 
process fluid that is in a liquid state at operating conditions.
    Lithographic printing line means a printing line, except that the 
substrate is not necessarily fed from an unwinding roll, in which each 
roll printer uses a roll where both the image and non-image areas are 
essentially in the same plane (planographic).
    Magnet wire means aluminum or copper wire formed into an 
electromagnetic coil.
    Magnet wire coating means any coating or electrically insulating 
varnish or enamel applied to magnet wire.
    Magnet wire coating facility means a facility that includes one or 
more magnet wire coating line(s).
    Magnet wire coating line means a coating line in which any 
protective, decorative, or functional coating is applied onto the 
surface of a magnet wire.
    Malfunction means any sudden and unavoidable failure of air 
pollution control equipment, process equipment, or a process to operate 
in a normal or usual manner. Failures that are caused entirely or in 
part by poor maintenance, careless operation, or any other preventable 
upset condition or preventable equipment breakdown shall not be 
considered malfunctions.
    Manufacturing process means a method whereby a process emission 
source or series of process emission sources is used to convert raw 
materials, feed stocks, subassemblies, or other components into a 
product, either for sale or for use as a component in a subsequent 
manufacturing process.
    Maximum theoretical emissions means the quantity of volatile organic 
material emissions that theoretically could be emitted by a stationary 
source before add-on controls based on the design capacity or maximum 
production capacity of the source and 8760 hours per year. The design 
capacity or maximum production capacity includes use of coating(s) or 
ink(s) with the highest volatile organic material content actually used 
in practice by the source.
    Metal furniture means a furniture piece including, but not limited 
to, tables, chairs, waste baskets, beds, desks, lockers, benches, 
shelving, file cabinets, lamps, and room dividers.
    Metal furniture coating means any non-adhesive coating applied to 
any furniture piece made of metal or any metal part which is or will be 
assembled with other metal, wood, fabric, plastic or glass parts to form 
a furniture piece including, but not limited to, tables, chairs, waste 
baskets, beds,

[[Page 309]]

desks, lockers, benches, shelving, file cabinets, lamps, and room 
dividers. This definition shall not apply to any coating line coating 
miscellaneous metal parts or products.
    Metal furniture coating facility means a facility that includes one 
or more metal furniture coating line(s).
    Metal furniture coating line means a coating line in which any 
protective, decorative, or functional coating is applied onto the 
surface of metal furniture.
    Metallic shoe-type seal means a primary or secondary seal 
constructed of metal sheets (shoes) which are joined together to form a 
ring, springs, or levers which attach the shoes to the floating roof and 
hold the shoes against the tank wall, and a coated fabric which is 
suspended from the shoes to the floating roof.
    Miscellaneous fabricated product manufacturing process means:
    (A) A manufacturing process involving one or more of the following 
applications, including any drying and curing of formulations, and 
capable of emitting VOM:

    (1) Adhesives to fabricate or assemble components or products.
    (2) Asphalt solutions to paper or fiberboard.
    (3) Asphalt to paper or felt.
    (4) Coatings or dye to leather.
    (5) Coatings to plastic.
    (6) Coatings to rubber or glass.
    (7) Disinfectant material to manufactured items.
    (8) Plastic foam scrap or ``fluff'' from the manufacture of foam 
containers and packaging material to form resin pallets.
    (9) Resin solutions to fiber substances.
    (10) Viscose solutions for food casings.

    (B) The storage and handling of formulations associated with the 
process described above, and the use and handling of organic liquids and 
other substances for clean-up operations associated with the process 
described in this definition.

    Miscellaneous formulation manufacturing process means:
    (A) A manufacturing process which compounds one or more of the 
following and is capable of emitting VOM:

    (1) Adhesives.
    (2) Asphalt solutions.
    (3) Caulks, sealants, or waterproofing agents.
    (4) Coatings, other than paint and ink.
    (5) Concrete curing compounds.
    (6) Dyes.
    (7) Friction materials and compounds.
    (8) Resin solutions.
    (9) Rubber solutions.
    (10) Viscose solutions.

    (B) The storage and handling of formulations associated with the 
process described above, and the use and handling of organic liquids and 
other substances for clean-up operations associated with the process 
described in this definition.

    Miscellaneous metal parts or products means any metal part or metal 
product, even if attached to or combined with a nonmental part or 
product, except cans, coils, metal furniture, large appliances, magnet 
wire, automobiles, ships, and airplane bodies.
    Miscellaneous metal parts and products coating means any coating 
applied to any metal part or metal product, even if attached to or 
combined with a nonmetal part or product, except cans, coils, metal 
furniture, large appliances, and magnet wire. Prime coat, prime surfacer 
coat, topcoat, and final repair coat for automobiles and light-duty 
trucks are not miscellaneous metal parts and products coatings. However, 
underbody anti-chip (e.g., underbody plastisol) automobile, and light-
duty truck coatings are miscellaneous metal parts and products coatings. 
Also, automobile or light-duty truck refinishing coatings, coatings 
applied to the exterior of marine vessels, coatings applied to the 
exterior of airplanes, and the customized topcoating of automobiles and 
trucks if production is less than 35 vehicles per day are not 
miscellaneous metal parts and products coatings.
    Miscellaneous metal parts or products coating facility means a 
facility that includes one or more miscellaneous metal parts or products 
coating lines.
    Miscellaneous metal parts or products coating line means a coating 
line in which any protective, decorative, or functional coating is 
applied onto the surface of miscellaneous metal parts or products.
    Miscellaneous organic chemical manufacturing process means:
    (A) A manufacturing process which produces by chemical reaction, one 
or

[[Page 310]]

more of the following organic compounds or mixtures of organic compounds 
and which is capable of emitting VOM:

    (1) Chemicals listed in appendix A of this section.
    (2) Chlorinated and sulfonated compounds.
    (3) Cosmetic, detergent, soap, or surfactant intermediaries or 
specialties and products.
    (4) Disinfectants.
    (5) Food additives.
    (6) Oil and petroleum product additives.
    (7) Plasticizers.
    (8) Resins or polymers.
    (9) Rubber additives.
    (10) Sweeteners.
    (11) Varnishes

    (B) The storage and handling of formulations associated with the 
process described above and the use and handling of organic liquids and 
other substances for clean-up operations associated with the process 
described in this definition.

    Monitor means to measure and record.
    Multiple package coating means a coating made from more than one 
different ingredient which must be mixed prior to using and has a 
limited pot life due to the chemical reaction which occurs upon mixing.
    Offset means, with respect to printing and publishing operations, 
use of a blanket cylinder to transfer ink from the plate cylinder to the 
surface to be printed.
    Opaque stains means all stains that are not semi-transparent stains.
    Open top vapor depressing means the batch process of cleaning and 
removing soils from surfaces by condensing hot solvent vapor on the 
colder metal parts.
    Open-ended valve means any valve, except pressure relief devices, 
having one side of the valve in contact with process fluid and one side 
open to the atmosphere, either directly or through open piping.
    Organic compound means any compound of carbon, excluding carbon 
monoxide, carbon dioxide, carbonic acid, metallic carbides or 
carbonates, and ammonium carbonate.
    Organic material means any chemical compound of carbon including 
diluents and thinners which are liquids at standard conditions and which 
are used as dissolvers, viscosity reducers, or cleaning agents, but 
excluding methane, carbon monoxide, carbon dioxide, carbonic acid, 
metallic carbonic acid, metallic carbide, metallic carbonates, and 
ammonium carbonate.
    Organic vapor means the gaseous phase of an organic material or a 
mixture of organic materials present in the atmosphere.
    Oven means a chamber within which heat is used for one or more of 
the following purposes: Dry, bake, cure, or polymerize a coating or ink.
    Overall control means the product of the capture efficiency and the 
control device efficiency.
    Overvarnish means a transparent coating applied directly over ink or 
coating.
    Owner or operator means any person who owns, operates, leases, 
controls, or supervises an emission source or air pollution control 
equipment.
    Packaging rotogravure printing means rotogravure printing upon 
paper, paper board, metal foil, plastic film, and other substrates, 
which are, in subsequent operations, formed into packaging products or 
labels for articles to be sold.
    Packaging rotogravure printing line means a rotogravure printing 
line in which surface coatings are applied to paper, paperboard, foil, 
film, or other substrates which are to be used to produce containers, 
packaging products, or labels for articles.
    Pail means any cylindrical metal shipping container of 1- to 12-
gallon capacity and constructed of 29-gauge and heavier metal.
    Paint manufacturing plant means a plant that mixes, blends, or 
compounds enamels, lacquers, sealers, shellacs, stains, varnishes, or 
pigmented surface coatings.
    Paper coating means any coating applied on paper, plastic film, or 
metallic foil to make certain products, including (but not limited to) 
adhesive tapes and labels, book covers, post cards, office copier paper, 
drafting paper, or pressure sensitive tapes. Paper coating includes the 
application of coatings by impregnation and/or saturation.
    Paper coating facility means a facility that includes one or more 
paper coating lines.

[[Page 311]]

    Paper coating line means a coating line in which any protective, 
decorative, or functional coating is applied on, saturated into, or 
impregnated into paper, plastic film, or metallic foil to make certain 
products, including (but not limited to) adhesive tapes and labels, book 
covers, post cards, office copier paper, drafting paper, and pressure 
sensitive tapes.
    Parts per million (volume) means a volume/volume ratio which 
expresses the volumetric concentration of gaseous air contaminant in a 
million unit volume of gas.
    Person means any individual, corporation, partnership, association, 
State, municipality, political subdivision of a State; any agency, 
department, or instrumentality of the United States; and any officer, 
agent, or employee thereof.
    Petroleum means the crude oil removed from the earth and the oils 
derived from tar sands, shale, and coal.
    Petroleum refinery means any facility engaged in producing gasoline, 
kerosene, distillate fuel oils, residual fuel oils, lubricants, or other 
products through distillation of petroleum, or through redistillation, 
cracking, or reforming of unfinished petroleum derivatives.
    Pharmaceutical means any compound or mixture, other than food, used 
in the prevention, diagnosis, alleviation, treatment, or cure of disease 
in man and animal.
    Pharmaceutical coating operation means a device in which a coating 
is applied to a pharmaceutical, including air drying or curing of the 
coating.
    Pigmented coatings means opaque coatings containing binders and 
colored pigments which are formulated to conceal the wood surface either 
as an undercoat or topcoat.
    Plant means all of the pollutant-emitting activities which belong to 
the same industrial grouping, are located on one or more contiguous or 
adjacent properties, and are under the control of the same person (or 
persons under common control), except the activities of any marine 
vessel. Pollutant-emitting activities shall be considered as part of the 
same industrial grouping if they belong to the same ``Major Group'' 
(i.e., which have the same two-digit code) as described in the 
``Standard Industrial Classification Manual, 1987'' (incorporated by 
reference as specified in 40 CFR 52.742).
    Plasticizers means a substance added to a polymer composition to 
soften and add flexibility to the product.
    Prime coat means the first of two or more coatings applied to a 
surface.
    Prime surfacer coat means a coating used to touch up areas on the 
surface of automobile or light-duty truck bodies not adequately covered 
by the prime coat before application of the top coat. The prime surfacer 
coat is applied between the prime coat and topcoat. An anti-chip coating 
applied to main body parts (e.g., rocker panels, bottom of doors and 
fenders, and leading edge of roof) is a prime surfacer coat.
    Primers means any coatings formulated and applied to substrates to 
provide a firm bond between the substrate and subsequent coats.
    Printing means the application of words, designs, and pictures to a 
substrate using ink.
    Printing line means an operation consisting of a series of one or 
more roll printers and any associated roll coaters, drying areas, and 
ovens wherein one or more coatings are applied, dried, and/or cured.
    Process means any stationary emission source other than a fuel 
combustion emission source or an incinerator.
    Production equipment exhaust system means a system for collecting 
and directing into the atmosphere emissions of volatile organic material 
from reactors, centrifuges, and other process emission sources.
    Publication rotogravure printing line means a rotogravure printing 
line in which coatings are applied to paper which is subsequently formed 
into books, magazines, catalogues, brochures, directories, newspaper 
supplements, or other types of printed material.
    Reactor means a vat, vessel, or other device in which chemical 
reactions take place.
    Refiner means any person who owns, leases operates, controls, or 
supervises a refinery.
    Refinery unit, process unit or unit means a set of components which 
are a

[[Page 312]]

part of a basic process operation such as distillation, hydrotreating, 
cracking, or reforming of hydrocarbons.
    Refrigerated condenser means a surface condenser in which the 
coolant supplied to the condenser has been cooled by a mechanical 
device, other than by a cooling tower or evaporative spray cooling, such 
as refrigeration unit or steam chiller unit.
    Repair coatings means coatings used to correct imperfections or 
damage to furniture surface.
    Repaired means, for the purpose of paragraph (i) of this section, 
that equipment component has been adjusted, or otherwise altered, to 
eliminate a leak.
    Roll coater means an apparatus in which a uniform layer of coating 
is applied by means of one or more rolls across the entire width of a 
moving substrate.
    Roll printer means an apparatus used in the application of words, 
designs, or pictures to a substrate, usually by means of one or more 
rolls each with only partial coverage.
    Roll printing means the application of words, designs, and pictures 
to a substrate usually by means of a series of hard rubber or metal 
rolls each with only partial coverage.
    Roller coating means a method of applying a coating to a sheet or 
strip in which the coating is transferred by a roller or series of 
rollers.
    Rotogravure printing means the application of words, designs, and 
pictures to a substrate by means of a roll printing technique in which 
the pattern to be applied is recessed relative to the non-image area.
    Rotogravure printing line means a printing line in which each roll 
printer uses a roll with recessed areas for applying an image to a 
substrate.
    Safety relief valve means a valve which is normally closed and which 
is designed to open in order to relieve excessive pressures within a 
vessel or pipe.
    Sanding sealers means any coatings formulated for and applied to 
bare wood for sanding and to seal the wood for subsequent application of 
varnish. To be considered a sanding sealer a coating must be clearly 
labelled as such.
    Sealer means a coating containing binders which seals wood prior to 
the application of the subsequent coatings.
    Semi-transparent stains means stains containing dyes or semi-
transparent pigments which are formulated to enhance wood grain and 
change the color of the surface but not to conceal the surface, 
including, but not limited to, sap stain, toner, non-grain raising 
stains, pad stain, or spatter stain.
    Set of safety relief valves means one or more safety relief valves 
designed to open in order to relieve excessive pressures in the same 
vessel or pipe.
    Sheet basecoat means a coating applied to metal when the metal is in 
sheet form to serve as either the exterior or interior of a can for 
either two-piece or three-piece cans.
    Side-seam spray coat means a coating applied to the seam of a three-
piece can.
    Single coat means one coating application applied to a metal 
surface.
    Solvent means a liquid substance that is used to dissolve or dilute 
another substance.
    Solvent cleaning means the process of cleaning soils from surfaces 
by cold cleaning, open top vapor degreasing, or conveyorized degreasing.
    Specified air contaminant means any air contaminant as to which this 
Section contains emission standards or other specific limitations.
    Splash loading means a method of loading a tank, railroad tank car, 
tank truck, or trailer by use of other than a submerged loading pipe.
    Standard conditions means a temperature of 70  deg.F and a pressure 
of 14.7 psia.
    Standard cubic foot (scf) means the volume of one cubic foot of gas 
at standard conditions.
    Standard Industrial Classification Manual means the Standard 
Industrial Classification Manual (1987), Superintendent of Documents, 
U.S. Government Printing Office, Washington, DC 20402 (incorporated by 
reference as specified in 40 CFR 52.742).
    Start-up means the setting in operation of an emission source for 
any purpose.
    Stationary emission source and Stationary source mean an emission 
source which is not self-propelled.

[[Page 313]]

    Storage tank or storage vessel means any stationary tank, reservoir 
or container used for the storage of VOL's.
    Submerged loading pipe means any discharge pipe or nozzle which 
meets either of the following conditions:
    (A) Where the tank is filled from the top, the end of the discharge 
pipe or nozzle must be totally submerged when the liquid level is 15 cm 
(6 in.) above the bottom of the tank.
    (B) Where the tank is filled from the side, the discharge pipe or 
nozzle must be totally submerged when the liquid level is 46 cm (18 in.) 
above the bottom of the tank.
    Substrate means the surface onto which a coating is applied or into 
which a coating is impregnated.
    Surface condenser means a device which removes a substance from a 
gas stream by reducing the temperature of the stream, without direct 
contact between the coolant and the stream.
    Tablet coating operation means a pharmaceutical coating operation in 
which tablets are coated.
    Thirty-day rolling average means any value arithmetically averaged 
over any consecutive thirty-days.
    Three-piece can means a can which is made from a rectangular sheet 
and two circular ends.
    Topcoat means a coating applied in a multiple coat operation other 
than prime coat, final repair coat, or prime surfacer coat.
    Topcoat operation means all topcoat spray booths, flash-off areas, 
and bake ovens at a facility which are used to apply, dry, or cure the 
final coatings (except final off-line repair) on components of 
automobile or light-duty truck bodies.
    Transfer efficiency means the ratio of the amount of coating solids 
deposited onto a part or product to the total amount of coating solids 
used.
    True vapor pressure means the equilibrium partial pressure exerted 
by a volatile organic liquid as determined in accordance with methods 
described in American Petroleum Institute Bulletin 2517, ``Evaporation 
Loss From Floating Roof Tanks,'' second edition, February 1980 
(incorporated by reference as specified in 40 CFR 52.742).
    Two-piece can means a can which is drawn from a shallow cup and 
requires only one end to be attached.
    Undercoaters means any coatings formulated for and applied to 
substrates to provide a smooth surface for subsequent coats.
    Unregulated safety relief valve means a safety relief valve which 
cannot be actuated by a means other than high pressure in the pipe or 
vessel which it protects.
    Vacuum producing system means any reciprocating, rotary, or 
centrifugal blower or compressor or any jet ejector or device that 
creates suction from a pressure below atmospheric and discharges against 
a greater pressure.
    Valves not externally regulated means valves that have no external 
controls, such as in-line check valves.
    Vapor balance system means any combination of pipes or hoses which 
creates a closed system between the vapor spaces of an unloading tank 
and a receiving tank such that vapors displaced from the receiving tank 
are transferred to the tank being unloaded.
    Vapor collection system means all piping, seals, hoses, connections, 
pressure-vacuum vents, and other possible sources between the gasoline 
delivery vessel and the vapor processing unit and/or the storage tanks 
and vapor holder.
    Vapor control system means any system that limits or prevents 
release to the atmosphere of organic meterial in the vapors displaced 
from a tank during the transfer of gasoline.
    Vapor recovery system means a vapor gathering system capable of 
collecting all VOM vapors and gases discharged from the storage tank and 
a vapor disposal system capable of processing such VOM vapors and gases 
so as to prevent their emission to the atmosphere.
    Vehicle means a device by which any person or property may be 
propelled, moved, or drawn upon a highway, excepting a device moved 
exclusively by human power or used exclusively upon stationary rails or 
tracks.
    Vinyl coating means any topcoat or printing ink applied to vinyl 
coated fabric or vinyl sheets. Vinyl coating does not include 
plastisols.

[[Page 314]]

    Vinyl coating facility means a facility that includes one or more 
vinyl coating line(s).
    Vinyl coating line means a coating line in which any protective, 
decorative or functional coating is applied onto vinyl coated fabric or 
vinyl sheets.
    Volatile organic liquid means any substance which is liquid at 
storage conditions and which contains volatile organic compounds.
    Volatile organic material (VOM) or volatile organic compounds (VOC) 
is as defined in Sec. 51.100(s) of this chapter.
    Wash coat means a coating containing binders which seals wood 
surfaces, prevents undesired staining, and controls penetration.
    Web means a substrate which is printed in continuous roll-fed 
presses.
    Wood furniture means room furnishings including cabinets (kitchen, 
bath, and vanity), tables, chairs, beds, sofas, shutters, art objects, 
wood paneling, wood flooring, and any other coated furnishings made of 
wood, wood composition, or fabricated wood materials.
    Wood furniture coating facility means a facility that includes one 
or more wood furniture coating line(s).
    Wood furniture coating line means a coating line in which any 
protective, decorative, or functional coating is applied onto wood 
furniture.
    Woodworking means the shaping, sawing, grinding, smoothing, 
polishing, and making into products of any form or shape of wood.
    (4) Testing methods and procedures--(i) Coatings, inks and fountain 
solutions. The following test methods and procedures shall be used to 
determine compliance of as applied coatings, inks, and fountain 
solutions with the limitations set forth in Sec. 52.741.
    (A) Sampling. Samples collected for analyses shall be one-liter 
taken into a one-liter container at a location and time such that the 
sample will be representative of the coating as applied (i.e., the 
sample shall include any dilution solvent or other VOM added during the 
manufacturing process). The container must be tightly sealed immediately 
after the sample is taken. Any solvent or other VOM added after the 
sample is taken must be measured and accounted for in the calculations 
in paragraph(a)(4)(i)(C) of this section. For multiple package coatings, 
separate samples of each component shall be obtained. A mixed sample 
shall not be obtained as it will cure in the container. Sampling 
procedures shall follow the guidelines presented in:
    (1) ASTM D3925-81 (Reapproved 1985) Standard Practice for Sampling 
Liquid Paints and Related Pigment Coating. This practice is incorporated 
by reference as specified in 40 CFR 52.742.
    (2) ASTM E300-86 Standard Practice for Sampling Industrial 
Chemicals. This practice is incorporated by reference as specified in 40 
CFR 52.742.
    (B) Analyses. The applicable analytical methods specified below 
shall be used to determine the composition of coatings, inks, or 
fountain solutions as applied.
    (1) Method 24 of 40 CFR part 60, appendix A, shall be used to 
determine the VOM content and density of coatings. If it is demonstrated 
to the satisfaction of the Administrator that plant coating formulation 
data are equivalent to Method 24 results, formulation data may be used. 
In the event of any inconsistency between a Method 24 test and a 
facility's formulation data, the Method 24 test will govern.
    (2) Method 24A of 40 CFR part 60, appendix A, shall be used to 
determine the VOM content and density of rotogravure printing inks and 
related coatings. If it is demonstrated to the satisfaction of the 
Administrator that the plant coating formulation data are equivalent to 
Method 24A results, formulation data may be used. In the event of any 
inconsistency between a Method 24A test and a facility's formulation 
data, the Method 24A test will govern.
    (3) The following ASTM methods are the analytical procedures for 
determining VOM:

(i) ASTM D1475-85: Standard Test Method for Density of Paint, Varnish, 
Lacquer and Related Products. This test method is incorporated by 
reference as specified in 40 CFR 52.742.
(ii) ASTM D2369-87: Standard Test Method for Volatile Content of 
Coatings. This test method is incorporated by reference as specified in 
40 CFR 52.742.
(iii) ASTM D3792-86: Standard Test Method for Water Content of Water-
reducible

[[Page 315]]

Paints by Direct Injection into a Gas Chromatograph. This test method is 
incorporated by reference as specified in 40 CFR 52.742.
(iv) ASTM D4017-81 (Reapproved 1987): Standard Test Method for Water in 
Paints and Paint Materials by the Karl Fischer Method. This test method 
is incorporated by reference as specified in 40 CFR 52.742.
(v) ASTM D4457-85: Standard Test Method for Determination of 
Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by 
Direct Injection into a Gas Chromatograph. (The procedure delineated 
above can be used to develop protocols for any compounds specifically 
exempted from the definition of VOM.) This test method is incorporated 
by reference as specified in 40 CFR 52.742.
(vi) ASTM D2697-86: Standard Test Method for Volume Non-Volatile Matter 
in Clear or Pigmented Coatings. This test method is incorporated by 
reference as specified in 40 CFR 52.742.
(vii) ASTM D3980-87: Standard Practice for Interlaboratory Testing of 
Paint and Related Materials. This practice is incorporated by reference 
as specified in 40 CFR 52.742.
(viii) ASTM E180-85: Standard Practice for Determining the Precision of 
ASTM Methods for Analysis of and Testing of Industrial Chemicals. This 
practice is incorporated by reference as specified in 40 CFR 52.742.
(ix) ASTM D2372-85: Standard Method of Separation of Vehicle from 
Solvent-reducible Paints. This method is incorporated by reference as 
specified in 40 CFR 52.742.

    (4) Use of an adaptation to any of the analytical methods specified 
in paragraphs (a)(4)(i)(B)(1), (2) and (3) may be approved by the 
Administrator on a case-by-case basis. An owner or operator must submit 
sufficient documentation for the Administrator to find that the 
analytical methods specified in paragraphs (a)(4)(i)(B)(1), (2) and (3) 
will yield inaccurate results and that the proposed adaptation is 
appropriate.
    (C) Calculations. Calculations for determining the VOM content, 
water content and the content of any compounds which are specifically 
exempted from the definition of VOM of coatings, inks and fountain 
solutions as applied shall follow the guidance provided in the following 
documents.
    (1) ``A Guide for Surface Coating Calculation'' EPA-340/1-86-016 
(which is available from the National Technical Information Services, 
5285 Port Royal Road, Springfield, VA 22161)
    (2) ``Procedures for Certifying Quantity of Volatile Organic 
Compounds Emitted by Paint, Ink and Other Coatings'' (revised June 1986) 
EPA-450/3-84-019 (which is available from the National Technical 
Information Services, 5285 Port Royal Road, Springfield, VA 22161)
    (3) ``A Guide for Graphic Arts Calculations'' August 1988 EPA-340/1-
88-003 (which is available from the National Technical Information 
Services, 5285 Port Royal Road, Springfield, VA 22161)
    (ii) Automobile or light-duty truck test protocol. The protocol for 
testing, including determining the transfer efficiency, of coating 
applicators at topcoat coating operations at an automobile assembly 
facility shall follow the procedure in: ``Protocol for Determining the 
Daily Volatile Organic Compound Emission Rate of Automobile and Light-
Duty Truck Topcoat Operations'' December 1988 EPA-450/3-88-018 (which is 
available for purchase from the National Technical Information Services, 
5285 Port Royal Road, Springfield, VA 22161)
    (iii) Capture system efficiency test protocols--(A) Applicability. 
The requirements of paragraphs (a)(4)(iii)(B) of this section shall 
apply to all VOM emitting processes employing capture equipment (e.g., 
hoods, ducts), except those cases noted below.
    (1) If a source installs a permanent total enclosure (PTE) that 
meets USEPA specifications, and which directs all VOM to a control 
device, then the source is exempted from the requirements described in 
paragraph (B). The USEPA specifications to determine whether a strucutre 
is considered a PTE are given in Procedure T of appendix B of this 
section. In this instance, the capture efficiency is assumed to be 100 
percent and the source is still required to measure control efficiency 
using appropriate test methods as specified in (a)(4)(iv) of this 
section.
    (2) If a source uses a control device designed to collect and 
recover VOM (e.g., carbon adsorber), an explicit measurement of capture 
efficiency is not necessary provided that the conditions given below are 
met. The overall

[[Page 316]]

control of the system can be determined by directly comparing the input 
liquid VOM to the recovered liquid VOM. The general procedure for use in 
this situation is given in 40 CFR 60.433, with the following additional 
restrictions:
    (i) The source must be able to equate solvent usage with solvent 
recovery on a 24-hour (daily) basis, rather than a 30-day weighted 
average, within 72 hours following the 24-hour period. In addition, one 
of the following two criteria must be met:
    (ii) The solvent recovery system (i.e., capture and control system) 
must be dedicated to a single process line (e.g., one process line 
venting to a carbon adsorber system), or
    (iii) If the solvent recovery system controls multiple process 
lines, then the source must be able to demonstrate that the overall 
control (i.e., the total recovered solvent VOM divided by the sum of 
liquid VOM input to all process lines venting to the control system) 
meets or exceeds the most stringent standard applicable for any process 
line venting to the control system.
    (B) Specific requirements. The capture efficiency of a process line 
shall be measured using one of the four protocols given below. Any error 
margin associated with a test protocol may not be incorporated into the 
results of a capture efficiency test. If these techniques are not 
suitable for a particular process, then the source must present an 
alternative capture efficiency protocol and obtain approval for it by 
the Administrator as a SIP or FIP revisions.
    (1) Gas/gas method using temporary total enclosure (TTE). The USEPA 
specifications to determine whether a temporary enclosure is considered 
a TTE are given in Procedure T of appendix B of this section. The 
capture efficiency equation to be used for this protocol is:

CE=Gw/(GW+Fw)
where:
CE=capture efficiency, decimal fraction.
Gw=mass of VOM captured and delivered to control device using a TTE.
Fw=mass of fugitive VOM that escapes from a TTE.

Procedure G.2 contained in appendix B of this section is used to obtain 
Gw. Procedure F.1 in appendix B of this section is used to obtain Fw.
    (2) Liquid/gas method using TTE. The USEPA specifications to 
determine whether a temporary enclosure is considered a TTE are given in 
Procedure T of appendix B of this section. The capture efficiency 
equation to be used for this protocol is:

CE=(L-F)/L
where:
CE=capture efficiency, decimal fraction.
L=mass of liquid VOM input to process.
Fw=mass of fugitive VOM that escapes from a TTE.

Procedure L contained in appendix B of this section is used to obtain L. 
Procedure F.1 in appendix B of this section is used to obtain Fw.
    (3) Gas/gas method using the building or room (building or room 
enclosure) in which the affected source is located as the enclosure and 
in which ``F'' and ``G'' are measured while operating only the affected 
facility. All fans and blowers in the building or room must be operated 
as they would under normal production. The capture efficiency equation 
to be used for this protocol is:

CE=G/(G+FB)
where:
CE=capture efficiency, decimal fraction.
G=mass of VOM captured and delivered to control device.
FB=mass of fugitive VOM that escapes from building enclosure.

Procedure G.2 contained in appendix B of this section is used to obtain 
G. Procedure F.2 in appendix B of this section is used to obtain 
FB.
    (4) Liquid/gas method using the building or room (building or room 
enclosure) in which the affected source is located as the enclosure and 
in which ``F'' and ``L'' are measured while operating only the affected 
facility. All fans and blowers in the building or room must be operated 
as they would under normal production. The capture efficiency equation 
to be used for this protocol is:
CE=(L-FB)/L

where:
CE=capture efficiency, decimal fraction.
L=mass of liquid VOM input to process.
FB=mass of fugitive VOM that escapes from building enclosure.


[[Page 317]]


Procedure L contained in appendix B of this section is used to obtain L. 
Procedure F.2 in appendix B of this section is used to obtain FB.
    (C) Recordkeeping and reporting. (1) All affected facilities must 
maintain a copy of the capture efficiency protocol submitted to USEPA on 
file. All results of the appropriate test methods and capture efficiency 
protocols must be reported to USEPA within sixty (60) days of the test 
date. A copy of the results must be kept on file with the source for a 
period of three (3) years.
    (2) If any changes are made to capture or control equipment, then 
the source is required to notify USEPA of these changes and a new test 
may be required by USEPA.
    (3) The source must notify the Administrator 30 days prior to 
performing any capture efficiency or control test. At that time, the 
source must notify the Administrator which capture efficiency protocol 
and control device test methods will be used.
    (4) Sources utilizing a PTE must demonstrate that this enclosure 
meets the requirement given in Procedure T (in appendix B of this 
section) for a PTE during any testing of their control device.
    (5) Sources utilizing a TTE must demonstrate that their TTE meets 
the requirements given in Procedure T (in appendix B of this section) 
for a TTE during testing of their control device. The source must also 
provide documentation that the quality assurance criteria for a TTE have 
been achieved.
    (iv) Control device efficiency testing and monitoring. (A) The 
control device efficiency shall be determined by simultaneously 
measuring the inlet and outlet gas phase VOM concentrations and gas 
volumetric flow rates in accordance with the gas phase test methods 
specified in paragraph (a)(4)(vi) of this section.
    (B) Any owner or operator that uses an afterburner or carbon 
adsorber to comply with any paragraph of Sec. 52.741 shall use USEPA 
approved continuous monitoring equipment which is installed, calibrated, 
maintained, and operated according to vendor specifications at all times 
the afterburner or carbon adsorber is in use. The continuous monitoring 
equipment must monitor the following parameters:
    (1) Combustion chamber temperature of each afterburner.
    (2) Temperature rise across each catalytic afterburner bed or VOM 
concentration of exhaust.
    (3) The VOM concentration of each carbon adsorption bed exhaust.
    (v) Overall efficiency. (A) The overall efficiency of the emission 
control system shall be determined as the product of the capture system 
efficiency and the control device efficiency or by the liquid/liquid 
test protocol as specified in 40 CFR 60.433 (and revised by paragraph 
(a)(4)(iii)(A)(2) of this section for each solvent recovery system. In 
those cases in which the overall efficiency is being determined for an 
entire line, the capture efficiency used to calculate the product of the 
capture and control efficiency is the total capture efficiency over the 
entire line.
    (B) For coating lines which are both chosen by the owner or operator 
to comply with paragraphs (e)(2)(ii), (e)(2)(iii), (e)(2)(iv), 
(e)(2)(v), or (e)(2)(vi) of this section by the alternative in paragraph 
(e)(2)(i)(B) of this section and meet the criteria allowing them to 
comply with paragraph (e)(2) of this section instead of paragraph (e)(1) 
of this section, the overall efficiency of the capture system and 
control device, as determined by the test methods and procedures 
specified in paragraphs (a)(4) (iii), (iv) and (v)(A) of this section, 
shall be no less than the equivalent overall efficiency which shall be 
calculated by the following equation:

E = ([VOMa - VOM1]/VOMa)  x  100

Where:
E = Equivalent overall efficiency of the capture system and control 
          device as a percentage,
VOMa = Actual VOM content of a coating, or the daily-weighted 
          average VOM content of two or more coatings (if more than one 
          coating is used), as applied to the subject coating line as 
          determined by the applicable test methods and procedures 
          specified in paragraph (a)(4)(i) of this section in units of 
          kg VOM/l (lb VOM/gal) of coating solids as applied,
VOM1 = The VOM emission limit specified in paragraph (e)(2) (i) or 
          (ii) of this section in units of kg VOM/l (lb VOM/gal) of 
          coating solids as applied.


[[Page 318]]


    (vi) Volatile organic material gas phase source test methods. The 
methods in 40 CFR part 60, appendix A, delineated below shall be used to 
determine control device efficiencies.
    (A) 40 CFR part 60, appendix A, Method 18, 25 or 25A, as appropriate 
to the conditions at the site, shall be used to determine VOM 
concentration. Method selection shall be based on consideration of the 
diversity of organic species present and their total concentration and 
on consideration of the potential presence of interfering gases. Except 
as indicated in paragraphs (a)(4)(vi)(A)(1) and (2) of this section, the 
test shall consist of three separate runs, each lasting a minimum of 60 
min, unless the Administrator determines that process variables dictate 
shorter sampling times.
    (1) When the method is to be used to determine the efficiency of a 
carbon adsoption system with a common exhaust stack for all the 
individual adsorber vessels, the test shall consist of three separate 
runs, each coinciding with one or more complete sequences through the 
adsorption cycles of all the individual adsorber vessels.
    (2) When the method is to be used to determine the efficiency of a 
carbon adsorption system with individual exhaust stacks for each 
adsorber vessel, each adsorber vessel shall be tested individually. The 
test for each adsorber vessel shall consist of three separate runs. Each 
run shall coincide with one or more complete adsorption cycles.
    (B) 40 CFR part 60, appendix A, Method 1 or 1A shall be used for 
sample and velocity traverses.
    (C) 40 CFR part 60, appendix A, Method 2, 2A, 2C or 2D shall be used 
for velocity and volumetric flow rates.
    (D) 40 CFR part 60, appendix A, Method 3 shall be used for gas 
analysis.
    (E) 40 CFR part 60, appendix A, Method 4 shall be used for stack gas 
moisture.
    (F) 40 CFR part 60, appendix A, Methods 2, 2A, 2C, 2D, 3 and 4 shall 
be performed, as applicable, at least twice during each test run.
    (G) Use of an adaptation to any of the test methods specified in 
paragraphs (a)(4)(vi) (A), (B), (C), (D), (E), and (F) of this section 
may be approved by the Administrator on a case-by-case basis. An owner 
or operator must submit sufficient documentation for the Administrator 
to find that the test methods specified in paragraphs (a)(4)(vi) (A), 
(B), (C), (D), (E), and (F) of this section will yield inaccurate 
results and that the proposed adaptation is appropriate.
    (vii) Leak detection methods for volatile organic material. Owners 
or operators required by the various subparts of this regulation to 
carry out a leak detection monitoring program shall comply with the 
following requirements:
    (A) Leak detection monitoring. (1) Monitoring shall comply with 40 
CFR part 60, appendix A. Method 21.
    (2) The detection instrument shall meet the performance criteria of 
Method 21.
    (3) The instrument shall be calibrated before use on each day of its 
use by the methods specified in Method 21.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 ppm of hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane and air at a concentration of 
approximately, but no less than, 10,000 ppm methane or n-hexane.
    (5) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Method 21.
    (B) When equipment is tested for compliance with no detectable 
emissions as required, the test shall comply with the following 
requirements:
    (1) The requirements of paragraphs (a)(4) (vii)(A)(1) through 
(vii)(A)(5) of this section shall apply.
    (2) The background level shall be determined as set forth in Method 
21.
    (C) Leak detection tests shall be performed consistent with:
    (1) ``APTI Course SI 417 controlling Volatile Organic Compound 
Emissions from Leaking Process Equipment'' EPA-450/2-82-015 (which is 
available for purchase from the National Technical Information Services, 
5285 Port Royal Road, Springfield, VA 22161)
    (2) ``Portable Instrument User's Manual for Monitoring VOC Sources'' 
EPA-340/1-86-015 (which is available for purchase from the National 
Technical Information Services, 5285 Port Royal Road, Springfield, VA 
22161)

[[Page 319]]

    (3) ``Protocols for Generating Unit-Specific Emission Estimates for 
Equipment Leaks of VOC and VHAP'' EPA-450/3-88-010 (which is available 
for purchase from the National Technical Information Services, 5285 Port 
Royal Road, Springfield, VA 22161)
    (4) ``Petroleum Refinery Enforcement Manual'' EPA-340/1-80-008 
(which is available for purchase from the National Technical Information 
Services, 5285 Port Royal Road, Springfield, VA 22161)
    (viii) Bulk gasoline delivery system test protocol. (A) The method 
for determining the emissions of gasoline from a vapor recovery system 
are delineated in 40 CFR part 60, subpart XX, Sec. 60.503.
    (B) Other tests shall be performed consistent with:
    (1) ``Inspection Manual for Control of Volatile Organic Emissions 
from Gasoline Marketing Operations: Appendix D'' EPA-340/1-80-012 (which 
is available for purchase from the National Technical Information 
Services, 5285 Port Royal Road, Springfield, VA 22161)
    (2) ``Control of Hydrocarbons from Tank Truck Gasoline Loading 
Terminals: Appendix A'' EPA-450/2-77-026 (which is available for 
purchase from the National Technical Information Services, 5285 Port 
Royal Road, Springfield, VA 22161)
    (5) Compliance dates. Compliance with the requirements of all rules 
is required by July 1, 1991, unless otherwise indicated by compliance 
dates contained in specific rules. This paragraph shall not operate to 
provide additional time for compliance under section 113(d) of the Act, 
42 U.S.C. 7413(d), for sources subject to compliance upon promulgation.
    (6) Afterburners. The operation of any natural gas fired afterburner 
and capture system used to comply with Sec. 52.741 is not required 
during the period of November 1 of any year to April 1 of the following 
year provided that the operation of such devices is not required for 
purposes of occupational safety or health, or for the control of toxic 
substances, odor nuisances, or other regulated pollutants.
    (7) Exemptions, variances, and alternative means of control or 
compliance determinations. Notwithstanding the provisions of any other 
paragraphs of this section, any exemptions, variances or alternatives to 
the control requirements, emission limitations, or test methods in the 
Illinois SIP or FIP can only be allowed if approved by the Administrator 
as a SIP or FIP revision.
    (8) Vapor pressure of volatile organic liquids. (i) If the VOL 
consists of only a single compound, the vapor pressure shall be 
determined by ASTM Method D2879-86 (incorporated by reference as 
specified in 40 CFR 52.742) or the vapor pressure may be obtained from a 
published source such as: Boublik, T., V. Fried and E. Hala, ``The Vapor 
Pressure of Pure Substances,'' Elsevier Scientific Publishing Co., New 
York (1973); Perry's Chemical Engineer's Handbook, McGraw-Hill Book 
Company (1984); CRC Handbook of Chemistry and Physics, Chemical Rubber 
Publishing Company (1986-87); and Lange's Handbook of Chemistry, John A. 
Dean, editor, McGraw-Hill Book Company (1985).
    (ii) If the VOL is a mixture, the vapor pressure shall be determined 
by ASTM Method D2879-86 (incorporated by reference as specified in 40 
CFR 52.742) or by the following equation:

              n                                                         
Pvol =         Pi Xi                                           
             i=1                                                        
                                                                        

where:

Pvol=Total vapor pressure of the mixture,
n=Number of components in the mixture,
i=Subscript denoting an individual component,
Pi=Vapor pressure of a component determined in accordance with 
          paragraph (a) of this section
Xi=Mole fraction of the component in the total mixture.
    (9) Vapor pressure of organic material or solvent. (i) If the 
organic material or solvent consists of only a single compound, the 
vapor pressure shall be determined by ASTM Method D2879-86 (incorporated 
by reference as specified in 40 CFR 52.742) or the vapor pressure may be 
obtained from a published source such as: Boublik, T., V. Fried and E. 
Hala, ``The Vapor Pressure of Pure Substances,'' Elsevier Scientific 
Publishing Co., New York (1973); Perry's Chemical Engineer's Handbook, 
McGraw-Hill Book Company (1984); CRC Handbook of Chemistry and Physics, 
Chemical Rubber Publishing Company (1986-87); and Lange's Handbook

[[Page 320]]

of Chemistry, John A. Dean, editor, McGraw-Hill Book Company (1985).
    (ii) If the organic material or solvent is in a mixture made up of 
both organic material compounds and compounds which are not organic 
material, the vapor pressure shall be determined by the following 
equation:

                                                                        
                                                                        
                                        n                               
                                         PiXi                  
                                        i=1                             
                                  Pom=  ----------                      
                                        n                               
                                         Xi                    
                                        i=1                             

where:

Pom=Total vapor pressure of the portion of the mixture which is 
          composed of organic material,
n=Number of organic material components in the mixture,
i=Subscript denoting an individual component,
Pi=Vapor pressure of an organic material component determined in 
          accordance with paragraph (a) of this section,
Xi=Mole fraction of the organic material component of the total 
          mixture.

    (iii) If the organic material or solvent is in a mixture made up of 
only organic material compounds, the vapor pressure shall be determined 
by ASTM Method D2879-86 (incorporated by reference as specified in 40 
CFR 52.742) or by the above equation.
    (10) Vapor pressure of volatile organic material. (i) If the VOM 
consists of only a single compound, the vapor pressure shall be 
determined by ASTM Method D2879-86 (incorporated by reference as 
specified in 40 CFR 52.742) or the vapor pressure may be obtained from a 
published source such as: Boublik, T., V. Fried and E. Hala, ``The Vapor 
Pressure of Pure Substances,'' Elsevier Scientific Publishing Co., New 
York (1973); Perry's Chemical Engineer's Handbook, McGraw-Hill Book 
Company (1984); CRC Handbook of Chemistry and Physics, Chemical Rubber 
Publishing Company (1986-87); and Lange's Handbook of Chemistry, John A. 
Dean, editor, McGraw-Hill Book Company (1985).
    (ii) If the VOM is in a mixture made up of both VOM compounds and 
compounds which are not VOM, the vapor pressure shall be determined by 
the following equation:

                                                                        
                                                                        
                                                                        
                                                    n                   
                                           P                   
                                                  iXi                   
                                                  i=1                   
                                   Pvom=       ------                   
                                                    n                   
                                                               
                                                   Xi                   
                                                  i=1                   
                                                                        

where:

Pvom=Total vapor pressure of the portion of the mixture which is 
composed of VOM,
n=Number of VOM components in the mixture,
i=Subscript denoting an individual component,
Pi=Vapor pressure of a VOM component determined in accordance with 
paragraph (a) of this section,
Xi=Mole fraction of the VOM component of the total mixture.

    (iii) If the VOM is in a mixture made up of only VOM compounds, the 
vapor pressure shall be determined by ASTM Method D2879-86 (incorporated 
by reference as specified in 40 CFR 52.742) or by the above equation.
    (b)--(c) [Reserved]
    (d) Solvent cleaning--(1) Solvent cleaning in general. The 
requirements of subpart E (sections 215.182-215.184) of 35 Ill. Adm. 
Code 215 (incorporated by reference as specified in 40 CFR 52.742) shall 
apply to all cold cleaning, open top vapor degreasing, and conveyorized 
degreasing operations.

    Note: For Federal purposes, paragraph (d)(1) supersedes subpart E 
(section 215.181) of 35 Ill. Adm. Code 215.)

    (2) Compliance schedule. Every owner or operator of an emission 
source which was previously exempt from the requirements of subpart E 
(sections 215.182-215.184) of 35 Ill. Adm. Code 215 (incorporated by 
reference as specified in 40 CFR 52.742) because it satisfied the 
criteria in either (d)(a)(i) or (d)(2)(ii) of this section, shall comply 
with the requirements of subpart E (sections 215.182-215.184) of 35 Ill. 
Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742) 
on and after July 1, 1991. A source which did not satisfy the criteria 
in either (d)(a)(i) or (d)(2)(ii) of this section, shall comply with the 
requirements of subpart E

[[Page 321]]

(sections 215.182-215.184) of 35 Ill. Adm. Code 215 (incorporated by 
reference as specified in 40 CFR 52.742) upon promulgation.
    (i) If emissions of VOM exceed neither 6.8 kg (15 lbs) in any one 
day, nor 1.4 kg (3 lbs) in any one hour, or
    (ii) If the source is used exclusively for chemical or physical 
analysis or for determination of product quality and commercial 
acceptance, provided that the operation of the source is not an integral 
part of the production process, the emissions of VOM from the source do 
not exceed 363 kg (800 lbs) in any calendar month, and the exemption had 
been approved in writing by the Illinois Environmental Protection 
Agency.
    (3) Test methods. The following test methods shall be used to 
demonstrate compliance with subpart E (sections 215.182-215.184) of 35 
Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 
52.742):
    (i) Vapor pressures shall be determined by using the procedure 
specified in paragraph (a)(9) of this section.
    (ii) Exhaust ventilation rates shall be determined by using the 
procedures specified in paragraph (a)(4)(vi)(C) of this section.
    (iii) The performance of control devices shall be determined by 
using the procedures specified in paragraph (a)(4)(vi) of this section.
    (e) Coating operations--(1) Emission limitations for manufacturing 
plants. (i) Except as provided in paragraph (e)(3) of this section, no 
owner or operator of a coating line shall apply at any time any coating 
in which the VOM content exceeds the following emission limitations for 
the specified coating. The following emission limitations are expressed 
in units of VOM per volume of coating (minus water and any compounds 
which are specifically exempted from the definition of VOM) as applied 
at each coating applicator, except where noted. Compounds which are 
specifically exempted from the definition of VOM should be treated as 
water for the purpose of calculating the ``less water'' part of the 
coating composition. Compliance with this paragraph must be demonstrated 
through the applicable coating analysis test methods and procedures 
specified in paragraph (a)(4)(i) of this section and the recordkeeping 
and reporting requirements specified in paragraph (e)(6)(ii) of this 
section. As an alternative to compliance with this paragraph, the owner 
or operator of a coating line may meet the requirements of paragraph 
(e)(1)(ii) or paragraph (e)(2) of this section. The equation presented 
in paragraph (e)(1)(iii) of this section shall be used to calculate 
emission limitations for determining compliance by add-on controls, 
credits for transfer efficiency, emissions trades and cross-line 
averaging.

------------------------------------------------------------------------
                                                         kg/l    lb/gal 
------------------------------------------------------------------------
(A) Automobile or Light-Duty Truck Coating                              
  (1) Prime coat......................................    0.14     (1.2)
  (2) Prime surfacer coat.............................    0.34     (2.8)
                                                                        
    Note: The prime surfacer coat limitation is based upon a transfer   
    efficiency of 30 percent. Transfer efficiency credits can only be   
   allowed if approved by the Administrator as a SIP or FIP revision.   
                                                                        
  (3) Topcoat.........................................    1.81    (15.1)
                                                                        
 Note: The topcoat limitation is in units of kg (lbs) of VOM per l (gal)
  of coating solids deposited. Compliance with the limitation shall be  
 based on the daily-weighted average VOM content from the entire topcoat
  operation (all topcoat spray booths, flash-off areas and bake ovens). 
Compliance shall be demonstrated in accordance with the topcoat protocol
for automobiles and light-duty trucks referenced in paragraph (a)(4)(ii)
 of this section. Paragraph (e)(1)(ii) of this section does not apply to
     the topcoat limitation.) At least 180 days prior to the initial    
 compliance date, the owner or operator of a coating line subject to the
topcoat limitation shall submit to the Administrator a detailed proposal
specifying the method of demonstrating compliance with the protocol. The
 proposal shall include, at a minimum, a comprehensive plan (including a
rationale) for determining the transfer efficiency at each booth through
 the use of in-plant, or pilot testing; the selection of coatings to be 
  tested (for the purpose of determining transfer efficiency) including 
 the rationale for coating groupings; and the method for determining the
 analytic VOM content of as applied coatings and the formulation solvent
  content of as applied coatings. Upon approval of the protocol by the  
Administrator, the source may proceed with the compliance demonstration.
                                                                        
  (4) Final repair coat...............................    0.58     (4.8)
(B) Can Coating                                                         
  (1) Sheet basecoat and overvarnish..................    0.34     (2.8)
  (2) Exterior basecoat and overvarnish...............    0.34     (2.8)
  (3) Interior body spray coat........................    0.51     (4.2)
  (4) Exterior end coat...............................    0.51     (4.2)

[[Page 322]]

                                                                        
  (5) Side seam spray coat............................    0.66     (5.5)
  (6) End sealing compound coat.......................    0.44     (3.7)
(C) Paper Coating.....................................    0.35     (2.9)
                                                                        
   Note: The paper coating limitation shall not apply to any owner or   
operator of any paper coating line on which printing is performed if the
 paper coating line complies with the emissions limitations in paragraph
            (h)(1) of this section: Printing and Publishing.            
                                                                        
(D) Coil Coating......................................    0.31     (2.6)
(E) Fabric Coating....................................    0.35     (2.9)
(F) Vinyl Coating.....................................    0.45     (3.8)
(G) Metal Furniture Coating...........................    0.36     (3.0)
(H) Large Appliance Coating...........................    0.34     (2.8)
                                                                        
Note: The limitation shall not apply to the use of quick-drying lacquers
 for repair of scratches and nicks that occur during assembly, provided 
 that the volume of coating does not exceed 0.95 l (1 quart) in any one 
                       rolling eight-hour period.                       
                                                                        
(I) Magnet Wire Coating...............................    0.20     (1.7)
(J) Miscellaneous Metal Parts and Products Coating                      
  (1) Clear coating...................................    0.52     (4.3)
  (2) Air-dried coating...............................    0.42     (3.5)
  (3) Extreme performance coating.....................    0.42     (3.5)
  (4) Steel pail and drum interior coating............    0.52     (4.3)
  (5) All other coatings..............................    0.36     (3.0)
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                         kg/l    lb/gal 
------------------------------------------------------------------------
(K) Heavy Off-Highway Vehicle Products Coating                          
  (1) Extreme performance prime coat..................    0.42     (3.5)
  (2) Extreme performance top-coat (air dried)........    0.42     (3.5)
  (3) Final repair coat (air dried)...................    0.42     (3.5)
                                                                        
  (4) All other coatings are subject to the emission limitations for    
   miscellaneous metal parts and products coatings in paragraph         
   (e)(1)(i)(J) of this section.........................................
                                                                        
(L) Wood Furniture Coating                                              
  (1) Clear topcoat...................................    0.67     (5.6)
  (2) Opaque stain....................................    0.56     (4.7)
  (3) Pigmented coat..................................    0.60     (5.0)
  (4) Repair coat.....................................    0.67     (5.6)
  (5) Sealer..........................................    0.67     (5.6)
  (6) Semi-transparent stain..........................    0.79     (6.6)
  (7) Wash coat.......................................    0.73     (6.1)
                                                                        
Note: An owner or operator of a wood furniture coating operation subject
  to this paragraph shall apply all coatings, with the exception of no  
   more than 37.8 l (10 gal) of coating per day used for touch-up and   
    repair operations, using one or more of the following application   
  systems: airless spray application system, air-assisted airless spray 
       application system, electrostatic spray application system,      
   electrostatic bell or disc spray application system, heated airless  
     spray application system, roller coating, brush or wipe coating    
         application system, or dip coating application system.         
                                                                        
(M) Existing Diesel-Electric Locomotive Coating Lines                   
 in Cook County                                                         
  (1) Extreme performance prime coat..................    0.42     (3.5)
  (2) Extreme performance top-coat (air dried)........    0.42     (3.5)
  (3) Final repair coat (air dried)...................    0.42     (3.5)
  (4) High-temperature aluminum coating...............    0.72     (6.0)
  (5) All other coatings..............................    0.36     (3.0)
------------------------------------------------------------------------

    (ii) Daily-weighted average limitations. No owner or operator of a 
coating line subject to the limitations of paragraph (e)(1)(i) of this 
section and complying by means of paragraph (e)(1)(ii) of this section 
shall operate the subject coating line unless the owner or operator has 
demonstrated compliance with paragraph (e)(1) (ii)(A), (ii)(B), (ii)(C), 
(ii)(D), (ii)(E) or (ii)(F) of this section (depending upon the source 
category) through the applicable coating analysis test methods and 
procedures specified in paragraph (a)(4)(i) of this section and the 
recordkeeping and reporting requirements specified in paragraph 
(e)(6)(iii) of this section.
    (A) No owner or operator of a coating line subject to only one of 
the limitations from among paragraph (e)(1) (i)(A)(1), (i)(A)(2), 
(i)(A)(4), (i)(C), (i)(D), (i)(E), (i)(F), (i)(G), (i)(H), or (i)(I) of 
this section shall apply coating on any such coating line, during any 
day, whose daily-weighted average VOM content exceeds the emission 
limitation to which the coatings are subject.

[[Page 323]]

    (B) No owner or operator of a miscellaneous metal parts and products 
coating line subject to the limitations of paragraph (e)(1)(i)(J) of 
this section shall apply coatings to miscellaneous metal parts or 
products on the subject coating line unless the requirements in 
paragraph (e)(1)(ii)(B) (1) or (2) of this section are met.
    (1) For each coating line which applies multiple coatings, all of 
which are subject to the same numerical emission limitation within 
paragraph (e)(1)(i)(J) of this section, during the same day (e.g., all 
coatings used on the line are subject to 0.42 kg/l [3.5 lbs/gal]), the 
daily-weighted average VOM content shall not exceed the coating VOM 
content limit corresponding to the category of coating used, or
    (2) For each coating line which applies coatings from more than one 
of the four coating categories in paragraph (e)(1)(i)(J) of this 
section, during the same day, the owner or operator shall submit to and 
receive approval from the Administrator for a site-specific FIP 
revision. To receive approval, the requirements of USEPA's Emissions 
Trading Policy Statement (and related policy) must be satisfied.
    (C) No owner or operator of a can coating facility subject to the 
limitations of pargraph (e)(1)(i)(B) of this section shall operate the 
subject coating facility using a coating with a VOM content in excess of 
the limitations specified in paragrpah (e)(1)(i)(B) of this section 
unless all of the following requirements are met:
    (1) An alternative daily emission limitation shall be determined 
according to paragraph (e)(1)(ii)(C)(2) of this section. Actual daily 
emissions shall never exceed the alternative daily emission limitation 
and shall be calculated by use of the following equation.

                                                                        
                                                                        
                                                                        
                                                 n                      
                                                                        
                                    Ed        =  <3-ln-grk-S>           
                                                   ViCi                 
                                                                        
                                                 i=1                    
                                                                        

where:

Ed=Actual VOM emissions for the day in units of kg/day (lbs/day),
i=Subscript denoting a specific coating applied,
n=Total number of coatings applied in the can coating operation,
Vi=Volume of each coating applied for the day in units of l/day 
          (gal/day) of coating (minus water and any compounds which are 
          specifically exempted from the definition of VOM), and
Ci=The VOM content of each coating as applied in units of kg VOM/l 
          (lbs VOM/gal) of coating (minus water and any compounds which 
          are specifically exempted from the definition of VOM).
    (2) The alternative daily emission limitation (Ad) shall be 
determined on a daily basis as follows:

                                 n                                      
                                                                        
Ad                            =  <3-ln-grk-S>  Vi Li (Di-Ci)            
                                                                        
                                 i=1    ____________                    
                                                                        
                                         (Di-Li)                        
                                                                        

where:

Ad=The VOM emissions allowed for the day in units of kg/day (lbs/
          day),
i=Subscript denoting a specific coating applied,
n=Total number of surface coatings applied in the can coating operation,
Ci=The VOM content of each surface coating as applied in units of 
          kg VOM/l (lbs VOM/gal) of coating (minus water and any 
          compounds which are specifically exempted from the definition 
          of VOM),
Di=The density of VOM in each coating applied. For the purposes of 
          calculating Ad, the density is 0.882 kg VOM/l VOM (7.36 
          lbs VOM/gal VOM),
Vi=Volume of each surface coating applied for the day in units of l 
          (gal) of coating (minus water and any compounds which are 
          specifically exempted from the definition of VOM),
Li=The VOM emission limitation for each surface coating applied as 
          specified in paragraph (e)(1)(i)(B) of this section in units 
          of kg VOM/l (lbs VOM/gal) of coating (minus water and any 
          compounds which are specifically exempted from the definition 
          of VOM).

    (D) No owner or operator of a heavy off-highway vehicle products 
coating line subject to the limitations of paragraph (e)(1)(i)(K) of 
this section shall apply coatings to heavy off-highway vehicle products 
on the subject coating line unless the requirements of paragraph 
(e)(1)(ii)(D) (1) or (2) of this section are met.
    (1) For each coating line which applies multiple coatings, all of 
which are subject to the same numerical emission limitation within 
paragraph (e)(1)(i)(K) of this section, during the same day (e.g., all 
coatings used on the

[[Page 324]]

line are subject to 0.42 kg/l [3.5 lbs/gal]), the daily-weighted average 
VOM content shall not exceed the coating VOM content limit corresponding 
to the category of coating used, or
    (2) For each coating line which applies coatings subject to more 
than one numerical emission limitation in paragraph (e)(1)(i)(K) of this 
section, during the same day, the owner or operator shall submit to and 
receive approval from the Administrator for a site-specific FIP 
revision. To receive approval, the requirements of USEPA's Emissions 
Trading Policy Statement (and related policy) must be satisfied.
    (E) No owner or operator of a wood furniture coating line subject to 
the limitations of paragraph (e)(1)(i)(L) of this section shall apply 
coatings to wood furniture on the subject coating line unless the 
requirements of paragraph (e)(1)(ii)(E) (1) or (2) of this section, in 
addition to the requirements specified in the note to paragraph 
(e)(1)(i)(L) of this section, are met.
    (1) For each coating line which applies multiple coatings, all of 
which are subject to the same numerical emission limitation within 
paragraph (e)(1)(i)(L) of this section, during the same day (e.g., all 
coatings used on the line are subject to 0.67 kg/l [5.6 lbs/gal]), the 
daily-weighted average VOM content shall not exceed the coating VOM 
content limit corresponding to the category of coating used, or
    (2) For each coating line which applies coatings subject to more 
than one numerical emission limitation in paragraph (e)(1)(i)(L) of this 
section, during the same day, the owner or operator shall submit to and 
receive approval from the Administrator for a site-specific FIP 
revision. To receive approval, the requirements of USEPA's Emissions 
Trading Policy Statement (and related policy) must be satisfied.
    (F) No owner or operator of an existing diesel-electric locomotive 
coating line in Cook County, subject to the limitations of paragraph 
(e)(1)(i)(M) of this section shall apply coatings to diesel-electric 
locomotives on the subject coating line unless the requirements of 
paragraph (e)(1)(ii)(F) (1) or (2) of this section are met.
    (1) For each coating line which applies multiple coatings, all of 
which are subject to the same numerical emission limitation within 
paragraph (e)(1)(i)(M) of this section, during the same day (e.g., all 
coatings used on the line are subject to 0.42 kg/l [3.5 lbs/gal]), the 
daily-weighted average VOM content shall not exceed the coating VOM 
content limit corresponding to the category of coating used, or
    (2) For each coating line which applies coatings subject to more 
than one numerical emission limitation in paragraph (e)(1)(i)(M) of this 
section, during the same day, the owner or operator shall submit to and 
receive approval from the Administrator for a site-specific FIP 
revision. To receive approval, the requirements of USEPA's Emissions 
Trading Policy Statement (and related policy) must be satisfied.
    (iii) Limitations in terms of kg (lbs) of VOM emissions per l (gal) 
of solids as applied at each coating applicator shall be determined by 
the following equation:

                C
      S  =   ------------------
               1--(C/D)

where:

S=The limitation on VOM emissions in terms of kg VOM/l (lbs VOM/gal) of 
          solids,
C=The limitation on VOM emissions in terms of kg/l (lbs/gal) of coating 
          (minus water and any compounds which are specifically excluded 
          from the definition of VOM) specified in paragraph (e)(1)(i) 
          of this section,
D=The density of VOM in the coating. For the purposes of calculating S, 
          the density is 0.882 kg VOM/l VOM (7.36 lbs VOM/gal VOM).
    (2) Alternative emission limitations. Any owner or operator of a 
coating line subject to paragraph (e)(1) of this section may comply with 
this paragraph, rather than with paragraph (e)(1) of this section, if a 
capture system and control device are operated at all times and the 
owner or operator demonstrates compliance with paragraphs (e)(2) (ii), 
(iii), (iv), (v), (vi) or (vii) of this section (depending upon the 
source category) through the applicable coating analysis and capture 
system and control device efficiency test methods and procedures 
specified in paragraph (a)(4) of this section and the recordkeeping and 
reporting requirements specified in paragraph (e)(6)(iv) of this

[[Page 325]]

section; and the control device is equipped with the applicable 
monitoring equipment specified in paragraph (a)(4)(iv) of this section 
and the monitoring equipment is installed, calibrated, operated and 
maintained according to vendor specifications at all times the control 
device is in use. The use of a capture system and control device, which 
does not demonstrate compliance with paragraph (e)(2) (ii), (iii), (iv), 
(v), (vi), or (vii), may only be used as an alternative to compliance 
with paragraph (e)(1) of this section if approved as a FIP revision.
    (i) Alternative add-on control methodologies. (A) The coating line 
is equipped with a capture system and control device that provides 81 
percent reduction in the overall emissions of VOM from the coating line 
and the control device has a 90 percent efficiency, or
    (B) The system used to control VOM from the coating line is 
demonstrated to have an overall efficiency sufficient to limit VOM 
emissions to no more than what is allowed under paragraph (e)(1) of this 
section. Use of any control system other than an afterburner, carbon 
absorption, condensation, or absorption scrubber system can only be 
allowed if approved by the Administrator as a SIP or FIP revision. 
Transfer efficiency credits can only be allowed if approved by the 
Administrator as a SIP or FIP revision. Baseline transfer efficiencies 
and transfer efficiency test methods must be approved by the 
Administrator.
    Such overall efficiency is to be determined as follows:
    (1) Obtain the emission limitation from the appropriate paragraph in 
(e)(1) of this section,
    (2) Calculate ``S'' according to the equation in paragraph 
(e)(1)(iii) of this section,
    (3) Calculate the overall efficiency required according to paragraph 
(a)(4)(v) of this section. For the purposes of calculating this value, 
according to the equation in (a)(4)(v)(B) of this section VOM1 is 
equal to the value of ``S'' as determined above in (i)(B)(2).
    (ii) No owner or operator of a coating line subject to only one of 
the emission limitations from among paragraph (e)(1)(i)(A)(1), 
(e)(1)(i)(A)(2), (e)(1)(i)(A)(4), (e)(1)(i)(C), (e)(1)(i)(D), 
(e)(1)(i)(E), (e)(1)(i)(F), (e)(1)(i)(G), (e)(1)(i)(H), or (e)(1)(i)(I) 
of this section and equipped with a capture system and control device 
shall operate the subject coating line unless the requirements in 
paragraph (e)(2)(i) (A) or (B) of this section are met. No owner or 
operator of a coating line subject to paragraph (e)(1)(i)(A)(3) of this 
section and equipped with a capture system and control device shall 
operate the coating line unless the owner or operator demonstrates 
compliance with the topcoat limitation in accordance with the topcoat 
protocol for automobile or light-duty trucks referenced in paragraph 
(a)(4)(ii) of this section.
    (iii) No owner or operator of a miscellaneous metal parts and 
products coating line which applies one or more coatings during the same 
day, all of which are subject to the same numerical emission limitation 
within paragraph (e)(1)(i)(J) of this section (e.g., all coatings used 
on the line are subject to 0.42 kg/l [3.5 lbs/gal]), and which is 
equipped with a capture system and control device shall operate the 
subject coating line unless the requirements in paragraph (e)(2)(i) (A) 
or (B) of this section are met.
    (iv) No owner or operator of a heavy off-highway vehicle products 
coating line which applies one or more coatings during the same day, all 
of which are subject to the same numerical emission limitation within 
paragraph (e)(1)(i)(K) of this section (e.g., all coatings used on the 
line are subject to 0.42 kg/l [3.5 lbs/gal]), and which is equipped with 
a capture system and control device shall operate the subject coating 
line unless the requirements in paragraph (e)(2)(i) (A) or (B) of this 
section are met.
    (v) No owner or operator of an existing diesel-electric locomotive 
coating line in Cook County which applies one or more coatings during 
the same day, all of which are subject to the same numerical emission 
limitation within paragraph (e)(1)(i)(M) of this section (e.g., all 
coatings used on the line are subject to 0.42 kg/l [3.5 lbs/gals]), and 
which is equipped with a capture system and control device shall operate

[[Page 326]]

the subject coating line unless the requirements in paragraph (e)(2)(i) 
(A) or (B) of this section are met.
    (vi) No owner or operator of a wood furniture coating line which 
applies one or more coatings during the same day, all of which are 
subject to the same numerical emission limitation within paragraph 
(e)(1)(i)(L) (e.g., all coatings used on the line are subject to 0.67 
kg/l [5.6 lbs/gal]), and which is equipped with a capture system and 
control device shall operate the subject coating line unless the 
requirements in paragraph (e)(2)(i) (A) or (B) of this section are met. 
If compliance is achieved by meeting the requirements in paragraph 
(e)(2)(i)(B) of this section, then the provisions in the note to 
paragraph (e)(1)(i)(L) of this section must also be met.
    (vii) No owner or operator of a can coating facility and equipped 
with a capture system and control device shall operate the subject 
coating facility unless the requirements in paragraph (e)(2)(vii) (A) or 
(B) of this section are met.
    (A) An alternative daily emission limitation shall be determined 
according to paragraph (e)(1)(ii)(C)(2) of this section. Actual daily 
emissions shall never exceed the alternative daily emission limitation 
and shall be calculated by use of the following equation:

                                                                        
                                                                        
                                                                        
                                              n                         
                                                                        
                                  Ed       =  <3-ln-grk-S>  ViCi        
                                               (1-Fi)                   
                                                                        
                                              i=1                       
                                                                        

where:

Ed=Actual VOM emissions for the day in units of kg/day (lbs/day),
i=Subscript denoting the specific coating applied,
n=Total number of surface coatings as applied in the can coating 
          operation,
Vi=Volume of each coating as applied for the day in units of 1/day 
          (gal/day) of coating (minus water and any compounds which are 
          specifically exempted from the definition of VOM),
Ci=The VOM content of each coating as applied in units of kg VOM/l 
          (lbs VOM/gal) of coating (minus water and any compounds which 
          are specifically exempted from the definition of VOM), and
Fi=Fraction, by weight, of VOM emissions from the surface coating, 
          reduced or prevented from being emitted to the ambient air. 
          This is the overall efficiency of the capture system and 
          control device.

    (B) The coating line is equipped with a capture system and control 
device that provide 75 percent reduction in the overall emissions of VOM 
from the coating line and the control device has a 90 percent 
efficiency.
    (3) Exemptions from emission limitations--(i) Exemptions for all 
source categories except wood furniture coating. The limitations of 
paragraph (e) of this section shall not apply to coating lines within a 
facility, that otherwise would be subject to the same subparagraph of 
paragraph (e)(1)(i) of this section (because they belong to the same 
source category, e.g. can coating), provided that combined actual 
emissions of VOM from all lines at the facility subject to that 
subparagraph never exceed 6.8 kg/day (15 lbs/day) before the application 
of capture systems and control devices. (For example, can coating lines 
within a plant would not be subject to the limitations of subparagraph 
(e)(1)(i)(B) of this section if the combined actual emissions of VOM 
from the can coating lines never exceed 6.8 kg/day (15 lbs/day) before 
the application of capture systems and control devices.) Volatile 
organic material emissions from heavy off-highway vehicle products 
coating lines must be combined with VOM emissions from miscellaneous 
metal parts and products coating lines to determine applicability. Any 
owner or operator of a coating facility shall comply with the applicable 
coating analysis test methods and procedures specified in paragraph 
(a)(4)(i) of this section and the recordkeeping and reporting 
requirements specified in paragraph (e)(6)(i) of this section if total 
VOM emissions from the subject coating lines are always less than or 
equal to 6.8 kg/day (15 lbs/day) before the application of capture 
systems and control devices and, therefore, are not subject to the 
limitations of paragraph (e)(1) of this section. Once a category of 
coating lines at a facility is subject to the limitations in paragraph 
(e)(1) of this section, the coating lines are always subject to the 
limitations in paragraph (e)(1) of this section.

[[Page 327]]

    (ii) Applicability for wood furniture coating. (A) The limitations 
of paragraph (e) of this section shall apply to a plant's wood furniture 
coating lines if the plant contains process emission sources, not 
regulated by paragraphs (d), (e) (excluding paragraph (e)(1)(i)(L)), (h) 
(excluding paragraph (h)(5)), (i), (j), or (q)(1), or subparts B, Q 
(excluding sections 215.432 and 215.436), R (excluding sections 215.447, 
215.450, and 215.452), S, V, X, Y (sections 215.582-215.584), or Z of 35 
Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 
52.742), which as a group both:
    (1) Have maximum theoretical emissions of 91 Mg (100 tons) or more 
per calendar year of VOM if no air pollution control equipment were 
used, and
    (2) Are not limited to less than 91 Mg (100 tons) of VOM per 
calendar year if no air pollution control equipment were used, through 
production or capacity limitations contained in a federally enforceable 
construction permit or SIP or FIP version.
    (B) If a plant ceases to fulfill the criteria of paragraph 
(e)(3)(ii)(A) of this section, the limitations of paragraph (e)(1)(i)(L) 
of this section shall continue to apply to any wood furniture coating 
line which was ever subject to the limitations of paragraph (e)(1)(i)(L) 
of this section.
    (C) For the purposes of paragraph (e)(3)(ii) of this section, an 
emission source shall be considered regulated by a subpart (of the 
Illinois rules), section, or paragraph if it is subject to the 
limitations of that subpart (of the Illinois rules), section, or 
paragraph. An emission source is not considered regulated by a subpart 
(of the Illinois rules), section, or paragraph if its emissions are 
below the applicability cutoff level or if the source is covered by an 
exemption.
    (D) Any owner or operator of a wood furniture coating line to which 
the limitations of paragraph (e) of this section are not applicable due 
to the criteria in paragraph (e)(3)(ii) of this section shall, upon 
request by the Administrator, submit records to the Administrator within 
30 calendar days from the date of the request that document that the 
coating line is exempt from the limitations of paragraph (e) of this 
section.
    (4) Exemption from general rule on use of organic material. No owner 
or operator of a coating line subject to the limitations of paragraph 
(e)(1) of this section is required to meet the limitations of subpart K 
(section 215.301 or 215.302) of 35 Ill. Adm. Code 215 (incorporated by 
reference as specified in 40 CFR 52.742), after the date by which the 
coating line is required to meet paragraph (e)(1) of this section.
    (5) Compliance schedule. Except as specified in paragraph (e)(7) of 
this section, every owner or operator of a coating line (of a type 
included within paragraph (e)(1)(i) of this section) shall comply with 
the requirements of paragraph (e)(1),(e)(2) or (e)(3) of this section 
and paragraph (e)(6) of this section in accordance with the appropriate 
compliance schedule as specified in paragraph (e)(5)(i),(ii),(iii) or 
(iv) of this section.
    (i) No owner or operator of a coating line which is exempt from the 
limitations of paragraph (e)(1) of this section because of the criteria 
in paragraph (e)(3)(i) of this section shall operate said coating line 
on or after July 1, 1991, unless the owner or operator has complied 
with, and continues to comply with, paragraph (e)(6)(i) of this section. 
Wood furniture coating lines are not subject to paragraph (e)(6)(i) of 
this section.
    (ii) No owner or operator of a coating line complying by means of 
paragraph (e)(1)(i) of this section shall operate said coating line on 
or after July 1, 1991, unless the owner or operator has complied with, 
and continues to comply with, paragraphs (e)(1)(i) and (e)(6)(ii) of 
this section.
    (iii) No owner or operator of a coating line complying by means of 
paragraph (e)(1)(ii) of this section shall operate said coating line on 
or after July 1, 1991, unless the owner or operator has complied with, 
and continues to comply with, paragraphs (e)(1)(ii) and (e)(6)(iii) of 
this section.
    (iv) No owner or operator of a coating line complying by means of 
paragraph (e)(2) of this section shall operate said coating line on or 
after July 1, 1991, unless the owner or operator has complied with, and 
continues to comply

[[Page 328]]

with, paragraphs (e)(2) and (e)(6)(iv) of this section.
    (6) Recordkeeping and reporting. The VOM content of each coating and 
the efficiency of each capture system and control device shall be 
determined by the applicable test methods and procedures specified in 
paragraph (a)(4) of this section to establish the records required under 
paragraph (e)(6) of this section.
    (i) Any owner or operator of a coating line which is exempted from 
the limitations of paragraph (e)(1) of this section because of paragraph 
(e)(3)(i) of this section shall comply with the following:
    (A) By July 1, 1991, the owner or operator of a facility referenced 
in paragraph (e)(6)(i) of this section shall certify to the 
Administrator that the facility is exempt under the provisions of 
paragraph (e)(3)(i) of this section. Such certification shall include:
    (1) A declaration that the facility is exempt from the limitations 
of paragraph (e)(1) of this section because of paragraph (e)(3)(i) of 
this section; and
    (2) Calculations which demonstrate that the combined VOM emissions 
from all coating lines at the facility never exceed 6.8 kg (15 lbs) per 
day before the application of capture systems and control devices. The 
following equation shall be used to calculate total VOM emissions:

                                                                                                                
                                                       m          n                                             
                                                                                                                
                                            Te  =       (Ai Bi)j                              
                                                                                                                
                                                      j=1        i=1                                            
                                                                                                                
                                                                                                                
                                                                                                                

where:

Te=Total VOM emissions from coating lines at a facility each day 
          before the application of capture systems and control devices 
          in units of kg/day (lbs/day),
m=Number of coating lines at the facility,
j=Subscript denoting an individual coating line,
n=Number of different coatings as applied each day on each coating line 
          at the facility,
i=Subscript denoting an individual coating,
Ai=Weight of VOM per volume of each coating (minus water and any 
          compounds which are specifically exempted from the definition 
          of VOM) as applied each day on each coating line at the 
          facility in units of kg VOM/l (lbs VOM/gal), and
Bi=Volume of each coating (minus water and any compounds which are 
          specifically exempted from the definition of VOM) as applied 
          each day on each coating line at the facility in units of l/
          day (gal/day). The instrument or method by which the owner or 
          operator accurately measured or calculated the volume of each 
          coating as applied on each coating line each day shall be 
          described in the certification to the Administrator.

    (B) On and after July 1, 1991, the owner or operator of a facility 
referenced in paragraph (e)(6)(i) of this section shall collect and 
record all of the following information each day for each coating line 
and maintain the information at the facility for a period of three 
years:
    (1) The name and identification number of each coating as applied on 
each coating line.
    (2) The weight of VOM per volume and the volume of each coating 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each day on each coating line.
    (C) On and after July 1, 1991, the owner or operator of a facility 
exempted from the limitations of paragraph (e)(1) of this section 
because of paragraph (e)(3)(i) of this section shall notify the 
Administrator of any record showing that total VOM emissions from the 
coating facility exceed 6.8 kg (15 lbs) in any day before the 
application of capture systems and control devices shall be reported by 
sending a copy of such record to the Administrator within 30 days after 
the exceedance occurs.
    (ii) Any owner or operator of a coating line subject to the 
limitations of paragraph (e)(1) of this section and complying by means 
of paragraph (e)(1)(i) of this section shall comply with the following:
    (A) By July 1, 1991, or upon initial start-up of a new coating line, 
or upon changing the method of compliance from an existing subject 
coating line from paragraph (e)(1)(ii) or paragraph (e)(2) to paragraph 
(e)(1)(i) of this section; the owner or operator of a subject coating 
line shall certify to the Administrator that the coating line will be in 
compliance with paragraph (e)(1)(i) of this section on and after July 1, 
1991, or

[[Page 329]]

on and after the initial start-up date. Such certification shall 
include:
    (1) The name and identification number of each coating as applied on 
each coating line.
    (2) The weight of VOM per volume of each coating (minus water and 
any compounds which are specifically exempted from the definition of 
VOM) as applied each day on each coating line.
    (3) For coating lines subject to paragraph (e)(1)(i)(A)(3) of this 
section, certification shall include:
    (i) The name and identification number of each coating line which 
will comply by means of paragraph (e)(1)(i)(A)(3) of this section,
    (ii) The name and identification number of each coating as applied 
on each coating line,
    (iii) The weight of VOM per volume of each coating as applied on 
each coating line,
    (iv) The instrument or method by which the owner or operator will 
accurately measure or calculate the volume of each coating as applied 
each day on each coating line,
    (v) The method by which the owner or operator will create and 
maintain records each day as required in paragraph (e)(6)(ii)(B) of this 
section for coating lines subject to paragraph (e)(1)(i)(A)(3) of this 
section,
    (vi) An example format in which the records required in paragraph 
(e)(6)(ii)(B) of this section for coating lines subject to paragraph 
(e)(1)(i)(A)(3) of this section.
    (B) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a coating line subject to the limitations 
of paragraph (e)(1) of this section and complying by means of paragraph 
(e)(1)(i) of this section shall collect and record all of the following 
information each day for each coating line and maintain the information 
at the facility for a period of three years:
    (1) The name and identification number of each coating as applied on 
each coating line.
    (2) The weight of VOM per volume of each coating (minus water and 
any compounds which are specifically exempted from the definition of 
VOM) as applied each day on each coating line.
    (3) For coating lines subject to paragraph (e)(1)(i)(A)(3) of this 
section, the owner or operator shall maintain all records necessary to 
calculate the daily-weighted average VOM content from the coating line 
in accordance with the proposal submitted, and approved by the 
Administrator, pursuant to paragraph (e)(1)(A)(3) of this section.
    (C) On and after July 1, 1991, the owner or operator of a subject 
coating line shall notify the Administrator in the following instances:
    (1) Any record showing violation of paragraph (e)(1)(i) of this 
section shall be reported by sending a copy of such record to the 
Administrator within 30 days following the occurrence of the violation, 
except that any record showing a violation of paragraph (e)(1)(i)(A)(3) 
of this section shall be reported by sending a copy of such record to 
the Administrator within 15 days from the end of the month in which the 
violation occurred.
    (2) At least 30 calendar days before changing the method of 
compliance with paragraph (e)(1) of this section from paragraph 
(e)(1)(i) to paragraph (e)(1)(ii) or paragraph (e)(2) of this section, 
the owner or operator shall comply with all requirements of paragraph 
(e)(6) (iii)(A) or (iv)(A) of this section, respectively. Upon changing 
the method of compliance with paragraph (e)(1) of this section from 
paragraph (e)(1)(i) to paragraph (e)(1)(ii) or paragraph (e)(2) of this 
section, the owner or operator shall comply with all requirements of 
paragraph (e)(6) (iii) or (iv) of this section, respectively.
    (3) For coating lines subject to paragraph (e)(1)(i)(A)(3) of this 
section, the owner or operator shall notify the Administrator of any 
change to the topcoating operation at least 30 days before the change is 
effected. The Administrator shall determine whether or not 
recertification testing is required. If the Administrator determines 
that recertification testing is required, then the owner or operator 
shall submit a proposal to the Administrator to test within 30 days and 
retest within 30 days of the Administrator's approval of the proposal.
    (iii) Any owner or operator of a coating line subject to the 
limitations of paragraph (e)(1) of this section and

[[Page 330]]

complying by means of paragraph (e)(1)(ii) of this section shall comply 
with the following:
    (A) By July 1, 1991, or upon initial start-up of a new coating line, 
or upon changing the method of compliance for an existing subject 
coating line from paragraph (e)(1)(i) or paragraph (e)(2) to paragraph 
(e)(1)(ii) of this section; the owner or operator of the subject coating 
line shall certify to the Administrator that the coating line will be in 
compliance with paragraph (e)(1)(ii) of this section on and after July 
1, 1991, or on and after the initial start-up date. Such certification 
shall include:
    (1) The name and identification number of each coating line which 
will comply by means of paragraph (e)(1)(ii) of this section.
    (2) The name and identification number of each coating as applied on 
each coating line.
    (3) The weight of VOM per volume and the volume of each coating 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each day on each coating line.
    (4) The instrument or method by which the owner or operator will 
accurately measure or calculate the volume of each coating as applied 
each day on each coating line.
    (5) The method by which the owner or operator will create and 
maintain records each day as required in paragraph (e)(6)(iii)(B) of 
this section.
    (6) An example of the format in which the records required in 
paragraph (e)(6)(iii)(B) of this section will be kept.
    (B) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a coating line subject to the limitations 
of paragraph (e)(1) of this section and complying by means of paragraph 
(e)(1)(ii) of this section, shall collect and record all of the 
following information each day for each coating line and maintain the 
information at the facility for a period of three years:
    (1) The name and identification number of each coating as applied on 
each coating line.
    (2) The weight of VOM per volume and the volume of each coating 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each day on each coating line.
    (3) The daily-weighted average VOM content of all coatings as 
applied on each coating line as defined in paragraph (a)(3) of this 
section.
    (C) On and after July 1, 1991, the owner or operator of a subject 
coating line shall notify the Administrator in the following instances:
    (1) Any record showing violation of paragraph (e)(1)(ii) of this 
section shall be reported by sending a copy of such record to the 
Administrator within 30 days following the occurrence of the violation.
    (2) At least 30 calendar days before changing the method of 
compliance with paragraph (e) from paragraph (e)(1)(ii) to paragraph 
(e)(1)(i) or paragraph (e)(2) of this section, the owner or operator 
shall comply with all requirements of paragraph (e)(6)(ii)(A) or 
(iv)(A), respectively. Upon changing the method of compliance with 
paragraph (e) from paragraph (e)(1)(ii) to paragraph (e)(1)(i) or 
paragraph (e)(2) of this section, the owner or operator shall comply 
with all requirements of paragraph (e)(6)(ii) or (iv), respectively.
    (iv) Any operator or owner of a coating line subject to the 
limitations of paragraph (e)(2) of this section and complying by means 
of paragraph (e)(2)(ii), (iii), (iv), (v), (vi) or (vii) of this section 
shall comply with the following:
    (A) By July 1, 1991, or upon initial start-up of a new coating line, 
or upon changing the method of compliance for an existing coating line 
from paragraph (e)(1) (i) or (ii) to paragraph (e)(2) of this section; 
the owner or operator of the subject coating line shall perform all 
tests and submit to the Administrator the results of all tests and 
calculations necessary to demonstrate that the subject coating line will 
be in compliance with paragraph (e)(2) of this section on and after July 
1, 1991, or on and after the initial start-up date.
    (B) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a coating line subject to the limitations 
of paragraph (e)(2) of this section and complying by means of paragraph 
(e)(2) (ii), (iii), (iv),

[[Page 331]]

(v), (vi) or (vii) of this section shall collect and record all of the 
following information each day for each coating line and maintain the 
information at the facility for a period of three years:
    (1) The weight of VOM per volume of coating solids as applied each 
day on each coating line, if complying pursuant to paragraph 
(e)(2)(i)(B) of this section.
    (2) Control device monitoring data.
    (3) A log operating time for the capture system, control device, 
monitoring equipment and the associated coating line.
    (4) A maintenance log for the capture system, control device and 
monitoring equipment detailing all routine and non-routine maintenance 
performed including dates and duration of any outages.
    (C) On and after July 1, 1991, the owner or operator of a subject 
coating line shall notify the Administrator in the following instances:
    (1) Any record showing violation of paragraph (e)(2) of this section 
shall be reported by sending a copy of such record to the Administrator 
within 30 days following the occurrence of the violation.
    (2) At least 30 calendar days before changing the method of 
compliance with paragraph (e) from paragraph (e)(2) to paragraph 
(e)(1)(i) or paragraph (e)(1)(ii) of this section, the owner or operator 
shall comply with all requirements of paragraph (e)(6)(ii)(A) or 
(iii)(A) of this section, respectively. Upon changing the method of 
compliance with paragraph (e) from paragraph (e)(2) to paragraph 
(e)(1)(i) or paragraph (e)(1)(ii) of this section, the owner or operator 
shall comply with all requirements of paragraph (e)(6)(ii) or (iii) of 
this section, respectively.
    (7) Compliance schedule for diesel electric locomotive coatings. 
Notwithstanding any other provision of this subpart, the compliance date 
for the emission limitations and standards for ``topcoat'' and ``final 
repair coat'' operations only as applied to General Motors Corporation 
at their diesel electric locomotive coating lines in Cook County, 
Illinois, codified at 40 CFR 52.741(e)(1)(i)(M) (2) and (3) is specified 
in this paragraph (e)(7). Compliance with the requirements of paragraph 
(e)(1), (e)(2) or (e)(3) of this section and paragraph (e)(6) of this 
section must be in accordance with the appropriate compliance schedule 
as specified in paragraph (e)(7)(i),(ii),(iii), or (iv) of this section.
    (i) No owner or operator of a coating line which is exempt from the 
limitations of paragraph (e)(1) of this section because of the criteria 
in paragraph (e)(3)(i) of this section shall operate said coating line 
on or after March 25, 1995, unless the owner or operator has complied 
with, and continues to comply with, paragraph (e)(6)(i) of this section.
    (ii) No owner or operator of a coating line complying by means of 
paragraph (e)(1)(i) of this section shall operate said coating line on 
or after March 25, 1995, unless the owner or operator has complied with, 
and continues to comply with, paragraph (e)(1)(i) and (e)(6)(ii) of this 
section.
    (iii) No owner or operator of a coating line complying by means of 
paragraph (e)(1)(ii) of this section shall operate said coating line on 
or after March 25, 1995, unless the owner or operator has complied with, 
and continues to comply with, paragraphs (e)(1)(ii) and (e)(6)(iii) of 
this section.
    (iv) No owner or operator of a coating line complying by means of 
paragraph (e)(2) of this section shall operate said coating line on or 
after March 25, 1995, unless the owner or operator has complied with, 
and continues to comply with, paragraphs (e)(2) and (e)(6)(iv) of this 
section.
    (8) The control requirements in this paragraph apply to the wood 
coating line, which coats wooden globe stand components, at Replogle 
Globes, Inc. (Replogle) Broadview facility in Cook County, Illinois, 
instead of the control requirements in paragraphs (e)(1) and (e)(2) of 
this section. Compliance with this paragraph must be demonstrated 
through the applicable coating analysis test methods and procedures 
specified in paragraph (a)(4)(i) of this section.
    (i) After October 6, 1991, no coatings shall at any time be applied 
which exceed the following emission limitations for the specified 
coating.
    (A) 6.59 pounds (lbs) Volatile Organic Material (VOM) per gallon of 
stain

[[Page 332]]

(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied to coat wooden globe stand components. 
Such stain consists of #9250 Walnut NGR Stain (RGI #W06000100), #9974 
Cherry NGR Stain (RGI #W06003500) and #9943 Ash NGR Stain (RGI 
#W06003600). The Administrator must be notified at least ten (10) days 
prior to the use of any replacement stains.
    (B) 5.53 lbs VOM per gallon of Sanding Sealer (minus water and any 
compounds which are specifically exempted from the definition of VOM) as 
applied to coat wooden globe stand components. Such sealer consists of 
#15304 High Build Sanding Sealer (RGI #W06003700). The Administrator 
must be notified at least ten (10) days prior to the use of any 
replacement sanding sealer.
    (C) 5.20 lbs VOM per gallon of lacquer (minus water and any 
compounds which are specifically exempted from the definition of VOM) as 
applied to coat wooden globe stand components. Such lacquer consists of 
#15352 High Build Lacquer (RGI #W06003300). The Administrator shall be 
notified at least ten (10) days prior to the use of any replacement 
lacquer.
    (ii) After October 6, 1991, the volume of coatings used shall not 
exceed the following:
    (A) 5,000 gallons per year total for all coatings specified in 
paragraph (e)(8)(i)(A) of this section. The yearly volume of coatings 
used are to be calculated as follows:
    (1) Compute the volume of specified coating used each month by the 
15th of the following month.
    (2) By the 15th of each month, add the monthly coating use for the 
12 previous months (to obtain the yearly volume of coatings used).
    (B) 4,000 gallons per year total for all coatings specified in 
paragraph (e)(8)(i)(B) of this section. The yearly volume of the 
coatings used are to be calculated as specified in paragraphs 
(e)(8)(ii)(A)(1) and (e)(8)(ii)(A)(2) of this section.
    (C) 5,000 gallons per year total for all coatings specified in 
paragraph (e)(8)(i)(C) of this section. The yearly volume of coatings 
used are to be calculated as specified in paragraphs (e)(8)(ii)(A)(1) 
and (e)(8)(ii)(A)(2) of this section.
    (iii) Beginning on October 6, 1991, the owner and operator of the 
Replogle Globes, Inc. plant in Broadview, Illinois shall keep the 
following records for each month. All records shall be retained at 
Replogle Globes, Inc. for three (3) years and shall be made available to 
the Administrator on request.
    (A) the name and identification number of each coating as applied on 
any wood coating line.
    (B) The weight of VOM per volume (determined in accordance with the 
procedures in paragraph (a)(4)(i) of this section) and the volume of 
each coating (minus water and any compounds which are specifically 
exempted from the definition of VOM) as applied each month on any wood 
coating line.
    (9) [Reserved]
    (10) Until December 31, 1996, the control and recordkeeping 
requirements in this paragraph apply to the three solvent-based 
polyester paper coating lines (Lines C, D and E) at Riverside 
Laboratories' Kane County, Illinois facility, instead of the control 
requirements in paragraphs (e)(1) and (e)(2) of this section and the 
recordkeeping requirements in paragraph (e)(6) of this section. 
Compliance with this paragraph must be demonstrated through the 
applicable coating analysis test methods and procedures specified in 
paragraph (a)(4)(i) of this section. The requirements in paragraphs 
(e)(1), (e)(2), and (e)(6) of this section shall apply to Riverside on 
and after December 31, 1996.
    (i) After December 21, 1995, no coatings shall at any time be 
applied on Lines C, D or E which exceed 3.5 pounds (lbs.) volatile 
organic material (VOM) per gallon of coating (minus water and any 
compounds which are specifically exempted from the definition of VOM), 
except as provided in paragraph (e)(10)(ii) of this section.
    (ii) After December 21, 1995, the following specifically identified 
coatings may exceed 3.5 lbs. VOM per gallon of coating (minus water and 
any compounds which are specifically exempted from the definition of 
VOM) only if they are applied on Line E and they do not exceed the 
limits indicated below (minus water and any compounds

[[Page 333]]

which are specifically exempted from the definition of VOM):

EXP-5027--4.34 lbs./gallon
PD 75 CLR--4.19 lbs./gallon
PD 75 BRN--4.18 lbs./gallon
SQZ-54--3.88 lbs./gallon
SPX-34GL--3.51 lbs./gallon

    (iii) That portion of Riverside's polyester production which is 
manufactured with the use of any VOC, from Lines C, D, and E, may not 
exceed the following levels: 35 million square feet per year during and 
after 1992, 29 million square feet per year during and after 1994, and 
25 million square feet during 1996. Compliance with this requirement 
shall be determined by adding the polyester production from any 12 
consecutive months during and after the years indicated, through 1996. 
That is, the polyester production for any 12 consecutive months starting 
with January 1992 cannot exceed 35 million square feet; the polyester 
production from any 12 consecutive months starting with January 1994 
cannot exceed 29 million square feet; and the polyester production for 
the twelve months from January through December 1996 cannot exceed 25 
million square feet. Only those square feet of polyester whose 
production involves the use of VOC need to be restricted by the 
production levels in this paragraph (e)(10)(iii) of this section.
    (iv) By December 21, 1995, Riverside shall certify to the 
Administrator that its polyester coating operations will be in 
compliance with paragraphs (e)(10)(i), (e)(10)(ii), and (e)(10)(iii) of 
this section. Such certification shall include the following:
    (A) The name and identification number of each coating as applied on 
coating lines C, D and E.
    (B) The weight of VOM per volume of each coating (minus water and 
any compounds which are specifically exempted from the definition of 
VOM) as applied on each coating line.
    (v) The Administrator must be notified at least 10 days prior to the 
use of any polyester coating not previously identified pursuant to 
paragraph (e)(10)(iv) of this section. This notification must include 
the information specified in paragraphs (e)(10)(iv)(A) and 
(e)(10)(iv)(B) of this section.
    (vi) On and after December 21, 1995, Riverside shall collect and 
record all of the following information each day for each coating and 
maintain the information at the facility for a period of 3 years:
    (A) The name and identification number of each coating as applied.
    (B) The weight of VOM per volume of each coating (minus water and 
any compounds which are specifically exempted from the definition of 
VOM) as applied each day.
    (C) Any record showing a VOM content in excess of the emission 
limits in paragraph (e)(10)(i) or (e)(10)(ii) of this section shall be 
reported by sending a copy of such record to the Administrator within 30 
days following its collection.
    (D) Any VOM besides acetone used in any coating must be identified.
    (vii) Starting with the first full month after December 21, 1995, 
Riverside shall collect and record the figures on polyester production 
(in square feet), for each month and maintain the information at the 
facility for a period of at least 3 years.
    (viii) Regardless of any other provision of paragraph (e)(10) of 
this section, after August 21, 1995 no coating which contains any VOM 
other than acetone shall at any time be applied on Line C, D, or E which 
exceeds 2.9 lbs. VOM per gallon of coating (minus water and any 
compounds which are specifically exempted from the definition of VOM).
    (f)--(g) [Reserved]
    (h) Printing and publishing--(1) Flexographic and rotogravure 
printing. (i) No owner or operator of a subject flexographic, packaging 
rotogravure or publication rotogravure printing line shall apply at any 
time any coating or ink unless the VOM content does not exceed the 
limitation specified in either paragraph (h)(1)(i)(A) or (B) of this 
section. Compliance with this paragraph must be demonstrated through the 
applicable coating or ink analysis test methods and procedures specified 
in paragraph (a)(4)(i) of this section and the recordkeeping and 
reporting requirements specified in paragraph (h)(4)(ii) of this 
section. As an alternative to compliance with paragraph (h)(1)(i) of 
this section, a subject printing line may meet the requirements of

[[Page 334]]

paragraph (h)(1)(ii) or (iii) of this section.
    (A) Forty percent VOM by volume of the coating and ink (minus water 
and any compounds which are specifically exempted from the definition of 
VOM), or
    (B) Twenty-five percent VOM by volume of the volatile content in the 
coating and ink.
    (ii) No owner or operator of a subject flexographic, packaging 
rotogravure or publication rotogravure printing line shall apply 
coatings or inks on the subject printing line unless the weighted 
average, by volume, VOM content of all coatings and inks as applied each 
day on the subject printing line does not exceed the limitation 
specified in either paragraph (h)(1)(i)(A) (as determined by paragraph 
(h)(1)(ii)(A) or (h)(1)(i)(B) (as determined by paragraph (h)(1)(ii)(B) 
of this section. Compliance with this paragraph must be demonstrated 
through the applicable coating or ink analysis test methods and 
procedures specified in paragraph (a)(4)(i) of this section and the 
recordkeeping and reporting requirements specified in paragraph 
(h)(4)(iii) of this section.
    (A) The following equation shall be used to determine if the 
weighted average VOM content of all coatings and inks as applied each 
day on the subject printing line exceeds the limitation specified in 
paragraph (h)(1)(i)(A) of this section.

                    n                                                   
                     CiLi(Vsi+VVOMi)                           
                   i=1                                                  
VOM(i)(A) =......  --------------------                                 
                    n                                                   
                     Li(Vsi+VVOMi)                             
                   i=1                                                  
                                                                        

where:

VOM(i)(A)=The weighted average VOM content in units of percent VOM 
          by volume of all coatings and inks (minus water and any 
          compounds which are specifically exempted from the definition 
          of VOM) used each day,
i=Subscript denoting a specific coating or ink as applied,
n=The number of different coatings and/or inks as applied each day on a 
          printing line,
Ci=The VOM content in units of percent VOM by volume of each 
          coating or ink as applied (minus water and any compounds which 
          are specifically exempted from the defintion of VOM),
Li=The liquid volume of each coating or ink as applied in units of 
          l (gal),
Vsi=The volume fraction of solids in each coating or ink as 
          applied, and
VVOMi=The volume fraction of VOM in each coating or ink as applied.

    (B) The following equation shall be used to determine if the 
weighted average VOM content of all coatings and inks as applied each 
day on the subject printing line exceeds the limitation specified in 
paragraph (h)(1)(i)(B) of this section.

                                      n                                 
                                                                        
                                          CiLiVVMi             
                                                                        
                                      i=1                               
                                                                        
VOM(i)(B)                          =  --------                          
                                                                        
                                      n                                 
                                                                        
                                          LiVVMi               
                                                                        
                                      i=1                               
                                                                        

where:
    VOM(i)(B)=The weighted average VOM content in units of percent 
VOM by volume of the volatile content of all coatings and inks used each 
day,
    i=Subscript denoting a specific coating or ink as applied,
    n=The number of different coatings and/or inks as applied each day 
on each printing line,
    Ci=The VOM content in units of percent VOM by volume of the 
volatile matter in each coating or ink as applied,
    Li=The liquid volume of each coating or ink as applied in units 
of l (gal), and
    VVMi=The volume fraction of volatile matter in each coating or 
ink as applied.

    (iii) No owner or operator of a subject flexographic, packaging 
rotogravure or publication rotogravure printing line equipped with a 
capture system and control device shall operate the subject printing 
line unless the owner or operator meets the requirements in paragraph 
(h)(1)(iii) (A), (B) or (C) and paragraphs (h)(1)(iii) (D), (E) and (F) 
of this section.
    (A) A carbon adsorption system is used which reduces the captured 
VOM emissions by at least 90 percent by weight, or
    (B) An incineration system is used which reduces the captured VOM 
emissions by at least 90 percent by weight, or

[[Page 335]]

    (C) An alternative VOM emission reduction system is demonstrated to 
have at least a 90 percent control device efficiency and the alternative 
emission reduction system is approved by the Administrator as a SIP or 
FIP revisions, and
    (D) The printing line is equipped with a capture system and control 
device that provides an overall reduction in VOM emissions of at least:
    (1) 75 percent where a publication rotogravure printing line is 
employed, or
    (2) 65 percent where a packaging rotogravure printing line is 
employed, or
    (3) 60 percent where a flexographic printing line is employed, and
    (E) The control device is equipped with the applicable monitoring 
equipment specified in paragraph (a)(4)(iv)(B) of this section and the 
monitoring equipment is installed, calibrated, operated and maintained 
according to vendor specifications at all times the control device is in 
use, and
    (F) The capture system and control device are operated at all times 
when the subject printing line is in operation. The owner or operator 
shall demonstrate compliance with this paragraph by using the applicable 
capture system and control device test methods and procedures specified 
in paragraphs (a)(4) (iii) through (vi) of this section and by complying 
with the recordkeeping and reporting requirements specified in paragraph 
(h)(4)(iv) of this section.
    (2) Applicability. (i) The limitations of paragraph (h)(1) of this 
section apply to all flexographic and rotogravure printing lines at a 
subject facility. All facilities with flexographic and/or rotogravure 
printing lines are subject facilities unless:
    (A) Total maximum theoretical emissions of VOM from all flexographic 
and rotogravure printing line(s) at the facility never exceed 90.7 Mg 
(100 tons) per calendar year before the application of capture systems 
and control devices, or
    (B) A federally enforceable construction permit or SIP or FIP 
revision for all flexographic and rotogravure printing line(s) at a 
facility requires the owner or operator to limit production or capacity 
of these printing line(s) to reduce total VOM emissions from all 
flexographic and rotogravure printing line(s) to 90.7 Mg (100 tons) or 
less per calendar year before the application of capture systems and 
control devices.
    (ii) Upon achieving compliance with paragraph (h) of this section, 
the emission source is not required to meet subpart K (sections 215.301 
or 215.302) of 35 Ill. Adm. Code 215 (incorporated by reference as 
specified in 40 CFR 52.742). Emission sources exempt from paragraph (h) 
of this section are subject to subpart K (sections 215.301 or 215.302). 
Rotogravure or flexographic equipment used for both roll printing and 
paper coating are subject to paragraph (h) of this section.
    (iii) Once subject to the limitations of paragraph (h)(1) of this 
section, a flexographic or rotogravure printing line is always subject 
to the limitations of paragraph (h)(1) of this section.
    (iv) Any owner or operator of any flexographic or rotogravure 
printing line that is exempt from the limitations of paragraph (h)(1) of 
this section because of the criteria in paragraph (h)(2) of this section 
is subject to the recordkeeping and reporting requirements specified in 
paragraph (h)(4)(i) of this section.
    (3) Compliance schedule. Every owner or operator of a flexographic 
and/or rotogravure printing line shall comply with the applicable 
requirements of paragraph (h)(1) of this section and paragraph (h)(4) of 
this section in accordance with the applicable compliance schedule 
specified in paragraph (h)(3) (i), (ii), (iii) or (iv) of this section.
    (i) No owner or operator of a flexographic or rotogravure printing 
line which is exempt from the limitations of paragraph (h)(1) of this 
section because the criteria in paragraph (h)(2) of this section shall 
operate said printing line on or after July 1, 1991, unless the owner or 
operator has complied with, and continues to comply with, paragraph 
(h)(4)(i) of this section.
    (ii) No owner or operator of a flexographic or rotogravure printing 
line complying by means of paragraph (h)(1)(i) of this section shall 
operate said printing line on or after July 1, 1991, unless the owner or 
operator has

[[Page 336]]

complied with, and continues to comply with, paragraphs (h)(1)(i) and 
(h)(4)(ii) of this section.
    (iii) No owner or operator of a flexographic or rotogravure printing 
line complying by means of paragraph (h)(1)(ii) of this section shall 
operate said printing line on or after July 1, 1991, unless the owner or 
operator has complied with, and continues to comply with, paragraphs 
(h)(1)(ii) and (h)(4)(iii) of this section.
    (iv) No owner or operator of a flexographic or rotogravure printing 
line complying by means of paragraph (h)(1)(iii) of this section shall 
operate said printing line on or after July 1, 1991, unless the owner or 
operator has complied with, and continues to comply with, paragraphs 
(h)(1)(iii) and (h)(4)(iv) of this section.
    (4) Recordkeeping and reporting. The VOM content of each coating and 
ink and the efficiency of each capture system and control device shall 
be determined by the applicable test methods and procedures specified in 
paragraph (a)(4) of this section to establish the records required under 
paragraph (h)(4) of this section.
    (i) Any owner or operator of a printing line which is exempted from 
the limitations of paragraph (h)(1) of this section because of the 
criteria in paragraph (h)(2) of this section shall comply with the 
following:
    (A) By July 1, 1991, the owner or operator of a facility to which 
paragraph (h)(4)(i) of this section is applicable shall certify to the 
Administrator that the facility is exempt under the provisions of 
paragraph (h)(2) of this section. Such certification shall include:
    (1) A declaration that the facility is exempt from the limitations 
of the criteria in paragraph (h)(1) of this section because of paragraph 
(h)(2) of this section, and
    (2) Calculations which demonstrate that total maximum theoretical 
emissions of VOM from all flexographic and rotogravure printing lines at 
the facility never exceed 90.7 Mg (100 tons) per calendar year before 
the application of capture systems and control devices. Total maximum 
theoretical emissions of VOM for a flexograhpic or rotogravure printing 
facility is the sum of maximum theoretical emissions of VOM from each 
flexographic and rotogravure printing line at the facility. The 
following equation shall be used to calculate total maximum theoretical 
emissions of VOM per calendar year before the application of capture 
systems and control devices for each flexographic and rotogravure 
printing line at the facility:

                              Ep=A x B

where:
    Ep=Total maximum theoretical emissions of VOM from one 
flexographic or rotogravure printing line in units of kg/year (lbs/
year),
    A=Weight of VOM per volume of solids of the coating or ink with the 
highest VOM content as applied each year on the printing line in units 
of kg VOM/l (lbs VOM/gal) of coating or ink solids, and
    B=Total volume of solids for all coatings and inks that can 
potentially be applied each year on the printing line in units of l/year 
(gal/year). The instrument and/or method by which the owner or operator 
accurately measured or calculated the volume of each coating and ink as 
applied and the amount that can potentially be applied each year on the 
printing line shall be described in the certification to the 
Administrator.

    (B) On and after July 1, 1991, the owner or operator of a facility 
referenced in paragraph (h)(4)(i) of this section shall collect and 
record all of the following information each year for each printing line 
and maintain the information at the facility for a period of three 
years:
    (1) The name and identification number of each coating and ink as 
applied on each printing line.
    (2) The VOM content and the volume of each coating and ink as 
applied each year on each printing line.
    (C) On and after July 1, 1991, the owner or operator of a facility 
exempted from the limitations of paragraph (h)(1) of this section 
because of the criteria in paragraph (h)(2) of this section shall notify 
the Administrator of any record showing that total maximum theoretical 
emissions of VOM from all printing lines exceed 90.7 Mg (100 tons) in 
any calendar year before the application of capture systems and control 
devices, shall be reported by sending a copy of such record to the 
Administrator within 30 days after the exceedance occurs.

[[Page 337]]

    (ii) Any owner or operator of a printing line subject to the 
limitations of paragraph (h)(1) of this section and complying by means 
of paragraph (h)(1)(i) of this section shall comply with the following:
    (A) By July 1, 1991, or upon initial start-up of a new printing 
line, or upon changing the method of compliance from an existing subject 
printing line from paragraph (h)(1) (ii) or (iii) of this section to 
paragraph (h)(1)(i) of this section, the owner or operator of a subject 
printing line shall certify to the Administrator that the printing line 
will be in compliance with paragraph (h)(1)(i) of this section on and 
after July 1, 1991, or on and after the initial start-up date. Such 
certification shall include:
    (1) The name and identification number of each coating and ink as 
applied on each printing line.
    (2) The VOM content of each coating and ink as applied each day on 
each printing line.
    (B) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a printing line subject to the 
limitations of paragraph (h)(1) of this section and complying by means 
of paragraph (h)(1)(i) of this section shall collect and record all of 
the following information each day for each coating line and maintain 
the information at the facility for a period of three years:
    (1) The name and identification number of each coating and ink as 
applied on each printing line.
    (2) The VOM content of each coating and ink as applied each day on 
each printing line.
    (C) On and after July 1, 1991, the owner or operator of a subject 
printing line shall notify the Administrator in the following instances:
    (1) Any record showing violation of paragraph (h)(1)(i) of this 
section shall be reported by sending a copy of such record to the 
Administrator within 30 days following the occurrence of the violation.
    (2) At least 30 calendar days before changing the method of 
compliance with paragraph (h)(1) of this section from paragraph 
(h)(1)(i) of this section to paragraph (h)(1) (ii) or (iii) of this 
section, the owner or operator shall comply with all requirements of 
paragraph (h)(4) (iii)(A) or (iv)(A) of this section respectively. Upon 
changing the method of compliance with paragraph (h)(1) from paragraph 
(h)(1)(i) to paragraph (h)(1) (ii) or (iii) of this section, the owner 
or operator shall comply with all requirements of paragraph (h)(4) (iii) 
or (iv) of this section, respectively.
    (iii) Any owner or operator of a printing line subject to the 
limitations of paragraph (h)(1) of this section and complying by means 
of paragraph (h)(1)(ii) of this section shall comply with the following:
    (A) By July 1, 1991, or upon initial start-up of a new printing 
line, or upon changing the method of compliance for an existing subject 
printing line from paragraph (h)(1) (i) or (iii) of this section to 
paragraph (h)(1)(ii) of this section, the owner or operator of the 
subject printing line shall certify to the Administrator that the 
printing line will be in compliance with paragraph (h)(1)(ii) of this 
section on and after July 1, 1991, or on and after the initial start-up 
date. Such certification shall include:
    (1) The name and identification number of each printing line which 
will comply by means of paragraph (h)(1)(ii) of this section.
    (2) The name and identification number of each coating and ink 
available for use on each printing line.
    (3) The VOM content of each coating and ink as applied each day on 
each printing line.
    (4) The instrument or method by which the owner or operator will 
accurately measure or calculate the volume of each coating and ink as 
applied each day on each printing line.
    (5) The method by which the owner or operator will create and 
maintain records each day as required in paragraph (h)(4)(iii)(B) of 
this section.
    (6) An example of the format in which the records required in 
paragraph (h)(4)(iii)(B) of this section will be kept.
    (B) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a printing line subject to the 
limitations of paragraph (h)(1) of this section and complying by means 
of paragraph (h)(1)(ii) of this

[[Page 338]]

section shall collecting line and maintain the information at the 
facility for a period of three years:
    (1) The name and identification number of each coating and ink as 
applied on each printing line.
    (2) The VOM content and the volume of each coating and ink as 
applied each day on each printing line.
    (3) The daily-weighted average VOM content of all coatings and inks 
as applied on each printing line.
    (C) On and after July 1, 1991, the owner or operator of a subject 
printing line shall notify the Administrator in the following instances:
    (1) Any record showing violation of paragraph (h)(1)(ii) of this 
section shall be reported by sending a copy of such record to the 
Administrator within 30 days following the occurrence of the violation.
    (2) At least 30 calendar days before changing the method of 
compliance with paragraph (h)(1) of this section from paragraph 
(h)(1)(ii) to paragraph (h)(1)(i) or (iii) of this section, the owner or 
operator shall comply with all requirements of paragraph (h)(4)(ii)(A) 
or (iv)(A), respectively. Upon changing the method of compliance with 
paragraph (h)(1) from paragraph (h)(1)(ii) to paragraph (h)(1)(i) or 
(iii), the owner or operator shall comply with all requirements of 
paragraph (h)(4)(ii) or (iv) of this section, respectively.
    (iv) Any owner or operator of a printing line subject to the 
limitations of paragraph (h)(1) of this section and complying by means 
of paragraph (h)(1)(iii) of this section shall comply with the 
following:
    (A) By July 1, 1991, or upon initial start-up of a new printing 
line, or upon changing the method of compliance for an existing printing 
line from paragraph (h)(1)(i) or (ii) of this section to paragraph 
(h)(1)(iii) of this section, the owner or operator of the subject 
printing line shall perform all tests and submit to the Administrator 
the results of all tests and calculations necessary to demonstrate that 
the subject printing line will be in compliance with paragraph 
(h)(1)(iii) of this section on and after July 1, 1991, or on and after 
the initial start-up date.
    (B) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a printing line subject to the 
limitations of paragraph (h)(1) of this section and complying by means 
of paragraph (h)(1)(iii) of this section shall collect and record all of 
the following information each day for each printing line and maintain 
the information at the facility for a period of three years:
    (1) Control device monitoring data.
    (2) A log of operating time for the capture system, control device, 
monitoring equipment and the associated printing line.
    (3) A maintenance log for the capture system, control device and 
monitoring equipment detailing all routine and non-routine maintenance 
performed including dates and duration of any outages.
    (C) On and after July 1, 1991, the owner or operator of a subject 
printing line shall notify the Administration in the following 
instances:
    (1) Any record showing violation of paragraph (h)(1)(iii) of this 
section shall be reported by sending a copy of such record to the 
Administrator within 30 days following the occurrence of the violation.
    (2) At least 30 calendar days before changing the method of 
compliance with paragraph (h)(1) from paragraph (h)(1)(iii) to paragraph 
(h)(1) (i) or (ii), the owner or operator shall comply with all 
requirements of paragraph (h)(4) (ii)(A) or (iii)(A) of this section, 
respectively. Upon changing the method of compliance with paragraph 
(h)(1) from paragraph (h)(1)(iii) to paragraph (h)(1) (i) or (ii) of 
this section, the owner or operator shall comply with all requirements 
of paragraph (h)(4) (ii) or (iii) of this section, respectively.
    (5) Heatset-web-offset lithographic printing--(i) Applicability. (A) 
The limitations of paragraph (h)(5)(ii) of this section apply to all 
heatset-web-offset lithographic printing lines at a subject facility. 
All facilities with heatset-web-offset lithographic printing lines are 
subject facilities unless:
    (1) Total maximum theoretical emissions of VOM from all heatset-web-
offset lithographic printing lines at the facility never exceed 90.7 Mg 
(100 tons)

[[Page 339]]

per calendar year in the absence of air pollution control equipment, or
    (2) A federally enforceable construction permit or SIP or FIP 
revision for all heatset-web-offset lithographic printing line(s) at a 
facility requires the owner or operator to limit production or capacity 
of these printing line(s) to reduce total VOM emissions from all 
heatset-web-offset lithographic printing line(s) to 90.7 Mg (100 tons) 
per calendar year or less in the absence of air pollution control 
equipment, and
    (B) Any owner or operator of any heatset-web-offset lithographic 
printing line that is exempt from the limitations in paragraph 
(h)(5)(ii) of this section because of the criteria in paragraph 
(h)(5)(i)(A) of this section shall be subject to the recordkeeping and 
reporting requirements in paragraph (h)(5)(iii)(A) of this section.
    (ii) Specific provisions. No owner or operator of a subject heatset-
web-offset printing line may cause or allow the operation of the subject 
heatset-web-offset printing line unless the owner or operator meets the 
requirements in paragraph (h)(5)(ii) (A) or (B) of this section and the 
requirements in paragraphs (h)(5)(ii) (C) and (D) of this section.
    (A) An afterburner system is installed and operated that reduces 90 
percent of the VOM emissions from the dryer exhaust, or
    (B) The fountain solution contains no more than 8 percent, by 
weight, of VOM and a condensation recovery system is installed and 
operated that removes at least 75 percent of the non-isopropyl alcohol 
organic materials from the dryer exhaust, and
    (C) The control device is equipped with the applicable monitoring 
equipment specified in paragraph (a)(4)(iv)(B) of this section and the 
monitoring equipment is installed, calibrated, operated and maintained 
according to vendor specifications at all times the control device is in 
use, and
    (D) The control device is operated at all times when the subject 
printing line is in operation. The owner or operator shall demonstrate 
compliance with paragraph (h)(5) of this section by using the applicable 
test methods and procedures specified in paragraphs (a)(4) (i), (iv), 
and (vi) of this section and by complying with the recordkeeping and 
reporting requirements specified in paragraph (h)(5)(iii) of this 
section.
    (iii) Recordkeeping and reporting. The VOM content of each fountain 
solution and ink and the efficiency of each control device shall be 
determined by the applicable test methods and procedures specified in 
paragraph (a)(4) of this section to establish the records required under 
paragraph (h)(5)(iii) of this section.
    (A) Any owner or operator of a printing line which is exempted from 
the limitations of paragraph (h)(5)(ii) of this section because of the 
criteria in paragraph (h)(5)(i) of this section shall comply with the 
following:
    (1) By July 1, 1991, the owner or operator of a facility to which 
paragraph (h)(5)(iii)(A) of this section is applicable shall certify to 
the Administrator that the facility is exempt under the provisions of 
paragraph (h)(5)(i) of this section. Such certification shall include:
    (i) A declaration that the facility is exempt from the limitations 
of paragraph (h)(5)(ii) of this section because of the criteria in 
paragraph (h)(5)(i) of this section, and
    (ii) Calculations which demonstrate that total maximum theoretical 
emissions of VOM from all heatset-web-offset lithographic printing lines 
at the facility never exceed 90.7 Mg (100 tons) per calendar year before 
the application of air pollution control equipment. Total maximum 
theoretical emissions of VOM for a heatset-web-offset lithographic 
printing facility is the sum of maximum theoretical emissions of VOM 
from each heatset-web-offset lithographic printing line at the facility. 
The following equation shall be used to calculate total maximum 
theoretical emissions of VOM per calendar year in the absence of air 
pollution control equipment for each heatset-web-offset lithographic 
printing line at the facility.

                                                                                                                
                                                                     (C x D)                                    
                                                  Ep  =  (A x B)  + ---------                                   
                                                                       100                                      
                                                                                                                

where


[[Page 340]]


Ep=Total maximum theoretical emissions of VOM from one heatset-web-
          offset printing line in units of kg/year (lbs/year),
A=Weight of VOM per volume of solids of ink with the highest VOM content 
          as applied each year on the printing line in units of kg VOM/l 
          (lbs VOM/gal) of solids, and
B=Total volume of solids for all inks that can potentially be applied 
          each year on the printing line in units of l/year (gal/year). 
          The instrument or method by which the owner or operator 
          accurately measured or calculated the volume of each ink as 
          applied and the amount that can potentially be applied each 
          year on the printing line shall be described in the 
          certification to the Administrator.
C=The weight percent VOM of the fountain solution with the highest VOM 
          content.
D=The total volume of fountain solution that can potentially be used 
          each year on the printing line in units of l/year (gal/year). 
          The instrument and/or method by which the owner or operator 
          accurately measured or calculated the volume of each fountain 
          solution used and the amount that can potentially be used each 
          year on the printing line shall be described in the 
          certification to the Administrator.

    (2) On and after July 1, 1991, the owner or operator of a facility 
to which paragraph (h)(5)(iii)(A) of this section is applicable shall 
collect and record all of the following information each year for each 
printing line and maintain the information at the facility for a period 
of three years:
    (i) The name and identification of each fountain solution and ink as 
applied on each printing line.
    (ii) The VOM content and the volume of each fountain solution and 
ink as applied each year on each printing line.
    (3) On and after July 1, 1991, the owner or operator of a facility 
exempted from the limitations of paragraph (h)(5)(ii) of this section 
because of the criteria in paragraph (h)(5)(i) of this section shall 
notify the Administrator of any record showing that total maximum 
theoretical emissions of VOM from all printing lines exceed 90.7 Mg (100 
tons) in any calendar year in the absence of air pollution control 
equipment shall be reported by sending a copy of such record to the 
Administrator within 30 days after the exceedance occurs.
    (B) Any owner or operator of a printing line subject to the 
limitations of paragraph (h)(5)(ii) of this section and complying by 
means of paragraph (h)(5)(ii)(A) of this section shall comply with the 
following:
    (1) By July 1, 1991, or upon initial start-up of a new printing 
line, or upon changing the method of compliance for an existing printing 
line from paragraph (h)(5) (ii)(B) to (ii)(A) of this section, the owner 
or operator of the subject printing line shall perform all tests and 
submit to the Administrator the results of all tests and calculations 
necessary to demonstrate that the subject printing line will be in 
compliance with paragraph (h)(5)(ii)(A) of this section on and after 
July 1, 1991, or on and after the initial start-up date.
    (2) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a printing line subject to the 
limitations of paragraph (h)(5)(ii) of this section and complying by 
means of paragraph (h)(5)(ii)(A) of this section shall collect and 
record the following information each day for each printing line and 
maintain the information at the facility for a period of three years:
    (i) Control device monitoring data.
    (ii) A log of operating time for the control device, monitoring 
equipment and the associated printing line.
    (iii) A maintenance log for the control device and monitoring 
equipment detailing all routine and nonroutine maintenance performed 
including dates and duration of any outages.
    (3) On and after July 1, 1991, the owner or operator of a subject 
printing line shall notify the Administrator in the following instances:
    (i) Any record showing violation of paragraph (h)(5)(ii)(A) of this 
section shall be reported by sending a copy of such record to the 
Administrator within 30 days following the occurrence of the violation.
    (ii) At least 30 calendar days before changing the method of 
compliance with paragraph (h)(5)(ii) of this section from paragraph 
(h)(5) (ii)(A) to (ii)(B), the owner or operator shall comply with all 
requirements of paragraph (h)(5)(iii)(C)(1) of this section. Upon 
changing the method of compliance

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with paragraph (h)(5)(ii) from paragraph (h)(5) (ii)(A) to (ii)(B) of 
this section the owner or operator shall comply with all requirements of 
paragraph (h)(5)(iii)(C) of this section.
    (C) Any owner or operator of a printing line subject to the 
limitations of paragraph (h)(5)(ii) of this section and complying by 
means of paragraph (h)(5)(ii)(B) of this section shall comply with the 
following:
    (1) By July 1, 1991, or upon initial start-up of a new printing 
line, or upon changing the method of compliance for an existing printing 
line from paragraph (h)(5) (ii)(A) to (ii)(B) of this section, the owner 
or operator of the subject printing line shall perform all tests and 
submit to the Administrator the results of all tests and calculations 
necessary to demonstrate that the subject printing line will be in 
compliance with paragraph (h)(5)(ii)(B) of this section on and after 
July 1, 1991, or on and after the initial start-up date.
    (2) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a printing line subject to the 
limitations of paragraph (h)(5)(ii) of this section and complying by 
means of paragraph (h)(5)(ii)(B) of this section shall collect and 
record the following information each day for each printing line and 
maintain the information at the facility for a period of three years:
    (i) The VOM content of the fountain solution used each day on each 
printing line.
    (ii) A log of operating time for the control device and the 
associated printing line.
    (iii) A maintenance log for the control device detailing all routine 
and non-routine maintenance performed including dates and duration of 
any outages.
    (3) On and after July 1, 1991, the owner or operator of a subject 
printing line shall notify the Administrator in the following instances:
    (i) Any record showing violation of paragraph (h)(5)(ii)(B) of this 
section shall be reported by sending a copy of such record to the 
Administrator within 30 days following the occurrence of the violation.
    (ii) At least 30 calendar days before changing the method of 
compliance with paragraph (h)(5)(ii) of this section from paragraph 
(h)(5)(ii)(B) to (h)(5)(ii)(A) of this section, the owner or operator 
shall comply with all requirements of paragraph (h)(5)(iii)(B)(1) of 
this section. Upon changing the method of compliance with paragraph 
(h)(5)(ii) of this section from paragraph (h)(5)(ii)(B) to (h)(5)(ii)(A) 
of this section, the owner or operator shall comply with all 
requirements of paragraph (h)(5)(iii)(B) of this section.
    (iv) Compliance schedule. Every owner or operator of a heatset-web-
offset lithographic printing line shall comply with the applicable 
requirements of paragraphs (h)(5) (ii) and (iii) of this section in 
accordance with the applicable compliance schedule specified in 
paragraph (h)(5)(iv) (A), (B) or (C) of this section.
    (A) No owner or operator of a heatset-web-offset lithographic 
printing line which is exempt from the limitations of paragraph 
(h)(5)(ii) of this section because of the criteria in paragraph 
(h)(5)(i) of this section shall operate said printing line on or after 
July 1, 1991, unless the owner or operator has complied with, and 
continues to comply with, paragraphs (h)(5)(iii)(A) and (h)(5)(ii)(A) of 
this section.
    (B) No owner or operator of a heatset-web-offset lithographic 
printing line complying by means of paragraph (h)(5)(ii)(A) of this 
section shall operate said printing line on or after July 1, 1991, 
unless the owner or operator has complied with, and continues to comply 
with, paragraphs (h)(5)(iii)(B) and (h)(5)(ii)(B) of this section.
    (C) No owner or operator of a heatset-web-offset lithographic 
printing line complying by means of paragraph (h)(5)(ii)(B) of this 
section shall operate said printing line on or after July 1, 1991, 
unless the owner or operator has complied with, and continues to comply 
with, paragraph (h)(5)(iii)(C) of this section.
    (6) The control and recordkeeping and reporting requirements, as 
well as the test methods in this paragraph, apply to the rotogravure and 
flexographic presses at General Packaging

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Products, Inc.'s (GPP) plant in Chicago, Illinois, instead of the 
requirements in 40 CFR 52.741(h)(1) through 40 CFR 52.741(h)(5).
    (i) After July 1, 1992, no inks or other volatile organic material 
(VOM) containing materials shall at any time be applied or used which 
have a higher percent VOM by weight than the following:
    (A) 8 percent VOM by weight for waterbased inks as applied on GPP's 
presses.
    (B) 82 percent VOM by weight for solvent based inks as applied on 
GPP's presses.
    (C) 100 percent VOM by weight for all other VOM containing materials 
(besides inks) as used on GPP's presses.
    (ii) After July 1, 1992, the weight of ink and other VOM containing 
materials used shall not exceed the following:
    (A) 200,000 pounds per year total for all waterbased inks, as 
applied (including dilution material). The yearly weight of waterbased 
inks used is to be calculated according to the procedure in paragraph 
(h)(6)(iii) of this section.
    (B) 100,008 pounds per year total for all solvent based inks, as 
applied (including dilution material). The yearly weight of solvent 
based inks used is to be calculated according to the procedure in 
paragraph (h)(6)(iii) of this section.
    (C) 100,000 pounds per year total (based upon the formulation of the 
material as it is used on the presses) for all other VOM containing 
materials (besides inks). The yearly weight of other VOM containing 
materials is to be calculated according to the procedure in paragraph 
(h)(6)(iii) of this section.
    (iii) The yearly weight of ink/material used is to be calculated as 
follows:
    (A) Compute the weight of ink/material used each month by the 15th 
of the following month.
    (B) By the 15th of each month, add the monthly ink/material usage 
for the 12 previous months (to obtain the yearly weight of ink/material 
used).
    (iv) Beginning on July 1, 1992, the owner and operator of GPP's 
plant in Chicago, Illinois, shall keep the following records for each 
month. All records shall be retained at GPP for 3 years and shall be 
made available to the Administrator on request:
    (A) The name and identification number of each waterbased ink, each 
solvent based ink, and each other VOM containing material as applied or 
used on any press.
    (B) The pounds of waterbased ink as applied on all presses for each 
month and the percent VOM by weight for each waterbased ink as applied 
on any press for each month.
    (C) The pounds of solvent based ink as applied on all presses for 
each month and the percent VOM by weight for each solvent based ink as 
applied on any press for each month.
    (D) The pounds of other (non-ink) VOM containing material used on 
all presses for each month and the percent VOM by weight for each (non-
ink) VOM containing material as used on any press for each month.
    (v) Any record showing a violation of paragraph (h)(6)(i) or 
(h)(6)(ii) of this section shall be reported by sending a copy of such 
record to the Administrator within 30 days of the violation.
    (vi) To determine compliance with paragraphs (h)(6)(i) and 
(h)(6)(ii) of this section and to establish the records required under 
paragraph (h)(6)(iv) of this section the percent VOM by weight of each 
ink and other VOM containing material shall be determined by the 
applicable test methods and procedures specified in paragraph (a)(4) of 
this section.
    (i) Leaks from synthetic organic chemical and polymer manufacturing 
equipment--(1) Inspection program for leaks. The owner or operator of a 
synthetic organic chemical or polymer manufacturing plant subject to 
paragraph (i) and subpart Q (sections 215.430, 215.431, 215.433, 
215.434, 215.435, and 215.437) of Ill. Adm. Code 215 (incorporated by 
reference as specified in 40 CFR 52.742) shall, for the purposes of 
detecting leaks, conduct a component inspection program using the test 
methods specified in Method 21, 40 CFR part 60, appendix A, consistent 
with the following provisions:
    (i) Test annually those components operated near extreme temperature 
or pressure such that they would be unsafe to routinely monitor and 
those components which would require the

[[Page 343]]

elevation of monitoring personnel higher than two meters above permanent 
worker access structures or surfaces.
    (ii) Test quarterly all other pressure relief valves in gas service, 
pumps in light liquid service, valves in light liquid service and in gas 
service, and compressors.
    (iii) If less than or equal to 2 percent of the valves in light 
liquid service and in gas service tested pursuant to paragraph 
(i)(1)(ii) of this section are found not to leak for five consecutive 
quarters, no leak tests shall be required for three consecutive 
quarters. Thereafter, leak tests shall resume for the next quarter. If 
that test shows less than or equal to 2 percent of the valves in light 
liquid service and in gas service are leaking, then no tests are 
required for the next three quarters. If more than 2 percent are 
leaking, then tests are required for the next five quarters.
    (iv) Observe visually all pump seals weekly.
    (v) Test immediately any pump seal from which liquids are observed 
dripping.
    (vi) Test any relief valve within 24 hours after it has vented to 
the atmosphere.
    (vii) Routine instrument monitoring of valves which are not 
externally regulated, flanges, and equipment in heavy liquid service, is 
not required. However, any valve which is not externally regulated, 
flange or piece of equipment in heavy liquid service that is found to be 
leaking on the basis of sight, smell or sound shall be repaired as soon 
as practicable but no later than 30 days after the leak is found.
    (viii) Test immediately after repair any component that was found 
leaking.
    (ix) Within one hour of its detection, a weatherproof, readily 
visible tag, in bright colors such as red or yellow, bearing an 
identification number and the date on which the leak was detected must 
be affixed on the leaking component and remain in place until the 
leaking component is repaired.
    (x) The following components are exempt from the monitoring 
requirements in paragraph (i)(1) of this section:
    (A) Any component that is in vacuum service, and
    (B) Any pressure relief valve that is connected to an operating 
flare header or vapor recovery device.
    (2) Alternative program for leaks. The Administrator shall approve 
an alternative program of monitoring, recordkeeping, or reporting to 
that prescribed in paragraph (i) and subpart Q (sections 215.430, 
215.431, 215.433, 215.434, 215.435, and 215.437) of Ill. Adm. Code 215 
(incorporated by reference as specified in 40 CFR 52.742), upon a 
demonstration by the owner or operator of such plant that the 
alternative program will provide plant personnel and USEPA personnel 
with an equivalent ability to identify and repair leaking components. 
Any alternative program can only be allowed if approved by the 
Administrator as a SIP or FIP revision.
    (j) Petroleum refining and related industries: asphalt materials--
(1) Monitoring program for leaks. (i) The owner or operator of a 
petroleum refinery subject to subpart R (section 215.445) of Ill. Adm. 
Code 215 (incorporated by reference as specified in 40 CFR 52.742) 
shall, for the purpose of detecting leaks, conduct a component 
monitoring program consistent with the following provisions:
    (A) Test once between March 1 and June 1 of each year, by methods 
referenced in paragraph (a)(4)(vii) of this section, all pump seals, 
pipeline valves in liquid service and process drains.
    (B) Test once each quarter of each calendar year, by methods 
referenced in paragraph (a)(4)(vii) of this section, all pressure relief 
valves in gaseous service, pipeline valves in gaseous service and 
compressor seals.
    (C) Inaccessible valves may be tested once each calendar year 
instead of once each quarter of each calendar year.
    (D) Observe visually all pump seals weekly.
    (E) Test immediately any pump seal from which liquids are observed 
dripping,
    (F) Test any relief valve within 24 hours after it has vented to the 
atmosphere, and
    (G) Test immediately after repair any component that was found 
leaking.
    (ii) Storage tank valves and pressure relief devices connected to an 
operating flare header or vapor recovery device are exempt from the 
monitoring

[[Page 344]]

requirements in paragraph (j)(1)(i) of this section.
    (iii) The Administrator may require more frequent monitoring than 
would otherwise be required by paragraph (j)(1)(i) of this section for 
components which are demonstrated to have a history of leaking.
    (2) Alternative program for leaks. The Administrator may approve an 
alternative program of monitoring, recordkeeping or reporting to that 
prescribed in paragraph (j)(1) of this section and subpart R (sections 
215.446, 215.448, and 215.449) of Ill. Adm. Code 215 (incorporated by 
reference as specified in 40 CFR 52.742), upon a demonstration by the 
owner or operator of a petroleum refinery that the alternative program 
will provide refinery and USEPA personnel with an equivalent ability to 
identify and repair leaking components. Any alternative program can only 
be allowed if approved by the Administrator as a SIP or FIP revision.
    (3) Compliance schedule for leaks. The owner or operator of a 
petroleum refinery shall adhere to the increments of progress contained 
in the following schedule:
    (i) Submit to the Administrator a monitoring program consistent with 
subpart R (section 215.446) of Ill. Adm. Code 215 (incorporated by 
reference as specified in 40 CFR 52.742) prior to September 1, 1990.
    (ii) Submit to the Administrator the first monitoring report 
pursuant to subpart R (section 215.449) of Ill. Adm. Code 215 
(incorporated by reference as specified in 40 CFR 52.742) prior to 
October 1, 1990.
    (k)-(l) [Reserved]
    (m) Pharmaceutical manufacturing--(1) Applicability. (i) The rules 
of paragraph (m) of this section, except for paragraphs (m)(4) through 
(m)(6) of this section, apply to all emission sources of VOM, including 
but not limited to reactors, distillation units, dryers, storage tanks 
for VOL, equipment for the transfer of VOL, filters, crystallizers, 
washers, laboratory hoods, pharmaceutical coating operations, mixing 
operations and centrifuges used in manufacturing, including packaging, 
of pharmaceuticals, and emitting more than 6.8 kg/day (15 lbs/day) and 
more than 2,268 kg/year (2.5 tons/year) of VOM. If an emission source 
emits less than 2,268 kg/year (2.5 tons/year) of VOM, the requirements 
of this paragraph still apply to the emission source if VOM emissions 
from the emission source exceed 45.4 kg/day (100 lbs/day).
    (ii) Notwithstanding paragraph (m)(1)(i) of this section, the air 
suspension coater/dryer, fluid bed dryers, tunnel dryers, and 
Accelacotas located in Libertyville Township, Lake County, Illinois 
shall be exempt from the rules of paragraph (m) of this section, except 
for paragraphs (m)(4) through (m)(6) of this section, if emissions of 
VOM not vented to air pollution control equipment do not exceed the 
following levels:
    (A) For the air suspension coater/dryer: 2,268 kg/year (2.5 tons/
year);
    (B) For each fluid bed dryer: 4,535 kg/year (5.0 tons/year);
    (C) For each tunnel dryer: 6,803 kg/year (7.5 tons/year); and
    (D) For each Accelacota: 6,803 kg/year (7.5 tons/year).
    (iii) Paragraphs (m)(4) through (m)(6) of this section apply to a 
plant having one or more emission sources that:
    (A) Are used to manufacture pharmaceuticals, and
    (B) Emit more than 6.8 kg/day (15 lbs/day) of VOM and more than 
2,268 kg/year (2.5 tons/year) of VOM, or, if less than 2,268 kg/year 
(2.5 tons/year), these paragraphs still apply if emissions from one or 
more sources exceed 45.4 kg/day (100 lbs/day).
    (iv) No owner or operator shall violate any condition in a permit 
when the condition results in exclusion of an emission source from 
paragraph (m) of this section.
    (v) Any pharmaceutical manufacturing source that becomes subject to 
the provisions of paragraph (m) of this section at any time shall remain 
subject to the provisions of paragraph (m) of this section at all times.
    (vi) Emissions subject to paragraph (m) of this section shall be 
controlled at all times consistent with the requirements set forth in 
paragraph (m) of this section.
    (vii) Control devices required pursuant to paragraph (m) of this 
section shall be operated at all times when the source it is controlling 
is operated.

[[Page 345]]

    (viii) Determinations of daily and annual emissions for purposes of 
paragraph (m)(1) of this section shall be made using both data on the 
hourly emission rate (or the emissions per unit of throughput) and 
appropriate daily and annual data from records of emission source 
operation (or material throughput or material consumption data). In the 
absence of representative test data pursuant to paragraph (m)(8) of this 
section for the hourly emission rate (or the emissions per unit of 
throughput), such items shall be calculated using engineering 
calculations, including the methods described in appendix B of ``Control 
of Volatile Organic Emissions from Manufacturing of Synthesized 
Pharmaceutical Products'' (EPA-450/2-78-029). (This subparagraph shall 
not affect the Administrator's authority to require emission tests to be 
performed pursuant to paragraph (m)(8) of this section.)
    (2) Control of reactors, distillation units, crystallizers, 
centrifuges and vacuum dryers. (i) The owner or operator shall equip all 
reactors, distillation units, crystallizers, centrifuges and vacuum 
dryers that are used to manufacture pharmaceuticals with surface 
condensers or other air pollution control equipment listed in paragraph 
(m)(2)(i)(B) of this section.
    (A) If a surface condenser is used, it shall be operated such that 
the condenser outlet gas temperature does not exceed:

    (1) 248.2 K (-13  deg.F) when condensing VOM of vapor pressure 
greater than 40.0kPa (5.8 psi) at 294.3K (70  deg.F), or
    (2) 258.2 K (5  deg.F) when condensing VOM of vapor pressure greater 
than 20.0 kPa (2.9 psi) at 294.3 K (70  deg.F), or
    (3) 273.2 K (32  deg.F) when condensing VOM of vapor pressure 
greater than 10.0 kPa (1.5 psi) at 294.3 K (70  deg.F), or
    (4) 283.2 K (50  deg.F) when condensing VOM of vapor pressure 
greater than 7.0 kPa (1.0 psi) at 294.3 K (70  deg.F), or
    (5) 298.2 K (77  deg.F) when condensing VOM of vapor pressure 
greater than 3.45 kPa (0.5 psi) at 294.3 K (70  deg.F).

    (B) If a scrubber, carbon adsorption, thermal afterburner, catalytic 
afterburner, or other air pollution control equipment other than a 
surface condenser is used, such equipment shall provide a reduction in 
the emissions of VOM of 90 percent or more.
    (ii) The owner or operator shall enclose all centrifuges used to 
manufacture pharmaceuticals and that have an exposed VOL surface, where 
the VOM in the VOL has a vapor pressure of 3.45 kPa (0.5 psi) or more at 
294.3 K (70  deg.F), except as production, sampling, maintenance, or 
inspection procedures require operator access.
    (3) Control of air dryers, production equipment exhaust systems and 
filters. (i) The owner or operator of an air dryer or production 
equipment exhaust system used to manufacture pharmaceuticals shall 
control the emissions of VOM from such emission sources by air pollution 
control equipment which reduces by 90 percent or more the VOM that would 
otherwise be emitted into the atmosphere.
    (ii) The owner or operator shall enclose all rotary vacuum filters 
and other filters used to manufacture pharmaceuticals and that have an 
exposed VOL surface, where the VOM in the VOL has a vapor pressure of 
3.45 kPa (0.5 psi) or more at 294 K (70  deg.F), except as production, 
sampling, maintenance, or inspection procedures require operator access.
    (4) Material storage and transfer. The owner or operator of a 
pharmaceutical manufacturing plant shall:
    (i) Provide a vapor balance system that is at least 90 percent 
effective in reducing VOM emissions from truck or railcar deliveries to 
storage tanks with capacities equal to or greater than 7.57 m3 
(2,000 gal) that store VOL with vapor pressures greater than 28.0 kPa 
(4.1 psi) at 294.3 K (70  deg.F), and
    (ii) Install, operate, and maintain pressure/vacuum conservation 
vents set at 0.2 kPa (0.03 psi) or greater on all storage tanks that 
store VOL with vapor pressures greater than 10 kPa (1.5 psi) at 294.3 K 
(70  deg.F).
    (5) In-process tanks. The owner or operator shall install covers on 
all in-process tanks used to manufacture pharmaceuticals and containing 
a VOL at any time. These covers must remain closed, except as 
production, sampling, maintenance or inspection procedures require 
operator access.
    (6) Leaks. The owner or operator of a pharmaceutical manufacturing 
plant shall repair any component from which

[[Page 346]]

a leak of VOL can be observed. The repair shall be completed as soon as 
practicable but no later than 15 days after the leak is found. If the 
leaking component cannot be repaired until the process unit is shut 
down, the leaking component must then be repaired before the unit is 
restarted.
    (7) Other emission sources. The owner or operator of a washer, 
laboratory hood, tablet coating operation, mixing operation or any other 
process emission source not subject to paragraphs (m)(2) through (m)(6) 
of this section, and used to manufacture pharmaceuticals shall control 
the emissions of VOM from such emission sources by:
    (i) Air pollution control equipment which reduces by 81 percent or 
more the VOM that would otherwise be emitted to the atmosphere, or
    (ii) A surface condenser which captures all the VOM which would 
otherwise be emitted to the atmosphere and which meets the requirements 
of paragraph (m)(2)(i) of this section.
    (8) Testing. (i) Upon request by the Administrator, the owner or 
operator of any VOM emission source subject to paragraph (m) or exempt 
from paragraph (m) of this section by virtue of the provisions of 
paragraph (m)(1) of this section shall, at his own expense, demonstrate 
compliance to the Administrator by the methods or procedures listed in 
paragraph (a)(vi)(A) of this section.
    (ii) A person planning to conduct a VOM emissions test to 
demonstrate compliance with paragraph (m) of this section shall notify 
the Administrator of that intent not less than 30 calendar days before 
the planned initiation of the test.
    (9) Monitoring and recordkeeping for air pollution control 
equipment--(i) Monitoring. (A) At a minimum, continuous monitors for the 
following parameters shall be installed on air pollution control 
equipment used to control sources subject to paragraph (m) of this 
section:
    (1) Destruction device combustion temperature.
    (2) Temperature rise across a catalytic afterburner bed.
    (3) VOM concentration on a carbon absorption unit to determine 
breakthrough.
    (4) Outlet gas temperature of a refrigerated condenser.
    (5) Temperature of a non-refrigerated condenser coolant supply 
system.
    (B) Each monitor shall be equipped with a recording device.
    (C) Each monitor shall be calibrated quarterly.
    (D) Each monitor shall operate at all times while the associated 
control equipment is operating.
    (ii) Recordkeeping. (A) The owner or operator of a pharmaceutical 
manufacturing facility shall maintain the following records:
    (1) Parameters listed in paragraph (m)(9)(i)(A) of this section 
shall be recorded.
    (2) For sources subject to paragraph (m)(2) of this section, the 
vapor pressure of VOM being controlled shall be recorded for every 
process.
    (B) For any leak subject to paragraph (m)(6) of this section which 
cannot be readily repaired within one hour after detection, the 
following records shall be kept:
    (1) The name of the leaking equipment,
    (2) The date and time the leak is detected,
    (3) The action taken to repair the leak, and
    (4) The data and time the leak is repaired.
    (C) The following records shall be kept for emission sources subject 
to paragraph (m)(5) of this section which contain VOL:
    (1) For maintenance and inspection:
    (i) The date and time each cover is opened,
    (ii) The length of time the cover remains open, and
    (iii) The reason why the cover is opened.
    (2) For production and sampling, detailed written procedures or 
manufacturing directions specifying the circumstances under which covers 
may be opened and the procedures for opening covers.
    (D) For each emission source used in the manufacture of 
pharmaceuticals for which the owner or operator of a pharmaceutical 
manufacturing plant claims emission standards are not applicable, 
because the emissions are

[[Page 347]]

below the applicability cutoffs in paragraph (m)(1)(i) of this section 
or paragraph (m)(1)(ii) of this section the owner or operator shall:
    (1) Maintain a demonstration including detailed engineering 
calculations of the maximum daily and annual emissions for each such 
emission source showing that the emissions are below the applicability 
cutoffs in paragraph (m)(1)(i) or paragraph (m)(1)(ii) of this section, 
as appropriate, for the current and prior calendar years;
    (2) Maintain appropriate operating records for each such emission 
source to identify whether the applicability cutoffs in paragraph 
(m)(1)(i) or paragraph (m)(1)(ii) of this section, as appropriate, are 
ever exceeded; and
    (3) Provide written notification to the Administrator within 30 days 
of a determination that such an emission source has exceeded the 
applicability cutoffs in paragraph (m)(1)(i) or paragraph (m)(1)(ii) of 
this section, as appropriate.
    (E) Records required under paragraph (m)(9)(ii)(A) of this section 
shall be maintained by the owner or operator for a minimum of two years 
after the date on which they are made.
    (F) Copies of the records shall be made available to the 
Administrator upon verbal or written request.
    (n)--(p) [Reserved]
    (q) Gasoline distribution--(1) Bulk gasoline plants. (i) Subject to 
paragraph (q)(1)(v) of this section, no person may cause or allow the 
transfer of gasoline from a delivery vessel into a stationary storage 
tank located at a bulk gasoline unless:
    (A) The delivery vessel and the stationary storage tank are each 
equipped with a vapor collection system that meets the requirements of 
paragraph (q)(1)(iv)(D) of this section,
    (B) Each vapor collection system is operating,
    (C) The delivery vessel displays the appropriate sticker pursuant to 
the requirements of sections 215.584 (b) or (d) of 35 I11. Adm. Code 215 
(incorporated by reference as specified in 40 CFR 52.742),
    (D) The pressure relief valve(s) on the stationary storage tank and 
the delivery vessel are set to release at no less than 0.7 psi or the 
highest pressure allowed by state or local fire codes or the guidelines 
of the National Fire Prevention Association, and
    (E) The stationary storage tank is equipped with a submerged loading 
pipe.
    (ii) Subject to paragraph (q)(1)(vi) of this section, no person may 
cause or allow the transfer of gasoline from a stationary storage tank 
located at a bulk gasoline plant into a delivery vessel unless:
    (A) The requirements set forth in paragraphs (q) (1)(i)(A) through 
(1)(i)(D) of this section are met, and
    (B) Equipment is available at the bulk gasoline plant to provide for 
the submerged filling of the delivery vessel or the delivery vessel is 
equipped for bottom loading.
    (iii) Subject to paragraph (q)(1)(v) of this section, each owner of 
a stationary storage tank located at a bulk gasoline plant shall:
    (A) Equip each stationary storage tank with a vapor control system 
that meets the requirements of paragraph (q) (1)(i) or (1)(ii) of this 
section, whichever is applicable,
    (B) Provide instructions to the operator of the bulk gasoline plant 
describing necessary maintenance operations and procedures for prompt 
notification of the owner in case of any malfunction of a vapor control 
system, or
    (C) Repair, replace or modify any worn out or malfunctioning 
component or element of design.
    (iv) Subject to paragraph (q)(1)(v) of this section, each operator 
of a bulk gasoline plant shall:
    (A) Maintain and operate each vapor control system in accordance 
with the owner's instructions,
    (B) Promptly notify the owner of any scheduled maintenance or 
malfunction requiring replacement or repair of a major component of a 
vapor control system,
    (C) Maintain gauges, meters or other specified testing devices in 
proper working order, and
    (D) Operate the bulk plant vapor collection system and gasoline 
loading equipment in a manner that prevents:
    (1) Gauge pressure from exceeding 45.7 cm (18 in.) of water and 
vacuum from exceeding 15.2 cm (6 in.) of water,

[[Page 348]]

as measured as close as possible to the vapor hose connection,
    (2) A reading equal to or greater than 100 percent of the lower 
explosive limit (LEL measured as propane) when tested in accordance with 
the procedure described in ``Control of Volatile Organic Compound Leaks 
from Gasoline Tank Trucks and Vapor Collection Systems'', Appendix B, 
EPA 450/2-78-051 (which is available for purchase from the National 
Technical Information Services, 5285 Port Royal Road, Springfield, VA 
22161), and
    (3) Avoidable leaks of liquid during loading or unloading 
operations.
    (E) Provide a pressure tap or equivalent on the bulk plant vapor 
collection system in order to allow the determination of compliance with 
paragraph (q)(1)(iv)(D)(1) of this section, and
    (F) Within 15 business days after discovery of any leak by the 
owner, operator, or the Administrator, repair and retest a vapor 
collection system which exceeds the limits of paragraph (q)(1)(iv)(D) 
(1) or (2) of this section.
    (v) The requirements of paragraphs (q) (1)(i), (1)(iii) and (1)(iv) 
of this section, shall not apply to:
    (A) Any stationary storage tank with a capacity of less than 2,177 l 
(575 gal), or
    (B) Any bulk gasoline plant whose daily gasoline throughtput is less 
than 15,140 l (4,000 gal/day) on a thirty-day rolling average.
    (vi) The requirements of paragraph (q)(1)(ii) of this section shall 
only apply to bulk gasoline plants:
    (A) Whose daily gasoline throughput is greater than or equal to 
15,140 l (4,000 gal/day) on a thirty-day rolling average, and
    (B) That either distribute gasoline to gasoline dispensing 
facilities subject to the requirements of section 215.583(a)(2) of 35 
Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 
52.742) or that are in Cook, DuPage, Kane, Lake, McHenry or Will County.
    (vii) Any bulk gasoline plant which is ever subject to paragraph 
(q)(1) (i), (ii), (iii) or (iv) of this section shall always be subject 
to these paragraphs.
    (2) [Reserved]
    (r) [Reserved]
    (s) Paint and ink manufacturing--(1) Applicability. (i) Paragraph 
(s) shall apply to all paint and ink manufacturing plants which:
    (A) Include process emission sources not subject to subparts (B), 
(Q) (excluding sections 215.432 and 215.436), (R) (excluding sections 
215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 215.582, 
215.583, and 215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by 
reference as specified in 40 CFR 52.742), or to paragraphs (d), (e) 
(excluding paragraph (e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), 
(i), (j), or (q)(1) of this section; and which as a group both:
    (1) Have maximum theoretical emissions of 91 Mg (100 tons) or more 
per calendar year of VOM if no air pollution control equipment were 
used, and
    (2) Are not limited to less than 91 Mg (100 tons) of VOM emissions 
per calendar year in the absence of air pollution control equipment, 
through production or capacity limitations contained in a federally 
enforceable construction permit or a SIP or FIP revision, or
    (B) Produce more than 7,570,820 l (2,000,000 gal) per calendar year 
of paint or ink formulations, which contain less than 10 percent (by 
weight) water, and ink formulations not containing as the primary 
solvents water, Magie oil or glycol.
    (ii) For the purposes of paragraph (s) of this section, uncontrolled 
VOM emissions are the emissions of VOM which would result if no air 
pollution control equipment were used.
    (2) Exemption for waterbase material and heatset-offset ink. The 
requirements of paragraphs (s)(4) and (s)(5) of this section and 
paragraph (s)(7)(i) of this section shall not apply to equipment while 
it is being used to produce either:
    (i) Paint or ink formulations which contain 10 percent or more (by 
weight) water, or
    (ii) Inks containing Magie oil and glycol as the primary solvent.
    (3) Permit conditions. No person shall violate any condition in a 
federally enforceable permit when the condition results in exclusion of 
the plant or an emission source from paragraph (s).
    (4) Open-top mills, tanks, vats or vessels. No person shall operate 
an open-top mill, tank, vat or vessel with a volume of more than 45 l 
(12 gal) for the production of paint or ink unless:

[[Page 349]]

    (i) The mill, tank, vat or vessel is equipped with a cover which 
completely covers the mill, tank, vat or vessel opening except for an 
opening no larger than necessary to allow for safe clearance for a mixer 
shaft. Such cover shall extend at least 1.27 cm (0.5 in.) beyond the 
outer rim of the opening or be attached to the rim.
    (ii) The cover remains closed except when production, sampling, 
maintenance or inspection procedures require access.
    (iii) The cover is maintained in good condition such that, when in 
place, it maintains contact with the rim of the opening for at least 90 
percent of the circumference of the rim.
    (5) Grinding mills. (i) No person shall operate a grinding mill for 
the production of paint or ink which is not maintained in accordance 
with the manufacturer's specifications.
    (ii) No person shall operate a grinding mill fabricated or modified 
after the effective date of paragraph (s) which is not equipped with 
fully enclosed screens.
    (iii) The manufacturer's specifications shall be kept on file at the 
plant by the owner or operator of the grinding mill and be made 
available to any person upon verbal or written request during business 
hours.
    (6) Storage tanks. (i) The owner or operator shall equip tanks 
storing VOL with a vapor pressure greater than 10 kPa (1.5 psi) at 20 
deg.C (68  deg.F) with pressure/vacuum conservation vents set as a 
minimum at +/-0.2 kPa (0.029 psi). These controls shall be operated at 
all times. An alternative air pollution control system may be used if it 
results in a greater emission reduction than these controls. Any 
alternative control system can only be allowed if approved by the 
Administrator as a SIP or FIP revision.
    (ii) Stationary VOL storage containers with a capacity greater than 
946 l (250 gal) shall be equipped with a submerged-fill pipe or bottom 
fill. These controls shall be operated at all times. An alternative 
control system can only be allowed if approved by the Administrator as a 
SIP or FIP revision.
    (7) Leaks. The owner or operator of a paint or ink manufacturing 
plant shall, for the purpose of detecting leaks, conduct an equipment 
monitoring program as set forth below:
    (i) Each pump shall be checked by visual inspection each calendar 
week for indications of leaks, that is, liquids dripping from the pump 
seal. If there are indications of liquids dripping from the pump seal, 
the pump shall be repaired as soon as practicable, but no later than 15 
calendar days after the leak is detected.
    (ii) Any pump, valve, pressure relief valve, sampling connection, 
open-ended valve and flange or connector containing a fluid which is at 
least 10 percent VOM by weight which appears to be leaking on the basis 
of sight, smell or sound shall be repaired as soon as practicable, but 
no later than 15 calendar days after the leak is detected.
    (iii) A weather proof, readily visible tag, in bright colors such as 
red or yellow, bearing an identification number and the date on which 
the leak was detected shall be attached to leaking equipment. The tag 
may be removed upon repair, that is, when the equipment is adjusted or 
otherwise altered to allow operation without leaking.
    (iv) When a leak is detected, the owner or operator shall record the 
date of detection and repair and the record shall be retained at the 
plant for at least two years from the date of each detection or each 
repair attempt. The record shall be made available to any person upon 
verbal or written request during business hours.
    (8) Clean up. (i) No person shall clean paint or ink manufacturing 
equipment with organic solvent unless the equipment being cleaned is 
completely covered or enclosed except for an opening no larger than 
necessary to allow safe clearance for proper operation of the cleaning 
equipment, considering the method and materials being used.
    (ii) No person shall store organic wash solvent in other than closed 
containers, unless closed containers are demonstrated to be a safety 
hazard, or dispose of organic wash solvent in a manner such that more 
than 20 percent by weight is allowed to evaporate into the atmosphere.
    (9) Compliance schedule. Every owner or operator of an emission 
source subject to the control requirements of

[[Page 350]]

paragraph (s) of this section shall comply with the requirements of 
paragraph (s) of this section on and after July 1, 1991.
    (10) Recordkeeping and reporting. (i) Upon request by the 
Administrator, the owner or operator of an emission source which claims 
to be exempt from the requirements of paragraph (s) of this section 
shall submit records to the Administrator within 30 calendar days from 
the date of the request which document that the emission source is in 
fact exempt from paragraph (s) of this section. These records shall 
include (but are not limited to) the percent water (by weight) in the 
paint or ink being produced and the quantity of Magie oil, glycol and 
other solvents in the ink being produced.
    (ii) Every owner or operator of an emission source which is subject 
to the requirements of paragraph (s) of this section shall maintain all 
records necessary to demonstrate compliance with those requirements at 
the facility for three years.
    (t) [Reserved]
    (u) Miscellaneous fabricated product manufacturing processes--(1) 
Applicability.
    (i) The requirements of paragraph (u) of this section shall apply to 
a plant's miscellaneous fabricated product manufacturing process 
emission sources which are not included within any of the source 
categories specified in subparts (B), (Q) (excluding sections 215.432 
and 215.436), (R) (excluding sections 215.447, 215.450, and 215.452), 
(S), (V), (X), (Y) (sections 215.582, 215.583, and 215.584), or (Z) of 
35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 
52.742), or specified in paragraph (d), (e), (h), (i), (j), or (q)(1) of 
this section; if the plant is subject to paragraph (u) of this section. 
A plant is subject to paragraph (u) of this section if it contains 
process emission sources, not regulated by subparts (B), (Q) (excluding 
sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450, 
and 215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, 215.584), 
or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as specified 
in 40 CFR 52.742), or by paragraph (d), (e) (excluding paragraph 
(e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), (i), (j), or (q)(1) of 
this section; which as a group both:
    (A) Have maximum theoretical emissions of 91 Mg (100 tons) or more 
per calendar year of VOM if no air pollution control equipment were 
used, and
    (B) Are not limited to less than 91 Mg (100 tons) of VOM emissions 
per calendar year in the absence of air pollution control equipment, 
through production or capacity limitations contained in a federally 
enforceable construction permit or a SIP or FIP revision.
    (ii) If a plant ceases to fulfill the criteria of paragraph 
(u)(1)(i) of this section, the requirements of paragraph (u) of this 
section shall continue to apply to a miscellaneous fabricated products 
manufacturing process emission source which was ever subject to the 
control requirements of paragraph (u)(3) of this section.
    (iii) No limits under paragraph (u) of this section shall apply to 
emission sources with emissions of VOM to the atmosphere less than or 
equal to 0.91 Mg (1.0 ton) per calendar year if the total emissions from 
such sources not complying with paragraph (u)(3) of this section does 
not exceed 4.5 Mg (5.0 tons) per calendar year.
    (iv) For the purposes of paragraph (u) of this section, an emission 
source shall be considered regulated by a subpart (of the Illinois 
rules) or paragraph if it is subject to the limits of that subpart (of 
the Illinois rules) or paragraph. An emission source is not considered 
regulated by a subpart (of the Illinois rules) or paragraph if its 
emissions are below the applicability cutoff level or if the source is 
covered by an exemption.
    (v) For the purposes of paragraph (u) of this section, uncontrolled 
VOM emissions are the emissions of VOM which would result if no air 
pollution control equipment were used.
    (2) Permit conditions. No person shall violate any condition in a 
permit when the condition results in exclusion of the plant or an 
emission source from paragraph (u) of this section.
    (3) Control requirements. Every owner or operator of an emission 
source subject to paragraph (u) of this section shall comply with the 
requirements of

[[Page 351]]

paragraph (u)(3) (i), (ii) or (iii) of this section:
    (i) Emission capture and control techniques which achieve an overall 
reduction in uncontrolled VOM emissions of at least 81 percent, or
    (ii) For coating lines, the daily-weighted average VOM content shall 
not exceed 0.42 kg VOM/l (3.5 lbs VOM/gal) of coating as applied (minus 
water and any compounds which are specifically exempted from the 
definition of VOM) during any day. Owners and Code 215 (incorporated by 
reference as specified in 40 CFR 52.742), or
    (iii) An alternative control plan which has been approved by the 
Administrator as a SIP or FIP revision.
    (4) Compliance schedule. Every owner or operator of an emission 
source subject to the control requirements of paragraph (u) of this 
section shall comply with the requirements of paragraph (u) of this 
section on and after July 1, 1991.
    (5) Testing. Any owner or operator of a VOM emission source which is 
subject to paragraph (u) of this section shall demonstrate compliance 
with paragraph (u)(3) of this section by using the applicable test 
methods and procedures specified in paragraph (a)(4) of this section.
    (6) The control requirements in this paragraph apply to the adhesive 
globe coating operations at Replogle's Broadview facility in Cook 
County, Illinois, instead of the control requirements in paragraph 
(u)(3) of this section.
    (i) After October 6, 1991, no coatings shall at any time be applied 
which exceed the following emission limitations for the specified 
coating.
    (A) 7.0 lbs VOM per gallon of adhesive coating (minus water and any 
compounds which are specifically exempted from the definition of VOM) as 
applied to coat globes. Such coating consists of #7879446 Methylene 
Chloride (RGI #01004100). The Administrator shall be notified at least 
ten (10) days prior to the use of any replacement adhesive for coating 
globes.
    (B) [Reserved]
    (ii) After October 6, 1991, the volume of coatings used shall not 
exceed the following:
    (A) 572 gallons per year total for all coatings specified in 
paragraph (u)(6)(i)(A) of this section. The yearly volume of coatings 
used are to be calculated as follows:
    (1) Compute the volume of specified coating used each month by the 
15th of the following month.
    (2) By the 15th of each month, add the monthly coating use for the 
12 previous months (to obtain the yearly volume of coatings used).
    (B) [Reserved]
    (iii) Beginning on October 6, 1991, the owner and operator of the 
Replogle Globes, Inc. plant in Broadview, Illinois shall keep the 
following records for each month. All records shall be retained at 
Replogle Globes, Inc. for three (3) years and shall be made available to 
the Administrator on request:
    (A) The name and identification number of each coating as applied on 
any adhesive globe coating line.
    (B) The weight of VOM per volume and the volume of each coating 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each month on any adhesive globe coating 
line.
    (7) The control requirements in this paragraph apply to the glass 
candle container coating line(s) and silk screening machines at the 
Candle Corporation of America (CCA), Chicago, Illinois facility, instead 
of the control requirements in paragraph (u)(3) of this section.
    (i) After June 1, 1992, no coatings or inks shall at any time be 
applied, at any coating or ink applicator, which exceed the following 
emission limitations for the specified coating or ink.
    (A) 6.04 pounds (lbs) volatile organic material (VOM) per gallon of 
clear lacquer/varnish (minus water and any compounds which are 
specifically exempted from the definition of VOM) as applied to coat 
glass candle containers. Such clear lacquer/varnish (multi-color) is 
identified as LP3500. The Administrator must be notified at least 10 
days prior to the use of any replacement clear lacquers/varnishes.
    (B) 5.23 lbs VOM per gallon of translucent coating (minus water and 
any compounds which are specifically exempted from the definition of 
VOM) as applied to coat glass candle containers.

[[Page 352]]

Such translucent coating (multi-color) is identified as LP3603. The 
Administrator must be notified at least 10 days prior to the use of any 
replacement translucent coatings.
    (C) 5.84 lbs VOM per gallon of white lacquer (minus water and any 
compounds which are specifically exempted from the definition of VOM) as 
applied to coat glass candle containers. Such white lacquer is 
identified as LP3507. The Administrator must be notified at least 10 
days prior to the use of any replacement white lacquers.
    (D) 3.40 lbs VOM per gallon of fast dry enamel silk screen printing 
ink (minus water and any compounds which are specifically exempted from 
the definition of VOM) as applied to print onto glass candle containers.
    (ii) After June 1, 1992, the volume of coating and ink used shall 
not exceed the following:
    (A) 2,164 gallons per month total for all coatings specified in 
paragraph (u)(7)(i)(A) of this section.
    (B) 369 gallons per month total for all coatings specified in 
paragraph (u)(7)(i)(B) of this section.
    (C) 49 gallons per month total for all coatings specified in 
paragraph (u)(7)(i)(C) of this section.
    (D) 50 gallons per month total for all inks specified in paragraph 
(u)(7)(i)(D) of this Section.
    (iii) Beginning on June 1, 1992, the owner and operator of CCA's 
plant in Chicago, Illinois, shall keep the following records for each 
month. All records shall be retained at CCA for 3 years and shall be 
made available to the Administrator on request.
    (A) The name and identification number of each coating and ink as 
applied on any glass candle container coating line or silk screening 
machine.
    (B) The weight of VOM per volume and the volume of each coating and 
ink (minus water and any compounds which are specifically exempted from 
the definition of VOM) as applied each month on any glass candle 
container coating line or silk screening machine.
    (iv) After June 1, 1992, no more than 100 gallons per month of 
cleaning solvent is allowed to be used on the glass candle container 
coating line(s) at CCA. The only cleaning solvents allowed for use are 
acetone (identified as LP3525) and methyl ethyl ketone (identified as 
LP3520). Beginning on June 1, 1992, CCA shall keep monthly records of 
the type and volume of all cleaning solvents used. All such records 
shall be retained at CCA for 3 years and shall be made available to the 
Administrator on request.
    (v) After June 1, 1992, no more than 50 gallons per month of 
cleaning solvent is allowed to be used on the glass candle container 
silk screening machines at CCA. The only cleaning solvent allowed for 
use is petroleum naphtha (identified as light aromatic naphtha with 7.28 
lbs VOM per gallon, minus water and any compounds which are specifically 
exempted from the definition of VOM). Beginning on June 1, 1992, CCA 
shall keep monthly records of the type and volume and the weight of VOM 
per volume (minus water and any compounds which are specifically 
exempted from the definition of VOM) of all cleaning solvents used on 
the glass candle container silk screening machines. All such records 
shall be retained at CCA for 3 years and shall be made available to the 
Administrator on request.
    (8) The control, recordkeeping and reporting requirements in this 
paragraph apply to the cellulose food casing manufacturing operations at 
the Viskase Corporation plant in Bedford Park, Illinois (Cook County) 
instead of the requirements in paragraph (v) of this section, the other 
parts of paragraph (u) of this section, and the recordkeeping 
requirements in paragraph (y) of this section. Unless otherwise stated, 
the following requirements must be met by Viskase on and after November 
21, 1995.
    (i) VOM emissions shall never exceed 3.30 tons per day.
    (ii) VOM emissions shall not exceed 2.22 tons per day, on a monthly 
average, during June, July, and August.
    (iii) VOM emissions shall not exceed 2.44 tons per day during June, 
July, and August.
    (iv) Compliance with the emission limits in paragraphs (u)(8) (i) 
through (iii) of this section, and the records in paragraph (u)(8)(v) of 
this section, shall be determined using an emission factor of ``0.72 
pounds of VOM emissions per pound of carbon disulfide consumed.''

[[Page 353]]

    (v) Viskase must keep the following daily records:
    (A) The pounds of carbon disulfide per charge for its Fibrous 
process. If charges with different levels of carbon disulfide per charge 
are used the same day, a separate record must be kept for each level of 
carbon disulfide per charge.
    (B) The pounds of carbon disulfide per charge for its NOJAX process. 
If charges with different levels of carbon disulfide per charge are used 
the same day, a separate record must be kept for each level of carbon 
disulfide per charge.
    (C) The number of charges per day, for each level of carbon 
disulfide per charge, used in Viskase's Fibrous process.
    (D) The number of charges per day, for each level of carbon 
disulfide per charge, used in Viskase's NOJAX process.
    (E) The total quantity of carbon disulfide used per day in Viskase's 
Fibrous process, the total quantity of carbon disulfide used per day in 
Viskase's NOJAX process, and the daily VOM emissions resulting from use 
of the carbon disulfide.
    (F) The monthly use of carbon disulfide, and the monthly VOM 
emissions resulting from use of the carbon disulfide, during June, July, 
and August.
    (vi) Any violation of the emission limits in paragraphs (u)(8) (i) 
through (iii) of this section must be reported to USEPA within 30 days 
of its occurrence.
    (vii) In order to determine daily and monthly VOM emissions, the 
test methods in paragraph (a)(4) of this section may be used in addition 
to, and take precedence over, the emission factor cited in paragraph 
(u)(8)(iv) of this section. Method 15 is to be used instead of Methods 
18, 25, and 25A when the test methods in paragraph (a)(4) of this 
section are used to determine VOM emissions from Viskase's cellulose 
food casing facility.
    (v) Miscellaneous formulation manufacturing processes--(1) 
Applicability. (i) The requirements of paragraph (v) of this section 
shall apply to a plant's miscellaneous formulation manufacturing process 
emission sources, which are not included within any of the source 
categories specified in subpart (B), (Q) (excluding sections 215.432 and 
215.436), (R) (excluding sections 215.447, 215.450, and 215.452),(S), 
(V), (X), (Y) (sections 215.582, 215.583, and 215.584), or (Z) of 35 
Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 
52.742), or specified in paragraph (d), (e), (h), (i), (j), or (q)(1) of 
this section; if the plant is subject to paragraph (v) of this section. 
A plant is subject to paragraph (v) of this section if it contains 
process emission sources, not regulated by subpart (B), (Q) (excluding 
sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450, 
and 215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, and 
215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as 
specified in 40 CFR 52.742), or by paragraph (d), (e) (excluding 
paragraph (e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), (i), (j), or 
(q)(1) of this section; which as a group both:
    (A) Have maximum theoretical emissions of 91 Mg (100 tons) or more 
per calendar year of VOM if no air pollution control equipment were 
used, and
    (B) Are not limited to less than 91 Mg (100 tons) of VOM emissions 
per calendar year in the absence of air pollution control equipment, 
through production or capacity limitations contained in a federally 
enforceable construction permit or a SIP or FIP revision.
    (ii) If a plant ceases to fulfill the criteria of paragraph 
(v)(1)(i) of this section, the requirements of paragraph (v) of this 
section shall continue to apply to a miscellaneous formulation 
manufacturing process emission source which was ever subject to the 
control requirements of paragraph (v)(3) of this section.
    (iii) No limits under paragraph (v) of this section shall apply to 
emission sources with emissions of VOM to the atmosphere less than or 
equal to 2.3 Mg (2.5 tons) per calendar year if the total emissions from 
such sources not complying with paragraph (v)(3) of this section does 
not exceed 4.5 Mg (5.0 tons) per calendar year.
    (iv) For the purposes of paragraph (v) of this section, an emission 
source shall be considered regulated by a subpart (of the Illinois 
rules) or paragraph

[[Page 354]]

if it is subject to the limits of that subpart (of the Illinois rules) 
or paragraph. An emission source is not considered regulated by a 
subpart (of the Illinois rules) or paragraph if its emissions are below 
the applicability cutoff level or if the source is covered by an 
exemption.
    (v) For the purposes of paragraph (v) of this section uncontrolled 
VOM emissions are the emissions of VOM which would result if no air 
pollution control equipment were used.
    (2) Permit conditions. No person shall violate any condition in a 
permit when the condition results in exclusion of the plant or an 
emission source from paragraph (v) of this section.
    (3) Control requirements. Every owner or operator of an emission 
source subject to paragraph (v) of this section shall comply with the 
requirements of paragraph (v)(3) (i) or (ii) of this section.
    (i) Emission capture and control techniques which achieve an overall 
reduction in uncontrolled VOM emissions of at least 81 percent, or
    (ii) An alternative control plan which has been approved by the 
Administrator as a SIP or FIP revision.
    (4) Compliance schedule. Every owner or operator of an emission 
source subject to the control requirements of paragraph (v) of this 
section shall comply with the requirements of paragraph (v) of this 
section on and after July 1, 1991.
    (5) Testing. Any owner or operator of a VOM emission source which is 
subject to paragraph (v) of this section shall demonstrate compliance 
with paragraph (v)(3) of this section by using the applicable test 
methods and procedures specified in paragraph (a)(4) of this section.
    (6) The control requirements in this paragraph apply to the 7 
blenders and 3 moguls of the adhesive coating solution formulation 
(compounding) operations at the Minnesota Mining and Manufacturing 
Corporation's (3M) Bedford Park facility in Cook County, Illinois, 
instead of the control requirements in paragraph (v)(3) of this section.
    (i) After September 1, 1991, the following operating restrictions 
shall apply to 3M's Bedford Park, Illinois, compounding operations.
    (A) The combined operating hours for all blenders shall not exceed 
8,400 hours per quarter (rolled on a monthly basis). The combined 
quarterly operating hours of all blenders are to be calculated as 
follows:
    (1) By the 15th of each month, compute the combined monthly 
operating hours of all blenders during the previous month.
    (2) By the 15th of each month, add the monthly operating hours of 
all blenders for the 3 previous months (to obtain the combined quarterly 
operating hours of all blenders).
    (B) The combined operating hours for all moguls shall not exceed 
4,200 hours per quarter (rolled on a monthly basis). The quarterly 
operating hours of all moguls are to be calculated as follows:
    (1) By the 15th of each month, compute the combined monthly 
operating hours of all moguls during the previous month.
    (2) By the 15th of each month, add the monthly operating hours of 
all moguls for the 3 previous months (to obtain the combined quarterly 
operating hours of all moguls).
    (ii) Beginning on September 1, 1991, the owner and operator of the 
3M Bedford Park Plant in Bedford Park, Illinois, shall keep the 
following records. These records shall be compiled on a monthly basis, 
be retained at the 3M facility for a period of 3 years, and be made 
available to the Administrator upon request.
    (A) Separate monthly records for each of the 7 blenders identifying 
each batch and the length of each batch as well as the total monthly 
hours of operation for all blenders.
    (B) Separate monthly records for each of the 3 moguls identifying 
each batch and the length of each batch as well as the total monthly 
hours of operation for all moguls.
    (w) Miscellaneous organic chemical manufacturing processes--(1) 
Applicability. (i) The requirements of paragraph (w) of this section 
shall apply to a plant's miscellaneous organic chemical manufacturing 
process emission sources which are not included within any of the source 
categories specified in subparts (B), (Q) (excluding sections

[[Page 355]]

215.432 and 215.436), (R) (excluding sections 215.447, 215.450, and 
215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, and 215.584), 
or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as specified 
in 40 CFR 52.742), or specified in paragraph (d), (e), (h), (i), (j), or 
(q)(1) of this section; if the plant is subject to paragraph (w) of this 
section. A plant is subject to paragraph (w) of this section if it 
contains process emission sources, not regulated by subparts (B), (Q) 
(excluding sections 215.432 and 215.436), (R) (excluding sections 
215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 215.582, 
215.583, and 215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by 
reference as specified in 40 CFR 52.742), or by paragraph (d), (e) 
(excluding paragraph (e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), 
(i), (j), or (q)(1) of this section; which as a group both:
    (A) Have maximum theoretical emissions of 91 Mg (100 tons) or more 
per calendar year of VOM if no air pollution control equipment were 
used, and
    (B) Are not limited to less than 91 Mg (100 tons) of VOM emissions 
per calendar year in the absence of air pollution control equipment, 
through production or capacity limitations contained in a federally 
enforceable construction permit or a SIP or FIP revision.
    (ii) If a plant ceases to fulfill the criteria of paragraph 
(w)(1)(i) of this section, the requirements of paragraph (w) of this 
section shall continue to apply to a miscellaneous organic chemical 
manufacturing process emission source which was ever subject to the 
control requirements of paragraph (w)(3) of this section.
    (iii) No limits under paragraph (w) of this section shall apply to 
emission sources with emissions of VOM to the atmosphere less than or 
equal to 0.91 Mg (1.0 ton) per calendar year if the total emissions from 
such sources not complying with paragraph (w)(3) of this section does 
not exceed 4.5 Mg (5.0 tons) per calendar year.
    (iv) For the purposes of paragraph (w) of this section, an emission 
source shall be considered regulated by a subpart (of the Illinois 
rules) or paragraph if it is subject to the limits of that subpart (of 
the Illinois rules) or paragraph. An emission source is not considered 
regulated by a subpart (of the Illinois rules) or paragraph if its 
emissions are below the applicability cutoff level or if the source is 
covered by an exemption.
    (v) For the purposes of paragraph (w) of this section, uncontrolled 
VOM emissions are the emissions of VOM which would result if no air 
pollution control equipment were used.
    (2) Permit conditions. No person shall violate any condition in a 
permit when the condition results in exclusions of the plant or an 
emission source from paragraph (w) of this section.
    (3) Control requirements. Every owner or operator of an emission 
source subject to paragraph (w) of this section shall comply with the 
requirements of paragraph (w)(3)(i) or (ii) of this section.
    (i) Emission capture and control techniques which achieve an overall 
reduction in uncontrolled VOM emissions of at least 81 percent, or
    (ii) An alternative control plan which has been approved by the 
Administrator as a SIP or FIP revision.
    (4) Compliance schedule. Every owner or operator of an emission 
source subject to the control requirements of paragraph (w) of this 
section shall comply with the requirements of paragraph (w) of this 
section on and after July 1, 1991.
    (5) Testing. Any owner or operator of a VOM emission source which is 
subject to paragraph (w) shall demonstrate compliance with paragraph 
(w)(3) of this section by using the applicable test methods and 
procedures specified in paragraph (a)(4) of this section.
    (x) Other emission sources--(1) Applicability. (i) The requirements 
of paragraph (x) of this section shall apply to a plant's VOM emission 
sources, which are not included within any of the source categories 
specified in subpart (B), (Q) (excluding sections 215.432 and 215.436), 
(R) (excluding sections 215.447, 215.450, and 215.452), (S), (V), (X), 
(Y) (sections 215.582, 215.583, and 215.584), or (Z) of 35 Ill. Adm. 
Code 215 (incorporated by reference as specified in 40 CFR 52.742), or 
specified in paragraph (d), (e), (h), (i), (j), (q)(1), (s), (u), (v) or 
(w) of this section; if the plant is subject to paragraph (x) of this 
section. A

[[Page 356]]

plant is subject to paragraph (x) of this section if it contains process 
emission sources, not regulated by subpart (B), (Q) (excluding sections 
215.432 and 215.436), (R) (excluding sections 215.447, 215.450, and 
215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, and 215.584), 
or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as specified 
in 40 CFR 52.742), or by paragraph (d), (e) of this section (excluding 
paragraph (e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), (i), (j), or 
(q)(1) of this section; which as a group both:
    (A) Have maximum theoretical emissions of 91 Mg (100 tons) or more 
per calendar year of VOM if no air pollution control equipment were 
used, and
    (B) Are not limited to less than 91 Mg (100 tons) of VOM emissions 
per calendar year in the absence of air pollution control equipment, 
through production or capacity limitations contained in a federally 
enforceable construction permit or a SIP of FIP revision.
    (ii) If a plant ceases to fulfill the criteria of paragraph 
(x)(1)(i) of this section, the requirements of paragraph (x) of this 
section shall continue to apply to an emission source which was ever 
subject to the control requirements of paragraph (x)(3) of this section.
    (iii) No limits under paragraph (x) of this section shall apply to 
emission sources with emissions of VOM to the atmosphere less than or 
equal to 2.3 Mg (2.5 tons) per calendar year if the total emissions from 
such sources not complying with paragraph (x)(3) of this section does 
not exceed 4.5 Mg (5.0 tons) per calendar year.
    (iv) For the purposes of paragraph (x) of this section, an emission 
source shall be considered regulated by a subpart (of the Illinois 
rules) or paragraph if it is subject to the limits of that subpart (of 
the Illinois rules) or paragraph. An emission source is not considered 
regulated by a subpart (of the Illinois rules) or paragraph of its 
emissions are below the applicability cutoff level or if the source is 
covered by an exemption.
    (v) The control requirements in paragraphs (u), (v), (w), and (x) of 
this section shall not apply to sewage treatment plants, vegetable oil 
processing plants, coke ovens (including by-product recovery plants), 
fuel combustion sources, bakeries, barge loading facilities, jet engine 
test cells, pharmaceutical manufacturing, production of polystyrene foam 
insulation board (including storage and extrusion of scrap where blowing 
agent is added to the polystyrene resin at the plant), production of 
polystyrene foam packaging (not including storage and extrusion of scrap 
where blowing agent is added to the polystyrene resin at the plant), and 
iron and steel production.
    (2) Permit conditions. No person shall violate any condition in a 
permit when the condition results in exclusion of the plant or an 
emission source from paragraph (x) of this section.
    (3) Control requirements. Every owner or operator of an emission 
source subject to paragraph (x) of this section shall comply with the 
requirements of paragraph (x)(3) (i), (ii) or (iii) of this section.
    (i) Emission capture and control equipment which achieve an overall 
reduction in uncontrolled VOM emissions of at least 81 percent, or
    (ii) For coating lines, the daily-weighted average VOM content shall 
not exceed 0.42 kg VOM/l (3.5 lbs VOM/gal) of coating (minus water and 
any compounds which are specifically exempted from the definition of 
VOM) as applied during any day. Owners and operators complying with this 
paragraph are not required to comply with section 215.301 of 35 Ill. 
Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), 
or
    (iii) An alternative control plan which has been approved by the 
Administrator as a SIP or FIP revision.
    (4) Compliance schedule. Every owner or operator of an emissions 
source which is subject to paragraph (x) of this section shall comply 
with the requirements of paragraph (x) of this section on and after July 
1, 1991.
    (5) Testing. Any owner or operator of a VOM emission source which is 
subject to paragraph (x) of this section shall demonstrate compliance 
with paragraph (x)(3) of this section by using the applicable test 
methods and procedures specified in paragraph (a)(4) of this section.

[[Page 357]]

    (6) The control requirements in this paragraph apply to the varnish 
operations at the General Motors Corporation, Electro-Motive Division 
Plant (GMC Electro-Motive), LaGrange, Illinois, instead of the control 
requirements in paragraph (x)(3) of this section.
    (i) After July 1, 1991, no coatings shall at any time be applied 
which exceed the following emission limitations for the specified 
coating.
    (A) 8.0 lbs VOM per gallon of coating (minus water and any compounds 
which are specifically exempted from the definition of VOM) as applied 
at each coating applicator to coat Nomex rings. Such coating consists of 
Monsanto Skybond 705 Polyamide Resin (EMD P/N 9088817) and diluents. The 
Administrator must be notified at least 10 days prior to the use of any 
replacement coating(s) and/or diluents for coating Nomex rings.
    (B) 6.8 lbs VOM per gallon of coating (minus water and any compounds 
which are specifically exempted from the definition of VOM) as applied 
at each coating applicator for any coatings not specified in paragraph 
(x)(6)(i)(A) of this section.
    (ii) After July 1, 1991, the volume of coatings used shall not 
exceed the following:
    (A) 600 gallons per year total for all coatings specified in 
paragraph (x)(6)(i)(A) of this section. The yearly volume of coatings 
used are to be calculated as follows:
    (1) Compute the volume of specified coating used each month by the 
15th of the following month.
    (2) By the 15th of each month, add the monthly coating use for the 
12 previous months (to obtain the yearly volume of coatings used).
    (B) 28,500 gallons per year total for all coatings other than those 
specified in paragraph (x)(6)(i)(A) of this section. The yearly volume 
of coatings used are to be calculated as specified in paragraphs 
(x)(6)(ii)(A)(1) and (x)(6)(ii)(A)(2) of this section.
    (iii) Beginning on July 1, 1991, the owner and operator of the 
General Motors Corporation Electro-Motive Division Plant in LaGrange, 
Illinois shall keep the following records for each month. All records 
shall be retained at General Motors for 3 years and shall be made 
available to the Administrator on request.
    (A) The name and identification number of each coating as applied on 
any coating line within the varnish operation.
    (B) The weight of VOM per volume and the volume of each coating 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each month on any coating line within the 
varnish operation.
    (7) The control, recordkeeping, and monitoring requirements in this 
paragraph apply to the aluminum rolling mills at the Reynolds Metals 
Company's McCook Sheet & Plate Plant in McCook, Illinois (Cook County) 
instead of the control requirements and test methods in the other parts 
of paragraph (x), and the recordkeeping requirements in paragraph (y) of 
this section. All of the following requirements must be met by Reynolds 
on and after July 7, 1995.
    (i) Only organic lubricants with initial and final boiling points 
between 460 degrees F and 635 degrees F, as determined by a distillation 
range test using ASTM method D86-90, are allowed to be used at Reynolds' 
aluminum sheet cold rolling mills numbers 1 and 7. All incoming 
shipments of organic lubricant for the number 1 and 7 mills must be 
sampled and each sample must undergo a distillation range test to 
determine the initial and final boiling points using ASTM method D86-90. 
A grab rolling lubricant sample shall be taken from each operating mill 
on a monthly basis and each sample must undergo a distillation range 
test, to determine the initial and final boiling points, using ASTM 
method D86-90.
    (ii) An oil/water emulsion, with no more than 15 percent by weight 
of petroleum-based oil and additives, shall be the only lubricant used 
at Reynolds' aluminum sheet and plate hot rolling mills, 120 inch, 96 
inch, 80 inch, and 145 inch mills. A grab rolling lubricant sample shall 
be taken from each operating mill on a monthly basis and each sample 
shall be tested for the percent by weight of petroleum-based oil and 
additives by ASTM Method D95-83.

[[Page 358]]

    (iii) The temperature of the inlet supply of rolling lubricant for 
aluminum sheet cold rolling mills numbers 1 and 7 shall not exceed 150  
deg.F, as measured at or after (but prior to the lubricant nozzles) the 
inlet sump. The temperature of the inlet supply of rolling lubricant for 
the aluminum sheet and plate hot rolling mills, 120 inch, 96 inch, 80 
inch, and 145 inch mills shall not exceed 200  deg.F, as measured at or 
after (but prior to the lubricant nozzles) the inlet sump. Coolant 
temperatures shall be monitored at all the rolling mills by use of 
thermocouple probes and chart recorders or electronic data recorders.
    (iv) All distillation test results for cold mill lubricants, all 
percent oil test results for hot mill lubricants, all coolant 
temperature recording charts and/or temperature data obtained from 
electronic data recorders, and all oil/water emulsion formulation 
records, shall be kept on file, and be available for inspection by 
USEPA, for three years.
    (8) The control and recordkeeping requirements in this paragraph 
apply to the silk screen presses and associated ovens, cleaning 
operations and laminators at Parisian's Novelty Company (Parisian), 
Chicago, Illinois, facility, instead of the control requirements in 
paragraphs (x)(8) (u)(3) and (x)(3) of this section and the 
recordkeeping requirements in paragraph (x)(8)(y) of this section.
    (i) After March 1, 1993, no coatings or inks shall at any time be 
applied, at any coating or ink applicator, which exceed the following 
emission limitations for the specified coating or ink.
    (A) 6.65 pounds (lbs) volatile organic material (VOM) per gallon of 
ink (minus water and any compounds which are specifically exempted from 
the definition of VOM) as applied on Parisian's silk screen presses.
    (B) 6.4 lbs VOM per gallon of adhesive coating (minus water and any 
compounds which are specifically exempted from the definition of VOM) as 
applied on Parisian's laminators. Such adhesive is identified as MIX 
#963.
    (ii) After March 1, 1993, the volume of coating and ink used shall 
not exceed the following:
    (A) 2,556 gallons per year total for all inks. The yearly volume of 
inks used is to be calculated as follows:
    (1) Compute the volume of ink used each month by the 15th of the 
following month.
    (2) By the 15th of each month, add the monthly ink usage for the 12 
previous months (to obtain the yearly volume of ink used).
    (B) 780 gallons per year total for all coatings specified in 
paragraph (x)(8)(i)(B) of this section. The yearly volume of coatings 
used are to be calculated as specified in paragraphs (x)(8)(ii)(A)(1) 
and (x)(8)(ii)(A)(2) of this section.
    (iii) Beginning on March 1, 1993, the owner and operator of 
Parisian's plant in Chicago, Illinois, shall keep the following records 
for each month. All records shall be retained at Parisian for 3 years 
and shall be made available to the Administrator on request.
    (A) The name and identification number of each coating as applied on 
any laminator.
    (B) The weight of VOM per volume and the volume of each coating 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each month on any laminator.
    (C) The weight of VOM per volume and the volume of each type of ink 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each month on any screen press.
    (iv) After March 1, 1993, no more than 84 gallons per year of 
denatured alcohol may be used for cleaning labels at Parisian. The 
yearly volume of denatured alcohol used is to be calculated as specified 
in paragraphs (x)(8)(ii)(A)(1) and (x)(8)(ii)(A)(2) of this section. 
Beginning on March 1, 1993, Parisian shall keep monthly records of the 
type, volume, and VOM content of all solvents used for label cleaning. 
These records shall be retained at Parisian for 3 years and shall be 
made available to the Administrator on request.
    (v) After March 1, 1993, no more than 7,932 gallons per year of 
screen wash #956 may be used on Parisian's screen cleaner. The yearly 
volume of screen wash #956 used is to be calculated as specified in 
paragraphs (x)(8)(ii)(A)(1)

[[Page 359]]

and (x)(8)(ii)(A)(2) of this section. Beginning on March 1, 1993, 
Parisian shall keep monthly records of the type, volume, and VOM content 
of all cleaning compounds used on Parisian's screen cleaner. These 
records shall be retained at Parisian for 3 years and shall be made 
available to the Administrator on request.
    (vi) After March 1, 1993, only those cleaners specifically 
identified in paragraphs (x)(8)(iv) and (x)(8)(v) of this section may be 
used at Parisian.
    (9) The control requirements in this paragraph apply to the process 
sources listed in paragraph (x)(9)(i)(A) of this section at the Nalco 
Chemical Company facility in Bedford Park, Illinois, instead of the 
control requirements in paragraph (x)(3) of this section.
    (i) Production and Operation Restrictions.
    (A) On and after October 1, 1992, the maximum volatile organic 
compound (VOC) emissions per batch, the 12-month rolling average number 
of batches per year, and the peak limit of batches per month shall not 
exceed the following limits:

[[Page 360]]



------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Maximum VOC emissions, lb/                                                                                                                               
               Source                             batch                           12-mo. rolling average limit batch/yr                              Peak batch limit, batch/month              
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1) System 1 charge.................  0.16........................  280..............................................................  33.                                                      
    System 1 purge..................  1.35........................  .................................................................  .........................................................
(2) 24-T-156, 157...................  2.60........................  300..............................................................  33.                                                      
(3) 28-T-217, 234...................  0.23........................  402..............................................................  45.                                                      
(4) 28-T-214-216....................  5.70........................  603..............................................................  65.                                                      
(5) 20-R-182, 185...................  0.02........................  72...............................................................  8.                                                       
(6) 20-R-130........................  0.07........................  340..............................................................  38.                                                      
(7) 20-R-155........................  0.21........................  254..............................................................  29.                                                      
(8) 20-WT-174.......................  0.21........................  254..............................................................  29.                                                      
(9) 12-T-97-99......................  4.6E-4 lb/hr................  8,760 hr/yr......................................................  744 hr/mo.                                               
(10) 12-T-95........................  4.0E-6 lb/hr................  8,760 hr/yr......................................................  744 hr/mo.                                               
(11) 12-T-96........................  7.7E-5 lb/hr................  8,760 hr/yr......................................................  744 hr/mo.                                               
(12) 12-T-67, 73....................  0.003 lb/hr.................  8,760 hr/yr......................................................  744 hr/mo.                                               
(13) 20-T-121-122...................  0.85........................  312..............................................................  34.                                                      
(14) 20-T-123-125...................  5.4.........................  616..............................................................  68.                                                      
(15) 20-T-140, 142..................  8.0.........................  600..............................................................  65.                                                      
(16) 20-T-159.......................  0.31........................  416..............................................................  46.                                                      
(17) 20-R-193, 200..................  9.8.........................  540..............................................................  59.                                                      
(18) 32-R-300.......................  0.18........................  365..............................................................  41.                                                      
(19) 32-T-302.......................  0.21........................  365..............................................................  41.                                                      
(20) 32-T-304.......................  0.21........................  730..............................................................  81.                                                      
(21) 32-T-314.......................  0.23........................  365..............................................................  41.                                                      
(22) 32-T-322.......................  0.21........................  365..............................................................  41.                                                      
(23) 32-T-328.......................  0.23........................  365..............................................................  41.                                                      
(24) 10-T-61........................  0.001.......................  365--containing organic..........................................  31--containing organic.                                  
(25) 24-T-441, 166..................  0.12........................  730..............................................................  81.                                                      
(26) 25-T-284, 440, 443-444.........  0.28........................  730..............................................................  81.                                                      
(27) 25-T-170.......................  4E-6........................  104..............................................................  12.                                                      
(28) Tank truck loading.............  0.12 lb/truck...............  1,600 trucks/yr..................................................  134 trucks/mo.                                           
(29) System 2.......................  0.36........................  280..............................................................  33.                                                      
(30) System 4.......................  2.88........................  280..............................................................  33.                                                      
(31) 25-R-164.......................  0.10........................  365..............................................................  41.                                                      
(32) 25-R-205.......................  0.14........................  365..............................................................  41.                                                      
(33) Drum station...................  3.51........................  1,005............................................................  110.                                                     
(34) V-4SAC.........................  1.56........................  254..............................................................  29.                                                      
(35) 20-CT-155......................  13.90.......................  254..............................................................  29.                                                      
(36) 12-SE-100......................  1.10 lb/hr..................  8,760 hr/yr......................................................  744 hr/mo.                                               
(37) Drum exhaust hood A............  1.00........................  365--involving use of organic material...........................  31--involving use of organic material.                   
(38) 24-T-230.......................  0.98........................  730..............................................................  81.                                                      
(39) 8-CT-1.........................  0.002 lb/hr.................  8,760 hr/yr......................................................  744 hr/mo.                                               
(40) 9-CT-1.........................  0.002 lb/hr.................  8,760 hr/yr......................................................  744 hr/mo.                                               
(41) 10-CT-1........................  0.005 lb/hr.................  8,760 hr/yr......................................................  744 hr/mo.                                               
(42) 22-CT-1........................  0.003 lb/hr.................  8,760 hr/yr......................................................  744 hr/mo.                                               
(43) 25-CT-1........................  0.005 lb/hr.................  8,760 hr/yr......................................................  744 hr/mo.                                               
(44) 25-CT-2........................  0.002 lb/hr.................  8,760 hr/yr......................................................  744 hr/mo.                                               
(45) 29-CT-1........................  0.002 lb/hr.................  8,760 hr/yr......................................................  744 hr/mo.                                               
(46) 32-CT-1........................  0.005 lb/hr.................  8,760 hr/yr......................................................  744 hr/mo.                                               

[[Page 361]]

                                                                                                                                                                                                
(47) 36-CT-1........................  0.002 lb/hr.................  8,760 hr/yr......................................................  744 hr/mo.                                               
(48) 32-T-325.......................  0 a.........................  365..............................................................  41.                                                      
(49) 26-R-195.......................  0.1 a.......................  365..............................................................  41.                                                      
(50) Continuous polymer-blending....  0.1 lb/hr a.................  2,000 hr/yr......................................................  .........................................................
(51) Portafeed washer booth 1.......  0.84 lb/hr b................  4,160 hr/yr......................................................  744 hr/mo.                                               
(52) Portafeed washer booth 2.......  0.84 lb/hr b................  8,736 hr/yr......................................................  744 hr/mo.                                               
(53) 32-T-392.......................  4.4E-7......................  104..............................................................  12.                                                      
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
a Assumed value.                                                                                                                                                                                
b Based on monitoring data.                                                                                                                                                                     


[[Page 362]]

    (B) The following equation shall be used to calculate maximum VOC 
emissions per batch for the process sources listed in paragraphs 
(x)(9)(i)(A)(1) (charge only and (2) through (28) and (53) of this 
section:
Where:

ER = VOC emission rate;
Qo = Quantity of organic per batch or charge rate;
[GRAPHIC] [TIFF OMITTED] TR21MR95.000

Mv = Molecular weight of the volatile component;
P = Partial pressure of the volatile component for mixtures of liquid 
made up with more than one chemical; or vapor pressure for pure liquids 
made up of only one organic chemical; and
Constant 1 = (7.45 gal/ft3)x(385 ft3/mole)x(760 mmHg).

    (C) The following equation shall be used to calculate the VOC 
emissions per batch from the process sources listed in paragraph 
(x)(9)(i)(A)(1) of this section (purge only) and (29) through (32) of 
this section:
[GRAPHIC] [TIFF OMITTED] TR21MR95.001

Where:

PR=Nitrogen purge rate; and
Constant 2 = (385 ft3/mole)x(760 mmHg).

(D) The following equation shall be used to calculate the VOC emissions 
per batch from the drum station listed at paragraph (x)(9)(i)(A)(33) of 
this section:

ER(1b/batch) = (0.40 x [ER28-T-217-218])+(0.60 x [ER28-T-214-
216])

    (E) The following equation shall be used to calculate the VOC 
emissions per batch from the V-4SAC listed at paragraph (x)(9)(i)(A)(34) 
of this section:
[GRAPHIC] [TIFF OMITTED] TR21MR95.002

Where:

FR1mmHg = Maximum air flow rate to maintain 1 mmHg;
Ma = Molecular weight of air; and
Pv2 = Vapor pressure of organic at 65  deg.F and 760 mmHg.

    (F) The following equation shall be used to calculate the VOC 
emissions per batch from 20-CT-155 listed at paragraph (x)(9)(i)(A)(35) 
of this section:
[GRAPHIC] [TIFF OMITTED] TR21MR95.003


[[Page 363]]


Where:

ERtot = Total system emission rate calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR21MR95.004

Where:

Pv1 = Vapor pressure of organic at 200  deg.F and 350 mmHg.

    (G) The following equation shall be used to calculate the VOC 
emissions per hour from 12-SE-100 listed at paragraph (x)(9)(i)(A)(36) 
of this section:

ER(lb/hr) = Evap (gm/cm2sec)  x  area (cm2)  x  3600 sec/hr

Where:

Evap = Evaporation rate from a surface 8.93 cm  x  8.9 cm (lb/[cm2] 
[sec]) calculated using the following equation:

Evap = 10-7 Mv0.71  x  [0.034 (Pe - Pd) 
1.25 + 156 (Pe - Pd)]

Where:

Pe = Partial pressure of the component from the spilled liquid;
Pd = Partial pressure of the component in the incident air stream, 
assumed to be 0 mmhg; and
Area = Surface area of the liquid.

    (H) The following equation shall be used to calculate the VOC 
emissions per batch from the drum exhaust hood A listed at paragraph 
(x)(9)(i)(A)(37) of this section:
[GRAPHIC] [TIFF OMITTED] TR21MR95.005

Where:

FR = Air flow rate.

(I) The following equation shall be used to calculate the VOC emissions 
per batch from 24-T-230 listed at paragraph (x)(9)(i)(A)(38) of this 
section:
[GRAPHIC] [TIFF OMITTED] TR21MR95.006

Where:

VH = Head space volume at heated temperature 135 deg.F;
VA = Head space volume at ambient temperature 68 deg.F;
PP135 deg.F = Partial pressure of volatile component at 135 deg.F.
Constant 3 = (434 ft3/mole)(7.45 gal/ft3)x(760 mmHg)

(J) The following equations shall be used to calculate the VOC emissions 
per batch from the process sources listed in paragraph (x)(9)(i) (39) 
through (47) of this section:

[[Page 364]]

[GRAPHIC] [TIFF OMITTED] TR21MR95.007


Where:

VR = Refill volume;
t = Time between refills;
org = Fraction of organic component in product;
CB = Concentration of chemical B fed 3 times/week;
VT = Tower volume;
dB = Density of chemical B;
CC = Concentration of chemical C fed continuously;
Evap = Evaporation rate; and
dc = Density of chemical C.

    (K) The number of batches for each process source shall be 
calculated as follows:
    (1) Compute the monthly number of batches for each process source by 
the 15th day of the following month.
    (2) By the 15th day of each month, add the monthly number of batches 
for each process source for the 12 previous months to obtain the total 
number of batches per year.
    (ii) Recordingkeeping.
    (A) On and after October 1, 1992, the owner and operator of the 
Nalco Chemical Company facility in Bedford Park, Illinois, shall keep 
the following records for all process sources listed in paragraphs 
(x)(9)(i)(A) (1) through (53) of this section. These records shall be 
maintained for the units specified in paragraphs (x)(9)(i) (A) through 
(K) of this section, be compiled on a monthly basis, be retained at the 
facility for a period of 3 years, and be made available to the 
Administrator upon request.
    (B) [Reserved]
    (1) Calculations of the pounds per batch or pounds per hour (as 
appropriate) for each batch for each process source. This includes the 
information necessary for each calculation.
    (2) The monthly number of batches for each process source.
    (3) The total number of batches per year for the 12 previous months 
for each process source.
    (10) The control requirements in this paragraph apply to the storage 
tanks listed in paragraph (x)(10)(i)(A) of this section at the Nalco 
Chemical Company facility in Bedford Park, Illinois, instead of the 
control requirements in paragraph (x)(3) of this section.
    (i) Production and Operation Restrictions.
    (A) On and after October 1, 1992, the product of the molecular 
weight of vapor in each storage tank (Mv), the true vapor pressure 
at bulk liquid conditions for each tank (P), and the paint factor 
(Fp); the storage tank maximum yearly throughput for each tank; and 
the maximum monthly throughput for each tank shall not exceed the 
following limits:

------------------------------------------------------------------------
                                MV  x  P  x                             
                                 Fp, (lb)        Yearly        Monthly  
           Tank No.             (mmhg)/lb-     throughput,   throughput,
                                   mole          gal/yr       gal/month 
------------------------------------------------------------------------
(1) 24-T-147.................         45.4           56,250        4,688
(2) 24-T-150.................        227            266,450       22,204
(3) 24-T-151.................        227            266,450       22,204
(4) 24-T-158N................         18.9          173,830       14,486
(5) 24-T-158C................         18.0          110,190        9,183
(6) 24-T-158S................          1.17          52,010        4,334
(7) 24-T-160.................        226.8          266,450       22,204
(8) 24-T-161.................        227            182,450       15,204
(9) 24-T-162.................        473             93,900        7,825
(10) 20-T-101................          3.72          90,290        7,525
(11) 20-T-102................          1.80         122,900       10,242
(12) 20-T-103................        420             23,960        1,997

[[Page 365]]

                                                                        
(13) 20-T-104................        180            475,900       39,659
(14) 20-T-105................        370             52,360        4,363
(15) 20-T-106................      1,210            623,100       51,926
(16) 20-T-107................        294             90,040        7,503
(17) 20-T-108................      1,360             81,470        6,789
(18) 20-T-109................      1,390            167,060       13,922
(19) 20-T-153................        180             35,000        2,917
(20) 20-T-131 a..............  ............  ..............  ...........
(21) 20-T-132 a..............  ............  ..............  ...........
(22) 20-T-133 a..............  ............  ..............  ...........
(23) 20-T-134 a..............  ............  ..............  ...........
(24) 20-T-135 a..............  ............  ..............  ...........
(25) 20-T-136................         29.5          307,710       26,580
(26) 20-T-137 a..............                                           
(27) 20-T-138................         29.5          307,710       26,580
(28) 32-T-305................        288            785,550       65,462
(29) 32-T-306................         66.5          165,350       13,779
(30) 32-T-307................         66.5          294,750       24,563
(31) 32-T-308................         66.5          128,470       10,706
(32) 32-T-310................         66.5           77,290        6,441
(33) 32-T-311................         66.5          182,130       15,177
(34) 32-T-319................         50.0          688,950       57,413
(35) 32-T-320................         50.0          688,950       57,413
(36) 32-T-326................         70.0          248,440       20,703
(37) 32-T-331................         70.0          489,540       40,795
(38) 32-T-332................         70.0           70,380        5,865
(39) 32-T-333................         70.0          270,850       22,571
(40) 32-T-334................         70.0          210,610       18,267
(41) 32-T-335................         70.0          418,200       34,850
(42) 32-T-336................         70.0          632,460       52,706
(43) 32-T-337................        798             53,850        4,488
(44) 17-T-206................     27,000            300,760       25,063
(45) 17-T-208................     27,000            300,760       25,063
(46) 17-T-207................          2.48         180,180       15,016
(47) 17-T-209................          2.48         180,180       15,016
(48) 24-T-515................        331            216,860       18,072
(49) 25-T-282................          1.42       1,920,410      160,034
(50) 25-T-283................          1.42       1,920,410      160,034
(51) 24-T-442................         18.0           90,990        7,583
(52) 17-T-210................         47.9          582,990       48,583
(53) 17-T-211................         47.9          582,990       48,583
(54) 17-T-212................        508            728,420       60,702
(55) 17-T-213................        508            728,420       60,702
(56) 17-T-401................         50.0          131,970       10,998
(57) 17-T-402................         15.0          120,160       10,014
(58) 17-T-403................          6.20         127,770       10,648
(59) 17-T-404................         26.5        1,601,510      133,460
(60) 17-T-405................         50.0          113,830        9,486
(61) 17-T-406................         40.0          231,030       19,253
(62) 17-T-407................        206            135,180       11,265
(63) 17-T-409................        395            327,410       27,285
(64) 17-T-410................        395            129,290       10,774
(65) 17-T-411................         50.0          213,870       17,843
(66) 17-T-412................         50.0          277,840       23,153
(67) 17-T-414................         50.0           72,920        6,077
(68) 17-T-415................         50.0           56,140        4,678
(69) 17-T-416................        395            393,550       32,796
(70) 17-T-417................         23.4          233,780       19,482
(71) 17-T-418................        115            873,270       72,773
(72) 17-T-419................        119            278,460       23,205
(73) 17-T-420................        112            730,780       60,898
(74) 17-T-421................         25.2          300,010       25,001
(75) 17-T-422................        115            873,270       72,773
(76) 17-T-423................         23.4          215,060       17,922
(77) 17-T-424................         23.4          209,610       17,468
(78) 26-T-218................         50.0           64,890        5,408
(79) 26-T-219................          1.50         197,900       16,492
(80) 26-T-220................      2,460            160,020       13,336
(81) 26-T-221................         50.0           74,820        6,235
(82) 26-T-222................         80.0           66,590        5,550
(83) 26-T-224................          4.80         225,290       18,774
(84) 26-T-225................         50.0           36,610        3,051

[[Page 366]]

                                                                        
(85) 26-T-226................        294             47,390        3,949
(86) 26-T-227................         50.0           63,040        5,253
(87) 26-T-228................        500            136,150       11,346
(88) 26-T-229................         50.0          112,970        9,414
(89) 26-T-231................         23.4          319,610       26,634
(90) 26-T-232................        117            564,280       47,024
(91) 26-T-233................         23.4          539,700       44,975
(92) 27-T-245................         21.6          361,970       30,165
(93) 27-T-246................        348            141,820       11,818
(94) 27-T-247................         23.4           71,670        5,972
(95) 27-T-248................        198             96,010        8,001
(96) 27-T-249................        927             51,240        4,270
(97) 27-T-250................        110            433,030       36,086
(98) 27-T-251................        396             45,440        3,787
(99) 27-T-252................         21.6          171,370       14,281
(100) 27-T-253...............        348            237,900       19,825
(101) 26-T-192...............         10.0          117,950        9,829
(102) 27-T-278...............          0.62          74,910        6,243
(103) 27-T-279...............          0.18         583,760       48,647
(104) 27-T-285...............         21.6          459,530       38,294
(105) 27-T-286...............         21.6          459,530       38,294
(106) 25-T-201...............         19.8          143,550       11,963
(107) 32-T-388...............          0.07         499,340       41,612
(108) 32-T-389...............          0.07         499,340       41,612
(109) 32-T-390...............        288            808,310      583,340
(110) 32-T-391...............          1.42          800,00      583,340
------------------------------------------------------------------------
a Tank not in use.                                                      

    (B) The throughput shall be calculated as follows:
    (1) Compute the monthly throughput for each tank by the 15th day of 
the following month.
    (2) By the 15th day of each month, add the monthly throughputs for 
the 12 previous months to obtain the yearly throughput.
    (ii) Recordkeeping. (A) On and after October 1, 1992, the owner and 
operator of the Nalco Chemical Company facility in Bedford Park, 
Illinois, shall keep the following records for all storage tanks. These 
records shall be compiled on a monthly basis, be retained at the 
facility for a period of 3 years, and be made available to the 
Administrator upon request.
    (1) The molecular weight of vapor in each storage tank (Mv), 
the true vapor pressure at bulk liquid conditions for each tank (P), the 
paint factor (Fp), and their product. Fp shall be determined 
from Table 4.3-1 of ``Compilation of Air Pollutant Emission Factors, 
Volume I: Stationary Point and Area Sources,'' AP-42, September 1985.
    (2) The monthly throughput.
    (3) The total throughput per year for the 12 previous months.
    (B) [Reserved]
    (iii) Test Methods. (A) The true vapor pressure at bulk liquid 
temperature shall be determined by using the procedures specified in 
paragraph (a)(8) of this section.
    (B) The molecular weight of vapor in the storage tank shall be 
determined by using Table 4.3-2 ``Compilation of Air Pollutant Emission 
Factors, Volume I: Stationary Point and Area Sources,'' AP-42, September 
1985, or by analysis of vapor samples. Where mixtures of organic liquids 
are stored in a tank, Mv shall be estimated from the liquid 
composition using the following equation:
[GRAPHIC] [TIFF OMITTED] TR21MR95.008


[[Page 367]]


Where:

Ma=Molecular weight of pure component a;
Pa=Vapor pressure of pure component a;
Xa=Mole fraction of pure component a in the liquid;
Mb=Molecular weight of pure component b;
Pb=Vapor pressure of pure component b;
Xb=Mole fraction of pure component b in the liquid; and
Pt=PaX2+PbXb.

    (11) The control requirements in this paragraph apply to the 
fugitive emission sources listed in paragraph (x)(11)(i)(A) of this 
section at the Nalco Chemical Company facility in Bedfore Park, 
Illinois, instead of the control requirements in paragraph (x)(3) of 
this section.
    (i) Production and Operation Restrictions.
    (A) On and after October 1, 1992, all components (e.g., pumps, 
valves, flanges, pressure relief valves (PRV's), and open end lines) at 
the specified locations (e.g., Building 32--Tube Reactor System, etc.), 
and in the specified type of service (e.g., heavy liquid stratified, 
light liquid stratified, etc.) shall be limited by the maximum monthly 
hours in the following table:
    (ii) Recordkeeping.
    (A) On and after October 1, 1992, the owner and operator of the 
Nalco Chemical Company facility in Bedford Park, Illinois, shall keep 
the following records for all fugitive emission sources. These records 
shall be compiled on a monthly basis, be retained at the facility for a 
period of 3 years, and be made available to the Administrator upon 
request.
    (1) The total number of hours of organic service for each component 
at each location specified in paragraphs (x)(11)(i)(A) (1) through (10) 
of this section.
    (2) The vapor pressure of each organic compound in each component at 
each location specified in paragraphs (x)(11)(i)(A) (1) through (10) of 
this section.
    (B) [Reserved]
    (12) The control and recordkeeping and reporting requirements, as 
well as the test methods in this paragraph, apply to the gravure and 
screen press operations at the Meyercord Corporation (Meyercord) in 
Carol Stream, Illinois, instead of the requirements in paragraphs (x)(1) 
through (x)(5) of this section.
    (i) After July 1, 1991, no materials which contain volatile organic 
material (VOM), including coatings, inks, and cleaning material, may be 
used at any gravure or screen press unless the total VOM emissions 
remain below 100 tons of VOM for every consecutive 365-day period, or 
fraction thereof, starting on July 1, 1991. A new 365-day period starts 
on each day. The VOM emissions, which are to be calculated on a daily 
basis, are to be added to the VOM emissions for the prior 364 days (but 
not including any day prior to July 1, 1991). VOM emissions are based 
upon the VOM content of the material and the volume of material used. 
The effect of add-on control equipment is not considered in calculating 
VOM emissions; that is, the VOM emissions are to be determined as if the 
press(es) do(es) not have add-on control equipment. The applicable test 
methods and procedures specified in paragraph (a)(4) of this section are 
to be used in determining daily VOM emissions.
    (ii) The VOM content of each coating, ink, and cleaning solution 
shall be determined by the applicable test methods and procedures 
specified in paragraph (a)(4) of this section to establish the records 
required under paragraph (x)(12)(ii) of this section. Beginning on July 
1, 1991, the owner or operator of the subject presses shall collect and 
record all of the following information each day and maintain the 
information at the facility for 3 years:
    (A) The name and identification number of each coating, ink, and 
cleaning solution as applied on any press.
    (B) The pounds (lbs) of VOM per gallon of each coating, ink, and 
cleaning solution (minus water and any compounds which are specifically 
exempted from the definition of VOM) as applied on any press.
    (C) The total gallons of each coating, ink, and cleaning solution 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) used per day.

[[Page 368]]

    (D) The total lbs of VOM contained in the volume of each coating, 
ink, and cleaning solution used per day on any press. The lbs of VOM per 
day is to be calculated by multiplying the lbs of VOM per gallon (minus 
water and any compounds which are specifically exempted from the 
definition of VOM) times the gallons (minus water and any compounds 
which are specifically exempted from the definition of VOM) used per 
day.
    (E) The total lbs of VOM per day from all coatings, inks, and 
cleaning solutions used on all presses. The total lbs of VOM per day is 
to be obtained by adding the lbs of VOM per day contained in all 
coatings, inks, and cleaning solutions.
    (F) Within 7 days after each 365-day period, the VOM emissions (as 
calculated in paragraph (x)(12)(ii)(E)) of this section before add-on 
control, from the 365-day period, are to be determined.
    Starting on July 7, 1992, VOM emissions are to be determined for the 
365 days ending 7 days earlier. Each day concludes a new 365-day period. 
However, no VOM emissions are to be included for any days prior to July 
1, 1991. For example, on July 17, 1991, the emissions from July 1, 
through July 10, 1991, are to be included, whereas on January 7, 1994, 
the emissions from January 1, 1993, through December 31, 1993, are to be 
included.
    (13) The control and recordkeeping and reporting requirements, as 
well as the test methods in this paragraph, apply to the sheet fed cold 
set presses and web heatset presses at the Wallace Computer Services, 
Inc. (Wallace) printing and binding plant in Hillside, Illinois, instead 
of the requirements in 40 CFR 52.741(h) and 40 CFR 52.741(x)(1) through 
40 CFR 52.741(x)(5).
    (i) After July 1, 1991, no inks shall at any time be applied, at the 
presses indicated below, which exceed the pounds (lbs) volatile organic 
material (VOM) per gallon of ink (minus water and any compounds which 
are specifically exempted from the definition of VOM) limit established 
for each press. After July 1, 1991, the yearly volume of ink used at 
each press, in gallons of ink (minus water and any compounds which are 
specifically exempted from the definition of VOM) per year, shall not 
exceed the gallons per year limit established below for each press. The 
yearly volume of ink used per press is to be calculated according to the 
procedure in paragraph (x)(13)(iii) of this section.

------------------------------------------------------------------------
                                                      Lbs VOM/          
                        Press                          gallon   Gallons/
                                                        ink     year ink
------------------------------------------------------------------------
14..................................................     1.68        276
16..................................................     1.68       1896
22..................................................     3.01       2712
23..................................................     3.01      13140
25..................................................     3.01      12720
26..................................................     3.01       4764
------------------------------------------------------------------------

    (ii) After July 1, 1991, no materials (other than those inks subject 
to the limits in paragraph (x)(13)(i)) of this section, shall at any 
time be applied or used, at the presses indicated below, which exceed 
the lbs VOM per gallon of material (minus water and any compounds which 
are specifically exempted from the definition of VOM) limit established 
for each press. After July 1, 1991, the yearly volume of material 
(excluding ink and water) used at each press, in gallons of material 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) per year, shall not exceed the gallons per year limit 
established for each press. The yearly volume of material (excluding ink 
and water) used per press is to be calculated according to the procedure 
in paragraph (x)(13)(iii) of this section.

------------------------------------------------------------------------
                                                     Lbs VOM/   Gallons/
                       Press                          gallon      year  
                                                     material   material
------------------------------------------------------------------------
14.................................................       6.9        612
16.................................................       6.9      8,340
22.................................................       7.1        360
23.................................................       7.1        480
25.................................................       7.1        516
26.................................................       7.1      1,848
------------------------------------------------------------------------

    (iii) The yearly volume of ink/material used is to be calculated as 
follows:
    (A) Compute the volume of ink/material used each month per press by 
the 15th of the following month.
    (B) By the 15th of each month, add the monthly ink/material usage 
per press for the 12 previous months (to obtain the yearly volume of ink 
used).

[[Page 369]]

    (iv) Beginning on July 1, 1991, the owner and operator of Wallace's 
plant in Hillside, Illinois, shall keep the following records for each 
press for each month. All records shall be retained by Wallace for 3 
years and shall be made available to the Administrator on request:
    (A) The name and identification number of each ink, fountain 
solution, fountain solution additive, cleaning solvent, and other VOM 
containing material as applied or used.
    (B) The weight of VOM per volume of each ink, fountain solution, 
fountain solution additive, cleaning solvent, and each other VOM 
containing material (minus water and any compounds which are 
specifically exempted from the definition of VOM) as applied or used 
each month.
    (C) The volume of ink (minus water and any compounds which are 
specifically exempted from the definition of VOM) as applied each month.
    (D) The total volume of miscellaneous VOM containing materials 
(minus water and any compounds which are specifically exempted from the 
definition of VOM), other than inks, that are used each month.
    (v) Any record showing a violation of paragraph (x)(13)(i) or 
(x)(13)(ii) of this section shall be reported by sending a copy of such 
record to the Administrator within 30 days of the violation.
    (vi) To determine compliance with paragraphs (x)(13)(i) and 
(x)(13)(ii) of this section and to establish the records required under 
paragraph (x)(13)(iv) of this section the VOM content of each ink and 
miscellaneous VOM containing material shall be determined by the 
applicable test methods and procedures specified in paragraph (a)(4) of 
this section.
    (14) The control and recordkeeping and reporting requirements, as 
well as the test methods in this paragraph, apply to the power-operated 
silk screen presses, the hand screen presses, the screen adhesive 
printing lines, the Andreotti rotogravure press, the Halley Rotogravure 
press, and the Viking press at the American Decal and Manufacturing 
Company's plant in Chicago, Illinois, instead of the requirements in 
paragraphs (h) and (x)(1) through (x)(5) of this section. The emissions 
from the sources listed above (in paragraph (x)(14) of this section) are 
to be included in the calculation of ``maximum theoretical emissions'' 
for determining applicability for any other sources (for which 
applicability is based on the quantity of maximum theoretical emissions) 
at American Decal and Manufacturing Company's Chicago plant not included 
in paragraph (x)(14) of this section.
    (i) After July 24, 1992, no inks, coatings, thinner, clean-up 
material or other VOC-containing material shall at any time be applied, 
at the presses/printing lines listed above (in paragraph (x)(14) of this 
section), which exceed the VOC content (in percent by weight VOC) limit 
established below. After July 24, 1992, the yearly usage (in weight of 
material applied) of ink, coating, thinner, clean-up material, and other 
VOC-containing material, shall not exceed the applicable pounds per year 
limit established below. The yearly weight of ink, coating, thinner, 
clean-up material, and other VOC-containing material is to be calculated 
according to the procedure in paragraph (x)(14)(ii) of this section.

------------------------------------------------------------------------
                                                                 Weight 
                      Material                          Usage    Percent
                                                      (lbs/yr)     VOC  
------------------------------------------------------------------------
#6 ink..............................................     9,076      56.8
#7 ink..............................................     1,278      54.2
#2 ink..............................................     2,911      72.7
Blue N.C. lacq......................................       394      64.3
Black M lacq........................................       753      61.6
4B9L Clear..........................................     2,451      77.1
4B9L H Clear........................................     3,360      75.0
Flow-Out Agent......................................     1,795      97.1
D.S. Stamp lacq.....................................     1,047      62.0
Dull write-on.......................................        86      71.6
AH-16...............................................       621      84.5
Thinner (#7,6)......................................     2,350     100.0
Exon 470............................................     1,668      65.4
9L Clear............................................     2,451      77.1
White M lacq........................................     3,467      47.0
Tedlar Gr. Vehicle..................................     1,050      66.7
TH-98...............................................    22,047      73.2
TH-57...............................................        59      69.5
TH-14M..............................................    16,520       0.7
PS 160..............................................    10,644       3.0
#1 tint.............................................     4,872      69.3
#2 tint.............................................     4,256      83.7
Roto Color..........................................    13,884      62.0
1st SS White........................................    25,740      51.5
2nd SS White........................................    25,740      51.5
Clean Up............................................   108,742     100.0
Other Materials.....................................       400     100.0
------------------------------------------------------------------------

    (ii) The yearly weight of material used is to be calculated as 
follows:
    (A) Compute the weight of each ink, coating, thinner, clean-up 
material,

[[Page 370]]

and other VOC-containing material used each month by the 15th of the 
following month.
    (B) By the 15th of each month, add the monthly usage (in pounds) for 
each ink, coating, thinner, clean-up material, and other VOC-containing 
material for the twelve previous months (to obtain the yearly weight of 
each ink, coating, thinner, clean-up material used). A comparison of 
these yearly usage levels (in pounds) with purchase records must be made 
to ensure the accuracy of the monthly usage levels (in pounds) obtained 
to satisfy paragraph (x)(14)(ii)(A) of this section.
    (iii) Beginning on August 1, 1992, the owner and operator of the 
American Decal and Manufacturing Company plant in Chicago, Illinois, 
shall keep the following records for each ink, coating, thinner, clean-
up material, and other VOC-containing material for each month. All 
records shall be kept by the American Decal and Manufacturing Company 
for 3 years and shall be made available to the Administrator on request:
    (A) The name and identification number of each ink, coating, 
thinner, clean-up material, and other VOC-containing material as applied 
or used.
    (B) The weight percent VOC of each ink, coating, thinner, clean-up 
material, and each other VOC-containing material as applied or used each 
month.
    (C) The as applied weight of each ink, coating, thinner, clean-up 
material, and other VOC-containing material used each month.
    (iv) Any record showing a violation of paragraph (x)(14)(i) of this 
section after October 20, 1995 shall be reported by sending a copy of 
such record to the Administrator within 30 days of the violation.
    (v) To determine compliance with paragraph (x)(14)(i) of this 
section and to establish the records required under paragraph 
(x)(14)(iii) of this section, the weight percent VOC of each ink, 
coating, thinner, clean-up material, and other VOC-containing material 
shall be determined by the applicable test methods and procedures 
specified in paragraph (a)(4) of this section. Any material reported to 
be 100 percent VOC does not have to be tested for weight percent VOC.
    (y) Recordkeeping and reporting for non-CTG sources--(1) Exempt 
emission sources. Upon request by the Administrator, the owner or 
operator of an emission source which is exempt from the requirements of 
paragraphs (u), (v), (w), (x), or (e)(3)(ii) of this section shall 
submit records to the Administrator within 30 calendar days from the 
date of the request that document that the emission source is exempt 
from those requirements.
    (2) Subject emission sources. (i) Any owner or operator of a VOM 
emission source which is subject to the requirements of paragraph (u), 
(v), (w) or (x) of this section and complying by the use of emission 
capture and control equipment shall comply with the following:
    (A) By July 1, 1991, or upon initial start-up of a new emission 
source, the owner or operator of the subject VOM emission source shall 
perform all tests and submit to the Administrator the results of all 
tests and calculations necessary to demonstrate that the subject 
emission source will be in compliance on and after July 1, 1991, or on 
and after the initial start-up date.
    (B) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a subject VOM emission source shall 
collect and record all of the following information each day and 
maintain the information at the facility for a period of three years:
    (1) Control device monitoring data.
    (2) A log of operating time for the capture system, control device, 
monitoring equipment and the associated emission source.
    (3) A maintenance log for the capture system, control device and 
monitoring equipment detailing all routine and non-routine maintenance 
performed including dates and duration of any outages.
    (C) On and after July 1, 1991, the owner or operator of a subject 
VOM emission source shall notify the Administrator in the following 
instances:
    (1) Any record showing a violation of the requirements of paragraphs 
(u), (v), (w), or (x) of this section shall be reported by sending a 
copy of such record to the Administrator within 30 days

[[Page 371]]

following the occurrence of the violation.
    (2) At least 30 calendar days before changing the method of 
compliance with paragraphs (u) or (x) of this section from the use of 
capture systems and control devices to the use of complying coatings, 
the owner or operator shall comply with all requirements of paragraph 
(y)(2)(ii)(A) of this section. Upon changing the method of compliance 
with paragraphs (u) or (x) of this section from the use of capture 
systems and control devices to the use of complying coatings, the owner 
or operator shall comply with all requirements of paragraph (y)(2)(ii) 
of this section.
    (ii) Any owner or operator of a coating line which is subject to the 
requirements of paragraphs (u) or (x) of this section and complying by 
means of the daily-weighted average VOM content limitation shall comply 
with the following:
    (A) By July 1, 1991, or upon initial start-up of a coating line 
subject to paragraph (u) or (x) of this section; the owner or operator 
of the subject coating line shall certify to the Administrator that the 
coating line will be in compliance on and after July 1, 1991, or on and 
after the initial start-up date. Such certification shall include:
    (1) The name and identification number of each coating line which 
will comply by means of the daily-weighted average VOM content 
limitation.
    (2) The name and identification number of each coating as applied on 
each coating line.
    (3) The weight of VOM per volume and the volume of each coating 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each day on each coating line.
    (4) The instrument or method by which the owner or operator will 
accurately measure or calculate the volume of each coating as applied 
each day on each coating line.
    (5) The method by which the owner or operator will create and 
maintain records each day as required in paragraph (y)(2)(ii)(B) of this 
section.
    (6) An example of the format in which the records required in 
paragraph (y)(2)(ii)(B) of this section will be kept.
    (B) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a subject coating line shall collect and 
record all of the following information each day for each coating line 
and maintain the information at the facility for a period of three 
years:
    (1) The name and identification number of each coating as applied on 
each coating line.
    (2) The weight of VOM per volume and the volume of each coating 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each day on each coating line.
    (3) The daily-weighted average VOM content of all coatings as 
applied on each coating line as defined in paragraph (a)(3) of this 
section.
    (C) On and after July 1, 1991, the owner or operator of a subject 
coating line shall notify the Administrator in the following instances:
    (1) Any record showing violation of the requirements of paragraph 
(u) or (x) of this section shall be reported by sending a copy of such 
record to the Administrator within 30 days following the occurrence of 
the violation.
    (2) At least 30 calendar days before changing the method of 
compliance with paragraph (u) or (x) of this section from the use of 
complying coatings to the use capture systems and control devices, the 
owner or operator shall comply with all requirements of paragraph 
(y)(2)(i)(A) of this section. Upon changing the method of compliance 
with paragraphs (u) or (x) of this section from the use of complying 
coatings to the use capture systems and control devices, the owner or 
operator shall comply with all requirements of paragraph (y)(2)(i) of 
this section.
    (iii) Any owner or operator of a VOM emission source which is 
subject to the requirements of paragraphs (u), (v), (w) or (x) of this 
section and complying by means of an alternative control plan which has 
been approved by the Administrator as a SIP or FIP revision shall comply 
with the recordkeeping and reporting requirements specified in the 
altenative control plan.

[[Page 372]]

    (z) Rules stayed. Not withstanding any other provision of this 
subpart, the effectiveness of the following rules is stayed as indicated 
below.
    (1) [Reserved]
    (2) Compliance with all of 40 CFR 52.741 is stayed for 60 days (July 
1, 1991, until August 30, 1991) as it pertains to the following parties: 
The Illinois Environmental Regulatory Group including its approximately 
40 member firms; Allsteel, Incorporated; Riverside Laboratories, 
Incorporated; the Printing Industry of Illinois/Indiana Association 
including its member firms, and R.R. Donnelley & Sons Company; the rules 
applicable to General Motors Corporation; Reynolds Metals Company; 
Stepan Company; and Duo-Fast Corporation. Final compliance for these 
parties is extended 60 days from July 1, 1991 until August 30, 1991.
    (3) The following rules are stayed from July 23, 1991, until USEPA 
completes its reconsideration as indicated:
    (i) 40 CFR 52.741(e) only as it applies to Duo-Fast Corporation's 
Franklin Park, Illinois ``power-driven metal fastener'' manufacturing 
facility, and
    (ii) 40 CFR 52.741 (w) and (y) only as it applies to Stepan 
Company's miscellaneous organic chemical manufacturing processes at its 
manufacturing facility located near Millsdale, Illinois.
    When USEPA concludes its reconsideration, it will publish its 
decision and any actions required to effectuate that decision in the 
Federal Register.
    (4)-(5)  [Reserved]

 Appendix A--List of Chemicals Defining Synthetic Organic Chemical and 
                          Polymer Manufacturing

------------------------------------------------------------------------
              OCPDB No.\1\                           Chemical           
------------------------------------------------------------------------
20.....................................  Acetal.                        
30.....................................  Acetaldehyde.                  
40.....................................  Acetaldol.                     
50.....................................  Acetamide.                     
65.....................................  Acetanilide.                   
70.....................................  Acetic acid.                   
80.....................................  Acetic anhydride.              
90.....................................  Acetone.                       
100....................................  Acetone cyanohydrin.           
110....................................  Acetonitrile.                  
120....................................  Acetophenone.                  
125....................................  Acetyl chloride.               
130....................................  Acetylene.                     
140....................................  Acrolein.                      
150....................................  Acrylamide.                    
160....................................  Acrylic acid & esters.         
170....................................  Acrylonitrile.                 
180....................................  Adipic acid.                   
185....................................  Adiponitrile.                  
190....................................  Alkyl naphthalenes.            
200....................................  Allyl alcohol.                 
210....................................  Allyl chloride.                
220....................................  Aminobenzoic acid.             
230....................................  Aminoethylethanolamine.        
235....................................  p-aminophenol.                 
240....................................  Amyl acetates.                 
250....................................  Amyl alcohols.                 
260....................................  Amyl amine.                    
270....................................  Amyl chloride.                 
280....................................  Amyl mercaptans.               
290....................................  Amyl phenol.                   
300....................................  Aniline.                       
310....................................  Aniline hydrochloride.         
320....................................  Anisidine.                     
330....................................  Anisole.                       
340....................................  Anthranilic acid.              
350....................................  Anthraquinone.                 
360....................................  Benzaldehyde.                  
370....................................  Benzamide.                     
380....................................  Benzene.                       
390....................................  Benzenedisulfonic acid.        
400....................................  Benzene-sulfonic acid.         
410....................................  Benzil.                        
420....................................  Benzilic acid.                 
430....................................  Benzoic acid.                  
440....................................  Benzoin.                       
450....................................  Bennzonitrile.                 
460....................................  Benzophenone.                  
480....................................  Benzotrichloride.              
490....................................  Benzoyl chloride.              
500....................................  Benzyl chalcohol.              
510....................................  Benzyl amine.                  
520....................................  Benzyl benzoate.               
530....................................  Benzyl chloride.               
540....................................  Benzyl dichloride.             
550....................................  Biphenyl.                      
560....................................  Bisphenol A.                   
570....................................  Bromobenzene.                  
580....................................  Bromonaphthalene.              
590....................................  Butadiene.                     
592....................................  1-butene.                      
600....................................  n-butyl acetate.               
630....................................  n-butyl acrylate.              
640....................................  n-butyl alcohol.               
650....................................  s-butyl alcohol.               
660....................................  t-butyl alcohol.               
670....................................  n-butylamine.                  
680....................................  s-butylamine.                  
690....................................  t-butylamine.                  
700....................................  p-pert-butyl benzoic acid.     
750....................................  n-butyraldehyde.               
760....................................  Butyric acid.                  
770....................................  Butyric anhydride.             
780....................................  Butyronitrile.                 
785....................................  Caprolactam.                   
790....................................  Carbon disulfide.              
800....................................  Carbon tetrabromide.           
810....................................  Carbon tetrachloride.          
820....................................  Cellulose acetate.             
840....................................  Chloroacetic acid.             
850....................................  m-chloroaniline.               
860....................................  o-chloroaniline.               
870....................................  p-chloroaniline.               
880....................................  Chlorobenzaldehyde.            
890....................................  Chlorobenzene.                 
900....................................  Chlorobenzoic acid.            
905....................................  Chlorobenzotrichloride.        
910....................................  Chlorobenzoyl chloride.        
920....................................  Chlorodifluoroethane.          
921....................................  Chlorodifluoromethane.         
930....................................  Chloroform                     

[[Page 373]]

                                                                        
940....................................  Chloronaphthalene.             
950....................................  o-chloronitrobenzene.          
951....................................  p-chloronitrobenzene.          
960....................................  Chlorophenols.                 
964....................................  Chloroprene.                   
965....................................  Chlorosulfonic acid.           
970....................................  m-chlorotoluene.               
980....................................  o-chlorotoluene.               
990....................................  p-chlorotoluene.               
992....................................  Chlorotrifluoromethane.        
1000...................................  m-cresol.                      
1010...................................  o-cresol.                      
1020...................................  p-cresol.                      
1021...................................  Mixed cresols.                 
1030...................................  Cresylic acid.                 
1040...................................  Crontonaldehyde.               
1050...................................  Crontonic acid.                
1060...................................  Cumene.                        
1070...................................  Cumene hydroperoxide.          
1080...................................  Cyanoacetic acid.              
1090...................................  Cyanogen chloride.             
1100...................................  Cyanuric acid.                 
1110...................................  Cyanuric chloride.             
1120...................................  Cychohexane.                   
1130...................................  Cyclohexanol.                  
1140...................................  Cyclohexanone.                 
1150...................................  Cyclohexene.                   
1160...................................  Cyclohexylamine.               
1170...................................  Cyclooctadiene.                
1180...................................  Decanol.                       
1190...................................  Diacetone alcohol.             
1200...................................  Diaminobenzoic acid.           
1210...................................  Dichloroaniline.               
1215...................................  m-dichlorobenzene.             
1216...................................  o-dichlorobenzene.             
1220...................................  p-dichlorobenzene.             
1221...................................  Dichlorodifluoromethane.       
1240...................................  Dichloroethyl ether 1,2-       
                                          dichloroethane.               
1250...................................  Dichlorohydrin                 
1270...................................  Dichloropropene.               
1280...................................  Dicyclohexylamine.             
1290...................................  Diethylamine.                  
1300...................................  Diethylene glycol.             
1304...................................  Diethylene glycol diethyl      
                                          ether.                        
1305...................................  Diethylene glycol dimethyl     
                                          ether.                        
1310...................................  Diethylene glycolmonobutyl     
                                          ether.                        
1320...................................  Diethylene glycolmonobutyl     
                                          ether acetate.                
1330...................................  Diethylene glycolmonoethyl     
                                          ether.                        
1340...................................  Diethylene glycolmonoethyl     
                                          ether acetate.                
1360...................................  Diethylene glycolmonomethyl    
                                          ether.                        
1420...................................  Diethyl sulfate.               
1430...................................  Difluoroethane.                
1440...................................  Diisobutylene.                 
1442...................................  Diisodecyl phthalate.          
1444...................................  Diisooctyl phthalate.          
1450...................................  Diketene.                      
1460...................................  Dimethylamine.                 
1470...................................  N,N-dimethylaniline.           
1480...................................  N,N-dimethylether.             
1490...................................  N,N-dimethylformamide.         
1495...................................  Dimethylhydrazine.             
1500...................................  Dimethyl sulfate.              
1510...................................  Dimethyl sulfide.              
1520...................................  Dimethylsulfoxide.             
1530...................................  Dimethylterephthalate.         
1540...................................  3,5-dinitrobenzoic acid.       
1545...................................  Dinitrophenol.                 
1560...................................  Dioxane.                       
1570...................................  Dioxolane.                     
1580...................................  Diphenylamine.                 
1590...................................  Diphenyl oxide.                
1600...................................  Diphenyl thiourea.             
1610...................................  Dipropylene glycol.            
1620...................................  Dodecene.                      
1630...................................  Dodecylaniline.                
1640...................................  Dodecylphenol.                 
1650...................................  Epichlorohydrin.               
1660...................................  Ethanol.                       
1661...................................  Ethanolamines.                 
1670...................................  Ethyl acetate.                 
1680...................................  Ethyl acetoacetate.            
1690...................................  Ethyl acrylate.                
1700...................................  Ethylamine.                    
1710...................................  Ethylbenzene.                  
1720...................................  Ethyl bromide.                 
1730...................................  Ethylcellulose.                
1740...................................  Ethyl chloride.                
1750...................................  Ethyl chloroacetate.           
1760...................................  Ethylcyanoacetate.             
1770...................................  Ethylene.                      
1780...................................  Ethylene carbonate.            
1790...................................  Ethylene chlorodhydrin.        
1800...................................  Ethylenediamine.               
1810...................................  Ethylene dibromide.            
1830...................................  Ethylene glycol.               
1840...................................  Ethylene glycol diacetate.     
1870...................................  Ethylene glycol dimethyl ether.
1890...................................  Ethylene glycol monobutyl      
                                          ether.                        
1900...................................  Ethylene glycol monobutyl ether
                                          acetate.                      
1910...................................  Ethylene glycol monoethyl      
                                          ether.                        
1920...................................  Ethylene glycol monoethyl ether
                                          acetate.                      
1930...................................  Ethylene glycol monoethyl      
                                          ether.                        
1940...................................  Ethylene glycol monomethyl     
                                          ether acetate.                
1960...................................  Ethylene glycol monophenyl     
                                          ether.                        
1970...................................  Ethylene glycol monopropyl     
                                          ether.                        
1980...................................  Ethylene oxide.                
1990...................................  Ethyl ether.                   
2000...................................  2-ethylhexanol.                
2010...................................  Ethyl orthoformate.            
2020...................................  Ethyl oxalate.                 
2030...................................  Ethyl sodium oxalacetate.      
2040...................................  Formaldehyde.                  
2050...................................  Formamide.                     
2060...................................  Formic acid.                   
2070...................................  Fumaric acid.                  
2073...................................  Furfural.                      
2090...................................  Glycerol (Synthetic).          
2091...................................  Glycerol dichlorohydrin.       
2100...................................  Glycerol triether.             
2110...................................  Glycine.                       
2120...................................  Glyoxal.                       
2145...................................  Hexachlorobenzene.             
2150...................................  Hexachloroethane.              
2160...................................  Hexadecyl alcohol.             
2165...................................  Hexamethylenediamine.          
2170...................................  Hexamethylene glycol.          
2180...................................  Hexamethylentetramine.         
2190...................................  Hydrogen cyanide.              
2200...................................  Hydroquinone.                  
2210...................................  p-hydroxy-benzoic acid.        
2240...................................  Isoamylene.                    
2250...................................  Isobutanol.                    
2260...................................  Isobutyl acetate.              
2261...................................  Isobutylene.                   
2270...................................  Isobutyraldehyde.              
2280...................................  Isobutyric acid.               
2300...................................  Isodecanol.                    
2320...................................  Isooctyl alcohol.              
2321...................................  Isopentane.                    
2330...................................  Isophorone.                    
2340...................................  Isophthalic acid.              
2350...................................  Isoprene.                      
2360...................................  Isopropanol.                   
2370...................................  Isopropyl acetate.             
2380...................................  Isopropylamine.                
2390...................................  Isopropyl chloride.            

[[Page 374]]

                                                                        
2400...................................  Isopropylphenol.               
2410...................................  Ketene.                        
2414...................................  Linear alkylsulfonate.         
2417...................................  Linear alkylbenzene.           
2420...................................  Maleic acid.                   
2430...................................  Maleic anhydride.              
2440...................................  Malic acid.                    
2450...................................  Mesityl oxide.                 
2455...................................  Metanilic acid.                
2460...................................  Methacrylic acid.              
2490...................................  Methallyl chloride.            
2500...................................  Methanol.                      
2510...................................  Methyl acetate.                
2520...................................  Methyl acetoacetate.           
2530...................................  Methylamine.                   
2540...................................  n-methylaniline.               
2545...................................  Methyl bromide.                
2550...................................  Methyl butynol.                
2560...................................  Methyl chloride.               
2570...................................  Methyl cyclohexane.            
2590...................................  Methyl cyclohexanone.          
2620...................................  Methylene chloride.            
2630...................................  Methylene dianiline.           
2635...................................  Methylene diphenyl             
                                          diisocyanate.                 
2640...................................  Methyl ethyl ketone.           
2644...................................  Methyl formate.                
2650...................................  Methyl isobutyl carbinol.      
2660...................................  Methyl isobutyl ketone.        
2665...................................  Methyl methacrylate.           
2670...................................  Methyl pentynol.               
2690...................................  a-methyl styrene.              
2700...................................  Morpholine.                    
2710...................................  a-napthalene sulfonic acid.    
2720...................................  B-napthalene sulfonic acid.    
2730...................................  a-naphthol.                    
2740...................................  B-naphthol.                    
2750...................................  Neopentanoic acid.             
2756...................................  o-nitroaniline.                
2757...................................  p-nitroaniline.                
2760...................................  o-nitroanisole.                
2762...................................  p-nitroanisole.                
2770...................................  Nitrobenzene.                  
2780...................................  Nitrobenzoic acid (o, m & p).  
2790...................................  Nitroethane.                   
2791...................................  Nitromethane.                  
2792...................................  Nitrophenol.                   
2795...................................  Nitropropane.                  
2800...................................  Nitrotoluene.                  
2810...................................  Nonene.                        
2820...................................  Nonyl phenol.                  
2830...................................  Octyl phenol.                  
2840...................................  Paraldehyde.                   
2850...................................  Pentaerythritol.               
2851...................................  n-pentane.                     
2855...................................  l-pentene.                     
2860...................................  Perchloroethylene.             
2882...................................  Perchloromethylmercaptan.      
2890...................................  o-phenetidine.                 
2900...................................  p-phenetidine.                 
2910...................................  Phenol.                        
2920...................................  Phenolsulfonic acids.          
2930...................................  Phenyl anthranilic acid.       
2940...................................  Phenylenediamine.              
2960...................................  Phthalic anhydride.            
2970...................................  Phthalimide.                   
2973...................................  b-picoline.                    
2976...................................  Piperazine.                    
3000...................................  Polybutenes.                   
3010...................................  Polyethylene glycol.           
3025...................................  Polypropylene glycol.          
3063...................................  Propionaldehyde.               
3066...................................  Propionic acid.                
3070...................................  n-propyl alcohol.              
3075...................................  Propylamine.                   
3080...................................  Propyl chloride.               
3090...................................  Propylene.                     
3100...................................  Propylene chlorohydrin.        
3110...................................  Propylene dichloride.          
3111...................................  Propylene glycol.              
3120...................................  Propylene oxide.               
3130...................................  Pyridine.                      
3140...................................  Quinone.                       
3150...................................  Resorcinol.                    
3160...................................  Resorcylic acid.               
3170...................................  Salicylic acid.                
3180...................................  Sodium acetate.                
3181...................................  Sodium benzoate.               
3190...................................  Sodium carboxymethylcellulose. 
3191...................................  Sodium chloroacetate.          
3200...................................  Sodium formate.                
3210...................................  Sodium phenate.                
3220...................................  Sorbic acid.                   
3230...................................  Styrene.                       
3240...................................  Succinic acid.                 
3250...................................  Succinitrile.                  
3251...................................  Sulfanilic acid.               
3260...................................  Sulfolane.                     
3270...................................  Tannic acid.                   
3280...................................  Terephthalic acid.             
3290 & 3291............................  Tetrachloroethanes.            
3300...................................  Tetrachlorophthalic anhydride. 
3310...................................  Tetraethyllead.                
3320...................................  Tetrahydronaphthalene.         
3330...................................  Tetrahydrophthalic anhydride.  
3335...................................  Tetramethyllead.               
3340...................................  Tetramethylenediamine.         
3341...................................  Tetramethylethylenediamine.    
3349...................................  Toluene.                       
3350...................................  Toluene-2,4-diamine.           
3354...................................  Toluene-2,4-diisocyanate.      
3355...................................  Toluene diisocyanates          
                                          (mixture).                    
3360...................................  Toluene sulfonamide.           
3370...................................  Toluene sulfonic acids.        
3380...................................  Toluene sulfonylchloride.      
3381...................................  Toluidines.                    
3393...................................  Trichlorobenzenes.             
3395...................................  1,1,1-trichloroethane.         
3400...................................  1,1,2-trichloroethane.         
3410...................................  Trichloroethylene.             
3411...................................  Trichlorofluoromethane.        
3420...................................  1,2,3-trichloropropane.        
3430...................................  1,1,2-trichloro-1,2,2-         
                                          trifluoroethane.              
3450...................................  Triethylamine.                 
3460...................................  Triethylene glycol.            
3470...................................  Triethylene glycoldimethyl     
                                          ether.                        
3480...................................  Triisobutylene.                
3490...................................  Trimethylamine.                
3510...................................  Vinyl acetate.                 
3520...................................  Vinyl chloride.                
3530...................................  Vinylidene chloride.           
3540...................................  Vinyl toluene.                 
3541...................................  Xylene (mixed).                
3560...................................  o-xylene.                      
3570...................................  p-xylene.                      
3580...................................  Xylenol.                       
3590...................................  Xylidine, 1,3-butylene glycol, 
                                          Dinitrotoluene,               
                                          Methyltertbutyl ether,        
                                          Phosgene, Polyethylene,       
                                          Polypropylene, Polystyrene,   
                                          Urea.                         
------------------------------------------------------------------------
\1\ The OCPDB Numbers are reference indices assigned to the various     
  chemicals in the Organic Chemical Producers Data Base developed by the
  USEPA.                                                                


[[Page 375]]

      Appendix B--VOM Measurement Techniques for Capture Efficiency

                  Procedure G.1--Captured VOC Emissions

                             1. Introduction

    1.1  Applicability. This procedure is applicable for determining the 
volatile organic compounds (VOC) content of captured gas streams. It is 
intended to be used as a segment in the development of liquid/gas or 
gas/gas protocols for determining VOC capture efficiency (CE) for 
surface coating and printing operations. The procedure may not be 
acceptable in certain site-specific situations, e.g., when: (1) Direct 
fired heaters or other circumstances affect the quantity of VOC at the 
control device inlet; and (2) particulate organic aerosols are formed in 
the process and are present in the captured emissions.
    1.2  Principle. The amount of VOC captured (G) is calculated as the 
sum of the products of the VOC content (CGj), the flow rate 
(QGj), and the sample time (TC) from each captured emissions 
point.
    1.3  Estimated measurement uncertainty. The measurement 
uncertainties are estimated for each captured or fugitive emissions 
point as follows: QGj=5.5 percent and 
CGj=5.0 percent. Based on these numbers, the probable 
uncertainty for G is estimated at about 7.4 percent.
    1.4  Sampling requirements. A capture efficiency test shall consist 
of at least three sampling runs. The sampling time for each run should 
be at least 8 hours, unless otherwise approved.
    1.5  Notes. Because this procedure is often applied in highly 
explosive areas, caution and care should be exercised in choosing 
appropriate equipment and installing and using the equipment. Mention of 
trade names or company products does not constitute endorsement. All gas 
concentrations (percent, ppm) are by volume, unless otherwise noted.

                        2. Apparatus and Reagents

    2.1  Gas VOC concentration. A schematic of the measurement system is 
shown in Figure 1. The main components are described below:
    2.1.1  Sample probe. Stainless steel, or equivalent. The probe shall 
be heated to prevent VOC condensation.
    2.1.2  Calibration valve assembly. Three-way valve assembly at the 
outlet of sample probe to direct the zero and calibration gases to the 
analyzer. Other methods, such as quick-connect lines, to route 
calibration gases to the outlet of the sample probe are acceptable.
    2.1.3  Sample line. Stainless steel or Teflon tubing to transport 
the sample gas to the analyzer. The sample line must be heated to 
prevent condensation.
    2.1.4  Sample pump. A lead-free pump, to pull the sample gas through 
the system at a flow rate sufficient to minimize the response time of 
the measurement system. The components of the pump that contact the gas 
stream shall be constructed of stainless steel or Teflon. The sample 
pump must be heated to prevent condensation.
    2.1.5  Sample flow rate control. A sample flow rate control valve 
and rotameter, or equivalent, to maintain a constant sampling rate 
within 10 percent. The flow rate control valve and rotameter must be 
heated to prevent condensation. A control valve may also be located on 
the sample pump bypass loop to assist in controlling the sample pressure 
and flow rate.
    2.1.6  Sample gas manifold. Capable of diverting a portion of the 
sample gas stream to the flame ionization analyzer (FIA), and the 
remainder to the bypass discharge vent. The manifold components shall be 
constructed of stainless steel or Teflon. If captured or fugitive 
emissions are to be measured at multiple locations, the measurement 
system shall be designed to use separate sampling probes, lines, and 
pumps for each measurement location and a common sample gas manifold and 
FIA. The sample gas manifold and connecting lines to the FIA must be 
heated to prevent condensation.
    2.1.7  Organic concentration analyzer. An FIA with a span value of 
1.5 times the expected concentration as propane; however, other span 
values may be used if it can be demonstrated that they would provide 
more accurate measurements.
    The system shall be capable of meeting or exceeding the following 
specifications:
    2.1.7.1  Zero drift. Less than 3.0 percent of the span 
value.
    2.1.7.2  Calibration drift. Less than 3.0 percent of the 
span value.
    2.1.7.3  Calibration error. Less than 5.0 percent of the 
calibration gas value.
    2.1.7.4  Response time. Less than 30 seconds.
    2.1.8  Integrator/data acquisition system. An analog or digital 
device or computerized data acquisition system used to integrate the FIA 
response or compute the average response and record measurement data. 
The minimum data sampling frequency for computing average or integrated 
values is one measurement value every 5 seconds. The device shall be 
capable of recording average values at least once per minute.
    2.1.9  Calibration and other gases. Gases used for calibration, 
fuel, and combustion air (if required) are contained in compressed gas 
cylinders. All calibration gases shall be traceable to NIST standards 
and shall be certified by the manufacturer to 1 percent of 
the tag value. Additionally, the manufacturer of the cylinder should 
provide a recommended shelf life for each calibration gas cylinder over 
which the concentration does not change more than 2 percent 
from the certified value. For calibration gas values not generally 
available, alternative methods

[[Page 376]]

for preparing calibration gas mixtures, such as dilution systems, may be 
used with prior approval.
    2.1.9.1  Fuel. A 40 percent H2/60 percent He or 40 percent 
H2/60 percent N2 gas mixture is recommended to avoid an oxygen 
synergism effect that reportedly occurs when oxygen concentration varies 
significantly from a mean value.
    2.1.9.2  Carrier gas. High purity air with less than 1 ppm of 
organic material (as propane or carbon equivalent) or less than 0.1 
percent of the span value, whichever is greater.
    2.1.9.3  FIA Linearity calibration gases. Low-, mid-, and high-range 
gas mixture standards with nominal propane concentrations of 20-30, 45-
55, and 70-80 percent of the span value in air, respectively. Other 
calibration values and other span values may be used if it can be shown 
that more accurate measurements would be achieved.
    2.1.10  Particulate filter. An in-stack or an out-of-stack glass 
fiber filter is recommended if exhaust gas particulate loading is 
significant. An out-of-stack filter must be heated to prevent any 
condensation unless it can be demonstrated that no condensation occurs.
    2.2  Captured emissions volumetric flow rate.
    2.2.1  Method 2 or 2A apparatus. For determining volumetric flow 
rate.
    2.2.2  Method 3 apparatus and reagents. For determining molecular 
weight of the gas stream. An estimate of the molecular weight of the gas 
stream may be used if it can be justified.
    2.2.3  Method 4 apparatus and reagents. For determining moisture 
content, if necessary.

     3. Determinations of Volumetric Flow Rate of Captured Emissions

    3.1  Locate all points where emissions are captured from the 
affected facility. Using Method 1, determine the sampling points. Be 
sure to check each site for cyclonic or swirling flow.
    3.2  Measure the velocity at each sampling site at least once every 
hour during each sampling run using Method 2 or 2A.

         4. Determinations of VOC Content of Captured Emissions

    4.1  Analysis duration. Measure the VOC responses at each captured 
emissions point during the entire test run or, if applicable, while the 
process is operating. If there are multiple captured emission locations, 
design a sampling system to allow a single FIA to be used to determine 
the VOC responses at all sampling locations.
    4.2  Gas VOC concentration.
    4.2.1  Assemble the sample train as shown in Figure 1. Calibrate the 
FIA according to the procedure in section 5.1.
    4.2.2  Conduct a system check according to the procedure in section 
5.3.
    4.2.3  Install the sample probe so that the probe is centrally 
located in the stack, pipe, or duct, and is sealed tightly at the stack 
port connection.
    4.2.4  Inject zero gas at the calibration valve assembly. Allow the 
measurement system response to reach zero. Measure the system response 
time as the time required for the system to reach the effluent 
concentration after the calibration valve has been returned to the 
effluent sampling position.
    4.2.5  Conduct a system check before and a system check after each 
sampling run according to the procedures in sections 5.2 and 5.3. If the 
drift check following a run indicates unacceptable performance, the run 
is not valid. The tester may elect to perform system drift checks during 
the run not to exceed one drift check per hour.
    4.2.6  Verify that the sample lines, filter, and pump temperatures 
are 1205 deg.C.
    4.2.7  Begin sampling at the start of the test period and continue 
to sample during the entire run. Record the starting and ending times 
and any required process information as appropriate. If multiple 
captured emission locations are sampled using a single FIA, sample at 
each location for the same amount of time (e.g., 2 minutes) and continue 
to switch from one location to another for the entire test run. Be sure 
that total sampling time at each location is the same at the end of the 
test run. Collect at least 4 separate measurements from each sample 
point during each hour of testing. Disregard the measurements at each 
sampling location until two times the response time of the measurement 
system has elapsed. Continue sampling for at least 1 minute and record 
the concentration measurements.
    4.3  Background concentration.
    4.3.1  Locate all NDO's of the TTE. A sampling point shall be 
centrally located outside of the TTE at 4 equivalent diameters from each 
NDO, if possible. If there are more than 6 NDO's, choose 6 sampling 
points evenly spaced among the NDO's.
    4.3.2  Assemble the sample train as shown in Figure 2. Calibrate the 
FIA and conduct a system check according to the procedures in sections 
5.1 and 5.3.

    Note: This sample train shall be a separate sampling train from the 
one to measure the captured emissions.

    4.3.3  Position the probe at the sampling location.
    4.3.4  Determine the response time, conduct the system check and 
sample according to the procedures described in sections 4.2.4 to 4.2.7.
    4.4  Alternative procedure. The direct interface sampling and 
analysis procedure described in section 7.2 of Method 18 may be

[[Page 377]]

used to determine the gas VOC concentration. The system must be designed 
to collect and analyze at least one sample every 10 minutes.

                  5. Calibration and Quality Assurance

    5.1 FIA  calibration and linearity check. Make necessary adjustments 
to the air and fuel supplies for the FIA and ignite the burner. Allow 
the FIA to warm up for the period recommended by the manufacturer. 
Inject a calibration gas into the measurement system and adjust the 
back-pressure regulator to the value required to achieve the flow rates 
specified by the manufacturer. Inject the zero- and the high-range 
calibration gases and adjust the analyzer calibration to provide the 
proper responses. Inject the low- and mid-range gases and record the 
responses of the measurement system. The calibration and linearity of 
the system are acceptable if the responses for all four gases are within 
5 percent of the respective gas values. If the performance of the system 
is not acceptable, repair or adjust the system and repeat the linearity 
check. Conduct a calibration and linearity check after assembling the 
analysis system and after a major change is made to the system.
    5.2  Systems drift checks. Select the calibration gas that most 
closely approximates the concentration of the captured emissions for 
conducting the drift checks. Introduce the zero and calibration gas at 
the calibration valve assembly and verify that the appropriate gas flow 
rate and pressure are present at the FIA. Record the measurement system 
responses to the zero and calibration gases. The performance of the 
system is acceptable if the difference between the drift check 
measurement and the value obtained in section 5.1 is less than 3 percent 
of the span value. Conduct the system drift checks at the end of each 
run.
    5.3  System check. Inject the high range calibration gas at the 
inlet to the sampling probe while the dilution air is turned off. Record 
the response. The performance of the system is acceptable if the 
measurement system response is within 5 percent of the value obtained in 
section 5.1 for the high range calibration gas. Conduct a system check 
before and after each test run.
    5.4  Analysis audit. Immediately before each test analyze an audit 
cylinder as described in section 5.2. The analysis audit must agree with 
the audit cylinder concentration within 10 percent.

                             6. Nomenclature

Ai=area of NDO i, ft2.
AN=total area of all NDO's in the enclosure, ft2.
CBi=corrected average VOC concentration of background emissions at 
          point i, ppm propane.
CB=average background concentration, ppm propane.
CGj=corrected average VOC concentration of captured emissions at 
          point j, ppm propane.
CDH=average measured concentration for the drift check calibration 
          gas, ppm propane.
CDO=average system drift check concentration for zero concentration 
          gas, ppm propane.
CH=actual concentration of the drift check calibration gas, ppm 
          propane.
Ci=uncorrected average background VOC concentration measured at 
          point i, ppm propane.
Cj=uncorrected average VOC concentration measured at point j, ppm 
          propane.
G=total VOC content of captured emissions, kg.
K1=1.830 x 10-6 kg/ (m3-ppm).
n=number of measurement points.
QGj=average effluent volumetric flow rate corrected to standard 
          conditions at captured emissions point j, m3/min.
TC=total duration of captured emissions sampling run, min.

                             7. Calculations

    7.1  Total VOC captured emissions.

                                  n                                     
G =                                   (CGj-CB) QGj        Eq. 1
                                  TC K1                                 
                                 j=1                                    
                                                                        

    7.2 VOC concentration of the captured emissions at point j.

                                                                        
                       CH                                               
 CGj = (Cj-CDO)  -------------                                   Eq. 2  
                    CDH-CDO                                             
                                                                        

    7.3. Background VOC concentration at point i.

                                                                        
                       CH                                               
 CBi = (Ci-CDO)  -------------                                   Eq. 3  
                    CDH-CDO                                             
                                                                        

    7.4 Average background concentration.

                    n                                                   
                      CBi Ai                                   
                   i=1                                                  
CB =.............  ------------                                    Eq. 4
                       n AN                                             
                                                                        

    Note: If the concentration at each point is with in 20 percent of 
the average concentration of all points, the terms ``Ai'' and 
``AN'' may be deleted from Equation 4.

[[Page 378]]

       Procedure G.2--Captured VOC Emissions (Dilution Technique)

                             1. Introduction

    1.1  Applicability. This procedure is applicable for determining the 
volatile organic compounds (VOC) content of captured gas streams. It is 
intended to be used as a segment in the development of a gas/gas 
protocol in which fugitive emissions are measured for determining VOC 
capture efficiency (CE) for surface coating and printing operations. A 
dilution system is used to reduce the VOC concentration of the captured 
emission to about the same concentration as the fugitive emission. The 
procedure may not be acceptable in certain site-specific situations, 
e.g., when: (1) Direct fired heaters or other circumstances affect the 
quantity of VOC at the control device inlet; and (2) particulate organic 
aerosols are formed in the process and are present in the captured 
emissions.
    1.2  Principle. The amount of VOC captured (G) is calculated as the 
sum of the products of the VOC content (CGj), the flow rate 
(QGj), and the sampling time (TC) from each captured emissions 
point.
    1.3  Estimated measurement uncertainty. The measurement 
uncertainties are estimated for each captured or fugitive emissions 
point as follows: OGj=5.5 percent and 
CGj=5 percent. Based on these numbers, the probable 
uncertainty for G is estimated at about 7.4 percent.
    1.4  Sampling requirements. A capture efficiency test shall consist 
of at least three sampling runs. The sampling time for each run should 
be at least 8 hours, unless otherwise approved.
    1.5  Notes. Because this procedure is often applied in highly 
explosive areas, caution and care should be exercised in choosing 
appropriate equipment and installing and using the equipment. Mention of 
trade names or company products does not constitute endorsement. All gas 
concentrations (percent, ppm) are by volume, unless otherwise noted.

                        2. Apparatus and Reagents

    2.1  Gas VOC concentration. A schematic of the measurement system is 
shown in Figure 1. The main components are described below:
    2.1.1  Dilution system. A Kipp in-stack dilution probe and 
controller or similar device may be used. The dilution rate may be 
changed by substituting different critical orifices or adjustments of 
the aspirator supply pressure. The dilution system shall be heated to 
prevent VOC condensation.
    Note: An out-of-stack dilution device may be used.
    2.1.2  Calibration valve assembly. Three-way valve assembly at the 
outlet of sample probe to direct the zero and calibration gases to the 
analyzer. Other methods, such as quick-connect lines, to route 
calibration gases to the outlet of the sample probe are acceptable.
    2.1.3  Sample line. Stainless steel or Teflon tubing to transport 
the sample gas to the analyzer. The sample line must be heated to 
prevent condensation.
    2.1.4  Sample pump. A leak-free pump, to pull the sample gas through 
the system at a flow rate sufficient to minimize the response time of 
the measurement system. The components of the pump that contract the gas 
stream shall be constructed of stainless steel or Teflon. The sample 
pump must be heated to prevent condensation.
    2.1.5  Sample flow rate control. A sample flow rate control valve 
and rotameter, or equivalent, to maintain a constant sampling rate 
within 10 percent. The flow control valve and rotameter must be heated 
to prevent condensation. A control valve may also be located on the 
sample pump bypass loop to assist in controlling the sample pressure and 
flow rate.
    2.1.6  Sample gas manifold. Capable of diverting a portion of the 
sample gas stream to the flame ionization analyzer (FIA), and the 
remainder to the bypass discharge vent. The manifold components shall be 
constructed of stainless steel or Teflon. If captured or fugitive 
emissions are to be measured at multiple locations, the measurement 
system shall be designed to use separate sampling probes, lines, and 
pumps for each measurement location and a common sample gas manifold and 
FIA. The sample gas manifold and connecting lines to the FIA must be 
heated to prevent condensation.
    2.1.7  Organic concentration analyzer. An FIA with a span value of 
1.5 times the expected concentration as propane; however, other span 
values may be used if it can be demonstrated that they would provide 
more accurate measurements.
    The system shall be capable of meeting or exceeding the following 
specifications:
    2.1.7.1  Zero drift. Less than 3.0 percent of the span 
value.
    2.1.7.2  Calibration drift. Less than 3.0 percent of the 
span value.
    2.1.7.3  Calibration error. Less than 5.0 percent of the 
calibration gas value.
    2.1.7.4  Response time. Less than 30 seconds.
    2.1.7.8  Integrator/data acquisition system. An analog or digital 
device or computerized data acquisition system used to integrate the FIA 
response or compute the average response and record measurement data. 
The minimum data sampling frequency for computing average or integrated 
values is one measurement value every 5 seconds. The device shall be 
capable of recording average values at least once per minute.
    2.1.9  Calibration and other gases. Gases used for calibration, 
fuel, and combustion air (if required) are contained in compressed gas 
cylinders. All calibration gases shall be

[[Page 379]]

traceable to NIST standards and shall be certified by the manufacturer 
to 1 percent of the tag value. Additionally, the 
manufacturer of the cylinder should provide a recommended shelf life for 
each calibration gas cylinder over which the concentration does not 
change more than 2 percent from the certified value. For 
calibration gas values not generally available, alternative methods for 
preparing calibration gas mixtures, such as dilution system, may be used 
with prior approval.
    2.1.9.1  Fuel. A 40 percent H2/60 percent He or 40 percent 
H2/60 percent N2 gas mixture is recommended to avoid an oxygen 
synergism effect that reportedly occurs when oxygen concentration varies 
signficantly from a mean value.
    2.1.9.2.  Carrier gas and dilution air supply. High purity air with 
less than 1 ppm of organic material (as propane or carbon equivalent) or 
less than 0.1 percent of the span value, whichever is greater.
    2.1.9.3  FIA linearity calibration gases. Low-, mid-, and high-range 
gas mixture standards with nominal propane concentrations of 20-30, 45-
55, and 70-80 percent of the span value in air, respectively. Other 
calibration values and other span values may be used if it can be shown 
that more accurate measurements would be achieved.
    2.1.9.4  Dilution check gas. Gas mixture standard containing propane 
in air, approximately half the span value after dilution.
    2.1.10  Particulate filter. An in-stack or an out-of-stack glass 
fiber filter is recommended if exhaust gas particulate loading is 
significant. An out-of-stack filter must be heated to prevent any 
condensation unless it can be demonstrated that no condensation occurs.
    2.2  Captured emissions volumetric flow rate.
    2.2.1  Method 2 or 2A apparatus. For determining volumetric flow 
rate.
    2.2.2  Method 3 apparatus and reagents. For determining molecular 
weight of the gas stream. An estimate of the molecular weight of the gas 
stream may be used if it can be justified.
    2.2.3  Method 4 apparatus and reagents. For determining moisture 
content, if necessary.

     3. Determination of Volumetric Flow Rate of Captured Emissions

    3.1  Locate all points where emissions are captured from the 
affected facility. Using Method 1, determine the sampling points. Be 
sure to check each site for cyclonic or swirling flow.
    3.2  Measure the velocity at each sampling site at least once every 
hour during each sampling run using Method 2 or 2A.

          4. Determination of VOC Content of Captured Emissions

    4.1  Analysis duration. Measure the VOC responses at each captured 
emissions point during the entire test run or, if applicable, while the 
process is operating. If there are multiple captured emissions 
locations, design a sampling system to allow a single FIA to be used to 
determine the VOC responses at all sampling locations.
    4.2  Gas VOC concentration.
    4.2.1  Assemble the sample train as shown in Figure 1. Calibrate the 
FIA according to the procedure in section 5.1.
    4.2.2  Set the dilution ratio and determine the dilution factor 
according to the procedure in section 5.3.
    4.2.3  Conduct a system check according to the procedure in section 
5.4.
    4.2.4  Install the sample probe so that the probe is centrally 
located in the stack, pipe, or duct, and is sealed tightly at the stack 
port connection.
    4.2.5  Inject zero gas at the calibration valve assembly. Measure 
the system response time as the time required for the system to reach 
the effluent concentration after the calibration valve has been returned 
to the effluent sampling position.
    4.2.6  Conduct a system check before and a system drift check after 
each sampling run according to the procedures in sections 5.2 and 5.4. 
If the drift check following a run indicates unacceptable performance, 
the run is not valid. The tester may elect to perform system drift 
checks during the run not to exceed one drift check per hour.
    4.2.7  Verify that the sample lines, filter, and pump temperatures 
are 1205 deg.C.
    4.2.8  Begin sampling at the start of the test period and continue 
to sample during the entire run. Record the starting and ending times 
and any required process information as appropriate. If multiple 
captured emission locations are sampled using a single FIA, sample at 
each location for the same amount of time (e.g., 2 minutes) and continue 
to switch from one location to another for the entire test run. Be sure 
that total sampling time at each location is the same at the end of the 
test run. Collect at least 4 separate measurements from each sample 
point during each hour of testing. Disregard the measurements at each 
sampling location until two times the response time of the measurement 
system has elapsed. Continue sampling for at least 1 minute and record 
the concentration measurements.
    4.3  Background concentration.
    4.3.1  Locate all NDO's of the TTE. A sampling point shall be 
centrally located outside of the TTE at 4 equivalent diameters from each 
NDO, if possible. If there are more than 6 NDO's, choose 6 sampling 
points evenly spaced among the NDO's.

[[Page 380]]

    4.3.2  Assemble the sample train as shown in Figure 2. Calibrate the 
FIA and conduct a system check according to the procedures in sections 
5.1 and 5.4.
    4.3.3  Position the probe at the sampling location.
    4.3.4  Determine the response time, conduct the system check and 
sample according to the procedures described in sections 4.2.4 to 4.2.8.
    4.4  Alternative procedure. The direct interface sampling and 
analysis procedure described in section 7.2 of Method 18 may be used to 
determine the gas VOC concentration. The system must be designed to 
collect and analyze at least one sample every 10 minutes.

                  5. Calibration and Quality Assurance

    5.1  FIA Calibration and linearity check. Make necessary adjustments 
to the air and fuel supplies for the FIA and ignite the burner. Allow 
the FIA to warm up for the period recommended by the manufacturer. 
Inject a calibration gas into the measurement system after the dilution 
system and adjust the back-pressure regulator to the value required to 
achieve the flow rates specified by the manufacturer. Inject the zero- 
and the high-range calibration gases and adjust the analyzer calibration 
to provide the proper responses. Inject the low- and mid-range gases and 
record the responses of the measurement system. The calibration and 
linearity of the system are acceptable if the responses for all four 
gases are within 5 percent of the respective gas values. If the 
performance of the system is not acceptable, repair or adjust the system 
and repeat the linearity check. Conduct a calibration and linearity 
check after assembling the analysis system and after a major change is 
made to the system.
    5.2  Systems drift checks. Select the calibration gas that most 
closely approximates the concentration of the diluted captured emissions 
for conducting the drift checks. Introduce the zero and calibration gas 
at the calibration valve assembly and verify that the appropriate gas 
flow rate and pressure are present at the FIA. Record the measurement 
system responses to the zero and calibration gases. The performance of 
the system is acceptable if the difference between the drift check 
measurement and the value obtained in section 5.1 is less than 3 percent 
of the span value. Conduct the system drift check at the end of each 
run.
    5.3  Determination of dilution factor. Inject the dilution check gas 
into the measurement system before the dilution system and record the 
response. Calculate the dilution factor using Equation 3.
    5.4  System check. Inject the high range calibration gas at the 
inlet to the sampling probe while the dilution air is turned off. Record 
the response. The performance of the system is acceptable if the 
measurement system response is within 5 percent of the value obtained in 
section 5.1 for the high range calibration gas. Conduct a system check 
before and after each test run.
    5.5  Analysis audit. Immediately before each test analyze an audit 
cylinder as described in section 5.2. The analysis audit must agree with 
the audit cylinder concentration within 10 percent.

                             6. Nomenclature

Ai=area of NDO i, ft2.
AN=total area of all NDO's in the enclosure, ft2.
CA=actual concentration of the dilution check gas, ppm propane.
CBi=corrected average VOC concentration of background emissions at 
point i, ppm propane.
CB=average background concentration, ppm propane.
CDH=average measured concentration for the drift check calibration 
gas, ppm propane.
CDO=average system drift check concentration for zero concentration 
gas, ppm propane.
CH=actual concentration of the drift check calibration, gas, ppm 
propane.
Ci=uncorrected average background VOC concentration measured at 
point i, ppm propane.
Cj=uncorrected average VOC concentration measured at point j, ppm 
propane.
CM=measured concentration of the dilution check gas, ppm propane.
DF=dilution factor.
G=total VOC content of captured emissions, kg.
K1=1.830  x  10-6kg/(m3-ppm).
n=number of measurement points.
QGj=average effluent volumetric flow rate corrected to standard 
conditions at captured emissions point j, m3/min.
TC=total duration of capture efficiency sampling run, min.

                             7. Calculations

    7.1 Total VOC captured emissions.

  ...............   n                                                   
G =..............       CGj QGj TC K1                     Eq. 1
  ...............  j=1                                                  
                                                                        

    7.2 VOC concentration of the captured emissions to point j.

                                                                        
                                CH                                      
     CGj = DF(Cj+-CDO)      ---------                              Eq. 2
                             CDH-CDO                                    
                                                                        

    7.3 Dilution factor.

                                                                        
                                          CA                            
                                   DF = -----                      Eq. 3
                                          CM                            
                                                                        


[[Page 381]]

    7.4 Background VOC concentration at point i.

                                                                                                                
                                                                                            CH                  
                                                                      CBi = (Ci-CDO)  --------------       Eq. 4
                                                                                          CDH-CDO               
                                                                                                                

    7.5 Average background concentration.

  ...............   n                                                   
  ...............       CBi  Ai                                
  ...............  i=1                                                  
CB =.............  ------------                                    Eq. 5
  ...............     n AN                                              
                                                                        

    Note: If the concentration at each point is within 20 percent of the 
average concentration of all points, the terms ``Ai'' and 
``AN'' may be deleted from Equation 4.

[[Page 382]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.097



[[Page 383]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.098



[[Page 384]]

     Procedure F.2--Fugitive VOC Emissions from Building Enclosures

                             1. Introduction

    1.1  Applicability. This procedure is applicable for determining the 
fugitive volatile organic compounds (VOC) emissions from a building 
enclosure (BE). It is intended to be used as a segment in the 
development of liquid/gas or gas/gas protocols for determining VOC 
capture efficiency (CE) for surface coating and printing operations.
    1.2  Principle. The total amount of fugitive VOC emissions (FB) 
from the BE is calculated as the sum of the products of the VOC content 
(CFj) of each fugitive emissions point, its flow rate (QFj), 
and time (TF).
    1.3  Measurement uncertainty. The measurement uncertainties are 
estimated for each fugitive emissions point as follows: 
QFj=5.0 percent and CFj=5.0 percent. 
Based on these numbers, the probable uncertainty for FB is 
estimated at about 11.2 percent.
    1.4  Sampling requirements. A capture efficiency test shall consist 
of at least three sampling runs. The sampling time for each run should 
be at least 8 hours, unless otherwise approved.
    1.5  Notes. Because this procedure is often applied in highly 
explosive areas, caution and care should be exercised in choosing 
appropriate equipment and installing and using the equipment. Mention of 
trade names or company products does not constitute endorsement. All gas 
concentrations (percent, ppm) are by volume, unless otherwise noted.

                        2. Apparatus and Reagents

    2.1  Gas VOC concentration. A schematic of the measurement system is 
shown in Figure 1. The main components are described below:
    2.1.1  Sample probe. Stainless steel, or equivalent. The probe shall 
be heated to prevent VOC condensation.
    2.1.2  Calibration valve assembly. Three-way valve assembly at the 
outlet of sample probe to direct the zero and calibration gases to the 
analyzer. Other methods, such as quick-connect lines, to route 
calibration gases to the outlet of the sample probe are acceptable.
    2.1.3  Sample line. Stainless steel or Teflon tubing to transport 
the sample gas to the analyzer. The sample line must be heated to 
prevent condensation.
    2.1.4  Sample pump. A leak-free pump, to pull the sample gas through 
the system at a flow rate sufficient to minimize the response time of 
the measurement system. The components of the pump that contact the gas 
stream shall be constructed of staimust be heated to prevent 
condensation.
    2.1.5  Sample flow rate control. A sample flow rate control valve 
and rotameter, or equivalent, to maintain a constant sampling rate 
within 10 percent. The flow rate control valve and rotameter must be 
heated to prevent condensation. A control valve may also be located on 
the sample pump bypass loop to assist in controlling the sample pressure 
and flow rate.
    2.1.6  Sample gas manifold. Capable of diverting a portion of the 
sample gas stream to the flame ionization analyzer (FIA), and the 
remainder to the bypass discharge vent. The manifold components shall be 
constructed of stainless steel or Teflon. If emissions are to be 
measured at multiple locations, the measurement system shall be designed 
to use separate sampling probes, lines, and pumps for each measurement 
location and a common sample gas manifold and FIA. The sample gas 
manifold must be heated to prevent condensation.
    2.1.7  Organic Concentration Analyzer. An FIA with a span value of 
1.5 times the expected concentration as propane; however, other span 
values may be used if it can be demonstrated that they would provide 
more accurate measurements. The system shall be capable or exceeding the 
following specifications:
    2.1.7.1  Zero drift. Less than 3.0 percent of the span 
value.
    2.1.7.2  Calibration drift. Less than 3.0 percent of the 
span value.
    2.1.7.3  Calibration error. Less than 5.0 percent of the 
calibration gas value.
    2.1.7.4  Response time. Less than 30 seconds.
    2.1.8  Integrator/data acquisition system. An analog or digital 
device or computerized data acquisition system used to integrate the FIA 
response or compute the average response and record measurement data. 
The minimum data sampling frequency for computing average or integrated 
values is one measurement value every 5 seconds. The device shall be 
capable of recording average values at least once per minute.
    2.1.9  Calibration and other gases. Gases used for calibration, 
fuel, and combustion air (if required) are contained in compressed gas 
cylinders. All calibration gases shall be traceable to NIST standards 
and shall be certified by the manufacturer to 1 percent of 
the tag value. Additionally, the manufacturer of the cylinder should 
provide a recommended shelf life for each calibration gas cylinder over 
which the concentration does not change more than 2 percent 
from the certified value. For calibration gas values not generally 
available, alternative methods for preparing calibration gas mixtures, 
such as dilution systems, may be used with prior approval.
    2.1.9.1  Fuel. A 40 percent H2/60 percent He or 40 percent 
H2/60 percent N2 gas mixture is recommended to avoid an oxygen 
synergism effect that reportedly occurs when oxygen concentration varies 
significantly from a mean value.
    2.1.9.2  Carrier gas. High purity air with less than 1 ppm of 
organic material (propane

[[Page 385]]

or carbon equivalent) or less than 0.1 percent of the span value, 
whichever is greater.
    2.1.9.3  FIA linearity calibration gases. Low-, mid-, and high-range 
gas mixture standards with nominal propane concentrations of 20-30, 45-
55, and 70-80 percent of the span value in air, respectively. Other 
calibration values and other span values may be used if it can be shown 
that more accurate measurements would be achieved.
    2.1.10  Particulate filter. An in-stack or an out-of-stack glass 
fiber filter is recommended if exhaust gas particulate loading is 
significant. An out-of-stack filter must be heated to prevent any 
condensation unless it can be demonstrated that no condensation occurs.
    2.2  Fugitive emissions volumetric flow rate.
    2.2.1  Flow direction indicators. Any means of indicating inward or 
outward flow, such as light plastic film or paper streamers, smoke 
tubes, filaments, and sensory perception.
    2.2.2  Method 2 or 2A apparatus. For determining volumetric flow 
rate. Anemometers or similar devices calibrated according to the 
manufacturer's instructions may be used when low velocities are present. 
Vane anemometers (Young-maximum response propeller), specialized pitots 
with electronic manometers (e.g., Shortridge Instruments Inc., Airdata 
Multimeter 860) are commercially available with measurement thresholds 
of 15 and 8 mpm (50 and 25 fpm), respectively.
    2.2.3  Method 3 apparatus and reagents. For determining molecular 
weight of the gas stream. An estimate of the molecular weight of the gas 
stream may be used if it can be justified.
    2.2.4  Method 4 apparatus and reagents. For determining moisture 
content, if necessary.

     3. Determination of Volumetric Flow Rate of Fugitive Emissions

    3.1  Preliminary determinations. The purpose of this exercise is to 
determine which exhaust points should be measured for volumetric flow 
rates and VOC concentrations.
    3.1.1  Forced draft openings. Identify all forced draft openings. 
Determine the volumetric flow rate according to Method 2.
    3.1.2  NDO's exhaust points. The NDO's in the roof of a facility are 
considered to be exhaust points. Determine volumetric flow rate from 
these NDO's. Divide the cross-sectional area according to Method 1 using 
12 equal areas. Use the appropriate velocity measurement devices, e.g., 
propeller anemometers.
    3.1.3  Other NDO's.
    3.1.3.1  This step is optional. Determine the exhaust flow rate, 
including that of the control device, from the enclosure and the intake 
air flow rate. If the exhaust flow rate divided by the intake air flow 
rate is greater than 1.1, then all other NDO's are not considered to be 
significant exhaust points.
    3.1.3.2  If the option above is not taken, identify all other NDO's 
and other potential points through which fugitive emissions may escape 
the enclosure. Then use the following criteria to determine whether flow 
rates and VOC concentrations need to be measured:
    3.1.3.2.1  Using the appropriate flow direction indicator, determine 
the flow direction. An NDO with zero or inward flow is not an exhaust 
point.
    3.1.3.2.2  Measure the outward volumetric flow rate from the 
remainder of the NDO's. If the collective flow rate is 2 percent, or 
less, of the flow rate from sections 3.1.1 and 3.1.2, then these NDO's, 
except those within two equivalent diameters (based on NDO opening) from 
VOC sources, may be considered to be non-exhaust points.
    3.1.3.2.3  If the percentage calculated in section 3.1.3.2.2 is 
greater than 2 percent, those NDO's (except those within two equivalent 
diameters from VOC sources) whose volumetric flow rate totals 2 percent 
of the flow rate from sections 3.1.1 and 3.1.2 may be considered as non-
exhaust points. All remaining NDO's shall be measured for volumetric 
flow rate and VOC concentrations during the CE test.
    3.1.3.2.4  The tester may choose to measure VOC concentrations at 
the forced exhaust points and the NDO's. If the total VOC emissions from 
the NDO's are less than 2 percent of the emissions from the forced draft 
and roof NDO's, then these NDO's may be eliminated from further 
consideration.
    3.2  Determination of flow rates.
    3.2.1  Measure the volumetric flow rate at all locations identified 
as exhaust points in section 3.1. Divide each exhaust opening into 9 
equal areas for rectangular openings and 8 for circular openings.
    3.2.2  Measure the velocity at each site at least once every hour 
during each sampling run using Method 2 or 2A, if applicable, or using 
the low velocity instruments in section 2.2.2.

          4. Determination of VOC Content of Fugitive Emissions

    4.1  Analysis duration. Measure the VOC responses at each fugitive 
emission point during the entire test run or, if applicable, while the 
process is operating. If there are multiple emissions locations, design 
a sampling system to allow a single FIA to be used to determine the VOC 
responses at all sampling locations.
    4.2  Gas VOC concentration.
    4.2.1  Assemble the sample train as shown in Figure 1. Calibrate the 
FIA and conduct a system check according to the procedures in sections 
5.1 and 5.3, respectively.
    4.2.2  Install the sample probe so that the probe is centrally 
located in the stack, pipe, or duct, and is sealed tightly at the stack 
port connection.

[[Page 386]]

    4.2.3  Inject zero gas at the calibration valve assembly. Allow the 
measurement system response to reach zero. Measure the system response 
time as the time required for the system to reach the effluent 
concentration after the calibration valve has been returned to the 
effluent sampling position.
    4.2.4  Conduct a system check before and a system drift check after 
each sampling run according to the procedures in sections 5.2 and 5.3. 
If the drift check following a run indicates unacceptable performance, 
the run is not valid. The tester may elect to perform drift checks 
during the run not to exceed one drift check per hour.
    4.2.5  Verify that the sample lines, filter, and pump temperatures 
are 1205 deg.C.
    4.2.6  Begin sampling at the start of the test period and continue 
to sample during the entire run. Record the starting and ending times 
and any required process information as appropriate. If multiple 
emission locations are sampled using a single FIA, sample at each 
location for the same amount of time (e.g., 2 minutes) and continue to 
switch from one location to another for the entire test run. Be sure 
that total sampling time at each location is the same at the end of the 
test run. Collect at least 4 separate measurements from each sample 
point during each hour of testing. Disregard the response measurements 
at each sampling location until two times the response time of the 
measurement system has elapsed. Continue sampling for at least 1 minute 
and record the concentration measurements.
    4.3  Alternative procedure. The direct interface sampling and 
analysis procedure described in section 7.2 of Method 18 may be used to 
determine the gas VOC concentration. The system must be designed to 
collect and analyze at least one sample every 10 minutes.

                  5. Calibration and Quality Assurance

    5.1  FIA calibration and linearity check. Make necessary adjustments 
to the air and fuel supplies for the FIA and ignite the burner. Allow 
the FIA to warm up for the period recommended by the manufacturer. 
Inject a calibration gas into the measurement system and adjust the 
back-pressure regulator to the value required to achieve the flow rates 
specified by the manufacturer. Inject the zero- and the high-range 
calibration gases and adjust the analyzer calibration to provide the 
proper responses. Inject the low- and mid-range gases and record the 
responses of the measurement system. The calibration and linearity of 
the system are acceptable if the responses for all four gases are within 
5 percent of the respective gas values. If the performance of the system 
is not acceptable, repair or adjust the system and repeat the linearity 
check. Conduct a calibration and linearity check after assembling the 
analysis system and after a major change is made to the system.
    5.2  Systems drift checks. Select the calibration gas that most 
closely approximates the concentration of the captured emissions for 
conducting the drift checks. Introduce the zero and calibration gas at 
the calibration valve assembly and verify that the appropriate gas flow 
rate and pressure are present at the FIA. Record the measurement system 
responses to the zero and calibration gases. The performance of the 
system is acceptable if the difference between the drift check 
measurement and the value obtained in section 5.1 is less than 3 percent 
of the span value. Conduct a system drift check at the end of each run.
    5.3  System check. Inject the high range calibration gas at the 
inlet of the sampling probe and record the response. The performance of 
the system is acceptable if the measurement system response is within 5 
percent of the value obtained in section 5.1 for the high range 
calibration gas. Conduct a system check before each test run.
    5.4  Analysis audit. Immediately before each test analyze an audit 
cylinder as described in section 5.2. The analysis audit must agree with 
the audit cylinder concentration within 10 percent.

                             6. Nomenclature

CDH=average measured concentration for the drift check calibration 
gas, ppm propane.
CDO=average system drift check concentration for zero concentration 
gas, ppm propane.
CFj=corrected average VOC concentration of fugitive emissions at 
point j, ppm propane.
CH=actual concentration of the drift check calibration gas, ppm 
propane.
Cj=uncorrected average VOC concentration measured at point j, ppm 
propane.
FB=total VOC content of fugitive emissions from the building, kg.
K1=1.830 x 10-6 kg/(m3-ppm).
n=number of measurement points.
QFj=average effluent volumetric flow rate corrected to standard 
conditions at fugitive emissions point j, m\3\/min.
TF=total duration of capture efficiency sampling run, min.

                             7. Calculations

    7.1  Total VOC fugitive emissions from the building.

                                                                        
                 n                                                      
                                                                        
   FB =             CFjQFj TF K1                          Eq. 1
                                                                        
                j=1                                                     
                                                                        
                                                                        
                                                                        

    7.2  VOC concentration of the fugitive emissions at point j.

[[Page 387]]



                                                                        
                       CH                                               
 CFj = (Cj-CDO)  -------------                                     Eq. 2
                    CDH-CDO                                             
                                                                        


[[Page 388]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.099


[[Page 389]]

     Procedure F.1--Fugitive VOC Emissions From Temporary Enclosures

                             1. Introduction

    1.1  Applicability. This procedure is applicable for determining the 
fugitive volatile organic compounds (VOC) emissions from a temporary 
total enclosure (TTE). It is intended to be used as a segment in the 
development of liquid/gas or gas/gas protocols for determining VOC 
capture efficiency (CE) for surface coating and printing operations.
    1.2  Principle. The amount of fugitive VOC emissions (F) from the 
TTE is calculated as the sum of the products of the VOC content 
(CFj), the flow rate (QFj), and the sampling time (TF) 
from each fugitive emissions point.
    1.3  Estimated measurement uncertainty. The measurement 
uncertainties are estimated for each fugitive emission point as follows: 
Q=5.5 percent and CFj=5.0 percent. Based on 
these numbers, the probable uncertainty for F is estimated at about 
7.4 percent.
    1.4  Sampling requirements. A capture efficiency test shall consist 
of at least three sampling runs. The sampling time for each run should 
be at least 8 hours, unless otherwise approved.
    1.5  Notes. Because this procedure is often applied in highly 
explosive areas, caution and care should be exercised in choosing 
appropriate equipment and installing and using the equipment. Mention of 
trade names or company products does not constitute endorsement. All gas 
concentrations (percent, ppm) are by volume, unless otherwise noted.

                        2. Apparatus and Reagents

    2.1  Gas VOC concentration. A schematic of the measurement system is 
shown in Figure 1. The main components are described below:
    2.1.1  Sample probe. Stainless steel, or equivalent. The probe shall 
be heated to prevent VOC condensation.
    2.1.2  Calibration valve assembly. Three-way valve assembly at the 
outlet of sample probe to direct the zero and calibration gases to the 
analyzer. Other methods, such as quick-connect lines, to route 
calibration gases to the outlet of the sample probe are acceptable.
    2.1.3  Sample line. Stainless steel or Teflon tubing to transport 
the sample gas to the analyzer. The sample line must be heated to 
prevent condensation.
    2.1.4  Sample pump. A leak-free pump, to pull the sample gas through 
the system at a flow rate sufficient to minimize the response time of 
the measurement system. The components of the pump that contact the gas 
stream shall be constructed of stainless steel or Teflon. The sample 
pump must be heated to prevent condensation.
    2.1.5  Sample flow rate control. A sample flow rate control valve 
and rotameter, or equivalent, to maintain a constant sampling rate 
within 10 percent. The flow control valve and rotameter must be heated 
to prevent condensation. A control valve may also be located on the 
sample pump bypass loop to assist in controlling the sample pressure and 
flow rate.
    2.1.6  Sample gas manifold. Capable of diverting a portion of the 
sample gas stream to the flame ionization analyzer (FIA), and the 
remainder to the bypass discharge vent. The manifold components shall be 
constructed of stainless steel or Teflon. If emissions are to be 
measured at multiple locations, the measurement system shall be designed 
to use separate sampling probes, lines, and pumps for each measurement 
location and a common sample gas manifold and FIA. The sample gas 
manifold and connecting lines to the FIA must be heated to prevent 
condensation.
    2.1.7  Organic concentration analzyer. An FIA with a span value of 
1.5 times the expected concentration as propane; however, other span 
values may be used if it can be demonstrated that they would provide 
more accurate measurements. The system shall be capable of meeting or 
exceeding the following specifications:
    2.1.7.1  Zero drift. Less than 3.0 percent of the span 
value.
    2.1.7.2  Calibration drift. Less than 3.0 percent of the 
span value.
    2.1.7.3  Calibration error. Less than 5.0 percent of the 
calibration gas value.
    2.1.7.4  Response time. Less than 30 seconds.
    2.1.8  Integrator/data acquisition system. An analog or digital 
device or computerized data acquisition system used to integrate the FIA 
response or compute the average response and record measurement data. 
The minimum data sampling frequency for computing average or integrated 
values is one measurement value every 5 seconds. The device shall be 
capable of recording average values at least once per minute.
    2.1.9  Calibration and other gases. Gases used for calibration, 
fuel, and combustion air (if required) are contained in compressed gas 
cylinders. All calibration gases shall be traceable to NIST standards 
and shall be certified by the manufacturer to 1 percent of 
the tag value. Additionally, the manufacturer of the cylinder should 
provide a recommended shelf life for each calibration gas cylinder over 
which the concentration does not change more than 2 percent 
from the certified value. For calibration gas values not generally 
available, alternative methods for preparing calibration gas mixtures, 
such as dilution systems, may be used with prior approval.
    2.1.9.1  Fuel. A 40 percent H2/60 percent He or 40 percent 
H2/60 percent N2 gas mixture is recommended to avoid an oxygen 
synergism effect that reportedly occurs when oxygen concentration varies 
significantly from a mean value.

[[Page 390]]

    2.1.9.2  Carrier gas. High purity air with less than 1 ppm of 
organic material (as propane or carbon equivalent) or less than 0.1 
percent of the span value, whichever is greater.
    2.1.9.3  FIA linearity calibration gases. Low-, mid-, and high-range 
gas mixture standards with nominal propane concentrations of 20-30, 45-
55, and 70-80 percent of the span value in air, respectively. Other 
calibration values and other span values may be used if it can be shown 
that more accurate measurements would be achieved.
    2.1.10  Particulate filter. An in-stack or an out-of-stack glass 
fiber filter is recommended if exhaust gas particulate loading is 
significant. An out-of-stack filter must be heated to prevent any 
condensation unless it can be demonstrated that no condensation occurs.
    2.2  Fugitive emissions volumetric flow rate.
    2.2.1  Method 2 or 2A apparatus. For determining volumetric flow 
rate.
    2.2.2  Method 3 apparatus and reagents. For determining molecular 
weight of the gas stream. An estimate of the molecular weight of the gas 
stream may be used if it can be justified.
    2.2.3  Method 4 apparatus and reagents. For determining moisture 
content, if necessary.
    2.3  Temporary total enclosure. The criteria for designing a TTE are 
discussed in Procedure T.

     3. Determination of Volumetric Flow Rate of Fugitive Emissions

    3.1  Locate all points where emissions are exhausted from the TTE. 
Using Method 1, determine the sampling points. Be sure to check each 
site for cyclonic or swirling flow.
    3.2  Measure the velocity at each sampling site at least once every 
hour during each sampling run using Method 2 or 2A.

          4. Determination of VOC Content of Fugitive Emissions

    4.1  Analysis duration. Measure the VOC responses at each fugitive 
emission point during the entire test run or, if applicable, while the 
process is operating. If there are multiple emission locations, design a 
sampling system to allow a single FIA to be used to determine the VOC 
responses at all sampling locations.
    4.2  Gas VOC concentration.
    4.2.1  Assemble the sample train as shown in Figure 1. Calibrate the 
FIA and conduct a system check according to the procedures in sections 
5.1 and 5.3, respectively.
    4.2.2  Install the sample probe so that the probe is centrally 
located in the stack, pipe, or duct, and is sealed tightly at the stack 
port connection.
    4.2.3  Inject zero gas at the calibration valve assembly. Allow the 
measurement system response to reach zero. Measure the system response 
time as the time required for the system to reach the effluent 
concentration after the calibration valve has been returned to the 
effluent sampling position.
    4.2.4  Conduct a system check before and a system drift check after 
each sampling run according to the procedures in sections 5.2 and 5.3. 
If the drift check following a run indicates unacceptable performance, 
the run is not valid. The tester may elect to perform system drift 
checks during the run not to exceed one drift check per hour.
    4.2.5  Verify that the sample lines, filter, and pump temperatures 
are 120  5  deg.C.
    4.2.6  Begin sampling at the start of the test period and continue 
to sample during the entire run. Record the starting and ending times 
and any required process information as appropriate. If multiple 
emission locations are sampled using a single FIA, sample at each 
location for the same amount of time (e.g., 2 minutes) and continue to 
switch from one location to another for the entire test run. Be sure 
that total sampling time at each location is the same at the end of the 
test run. Collect at least 4 separate measurements from each sample 
point during each hour of testing. Disregard the response measurements 
at each sampling location until two times the response time of the 
measurement system has elapsed. Continue sampling for at least 1 minute 
and record the concentration measurements.
    4.3  Background concentration.
    4.3.1  Determination of VOC background concentration.
    4.3.1.1  Locate all NDO's of the TTE. A sampling point shall be 
centrally located outside of the TTE at 4 equivalent diameters from each 
NDO, if possible. If there are more than 6 NDO's, choose 6 sampling 
points evenly spaced among the NDO's.
    4.3.1.2  Assemble the sample train as shown in Figure 2. Calibrate 
the FIA and conduct a system check according to the procedures in 
sections 5.1 and 5.3.
    4.3.1.3  Position the probe at the sampling location.
    4.3.1.4  Determine the response time, conduct the system check and 
sample according to the procedures described in sections 4.2.3 to 4.2.6.
    4.4  Alternative procedure. The direct interface sampling and 
analysis procedure described in section 7.2 of Method 18 may be used to 
determine the gas VOC concentration. The system must be designed to 
collect and analyze at least one sample every 10 minutes.

                  5. Calibration and Quality Assurance

    5.1  FIA calibration and linearity check. Make necessary adjustments 
to the air and fuel supplies for the FIA and ignite the burner. Allow 
the FIA to warm up for the period recommended by the manufacturer. 
Inject a

[[Page 391]]

calibration gas into the measurement system and adjust the back-pressure 
regulator to the value required to achieve the flow rates specified by 
the manufacturer. Inject the zero- and the high-range calibration gases 
and adjust the analyzer calibration to provide the proper responses. 
Inject the low- and mid-range gases and record the responses of the 
measurement system. The calibration and linearity of the system are 
acceptable if the responses for all four gases are within 5 percent of 
the respective gas values. If the performance of the system is not 
acceptable, repair or adjust the system and repeat the linearity check. 
Conduct a calibration and linearity check after assembling the analysis 
system and after a major change is made to the system.
    5.2  Systems drift checks. Select the calibration gas concentration 
that most closely approximates that of the fugitive gas emissions to 
conduct the drift checks. Introduce the zero and calibration gas at the 
calibration valve assembly and verify that the appropriate gas flow rate 
and pressure are present at the FIA. Record the measurement system 
responses to the zero and calibration gases. The performance of the 
system is acceptable if the difference between the drift check 
measurement and the value obtained in section 5.1 is less than 3 percent 
of the span value. Conduct a system drift check at the end of each run.
    5.3  System check. Inject the high range calibration gas at the 
inlet of the sampling probe and record the response. The performance of 
the system is acceptable if the measurement system response is within 5 
percent of the value obtained in section 5.1 for the high range 
calibration gas. Conduct a system check before each test run.
    5.4  Analysis audit. Immediately before each test analyze an audit 
cylinder as described in section 5.2. The analysis audit must agree with 
the audit cylinder concentration within 10 percent.

                             6. Nomenclature

Ai=area of NDO i, ft\2\.
AN=total area of all NDO's in the enclosure, ft\2\.
CBi=corrected average VOC concentration of background emissions at 
          point i, ppm propane.
CB=average background concentration, ppm propane.
CDH=average measured concentration for the drift check calibration 
          gas, ppm propane.
CDO=average system drift check concentration for zero concentration 
          gas, ppm propane.
CFj=corrected average VOC concentration of fugitive emissions at 
          point j, ppm propane.
CH=actual concentration of the drift check calibration gas, ppm 
          propane.
Ci=uncorrected average background VOC concentration at point i, ppm 
          propane.
Cj=uncorrected average VOC concentration measured at point j, ppm 
          propane.
F=total VOC content of fugitive emissions, kg.
K1=1.830 x 10-6 kg/(m3-ppm).
n=number of measurement points.
QFj=average effluent volumetric flow rate corrected to standard 
          conditions at fugitive emissions point j, m\3\/min.
TF=total duration of fugitive emissions sampling run, min.

                             7. Calculations

    7.1  Total VOC fugitive emissions.

                                            F=                                                                  
                                             n                                                                  
                                         .....    (CFj-CB) QFj TF K1                                   
                                           j=1                                                             Eq. 1
                                                                                                                

    7.2  VOC concentration of the fugitive emissions at point j.

                                                                                                                
                                                                   CH                                           
                                               CFj=(Cj-CDO)   ------------                                 Eq. 2
                                                                 CDH-CDO                                        
                                                                                                                

    7.3  Background VOC concentration at point i.

                                                                                                                
                                                                   CH                                           
                                              CBi=(Ci-CDO)   --------------                                Eq. 3
                                                                 CDH-CDO                                        
                                                                                                                

    7.4  Average background concentration.

                                                                   n                                            
                                                          C                                            
                                                               Bi Ai                                            
                                                                 i=1                                            
                                                    CB=   ----------                                       Eq. 4
                                                                n AN                                            
                                                                                                                

    Note: If the concentration at each point is within 20 percent of the 
average concentration of all points, the terms ``Ai'' and 
``AN'' may be deleted from Equation 4.

[[Page 392]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.100



[[Page 393]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.101



[[Page 394]]

                         Procedure L--VOC Input

                             1. Introduction

    1.1  Applicability. This procedure is applicable for determining the 
input of volatile organic compounds (VOC). It is intended to be used as 
a segment in the development of liquid/gas protocols for determining VOC 
capture efficiency (CE) for surface coating and printing operations.
    1.2  Principle. The amount of VOC introduced to the process (L) is 
the sum of the products of the weight (W) of each VOC containing liquid 
(ink, paint, solvent, etc.) used and its VOC content (V). A sample of 
each VOC containing liquid is analyzed with a flame ionization analyzer 
(FIA) to determine V.
    1.3  Estimated measurement uncertainty. The measurement 
uncertainties are estimated for each VOC containing liquid as follows: 
W=2.0 percent and V=12.0 percent. Based on these 
numbers, the probable uncertainty for L is estimated at about 
12.2 percent for each VOC containing liquid.
    1.4  Sampling requirements. A capture efficiency test shall consist 
of at least three sampling runs. The sampling time for each run should 
be at least 8 hours, unless otherwise approved.
    1.5  Notes. Because this procedure is often applied in highly 
explosive areas, caution and care should be exercised in choosing 
appropriate equipment and installing and using the equipment. Mention of 
trade names or company products does not constitute endorsement. All gas 
concentrations (percent, ppm) are by volume, unless otherwise noted.

                        2. Apparatus and Reagents

    2.1  Liquid weight.
    2.1.1  Balances/digital scales. To weigh drums of VOC containing 
liquids to within 0.2 lb.
    2.1.2  Volume measurement apparatus (alternative). Volume meters, 
flow meters, density measurement equipment, etc., as needed to achieve 
same accuracy as direct weight measurements.
    2.2  VOC content (flame ionization analyzer technique). The liquid 
sample analysis system is shown in Figures 1 and 2. The following 
equipment is required:
    2.2.1  Sample collection can. An appropriately sized metal can to be 
used to collect VOC containing materials. The can must be constructed in 
such a way that it can be grounded to the coating container.
    2.2.2  Needle valves. To control gas flow.
    2.2.3  Regulators. For carrier gas and calibration gas cylinders.
    2.2.4  Tubing. Teflon or stainless steel tubing with diameters and 
lengths determined by connection requirements of equipment. The tubing 
between the sample oven outlet and the FIA shall be heated to maintain a 
temperature of 1205  deg.C.
    2.2.5  Atmospheric vent. A tee and 0- to 0.5-liter/min rotameter 
placed in the sampling line between the carrier gas cylinder and the VOC 
sample vessel to release the excess carrier gas. A toggle valve placed 
between the tee and the rotameter facilitates leak tests of the analysis 
system.
    2.2.6  Thermometer. Capable of measuring the temperature of the hot 
water bath to within 1  deg.C.
    2.2.7  Sample oven. Heated enclosure, containing calibration gas 
coil heaters, critical orifice, aspirator, and other liquid sample 
analysis components, capable of maintaining a temperature of 
1205  deg.C.
    2.2.8  Gas coil heaters. Sufficient lengths of stainless steel or 
Teflon tubing to allow zero and calibration gases to be heated to the 
sample oven temperature before entering the critical orifice or 
aspirator.
    2.2.9  Water bath. Capable of heating and maintaining a sample 
vessel temperature of 1005  deg.C.
    2.2.10  Analytical balance. To measure 0.001 g.
    2.2.11  Disposable syringes. 2-cc or 5-cc.
    2.2.12  Sample vessel. Glass, 40-ml septum vial. A separate vessel 
is needed for each sample.
    2.2.13  Rubber stopper. Two-hole stopper to accommodate 3.2-mm (\1/
8\-in.) Teflon tubing, appropriately sized to fit the opening of the 
sample vessel. The rubber stopper should be wrapped in Teflon tape to 
provide a tighter seal and to prevent any reaction of the sample with 
the rubber stopper. Alternatively, any leak-free closure fabricated of 
non-reactive materials and accommodating the necessary tubing fittings 
may be used.
    2.2.14  Critical orifices. Calibrated critical orifices capable of 
providing constant flow rates from 50 to 250 ml/min at known pressure 
drops. Sapphire orifice assemblies (available from O'Keefe Controls 
Company) and glass capillary tubing have been found to be adequate for 
this application.
    2.2.15  Vacuum gauge. 0 -to 760-mm (0- to 30-in.) Hg U-Tube 
manometer or vacuum gauge.
    2.2.16  Pressure gauge. Bourdon gauge capable of measuring the 
maximum air pressure at the aspirator inlet (e.g., 100 psig).
    2.2.17  Aspirator. A device capable of generating sufficient vacuum 
at the sample vessel to create critical flow through the calibrated 
orifice when sufficient air pressure is present at the aspirator inlet. 
The aspirator must also provide sufficient sample pressure to operate 
the FIA. The sample is also mixed with the dilution gas within the 
aspirator.
    2.2.18  Soap bubble meter. Of an appropriate size to calibrate the 
critical orifices in the system.
    2.2.19  Organic concentration analyzer. An FIA with a span value of 
1.5 times the expected concentration as propane; however

[[Page 395]]

other span values may be used if it can be demonstrated that they would 
provide more accurate measurements. The system shall be capable of 
meeting or exceeding the following specifications:
    2.2.19.1  Zero drift. Less than 3.0 percent of the span 
value.
    2.2.19.2  Calibration drift. Less than 3.0 percent of 
span value.
    2.2.19.3  Calibration error. Less than 5.0 percent of 
the calibration gas value.
    2.2.20  Integrator/data acquisition system. An analog or digital 
device or computerized data acquisition system used to integrate the FIA 
response or compute the average response and record measurement data. 
The minimum data sampling frequency for computing average or integrated 
values is one measurement value every 5 seconds. The device shall be 
capable of recording average values at least once per minute.
    2.2.21  Chart recorder (optional). A chart recorder or similar 
device is recommended to provide a continuous analog display of the 
measurement results during the liquid sample analysis.
    2.2.22  Calibration and other gases. For calibration, fuel, and 
combustion air (if required) contained in compressed gas cylinders. All 
calibration gases shall be traceable to NIST standards and shall be 
certified by the manufacturer to 1 percent of the tag value. 
Additionally, the manufacturer of the cylinder should provide a 
recommended shelf life for each calibration gas cylinder over which the 
concentration does not change more than 2 percent from the 
certified value. For calibration gas values not generally available, 
alternative methods for preparing calibration gas mixtures, such as 
dilution systems, may be used with prior approval.
    2.2.22.1  Fuel. A 40 percent H2/60 percent He or 40 percent 
H2/60 percent N2 gas mixture is recommended to avoid an oxygen 
synergism effect that reportedly occurs when oxygen concentration varies 
significantly from a mean value.
    2.2.22.2  Carrier gas. High purity air with less than 1 ppm of 
organic material (as propane) or less than 0.1 percent of the span 
value, whichever is greater.
    2.2.22.3  FIA linearity calibration gases. Low-, mid-, and high-
range gas mixture standards with nominal propane concentrations of 20-
30, 45-55, and 70-80 percent of the span value in air, respectively. 
Other calibration values and other span values may be used if it can be 
shown that more accurate measurements would be achieved.
    2.2.22.4  System calibration gas. Gas mixture standard containing 
propane in air, approximately the undiluted VOC concentration expected 
for the liquid samples.

                 3. Determination of Liquid Input Weight

    3.1  Weight difference. Determine the amount of material introduced 
to the process as the weight difference of the feed material before and 
after each sampling run. In determining the total VOC containing liquid 
usage, account for: (a) The initial (beginning) VOC containing liquid 
mixture; (b) any solvent added during the test run; (c) any coating 
added during the test run; and (d) any residual VOC containing liquid 
mixture remaining at the end of the sample run.
    3.1.1  Identify all points where VOC containing liquids are 
introduced to the process. To obtain an accurate measurement of VOC 
containing liquids, start with an empty fountain (if applicable). After 
completing the run, drain the liquid in the fountain back into the 
liquid drum (if possible), and weigh the drum again. Weigh the VOC 
containing liquids to 0.5 percent of the total weight (full) 
or 0.1 percent of the total weight of VOC containing liquid 
used during the sample run, whichever is less. If the residual liquid 
cannot be returned to the drum, drain the fountain into a preweighted 
empty drum to determine the final weight of the liquid.
    3.1.2  If it is not possible to measure a single representative 
mixture, than weigh the various components separately (e.g., if solvent 
is added during the sampling run, weigh the solvent before it is added 
to the mixture). If a fress drum of VOC containing liquid is needed 
during the run, then weigh both the empty drum and fresh drum.
    3.2  Volume measurement (alternative). If direct weight measurements 
are not feasible, the tester may use volume meters and flow rate meters 
(and density measurements) to determine the weight of liquids used if it 
can be demonstrated that the technique produces results equivalent to 
the direct weight measurements. If a single representative mixture 
cannot be measured, measure the components separately.

            4. Determination of VOC Content in Input Liquids

    4.1  Collection of liquid samples.
    4.1.1  Collect a 100-ml or larger sample of the VOC containing 
liquid mixture at each application location at the beginning and end of 
each test run. A separate sample should be taken of each VOC containing 
liquid added to the application mixture during the test run. If a fresh 
drum is needed during the sampling run, then obtain a sample from the 
fresh drum.
    4.1.2  When collecting the sample, ground the sample container to 
the coating drum. Fill the sample container as close to the rim as 
possible to minimize the amount of headspace.
    4.1.3  After the sample is collected, seal the container so the 
sample cannot leak out or evaporate.

[[Page 396]]

    4.1.4  Label the container to identify clearly the contents.
    4.2  Liquid sample VOC content.
    4.2.1  Assemble the liquid VOC content analysis system as shown in 
Figure 1.
    4.2.2  Permanently identify all of the critical orifices that may be 
used. Calibrate each critical orifice under the expected operating 
conditions (i.e., sample vacuum and temperature) against a volume meter 
as described in section 5.3.
    4.2.3  Label and tare the sample vessels (including the stoppers and 
caps) and the syringes.
    4.2.4  Install an empty sample vessel and perform a leak test of the 
system. Close the carrier gas valve and atmospheric vent and evacuate 
the sample vessel to 250 mm (10 in.) Hg absolute or less using the 
aspirator. Close the toggle valve at the inlet to the aspirator and 
observe the vacuum for at least one minute. If there is any change in 
the sample pressure, release the vacuum, adjust or repair the apparatus 
as necessary and repeat the leak test.
    4.2.5  Perform the analyzer calibration and linearity checks 
according to the procedure in section 5.1. Record the responses to each 
of the calibration gases and the back-pressure setting of the FIA.
    4.2.6  Establish the appropriate dilution ratio by adjusting the 
aspirator air supply or substituting critical orifices. Operate the 
aspirator at a vacuum of at least 25 mm (1 in.) Hg greater than the 
vacuum necessary to achieve critical flow. Select the dilution ratio so 
that the maximum response of the FIA to the sample does not exceed the 
high-range calibration gas.
    4.2.7  Perform system calibration checks at two levels by 
introducing compressed gases at the inlet to the sample vessel while the 
aspirator and dilution devices are operating. Perform these checks using 
the carrier gas (zero concentration) and the system calibration gas. If 
the response to the carrier gas exceeds 0.5 percent of span, 
clean or repair the apparatus and repeat the check. Adjust the dilution 
ratio as necessary to achieve the correct response to the upscale check, 
but do not adjust the analyzer calibration. Record the identification of 
the orifice, aspirator air supply pressure, FIA back-pressure, and the 
responses of the FIA to the carrier and system calibration gases.
    4.2.8  After completing the above checks, inject the system 
calibration gas for approximately 10 minutes. Time the exact duration of 
the gas injection using a stopwatch. Determine the area under the FIA 
response curve and calculate the system response factor based on the 
sample gas flow rate, gas concentration, and the duration of the 
injection as compared to the integrated response using Equations 2 and 
3.
    4.2.9  Verify that the sample oven and sample line temperatures are 
1205  deg.C and that the water bath temperature is 
1005  deg.C.
    4.2.10  Fill a tared syringe with approximately 1 g of the VOC 
containing liquid and weigh it. Transfer the liquid to a tared sample 
vessel. Plug the sample vessel to minimize sample loss. Weigh the sample 
vessel containing the liquid to determine the amount of sample actually 
received. Also, as a quality control check, weigh the empty syringe to 
determine the amount of material delivered. The two coating sample 
weights should agree within 0.02 g. If not, repeat the 
procedure until an acceptable sample is obtained.
    4.2.11  Connect the vessel to the analysis system. Adjust the 
aspirator supply pressure to the correct value. Open the valve on the 
carrier gas supply to the sample vessel and adjust it to provide a 
slight excess flow to the atmospheric vent. As soon as the initial 
response of the FIA begins to decrease, immerse the sample vessel in the 
water bath. (Applying heat to the sample vessel too soon may cause the 
FID response to exceed the calibrated range of the instrument, and thus 
invalidate the analysis.)
    4.2.12  Continuously measure and record the response of the FIA 
until all of the volatile material has been evaporated from the sample 
and the instrument response has returned to the baseline (i.e., response 
less than 0.5 percent of the span value). Observe the aspirator supply 
pressure, FIA back-pressure, atmospheric vent, and other system 
operating parameters during the run; repeat the analysis procedure if 
any of these parameters deviate from the values established during the 
system calibration checks in Section 4.2.7. After each sample perform 
the drift check described in Section 5.2. If the drift check results are 
acceptable, calculate the VOC content of the sample using the equations 
in Section 7. Integrate the area under the FIA response curve, or 
determine the average concentration response and the duration of sample 
analysis.

                  5. Calibration and Quality Assurance

    5.1  FIA calibration and linearity check. Make necessary adjustments 
to the air and fuel supplies for the FIA and ignite the burner. Allow 
the FIA to warm up for the period recommended by the manufacturer. 
Inject a calibration gas into the measurement system and adjust the 
back-pressure regulator to the value required to achieve the flow rates 
specified by the manufacturer. Inject the zero- and the high-range 
calibration gases and adjust the analyzer calibration to provide the 
proper responses. Inject the low- and mid-range gases and record the 
responses of the measurement system. The calibration and linearity of 
the system are acceptable if the responses for all four gases are within 
5 percent of the respective gas

[[Page 397]]

values. If the performance of the system is not acceptable, repair or 
adjust the system and repeat the linearity check. Conduct a calibration 
and linearity check after assembling the analysis system and after a 
major change is made to the system.
    5.2  Systems drift checks. After each sample, repeat the system 
calibration checks in Section 4.2.7 before any adjustments to the FIA or 
measurement system are made. If the zero or calibration drift exceeds 
3 percent of the span value, discard the result and repeat 
the analysis.
    5.3  Critical orifice calibration.
    5.3.1  Each critical orifice must be calibrated at the specific 
operating conditions that it will be used. Therefore, assemble all 
components of the liquid sample analysis system as shown in Figure 3. A 
stopwatch is also required.
    5.3.2 Turn on the sample oven, sample line, and water bath heaters 
and allow the system to reach the proper operating temperature. Adjust 
the aspirator to a vacuum of 380 mm (15 in.) Hg vacuum. Measure the time 
required for one soap bubble to move a known distance and record 
barometric pressure.
    5.3.3 Repeat the calibration procedure at a vacuum of 406 mm (16 
in.) Hg and at 25-mm (1-in.) Hg intervals until three consecutive 
determinations provide the same flow rate. Calculate the critical flow 
rate for the orifice in ml/min at standard conditions. Record the vacuum 
necessary to achieve critical flow.

                             6. Nomenclature

AL=area under the response curve of the liquid sample, area count.
AS=area under the response curve of the calibration gas, area 
          count.
CS=actual concentration of system calibration gas, ppm propane.
K=1.830 x 10-9 g/(ml-ppm).
L=total VOC content of liquid input, kg.
ML=mass of liquid sample delivered to the sample vessel, g.
q=flow rate through critical orifice, ml/min.
RF=liquid analysis system response factor, g/area count.
TS=total gas injection time for system calibration gas during 
          integrator calibration, min.
VFj=final VOC fraction of VOC containing liquid j.
VIj=initial VOC fraction of VOC containing liquid j.
VAj=VOC fraction of VOC containing liquid j added during the run.
V=VOC fraction of liquid sample.
WFj=weight of VOC containing liquid j remaining at end of the run, 
          kg.
WIj=weight of VOC containing liquid j at beginning of the run, kg.
WAj=weight of VOC containing liquid j added during the run, kg.

                             7. Calculations

    7.1 Total VOC content of the input VOC containing liquid.

                                                                                                                
                                                                                                                
                                                                                                                
                                                                                                                
                                        n                 n                 n                                   
                                L=  Ij WIj-  Fj WFj +  Aj WAj  Eq. 1                  
                                        k                 k                 k                                   
                                      j=1               j=1               j=1                                   
                                                                                                                
                                                                                                                

    7.2 Liquid sample analysis system response factor for systems using 
intergrators, grams/area counts.

                                                                                                                
                                                                                                                
                                                           CS q TS K                                            
                                                  RF   = ------------                                      Eq. 2
                                                              AS                                                
                                                                                                                

    7.3 VOC content of the liquid sample.

                                                                        
                                                                        
                                         ALRF                           
                               V   = -----------                   Eq. 3
                                          ML                            
                                                                        

      

[[Page 398]]

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[[Page 399]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.103



[[Page 400]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.104



[[Page 401]]

 Procedure T--Criteria for and Verification of a Permanent or Temporary 
                             Total Enclosure

                             1. Introduction

    1.1  Applicability. This procedure is used to determine whether a 
permanent or temporary enclosure meets the criteria of a total 
enclosure.
    1.2  Principle. An enclosure is evaluated against a set of criteria. 
If the criteria are met and if all the exhaust gases are ducted to a 
control device, then the volatile organic compounds (VOC) capture 
efficiency (CE) is assumed to be 100 percent and CE need not be 
measured. However, if part of the exhaust gas stream is not ducted to a 
control device, CE must be determined.

                             2. Definitions

    2.1  Natural Draft Opening (NDO)--Any permanent opening in the 
enclosure that remains open during operation of the facility and is not 
connected to a duct in which a fan is installed.
    2.2  Permanent Total Enclosure (PTE)--A permanently installed 
enclosure that completely surrounds a source of emissions such that all 
VOC emissions are captured and contained for discharge through a control 
device.
    2.3  Temporary Total Enclosure (TTE)--A temporarily installed 
enclosure that completely surrounds a source of emissions such that all 
VOC emissions are captured and contained for discharge through ducts 
that allow for the accurate measurement of VOC rates.

               3. Criteria of a Temporary Total Enclosure

    3.1  Any NDO shall be at least 4 equivalent opening diameters from 
each VOC emitting point.
    3.2  Any exhaust point from the enclosure shall be at least 4 
equivalent duct or hood diameters from each NDO.
    3.3  The total area of all NDO's shall not exceed 5 percent of the 
surface area of the enclosure's four walls, floor, and ceiling.
    3.4  The average facial velocity (FV) of air through all NDO's shall 
be at least 3,600 m/hr (200 fpm). The direction of air through all NDO's 
shall be into the enclosure.
    3.5  All access doors and windows whose areas are not included in 
section 3.3 and are not included in the calculation in section 3.4 shall 
be closed during routine operation of the process.

               4. Criteria of a Permanent Total Enclosure

    4.1  Same as sections 3.1 and 3.3-3.5.
    4.2  All VOC emissions must be captured and contained for discharge 
through a control device.

                              5. Procedure

    5.1  Determine the equivalent diameters of the NDO's and determine 
the distances from each VOC emitting point to all NDO's. Determine the 
equivalent diameter of each exhaust duct or hood and its distance to all 
NDO's. Calculate the distances in terms of equivalent diameters. The 
number of equivalent diameters shall be at least 4.
    5.2  Measure the total area (At) of the enclosure and the total 
area (AN) of all NDO's of the enclosure. Calculate the NDO to 
enclosure area ratio (NEAR) as follows:

NEAR=AN/At

    The NEAR must be 0.05.
    5.3  Measure the volumetric flow rate, corrected to standard 
conditions, of each gas stream exiting the enclosure through an exhaust 
duct or hood using EPA Method 2. In some cases (e.g., when the building 
is the enclosure), it may be necessary to measure the volumetric flow 
rate, corrected to standard conditions, of each gas stream entering the 
enclosure through a forced makeup air duct using Method 2. Calculate FV 
using the following equation:

FV=[QO - QI]/AN

where:

QO=the sum of the volumetric flow from all gas streams exiting the 
          enclosure through an exhaust duct or hood.
QI=the sum of the volumetric flow from all gas streams into the 
          enclosure through a forced makeup air duct; zero, if there is 
          no forced makeup air into the enclosure.
AN=total area of all NDO's in enclosure.

    The FV shall be at least 3,600 m/hr (200 fpm).
    5.4  Verify that the direction of air flow through all NDO's is 
inward. Use streamers, smoke tubes, tracer gases, etc. Strips of plastic 
wrapping film have been found to be effective. Monitor the direction of 
air flow at intervals of at least 10 minutes for at least 1 hour.

                          6. Quality Assurance

    6.1  The success of this protocol lies in designing the TTE to 
simulate the conditions that exist without the TTE, i.e., the effect of 
the TTE on the normal flow patterns around the affected facility or the 
amount of fugitive VOC emissions should be minimal. The TTE must enclose 
the application stations, coating reservoirs, and all areas from the 
application station to the oven. The oven does not have to be enclosed 
if it is under negative pressure. The NDO's of the temporary enclosure 
and a fugitive exhaust fan must be properly sized and placed.
    6.2  Estimate the ventilation rate of the TTE that best simulates 
the conditions that exist without the TTE, i.e., the effect of the TTE 
on the normal flow patterns around the affected facility or the amount 
of fugitive

[[Page 402]]

VOC emissions should be minimal. Figure 1 may be used as an aid. Measure 
the concentration (CG) and flow rate (QG) of the captured gas 
stream, specify a safe concentration (CF) for the fugitive gas 
stream, estimate the CE, and then use the plot in Figure 1 to determine 
the volumetric flowrate of the fugitive gas stream (QF). A fugitive 
VOC emission exhaust fan that has a variable flow control is desirable.
    6.2.1  Monitor the concentration of VOC into the capture device 
without the TTE. To minimize the effect of temporal variation on the 
captured emissions, the baseline measurement should be made over as long 
a time period as practical. However, the process conditions must be the 
same for the measurement in section 6.2.3 as they are for this baseline 
measurement. This may require short measuring times for this quality 
control check before and after the construction of the TTE.
    6.2.2  After the TTE is constructed, monitor the VOC concentration 
inside the TTE. This concentration shall continue to increase and must 
not exceed the safe level according to OSHA requirements for permissible 
exposure limits. An increase in VOC concentration indicates poor TTE 
design or poor capture efficiency.
    6.2.3  Monitor the concentration of VOC into the capture device with 
the TTE. To limit the effect of the TTE on the process, the VOC 
concentration with and without the TTE must be within 10 
percent. If the measurements do not agree, adjust the ventilation rate 
from the TTE until they agree within 10 percent.

[[Page 403]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.105



[55 FR 26856, June 29, 1990; 55 FR 31981, Aug. 6, 1990; 55 FR 39774, 
39775, Sept. 28, 1990, as amended at 56 FR 24723, May 31, 1991; 56 FR 
33712, July 23, 1991; 57 FR 3946, Feb. 3, 1992; 57 FR 7550, Mar. 3, 
1992; 57 FR 27936, June 23, 1992; 58 FR 31653, June 4, 1993; 58 FR 
34908, June 30, 1993; 59 FR 14112, Mar. 25, 1994; 59 FR 46569, Sept. 9, 
1994; 60 FR 41, Jan. 3, 1995; 60 FR 13045, Mar. 10, 1995; 60 FR 14900, 
Mar. 21, 1995; 60 FR 43387, 43393, 43395, Aug. 21, 1995]

[[Page 404]]



Sec. 52.742  Incorporation by reference.

    The materials listed below are incorporated by reference in the 
corresponding sections noted. The incorporation by reference was 
approved by the Director of the Office of Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated 
as they exist on the date of approval, and a notice of any change in 
these materials will be published in the Federal Register. The materials 
are available from the sources listed below.
    (a) The following material is available for purchase from the 
American Society for Testing and Materials (ASTM), 1916 Race Street, 
Philadelphia, PA 19103.

    (1) ASTM D1475-85, Standard Test Method for Density of Paint, 
Varnish, Lacquer, and Related Products, for 
Sec. 52.741(a)(4)(i)(B)(3)(i).
    (2) ASTM D2369-87, Standard Test Method for Volatile Content of 
Coatings, for Sec. 52.741(a)(4)(i)(B)(3)(ii).
    (3) ASTM D3792-86, Standard Test Method for Water Content of Water-
Reducible Paints by Direct Injection into a Gas Chromatograph, for 
Sec. 52.741(a)(4)(i)(B)(3)(iii).
    (4) ASTM D4017-81(Reapproved 1987), Standard Test Method for Water 
in Paints and Paint Materials by Karl Fischer Method, for 
Sec. 52.741(a)(4)(i)(B)(3)(iv).
    (5) ASTM D4457-85, Standard Test Method for Determination of 
Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by 
Direct Injection into a Gas Chromatograph, for 
Sec. 52.741(a)(4)(i)(B)(3)(v).
    (6) ASTM D2697-86, Standard Test Method for Volume Nonvolatile 
Matter in Clear or Pigmented Coatings, for 
Sec. 52.741(a)(4)(i)(B)(3)(vi).
    (7) ASTM D3980-87, Standard Practice for Interlaboratory Testing of 
Paint and Related Materials, for Sec. 52.741(a)(4)(i)(B)(3)(vi).
    (8) ASTM E180-85, Standard Practice for Determining the Precision of 
ASTM Methods for Analysis and Testing of Industrial Chemicals, for 
Sec. 52.741(a)(4)(i)(B)(3)(viii).
    (9) ASTM D2372-85, Standard Method of Separation of Vehicle from 
Solvent-Reducible Paints, for Sec. 52.741(a)(4)(i)(B)(3)(ix).
    (10) ASTM D2879-86, Standard Test Method for Vapor Pressure-
Temperature Relationship and Initial Decomposition Temperature of 
Liquids by Isoteniscope, for Sec. 52.741(a)(3), (a)(8)(ii), (a)(9)(iii), 
and (a)(10)(iii).
    (11) ASTM D323-82, Standard Test Method for Vapor Pressure of 
Petroleum Products (Reid Method), for Sec. 52.741(a)(3).
    (12) ASTM D86-82, Standard Method for Distillation of Petroleum 
Products, for Sec. 52.741(a)(3).
    (13) ASTM D3925-81(Reapproved 1985), Standard Practice for Sampling 
Liquid Paints and Related Pigment Coatings, for 
Sec. 52.741(a)(4)(i)(A)(1).
    (14) ASTM E300-86, Standard Practice for Sampling Industrial 
Chemicals, for Sec. 52.741(a)(4)(i)(A)(2).

    (b) The Evaporation Loss From External Floating-Roof Tanks, 
Publication 2517, second edition, February 1980, for Sec. 52.741(a)(3) 
is available for purchase from the American Petroleum Institute, 2101 L 
Street, NW., Washington, DC 20037.
    (c) The Standard Industrial Classification Manual, 1987, for 
Sec. 52.741(a)(3) is available for purchase from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402.
    (d) 35 Illinois Administrative Code 215, June 1989, subparts (B), 
(E) (sections 215.182, 215.183, and 215.184), (K) (sections 215.301 and 
215.302), (Q) (excluding sections 215.432 and 215.436), (R) (excluding 
sections 215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 
215.582, 215.583, and 215.584), and (Z) of 35 Ill. Adm. Code 215 for 
Sec. 52.741 (d)(l)-(d)(3); (e)(3), (e)(4); (h)(2); (i)(1), (i)(2); 
(j)(1)-(j)(3); (q)(1); (s)(1); (u)(1), (3); (v)(1); (w)(1); and (x)(1), 
(x)(3) is available from the United States Environmental Protection 
Agency, Air and Radiation Division, Region V, 230 S. Dearborn, Chicago, 
IL, 60604.

[55 FR 26909, June 29, 1990]



Sec. 52.743  Continuous monitoring.

    (a) Alternative monitoring requirements established under Section 
201.402 of Title 35, IAC must be either: Incorporated into a federally 
enforceable operating permit or construction permit or submitted to 
USEPA for approval as a revision to the Illinois State Implementation 
Plan (SIP). Illinois shall set forth alternative emissions monitoring 
and reporting requirements to satisfy the intent of 40 CFR part 51, 
appendix P whenever Illinois exempts any source subject to Section 
201.401 from installing continuous emission monitoring systems. Illinois 
may exempt a source if the source cannot install a continuous emission 
monitoring system because of physical plant limitations or extreme 
economic reasons, according to the criteria of Section 201.402.

[[Page 405]]

    (b) As codified at 40 CFR 52.737 (USEPA's approval of the Illinois 
operating permit program for the purpose of issuing federally 
enforceable construction and operating permits), USEPA reserves the 
right to deem an operating permit not federally enforceable. Such a 
determination will be made according to appropriate procedures including 
operating permit requirements promulgated at 54 FR 27274 (June 28, 1989) 
and will be based upon either; the permit, permit approval procedures or 
state or local permit requirements which do not conform with the 
operating permit program requirements or the requirements of USEPA's 
underlying regulations. Among other things, underlying requirements 
include 40 CFR 51.214 and part 51, appendix P and Illinois' approved 
SIP, 40 CFR part 52. Should USEPA deem an operating or construction 
permit containing alternative monitoring requirements not federally 
enforceable, the underlying continuous monitoring requirements at 
Section 201.401 of the State rule would be the Federal requirements 
contained in the SIP to which the source would be subject. This 
interpretation of the impact of an operating permit deemed not federally 
enforceable by USEPA on a source to which it was issued was acknowledged 
by the State in a March 3, 1993, letter from Bharat Mathur, Chief, 
Bureau of Air, Illinois Environmental Protection Agency, to Stephen 
Rothblatt, Chief, Regulation Development Branch, Region 5, USEPA.

[58 FR 17783, Apr. 6, 1993]



Sec. 52.744  Small business stationary source technical and environmental compliance assistance program.

    The Illinois program submitted on November 12, 1992, as a requested 
revision to the Illinois State Implementation Plan satisfies the 
requirements of section 507 of the Clean Air Act Amendments of 1990.

[58 FR 45451, Aug. 30, 1993]



                           Subpart P--Indiana



Sec. 52.769  Identification of plan--conditional approval.

    The plan revision commitment listed in paragraphs (a) and (b) of 
this section were submitted on the dates specified.
    (a) On February 25, 1994, Indiana submitted a revision to the 
definition of Volatile Organic Compound (VOC) in two parts as amendments 
to Title 326 of the Indiana Administrative Code (326 IAC) 1-2-48 (for 
nonphotochemically reactive hydrocarbon) and 1-2-90 (for VOC). The 
United States Environmental Protection Agency (USEPA) is conditionally 
approving the State's VOC definition, contingent on fulfillment of the 
State's commitment to adopt and submit a State Implementation Plan 
revision that would eliminate provisions which exclude vegetable oil 
from the State's definition of VOC by May 6, 1996. If the State fails to 
meet its commitment by the date listed above, the USEPA's conditional 
approval will automatically become a disapproval without further 
regulatory action.
    (1) Incorporation by reference.
    (i) (A) 326 IAC 1-2-48 Nonphotochemically reactive hydrocarbon 
definition and 1-2-90 Volatile Organic Compound definition. Filed with 
the Secretary of State, August 9, 1993, effective September 8, 1993, 
Published at Indiana Register, Volume 16, Number 12, September 1, 1993.
    (b) On February 25, 1994, Indiana submitted an amendment to Title 
326 of the Indiana Administrative Code (326 IAC) 8-5-5 to add Volatile 
Organic Compound (VOC) Reasonably Available Control Technology (RACT) 
requirements for graphic arts facilities in the Indiana severe ozone 
nonattainment area (Lake and Porter Counties) which have the potential 
to emit 25 tons per year or more of VOC. The United States Environmental 
Protection Agency (USEPA) is conditionally approving the State's graphic 
arts facilities VOC RACT rule, contingent on fulfillment of the State's 
commitment to

[[Page 406]]

adopt and submit a State Implementation Plan (SIP) revision that would 
correct deficiencies in the State's recordkeeping and reporting 
requirements, contained in 326 IAC 8-1-2, by May 6, 1996. In order to 
correct the deficiencies, the State must meet three requirements.
    The first requirement is for the monitoring, recordkeeping and 
reporting (MRR) requirements in the Indiana rules to be made more 
comprehensive to include more than: Daily volume-weighted averages of 
all coatings applied in a coating or printing line; and records of daily 
usage of gallons of solids coating and VOC content for each coating or 
ink solvent. Alternatively, when a source complies by using control 
devices, then records of monitoring parameters and other information 
must also be kept. The MRR requirements should also specify a period of 
time (i.e., 5 years) during which records shall be maintained at the 
facility. The second requirement is for the Indiana rules to be revised 
to require maintenance of records and reports of new or existing control 
devices. Records and reports that should be maintained include 
monitoring data, calibration and maintenance logs, and logs of operating 
time. The third requirement is for the Indiana rules to be revised to 
require the maintenance of records and reports for exempt sources such 
as: Information pertaining to the initial certification, calculations 
demonstrating that total potential emissions of VOC from all 
flexographic and rotogravure printing presses at the facility will be 
less than the required limits for each year, the maintenance of record 
for a period of 5 years, and the requirement that any exceedance will be 
reported to the Administrator within 30 days after the exceedance 
occurs. Exempt sources should calculate: Yearly potential emissions, 
yearly actual emissions, and the name, identification, VOC content, and 
yearly volume of coatings/inks. If the State ultimately fails to meet 
its commitment to meet these requirements by the date listed above, then 
USEPA's action for the State's requested SIP revision will automatically 
convert to a final disapproval without further regulatory action.

                     (1) Incorporation by reference.

    (i) (A) 326 IAC 8-5-5 Graphic arts operations. Filed with the 
Secretary of State, August 9, 1993, effective September 8, 1993, 
Published at Indiana Register, Volume 16, Number 12, September 1, 1993.

[60 FR 22241, 22242, May 4, 1995]



Sec. 52.770   Identification of plan.

    (a) Title of plan: ``State of Indiana Air Pollution Control 
Implementation Plan.''
    (b) The plan was officially submitted on January 31, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) The State Air Pollution Control Board submitted a SO2 
control strategy for the City of Indianapolis on March 16, 1972.
    (2) The Governor submitted Pub. L. 100, Regulation APC 12-R and 13 
through 17 on April 11, 1972.
    (3) On May 1, 1972, the Governor's office submitted an errata sheet 
and revised pages for the State plan.
    (4) A request for a nine month extension to achieve secondary 
SO2 standards in the Indianapolis Region was made by the Governor 
on May 16, 1972.
    (5) The State Air Pollution Control Board submitted additional 
information on surveillance methodology (non-regulatory) on May 17, 
1972.
    (6) Regulation APC 4-R was transmitted by the Governor on June 30, 
1972.
    (7) Assurance that emission data for sources was available for 
public inspection was given on July 24, 1972, by the Technical Secretary 
to the Indiana Board.
    (8) Clarification of a policy on availability of emission data to 
the public sent August 17, 1972, by the Technical Secretary to the 
Indiana Board.
    (9) On September 15, 1972, amendments to State control regulations 
13, 15 and 16 were submitted to the Governor.
    (10) On May 8, 1973, the Governor submitted a new regulation (APC-
19) which replaced APC-1.
    (11) The Governor submitted a transportation control plan for Marion 
County on October 19, 1973.

[[Page 407]]

    (12) On March 7, 1974, the Technical Secretary of the Air Pollution 
Control Board, acting for the Governor of Indiana, submitted new 
regulation APC-20.
    (13) On October 3, 1974, the Technical Secretary submitted revised 
regulations APC-16 covering CO, APC-17 covering NO2 and a new 
regulation APC-22 covering classification of counties for SO2, 
oxidants, particulates, NO2 and CO.
    (14) On November 8, 1974, the Technical Secretary submitted revised 
regulation APC-3 covering visible emissions and revised regulation APC-
15 covering hydrocarbons.
    (15) On December 5, 1974, the Technical Secretary submitted revised 
regulation APC-13 covering SO2. On July 18, 1975, an updated 
Technical Support Document on APC-13 was submitted by the Technical 
Secretary.
    (16) On June 14, 1976, the Technical Secretary submitted enforcement 
orders varying the final sulfur dioxide emission limitations for the 
Warrick and Culley electrical generating stations in Warrick County.
    (17) On March 16, 1977, the Technical Secretary submitted new 
regulation APC-8, Continuous Emission Monitoring; and revised 
regulations APC-7, Incinerators; and APC-14, Indiana Ambient Air Quality 
Standards.
    (18) On May 18, 1977, the Technical Secretary submitted revised 
regulation APC-2, Open Burning.
    (19) On June 26, 1979, the Governor submitted a revised sulfur 
dioxide strategy, including regulation APC 13 with appendix, which was 
promulgated by the State on June 19, 1979 for all areas of the State. 
This included the Part D sulfur dioxide regulations for Lake, LaPorte, 
and Marion Counties. On August 27, 1980 and July 16, 1981 the State 
committed itself to correct conditionally approved items within their 
strategy. On October 6, 1980, the State submitted a recodified version 
of APC 13 which was promulgated by the State on August 27, 1980. This 
included 325 IAC 7, 325 IAC 1.1-6, 325 IAC 1.1-7-2 and 4, 325 IAC 12-5-1 
and 2(a), 325 IAC 12-9-1 and 4, and 325 IAC 12-18-1 and 2. EPA is not 
taking action on: (i) 325 IAC 7 as it applies to Floyd and Vigo 
Counties, (ii) the 30-day averaging compliance method contained in 325 
IAC 7-1-3, and (iii) the stack height provision for NIPSCO's Mitchell 
Station in the Lake County SO2 strategy and (4) the stack height 
provisions for IPALCO's Stout Generating Chemicals Company, and Detroit 
Diesel Allison's Plant 8 in the Marion County SO2 strategy.
    (20) On June 26, 1979, the State of Indiana submitted to EPA 
revisions to the ozone and carbon monoxide portions (section 3.3.24) of 
its Marion County State Implementation Plan. On March 11, 1980, the 
state submitted revisions to the Marion County technical appendix to 
section 3.3.24. On May 19, 1980, the state submitted ozone and carbon 
monoxide attainment demonstrations for Marion County (section 1.5). On 
September 8, 1980 the state submitted its memoranda of understanding. On 
October 9 and October 15, 1980, the state submitted documentation 
concerning interagency coordination and the analysis of transportation 
control measures. On January 7, 1981, the state submitted corrections 
and clarifications in response to EPA's notice of proposed rulemaking 
(45 FR 81070).
    (21) On June 26, 1979 Indiana submitted a motor vehicle inspection 
and maintenance program for Clark, Floyd, Lake, and Porter Counties. 
Additional commitments were submitted on April 7, 1980; June 12, 1980; 
August 27, 1980; November 13, 1980 and November 24, 1980.
    (22) On June 26, 1979, Indiana made submittals pertaining to section 
121 Consultation, section 110(a)(2)(K)--Permit Fees, section 126--
Interstate Pollution, section 127--Public Notification, section 128--
State Boards and section 110(a)(2)(F) (ii) and (iii)--Continuous 
Emission Monitoring Additional commitments were secured on April 17, 
1980, June 25, 1980, August 1, 1980, November 10, 1980, December 9, 
1980, and December 31, 1980. A revised version of Indiana's continuous 
emission monitoring regulation (325 IAC 3) was submitted on October 6, 
1980.
    (23) On June 26, 1979, the State of Indiana submitted a revision to 
provide for modification of the existing air quality surveillance 
network.
    (24) On June 26, 1979, the Governor submitted a revised new source 
review

[[Page 408]]

regulation, APC-19. Additional information and commitments were 
submitted on June 25, 1980 and May 19, 1981. EPA is not taking action on 
section 7 of APC-19, Prevention of Significant deterioration.
    (25) On June 26, 1979 the Governor submitted revised emission limits 
for Knauf Fiberglass, Shelby County. Additional information was 
submitted by November 21, 1979. The emission limitations were recodified 
as 325 IAC 11-4 and 11-4 Appendix A and were resubmitted on October 6, 
1980.
    (26) On June 26, 1979 the Governor submitted Indiana's definition 
regulation, APC-1. The definitions were recodified as 325 IAC 1.1-1 and 
resubmitted on October 6, 1980. On January 21, 1981 Indiana submitted a 
revised definition for ``positive net air quality benefit.'' EPA is 
taking no action on 325 IAC 1.1-1-82, definition of ``State 
Implementation Plan (SIP).''
    (27) On October 6, 1980, Indiana submitted Regulation 325 IAC 1.1-2 
(formerly APC 14) which includes the primary and secondary ambient air 
quality standards for ozone and lead.
    (28) On February 26, 1981, Indiana submitted a revision to its plan 
waiving the State's sulfur dioxide air monitoring requirement of section 
4(a) of Regulation 325 IAC 7-1 for the area around Public Service of 
Indiana's Noblesville Generating Station.
    (29) On June 26, 1979, May 19, 1980, September 24, 1980, October 9, 
1980 and October 15, 1980, Indiana submitted transportation control 
plans and ozone demonstrations of attainment for Lake, Porter, Clark, 
Floyd, St. Joseph, Elkhart and Allen Counties. It also submitted a 
carbon monoxide demonstration of attainment for Lake County. EPA is 
taking no action on the ozone demonstration of attainment for St. 
Joseph, Elkhart and Allen Counties.
    (30) On April 10, 1981, Indiana submitted revised emission limits 
for Indiana Farm Bureau Cooperative Association's Beech Grove plant.
    (31) On February 11, 1980, Indiana submitted a revised sulfur 
dioxide strategy for Vigo County. Technical information was submitted on 
December 10, 1979 and on May 30, 1980. On October 6, 1980, the State 
submitted a recodified version of the Vigo County Regulations, 325 IAC 
Article 7, which was promulgated by the State on August 27, 1980. EPA is 
not taking action on the 30-day averaging compliance method contained in 
325 IAC 7-1-3 as it applies to Vigo County.
    (32) On November 24, 1981, Indiana submitted site specific emission 
limitations for Tecumseh Pipe Line Company, Schererville; and Wayne 
Transportation Division, Richmond.
    (33) On February 11, 1980, Indiana submitted APC 15. EPA is taking 
no action the ``bubble'' provisions contained in Section 8(a)(2) of 
revised APC 15.
    (34) On June 26, 1979, the Governor of Indiana submitted general TSP 
RACT emisson limits for nonattainment areas. These regulations were 
amended and recodified as 325 IAC 6-1 and resubmitted on October 6, 
1980. On October 6, 1980, the State submitted a revised TSP regulation 
for process sources, 325 IAC 6-3; a source specific Dearborn County 
strategy (amendments were submitted on August 10, 1981), 325 IAC 6-1-8; 
a source specific Dubois County strategy, 325 IAC 6-1-9; and a source 
specific Wayne County strategy (amendments were submitted on January 29, 
1981), 325 IAC 6-1-14. On February 11, 1980, Indiana submitted a source 
specific Marion County strategy (amendments were submitted on October 
28, 1981), 325 IAC 6-1-12. EPA is deferring rulemaking at this time on 
the coke battery emission limitations in the Marion County strategy. On 
January 29, 1981, the State submitted a source specific Vigo County 
strategy (amendments were submitted on October 28, 1981 and May 7, 
1982), 325 IAC 6-1-13; a source specific Howard County strategy, 325 IAC 
6-1-15; and a source specific Vanderburgh County strategy (amendments 
were submitted on October 28, 1981), 325 IAC 6-1-16. EPA is deferring 
rulemaking at this time on the coke battery emission limitations in the 
Vigo County strategy and on whether the Howard County strategy currently 
contains all the elements required by the Clean Air Act. On July 8, 
1981, the State submitted a source specific Clark County strategy, 325 
IAC 6-1-17, and a source specific St. Joseph County strategy, 325 IAC 6-
1-18. On January 29, 1981 and May 7, 1982, the

[[Page 409]]

State submitted additional information and commitments.
    (35) On October 6, 1980, Indiana submitted its regulations as 
recodified. Amendments were submitted on January 29, 1981 and March 18, 
1981. EPA's approval is directed specifically to the codification 
numbering system change, not to the substance within each of the 
codified rules.
    (36) [Reserved]
    (37) On May 10, 1982, Indiana submitted source specific emission 
limits contained in operating permits for the Bunge Corporation, Globe 
Industries, Skyline Corporation, and Dubois County Farm Bureau Co-op 
Assn., Inc. as revisions to the Indiana SIP.
    (38) On April 27, 1982, Indiana submitted source specific TSP 
emission limits for Huntingburg Wood Products, Jasper Desk Company, 
Jasper Office Furniture Company, Arist-O-Kraft Company, Mohr 
Construction Company, Dana Corporation, and Allis Chalmers Corporation. 
On April 29, 1982, Indiana submitted source specific VOC emission limits 
for McGee Refining Corporation, Hesco Industries, and Clark Oil and 
Refining Corporation.
    (39) On November 25, 1980, Indiana submitted 325 IAC Article 8, 
Volatile Organic Compound Regulations. This regulation adds Group II CTG 
requirements to Indiana's VOC plan and was State promulgated on October 
15, 1980. EPA is not taking action on 325 IAC 8-1.1 Section 2(b), Bubble 
Approach.
    (40) On November 24, 1981, Indiana submitted site specific emission 
limitations for Jeffboat, Inc., Jeffersonville.
    (41) On November 23, 1982, Indiana submitted source-specific 
emission limits for Paul H. Rohe Company, Inc.
    (42) On June 26, 1979, Indiana submitted its coke oven battery 
regulation, APC 9. On October 6, 1980 Indiana resubmitted this 
regulation recodified as 325 IAC 11-3. On August 27, 1981, Indiana 
submitted amendments to 325 IAC 11-3. EPA is taking no action on 325 IAC 
11-3-2(a), Pre-Carbonization Emissions. It is taking no action on 325 
IAC 11-3-2(i), Underfire Particulate and Sulfur Dioxide Emissions, as it 
applies to Lake County.
    (43) On February 26, 1981 and June 22, 1982, Indiana submitted a 
9.57 lbs/MMBTU sulfur dioxide emission limit for IMEC's Breed Generating 
Station in Sullivan County. This limit supersedes that approved at 
paragraph (c)(19).
    (44) On June 28, 1982, Indiana submitted new open burning 
regulations for Marion County. An amendment was submitted on August 25, 
1982.
    (45) On March 15, 1983, Indiana submitted a revision to the TSP and 
SO2 portions of its SIP in the form of operating permits for the 
Sisters of Providence Convent in St. Mary-of-the-Woods, Indiana.
    (46) On November 29, 1982, and December 9, 1982, Indiana submitted 
amendments to 325 IAC 11-4, Fiber Glass Insulation Manufacturing 
(Superfine Process) Limitations.
    (47) On August 17, 1983, Indiana submitted emission limits of 1.8 
lbs/hr and 2.4 tons/yr for the boilers at Jasper Cabinet Co., Dubois 
County. The 1.8 lbs/hr limit replaces the 7.6 lbs/hr limit approved for 
this source in subparagraph 34.
    (48) [Reserved]
    (49) On March 28, 1983, Indiana submitted a 20% 2-hour opacity limit 
as an ``equivalent visible emission limit'' (EVEL) for the underfire 
stack at Bethlehem Steel Corporation's Coke Battery No. 2 in Porter 
County. This EVEL is approved for as long as the SIP mass emission limit 
determined from 325 IAC 6-2 (October 6, 1980, submittal) for this source 
remains in the SIP See (c)(6), (35), and (42).
    (50) On December 21, 1983, the Indiana Air Pollution Control Board 
submitted Indiana Rule 325 IAC 6-2.1, Particulate Emission Limitations 
for Sources of Indirect Heating. This rule repeals and replaces Indiana 
Rule 325 IAC 6-2. See Secs. 52.770(c)(4) and (c)(35) and Sec. 52.776(i).
    (i) Incorporation by reference.
    (A) 325 IAC 6-2.1, revised regulation establishing Particulate 
Emission Limitations for Sources of Indirect Heating.
    (ii) Additional material.
    (A) December 21, 1983, submittal of Finding of Facts and 
Recommendations of Hearing Officer R. W. James on 325 IAC 6-2.1.
    (B) March 27, 1985, commitment letter from the State concerning the 
procedures the State will use in processing ``bubbles'' under 325 IAC 6-
2.1-2(B) and 3(b). See Sec. 52.776(i).

[[Page 410]]

    (51) On February 7, 1983, Indiana submitted revised opacity limits 
for existing boilers at Olin Corporation, located in Covington, Indiana. 
These ``equivalent visible emission limits'' (EVEL) are approved for as 
long as the SIP mass emission limit determined from 325 IAC 6-2 (October 
6, 1980 submittal) for this source remains in the SIP. See 
Sec. 52.770(c) (6) and (35) and Sec. 52.776(h)(2).
    (i) Incorporation by reference.
    (A) EVELs for Olin Corporation contained in Operating Permits issued 
by IAPCB, dated October 6, 1981.
    (ii) Additional material.
    (A) September 1, 1983, transmittal by IAPCD's A. Sunderland of 
Olin's Mass Emission Tests, dated August 26, 1983.
    (B) April 5, 1984, letter from IAPCD's E. Stresino transmitting 
original petition, including Method 9 opacity data.
    (52) On February 23, 1984, the Indiana Air Pollution Control Board 
submitted a revision to Indiana's SO2 SIP waiving the self-
monitoring requirement for Public Service Indiana's Edwardsport 
Generating Station, as set forth in section 4(a) of Rule 325 IAC 7-1. 
See (c)(19). This revision becomes effective once the Edwardsport 
Station achieves an annual operating capacity of no greater than 10%.
    (53) On October 6, 1980, Indiana submitted revised opacity 
regulation 325 IAC 5-1. It replaces 1972 APC 3 for process sources, 
approved at paragraph (b), and SIP 1974 APC 3 for combustion sources, 
approved in part at subparagraph (c)(14). Indiana does not intend 325 
IAC 5-1 to regulate the emission points in Lake County listed in Table 2 
of 325 IAC 6-1-110.2 (subparagraph (c)(57)). USEPA is disapproving 325 
IAC 5-1 for these sources. Indiana does not intend 325 IAC 5-1 to 
regulate certain coke battery emission sources listed in 325 IAC 11-3 
(subparagraph (c)(42)). USEPA is disapproving 325 IAC 5-1 as it applies 
to the provisions of 325 IAC 11-3 which USEPA disapproved at (c)(42), 
i.e., pushing and quenching sources throughout the State and coke oven 
doors in Lake and Marion Counties. Additionally, Indiana has modified 
325 IAC 5-1 as it applies to the stack emission points in Porter County 
listed at 325 IAC 6-6-4. USEPA disapproved 325 IAC 5-1 as it applies to 
these Porter County sources on February 5, 1987 (52 FR 3640). For those 
source categories where USEPA is disapproving 325 IAC 5-1, they remain 
regulated by the previously approved opacity SIP which consists of SIP 
1974 APC 3 for combustion sources and 1972 APC 3 for process sources. 
Additionally, as long as the Bethlehem Steel Corporation No. 2 Coke Oven 
Battery Underfire Stack EVEL (subparagraph (c)(49)) remains approved, it 
replaces 325 IAC 5-1.
    (i) Incorporation by reference.
    (A) A letter dated October 6, 1980 from the State of Indiana Air 
Pollution Control Board and 325 IAC 5-1, Visible Emission Limitations, 
State promulgated on August 26, 1980.
    (ii) Additional material.
    (A) February 12, 1985, letter from the Technical Secretary of the 
Air Pollution Control Board committing the State to make certain 
technical changes to 325 IAC 5-1.
    (54) On March 28, 1984, Indiana submitted a revised TSP emission 
limitation for Richmond State Hospital, Wayne County, Indiana. This 
limitation replaces the one in 325 IAC 6-1-14 which was previously 
approved at (c)(34).
    (i) Incorporation by reference.
    (A) On January 13, 1984, Indiana issued to Richmond State Hospital 
an amendment to operating permit, 89-04-85-0153, which revised its TSP 
emission limitations for the four boilers to 0.60 lbs/MMBTU with an 
annual total limit of 452 tons/yr.
    (55) On January 30, 1985, Indiana submitted revised VOC regulations 
325 IAC 8-1.1, 8-2, 8-3, 8-4 and 8-5 to satisfy certain conditions of 
USEPA's approval. Those regulations amended those approved at (c)(33) 
and (c)(34). In addition, the applicability of the regulations was 
extended to cover St. Joseph and Elkhart Counties. USEPA is taking no 
action on changes to 325 IAC 8-1.1-2(f), Methods of Compliance, and the 
repeal of 325 IAC 8-5-6, Perchloroethylene Dry Cleaning, because these 
exempt the compound perchloroethylene from control without the State 
justifying that such exemption is consistent with the Part D reasonably 
available control technology (RACT) requirements.

    Note: If Indiana allows use of a non-USEPA test method in the 
future, its use

[[Page 411]]

must be submitted to USEPA as a SIP revision.

    (i) Incorporation by reference.
    (A) Indiana's Volatile Organic Compounds (VOC) RACT I and II 
regulations, Title 325 Air Pollution Control Board:
    (1) 325 IAC 8-1.1, Establishes Volatile Organic Compound Emission 
Limitations. State promulgated on June 21, 1984, and amended November 7, 
1984.

    Note: 325 IAC 8-1.1-4 Test methods and procedures. If Indiana allows 
use of a non-USEPA test method in the future, its use must be submitted 
to USEPA as a SIP revision.

    (2) 325 IAC 8-2 Surface Coating Emission Limitations. State 
promulgated on June 21, 1984, and amended November 7, 1984.
    (3) 325 IAC 8-3 Solvent Metal Cleaning Operating Requirements. State 
promulgated on October 15, 1984, and amended November 7, 1984.
    (4) 325 IAC 8-4 Petroleum Sources. State promulgated on June 21, 
1984, and amended November 7, 1984.
    (5) 325 IAC 8-5 Miscellaneous Operations. State promulgated on June 
21, 1984, and amended November 7, 1984.
    (56) On September 2, 1983, the Indiana Air Pollution Control Board 
(Board) submitted revised emission limitations for Occidental Chemical 
Corporation (OCC), located in Clark County, Indiana. Amendments to these 
operating permits were submitted by the State on December 21, 1983. 
These emission limits replace those approved for OCC (under its former 
name, Hooker Chemical) at (c)(34).
    (i) Incorporation by reference.
    (A) Indiana Air Pollution Control Board Operation Permits:
    (1) Control Number 16113, date issued December 27, 1982.
    (2) Control Number 16114, date issued December 27, 1982.
    (3) Control Number 16115, date issued December 27, 1982.
    (ii) Additional material.
    (A) OCC corrected emissions dated September 13, 1984.
    (B) OCC's new modeled data, dated November 6, 1984.
    (C) State's modeling for OCC and surrounding area, dated July 2, 
1984 and August 7, 1984.
    (57) On October 11, 1983, October 24, 1983, and April 16, 1984, 
Indiana submitted a revised Lake County Total Suspended Particulates 
(TSP) Plan, including regulations 325 IAC 6-1-10.2 and 6-1-11.1. This 
plan is disapproved. See Sec. 52.776(j).
    (58) On November 13, 1984, Indiana submitted 325 IAC 13-2, Motor 
Vehicle Tampering and Fuel Switching.
    (i) Incorporation by reference.
    (A) Indiana Rule 325 IAC 13-2, promulgated by the State on September 
24, 1984.
    (59) On March 24, 1986, the State of Indiana submitted a negative 
declaration for synthetic organic chemical manufacturing industry 
(SOCMI) source leaks and oxidation, and for natural gas/gasoline 
processing plants. On April 14, 1986, the State of Indiana submitted a 
negative declaration for manufacturers of high-density polyethylene, 
polypropylene, and polystyrene resins, and for large petroleum dry 
cleaners.
    (i) Incorporation by reference.
    (A) Letter dated March 24, 1986, from Harry D. Williams, Director, 
Air Pollution Control Division, Indiana State Board of Health. Letter 
dated April 14, 1986, from Walter J. Kulakowski, Assistant Commissioner 
for Air Management, Department of Environmental Management.
    (60) On January 18, 1984, Indiana submitted as a revision to the TSP 
SIP certain operating conditions and limits for three coke oven 
batteries at Citizens Gas and Coke Utility in Marion County. The 
operating permits included conditions and limits for Batteries E, H and 
Number One with respect to visible emissions from coke oven doors and 
pushing operations and allowable content of total dissolved solids in 
quench makeup water. EPA disapproves the limit on coke oven door visible 
emissions and total dissolved solids content for quench makeup water on 
Battery Number One, because the limits are inconsistent with that 
battery's Part C Prevention of Significant Deterioration requirements 
and Part D Lowest Achievable Emission Rate requirements. See 
subparagraphs (c)(34) and (c)(42) for further background on actions 
concerning coke oven batteries.

[[Page 412]]

    (i) Incorporation by reference.
    (A) Certificates of Operation Numbers 06895, 06896, and 06897 for 
Citizens Gas and Coke Utility issued by the City of Indianapolis, dated 
June 30, 1980, with addition of operating conditions and emission 
limits, dated September 12, 1983, as adopted by the State on January 4, 
1984, and transmitted on January 18, 1984.
    (ii) Additional information.
    (A) September 7, 1983, letter from the City of Indianapolis to the 
State concerning quarterly analysis of coke quenching makeup water.
    (61) On October 15, 1984, Indiana submitted a revision to the Porter 
County total suspended particulate (TSP) plan, including regulation 325 
IAC 6-6, which was promulgated by Indiana on November 7, 1984. This plan 
is disapproved. See Sec. 52.776(l).
    (62) On March 4, 1985, Indiana submitted a revision to the Marion 
County carbon monoxide (CO) plan. USEPA approved this plan based on 
monitoring and modeling data and a commitment to implement a one-way 
street pair in the Indianapolis central business district. These 
elements demonstrate attainment of the CO National Ambient Air Quality 
Standards by December 31, 1987.
    (i) Incorporation by reference.
    (A) Marion County CO plan for attainment and maintenance of the CO 
NAAQS from Indianapolis Air Pollution Control Division, Sections 1.0, 
3.4, 4.1, 4.2, 4.3.1, 4.3.2, 4.4, 5.1, 5.5.4, 6.1, 6.2.1, 6.2.2, 6.3, 
and 6.4, dated November 12, 1984.
    (B) Letter from Indiana forwarding Marion County CO plan to USEPA, 
dated March 4, 1985.
    (ii) Additional material.
    (A) Portion of additional technical information from Indianapolis 
Air Pollution Control Division, including Section 1.0, dated August 28, 
1985.
    (B) Letter from Indiana forwarding additional technical information, 
dated October 7, 1985.
    (63) On January 23, 1986, the State submitted revisions to its Stage 
I Gasoline Dispensing regulations, which replace those conditionally 
approved at (c)(33), (c)(35)--Codification only, and (c)(55).
    (i) Incorporation by reference.
    (A) Letter of January 23, 1986 to EPA from the State of Indiana, and 
Title 325 Air Pollution Control Board Rule 325 IAC 8-4-6, Gasoline 
Dispensing Facilities, which was promulgated on January 14, 1986.
    (B) Title 325 Air Pollution Control Board Rule 8-1.1-3, Compliance 
Schedules, subsections (f), (g), and (h), which was promulgated on 
January 14, 1986.
    (64) On January 23, 1986, the State of Indiana submitted to USEPA a 
revision to the Indiana Lead State Implementation Plan in order to 
satisfy the requirements of 40 CFR 51.160 through 51.163 and 51.165(b) 
(formerly 40 CFR 51.18 (a) through (i) and 51.18(k)) for a new source 
review program, USEPA approved this revision for lead new source review 
only.
    (i) Incorporation by reference.
    (A) Construction and Operating Permit Requirements, 325 IAC 2-1.1 
promulgated on January 8, 1986.
    (B) Letter of November 17, 1987, to EPA from the Indiana Department 
of Environmental Management.
    (65) On November 30, 1981, Indiana established its air quality 
surveillance network for lead. On November 21, 1983, Indiana notified 
USEPA that Corning Glass was shut down. On February 18, 1987, Indiana 
submitted its regulation to control lead emissions, 325 IAC 15-1.
    (i) Incorporation by reference.
    (A) 325 IAC 15-1, Lead Emission Limitations, effective February 27, 
1987.
    (B) Letter of February 18, from the State of Indiana to EPA.
    (ii) Additional material.
    (A) A November 30, 1981, letter from Harry Williams, Technical 
Secretary, Indiana Air Pollution Control Board establishing Indiana's 
air quality surveillance network for lead.
    (B) A November 21, 1983, letter from Harry Williams, Technical 
Secretary, confirming that the Corning Glass facility in Wells County 
was permanently shut down and had been taken out of the State's emission 
inventory.
    (C) A June 9, 1987, letter from Timothy Method, Acting Assistant 
Commissioner, submitting a general strategy and additional increments of 
progress required of Hammond Lead.
    (66) On October 21, 1987, the State of Indiana submitted 325 IAC 7-
1-3.1, Reporting Requirements and Methods to

[[Page 413]]

Determine Compliance, as a revision to its SO2 plan. At paragraph 
(c)(19) of this section, USEPA approved/conditionally approved Indiana's 
SO2 plan, 325 IAC 7-1, for most areas of the State. However, the 
emission limits in this plan were set aside by the Court of Appeals for 
the Seventh Circuit because USEPA took no action on the State's 30-day 
averaging compliance method in 325 IAC 7-1-3. New compliance method 325 
IAC 7-1-3.1 replaces former 325 IAC 7-1-3. Therefore, with EPA's 
approval of 325 IAC 7-1-3.1, USEPA is reinstating its March 12, 1982, 
approval of Indiana's October 6, 1980, SO2 rule, 325 IAC 7-1-1,7-1-
2 (except for any emission limits in the below named counties), 7-1-4, 
7-1-5, 7-1-6, and 7-1-7. Other than these general provisions and 325 IAC 
7-1-3.1, USEPA is not acting on or approving today Indiana's SO2 
plan for Dearborn, Floyd, Gibson, Jefferson, Lake, LaPorte, Marion, 
Morgan, Porter, Sullivan, Vermillion, Vigo, Warrick, and Wayne Counties. 
Indiana recodified 325 IAC 7-1-1 through 7-1-7 to 326 IAC 7-1-1 through 
7-1-7 and submitted the recodified rules on November 16, 1988.
    (i) Incorporation by reference.
    (A) 326 IAC 7-1-1 through 326 7-1-7, Sulfur Dioxide Emission 
Limitations, as published in the April 1, 1988, Indiana Register (IR) at 
11 IR 2511.
    (67) On February 3, 1988, Indiana submitted its SO2 plan for 
Jefferson, LaPorte, Marion, Sullivan, and Wayne Counties; on March 23, 
1988, it submitted its SO2 plan for Vermillion County; and on 
August 1, 1988, it submitted its SO submitted the same rules in its 
plans for Jefferson, LaPorte, Marion, Sullivan, and Wayne Counties, as 
recodified into Title 326 of the Indiana Administrative Code. These 
plans consist of the provisions and requirements in 326nIAC 7-1 approved 
or reinstated for these counties at paragraph (c)(66), any SO2 
emission limits in 326 IAC 7-1-2 applicable in these counties (as 
incorporated by reference at (c)(66)(i)(C)), and the site-specific 
SO2 emission limits and other requirements in 326 IAC 7-1-13 
(Jefferson County), 326 IAC 7-1-12 (LaPorte County), 326 IAC 7-1-9 
(Marion County), 326 IAC 7-1-14 (Sullivan County), 326 IAC 7-1-15 
(Vermillion County), 326 IAC 7-1-10.1 (Vigo County), and 326 IAC 7-1-11 
(Wayne County).
    (i) Incorporation by reference.
    (A) 326 IAC 7-1-13, Jefferson County Sulfur Dioxide Emission 
Limitations, as published in the April 1, 1988, Indiana Register (IR) at 
11 IR 2526.
    (B) 326 IAC 7-1-12, LaPorte County Sulfur Dioxide Emission 
Limitations, as published on April 1, 1988, at 11 IR 2526.
    (C) 326 IAC 7-1-9, Marion County Sulfur Dioxide Emission 
Limitations, as published on April 1, 1988, at 11 IR 2518.
    (D) 326 IAC 7-1-14, Sullivan County Sulfur Dioxide Emission 
Limitations, as published on April 1, 1988, at 11 IR 2526.
    (E) 326 IAC 7-1-15, Vermillion County Sulfur Dioxide Emission 
Limitations, as published on March 1, 1988, at 11 IR 1735.
    (F) 326 IAC 7-1-10.1, Vigo County Sulfur Dioxide Emission 
Limitations, as published on August 1, 1988, at 11 IR 3785.
    (G) 325 IAC 7-1-11, Wayne County Sulfur Dioxide Emission 
Limitations, as published on April 1, 1988, at 11 IR 2525.
    (68) On December 2, 1983, Indiana submitted its transportation 
control plans as an element in its ozone strategy for Lake and Porter 
Counties. Further information was submitted on June 10, 1986.
    (i) Incorporation by reference. (A) Chapter 7, Mobile Source 
Strategies and Reductions, Sections A.1.a, 2, and 3 and Exhibits 7-1 and 
7-3 of Indiana's 1982 ozone and carbon monoxide plan, as adopted by the 
Indiana Air Pollution Control Board at its November 2, 1983, metting.
    (B) [Reserved]
    (ii) Additional material. (A) On June 10, 1986, Indiana submitted a 
May 23, 1986, letter from the Northwestern Indiana Regional Planning 
Commission discussing the Lake and Porter Counties' transportation 
control plans and their implementation.
    (B) [Reserved]
    (69) On December 2, 1983, Indiana submitted its ozone plan for Lake 
and Porter Counties, as adopted by the Indiana Air Pollution Control 
Board on November 2, 1983. On March 2, 1984, Indiana submitted as its 
attainment demonstration for Lake and Porter Counties, Illinois' 
attainment demonstration for the greater Chicago area. The

[[Page 414]]

greater Chicago attainment demonstration, as submitted by Indiana, and 
Indiana's overall ozone plan for Lake and Porter Counties is 
disapproved. See Secs. 52.773(i) and 52.777(d). The disapproval does not 
affect USEPA's approval (or conditional approval) of individual parts of 
Indiana'a ozone plan, and they remain approved. See Sec. 52.770(c) (20), 
(21), (29), (33), (38), (39), (55), (58), and (59).
    (70) On February 3, 1988, and August 23, 1988, Indiana submitted its 
lead plans for Quemetco, Inc., in Indianapolis; Exide Corporation in 
Logansport; C and D Power System in Attica; and General Battery 
Corporation in Frankfort. This included a recodification of its former 
lead rule, 325 IAC 15-1 (40 CFR 52.770(c)(65)), to 326 IAC 15-1 and 
revisions to this rule.
    (i) Incorporation by reference.
    (A) Title 326--Air Pollution Control Board--Indiana Administrative 
Code (326 IAC) 15-1, Lead Emission Limitations, as published in the 
Indiana Register (IR) on April 1, 1988, at 11 IR 2564.
    (B) Corrections of typographical, clerical, or spelling errors to 
the document printed at 11 IR 2368 (Indiana's recodified air rules, 
including 326 IAC 15-1), as published on August 1, 1988, at 11 IR 3921.
    (71) On March 23, 1988, Indiana submitted its SO2 plan for 
Morgan County; on July 12, 1988, it submitted its SO2 plan for 
Floyd County, and on November 16, 1988, it submitted its SO2 plan 
for Warrick County. On December 6, 1988, it submitted its Warrick County 
rule as published in the Indiana Register. These plans consist of the 
provisions and requirements in 326 IAC 7-1 approved or reinstated for 
these counties at paragraph (c)(66), and SO2 emission limits in 326 
IAC 7-1-2 applicable in these counties (as incorporated by reference at 
paragraph (c)(66)(i)(C) of this section), and the site-specific SO2 
emission limits and other requirements in 326 IAC 7-1-16 (Floyd County), 
326 IAC 7-1-18 (Morgan County), and 326 IAC 7-1-17 (Warrick County).
    (i) Incorporation by reference.
    (A) 326 IAC 7-1-16, Floyd County Sulfur Dioxide Emission 
Limitations, as published in the March 1, 1988, Indiana Register (IR) at 
11 IR 1737.
    (B) 326 IAC 7-1-18, Morgan County Sulfur Dioxide Emission 
Limitations, as published on June 1, 1988, at 11 IR 3018.
    (C) 326 IAC 7-1-17, Warrick County Sulfur Dioxide Emission 
Limitations, as published on December 1, 1988, at 12 IR 553.
    (72) On November 16, 1988, Indiana submitted its SO2 plan for 
Dearborn County; on July 12, 1988, it submitted its SO2 plan for 
Gibson County; on November 16, 1988, and December 6, 1988, it submitted 
its SO2 plan for Lake County, and on November 16, 1988, and 
December 6, 1988, it submitted its SO2 plan for Porter County. 
These plans consist of the provisions and requirements in 326 IAC 7-1 
approved or reinstated for these counties at paragraph (c)(66), any 
SO2 emission limits in 326 IAC 7-1-2 applicable in these counties 
(as incorporated by reference at paragraph (c)(66)(i)(C) of this 
section, and the site-specific SO2 emission limits and other 
requirements in 326 IAC 7-1-20 (Dearborn County), 326 IAC 7-1-8.1 (Lake 
County), 326 IAC 7-1-19 (Gibson County), and 326 IAC 7-1-21 (Porter 
County).
    (i) Incorporation by reference.
    (A) 326 IAC 7-1-20, Dearborn County Sulfur Dioxide Emission 
Limitations, as published in the August 1, 1988, Indiana Register (IR) 
at 11 IR 3784.
    (B) 326 IAC 7-1-19, Gibson County Sulfur Dioxide Emission 
Limitations, as published on June 1, 1988, at 11 IR 3019.
    (C) 326 IAC 7-1-8.1, Lake County Sulfur Dioxide Emission 
Limitations, as published on November 1, 1988, at 12 IR 262, and 
corrected on December 1, 1988, at 12 IR 597.
    (D) 326 IAC 7-1-21, Porter County Sulfur Dioxide Emission 
Limitations, as published on November 1, 1988, at 12 IR 259, and 
corrected on December 1, 1988, at 12 IR 597.
    (E) 326 IAC 7-1-1, Applicability, as published on December 1, 1988, 
at 12 IR 552.
    (73) [Reserved]
    (74) On July 23, 1987, the Indiana Department of Environmental 
Management submitted to USEPA a request for a site-specific revision to 
Indiana's ozone SIP. This revision consists of

[[Page 415]]

compliance date extensions until November 7, 1987, for Uniroyal's two 
fabric coaters and four vinyl printers at its Mishawaka plant, located 
in St. Joseph County, Indiana.
    (i) Incorporation by reference.
    (A) Air pollution Operation Permits Numbers: U 2 33-15A, U 2 34-23, 
U 2 33-14C, U 2 34-3C, U 2 33-16, U 2 33-18, Date issued December 1, 
1988, and Date Expires December 1, 1990.
    (75) [Reserved]
    (76) On October 21, 1987, the State submitted 325 IAC 8-1.1-5, 
Petition for alternative controls, which gives the provisions and 
requirements for petitioning for reasonably available control technology 
volatile organic compound plans. On November 16, 1988, the State 
submitted this rule recodified as 326 IAC 8-1-5, Petition for site-
specific reasonably available control technology (RACT) plan.
    (i) Incorporation by Reference
    (A) Title 326 Air Pollution Control Board, Indiana Administration 
Code (IAC) 8-1-5, Petition for site-specific reasonably available 
control technology (RACT) plan, as published in the April 1, 1988, 
Indiana Register, at Volume 11 IR 2530. Filed with the Secretary of 
State on March 10, 1988.
    (77) [Reserved]
    (78) On January 18, 1989, and June 23, 1989, Indiana submitted its 
revised lead plan for the HLP-Lead Plant of Hammond Lead Products, Inc. 
in Hammond Indiana. Additionally, minor changes were made to Indiana's 
overall lead rule, 326 IAC 15-1, Lead Emission Limitations.
    (i) Incorporation by reference.
    (A) Title 326--Air Pollution Control Board--Indiana Administrative 
Code (326 IAC) 15-1, as published in the Indiana Register (IR) on July 
1, 1989, at 1850. This rule was effective for State purposes on July 14, 
1989.
    (79) [Reserved]
    (80) On October 15, 1987, the State submitted 325 IAC 8-2-13, Wood 
Furniture and Cabinet Coating, as a portion of its 1982 ozone plan, 
which gives provisions and requirements for controlling volatile organic 
compound (VOC) emissions from sources located in Clark, Floyd, Lake and 
Porter Counties. On November 16, 1988, the State submitted this rule 
recodified as 326 IAC 8-2-12, Wood Furniture and Cabinet Coating.
    (i) Incorporation by reference.
    (A) Title 326 Air Pollution Control Board, Indiana Administrative 
Code (IAC) 8-2-1, Applicability of rule; and 326 IAC 8-2-12, Wood 
furniture and cabinet coating, as published in the April 1, 1988, 
``Indiana Register'' (IR), at 11 IR 2536 and corrected on March 1, 1989, 
at 12 IR 1394. Filed with the Secretary of State on March 10, 1988.
    (81) On April 11, 1988, the State submitted, as a portion of its 
1982 ozone plan, rules to control volatile organic compound (VOC) 
emissions in Lake and Porter Counties. These rules consist of the 
provisions and requirements in 326 IAC 14-1, General Provisions; 326 IAC 
14-8, Emission Standards for Equipment Leaks; and 326 IAC 14-9, Emission 
Limitations for Benzene from Furnace Coke Oven By-product Recovery 
Plants.
    (i) Incorporation by reference.
    (A) Amendments to title 326, Air Pollution Control Board, Indiana 
Administrative Code (IAC) 14-1 General Provisions; 326 IAC 14-8 Emission 
Standards for Equipment Leaks; (Fugitive Emission Sources); and 326 IAC 
14-9 Emission Limitations for Benzene from Furnace Coke Oven By-Product 
Recovery Plants, as published in the June 1, 1988, Indiana Register (IR) 
at 11 IR 3011. Filed with the Secretary of State on April 13, 1988.
    (82) [Reserved]
    (83) On January 21, 1981, the State submitted its revised 
Malfunctions Rule 325 IAC 1.1-5. On November 16, 1988, Indiana submitted 
its recodified regulations. This rule was renumbered 326 IAC 1-6, 
Malfunctions.
    (i) Incorporation by reference. (A) Title 326 of the Indiana 
Administrative Code (IAC), Rule 326 IAC 1-6: Malfunctions as published 
in the April 1, 1988, Indiana Register (IR) at 11 IR 2380. Filed with 
the Secretary of State on March 10, 1988.
    (ii) Additional materials. (A) On July 2, 1982, the State submitted 
clarifications of its intent for 325 IAC 1.1-5.
    (84) On October 27, 1989, and January 19, 1990, Indiana submitted 
its vehicle inspection and maintenance plan for Clark, Floyd, Lake, and 
Porter Counties.

[[Page 416]]

    (i) Incorporation by reference. (A) Title 326, Air Pollution Control 
Board, of the Indiana Administrative Code (IAC), Rule 13-1, Motor 
Vehicle Inspection and Maintenance Requirements, Adopted at 13 Indiana 
Register 500, effective January l, 1990.
    (85) On December 2, 1983, Indiana submitted its transportation 
control plan for Clark and Floyd Counties as one element in its ozone 
plan for the area. Additional material was submitted on May 14, 1986.
    (i) Incorporation by reference.  (A) Chapter 7, Mobile Source 
Strategies and Reductions, sections A.1.b and exhibits 7-2 and 7-4, as 
adopted by the Indiana Air Pollution Control Board at its November 2, 
1983, meeting.
    (ii) Additional material.  (A) On May 14, 1986, Indiana submitted an 
April 23, 1986, Letter from Jim Thorne, Transportation Director, 
Kentuckiana Regional Planning and Development Agency, discussing the 
Clark and Floyd Counties portion of the Louisville, Kentucky 
transportation control plan.
    (86) On February 15, 1990, Indiana submitted an amended rule which 
updates the applicable edition of the Code of Federal Regulations from 
the 1987 edition to the 1988 edition.
    (i) Incorporation by reference. (A) Title 326, Air Pollution Control 
Board, Indiana Administrative Code (IAC) 1-1-3, References to the Code 
of Federal Regulations, as published in the February 1, 1990, Indiana 
Register (IR), Volume 13 at IR 867. Filed with the Secretary of State on 
December 14, 1989.
    (87) On October 23, 1990, and August 19, 1991, the Indiana 
Department of Environmental Management submitted regulations adopted by 
the Indiana Air Pollution Control Board as part of title 326 of the 
Indiana Administrative Code and intended incorporation to the Indiana 
ozone plan as part of the stationary source control strategy.
    (i) Incorporation by reference.
    (A) The following volatile organic compound rules adopted by the 
Indiana Air Pollution Control Board as part of title 326 of the Indiana 
Administrative Code (326 IAC) and intended to partially satisfy the 
requirements of the Clean Air Act.
    (1) Effective October 23, 1988: 326 IAC 8-1-.05 Coating Definition, 
326 IAC 8-2-11 Fabric and Vinyl Coating.
    (2) Effective February 15, 1990: 326 IAC 1-2-48 Non-Photochemically 
Reactive Hydrocarbon Defined; 326 IAC 8-2-5 Paper Coating Operations.
    (3) Effective May 18, 1990: 326 IAC 1-2-18.5 Cold Cleaner Degreaser 
Defined; 326 IAC 1-2-21.5 Conveyorized Degreaser Defined; 326 IAC 1-2-
29.5 Freeboard Height Defined; 326 IAC 1-2-29.6 Freeboard Ratio Defined; 
326 IAC 1-2-49.5 Open Top Vapor Degreaser Defined; 326 IAC 8-2-9 
Miscellaneous Metal Coating Operations; 326 IAC 8-3-1 Organic Solvent 
Degreasing Operations; 326 IAC 8-5-3 Synthesized Pharmaceutical 
Manufacturing Operations; 326 IAC 8-5-5 Graphic Arts Operations.
    (4) Effective June 8, 1990: 326 IAC 8-1-2 Compliance Methods; 326 
IAC 1-2-90 Volatile Organic Compound (VOC) Definition; 326 IAC 8-1-4 
Testing Procedures.
    (5) Effective June 5, 1991: 326 IAC 1-2-14 Coating Line Definition; 
326 IAC 8-1-1 Applicability of Rule; 326 IAC 8-1-2 Compliance Methods; 
326 IAC 8-1-4 Testing Procedures; 326 IAC 8-2-1 Applicability; 326 IAC 
8-3-5 Cold Cleaner Degreaser Operation and Control; 326 IAC 8-3-6 Open 
Top Vapor Degreaser Operation and Control Requirements; 326 IAC 8-3-7 
Conveyorized Degreaser Operation and Control; 326 IAC 8-4-8 Leaks from 
Petroleum Refineries, Monitoring, Reports; 326 IAC 8-5-5 Graphic Arts 
Operations.
    (88) On February 15, 1990, the Indiana Department of Environmental 
Management submitted a request to revise the Indiana State 
Implementation Plan by adding a site specific particulate matter 
revision for Navistar International Transportation Corporation 
(Navistar) gray iron foundry and engine plant in Indianapolis, Indiana.
    (i) Incorporation by reference.
    (A) Title 326 Air Pollution Control Board, Indiana Administrative 
Code (IAC) 6-1-12 as amended, effective January 13, 1990.
    (89) On July 22, 1991, as supplemented on April 18, 1994, the State 
submitted regulations adopted by the Indiana Air Pollution Control Board 
as part of Title 326 of the Indiana Administrative Code for 
incorporation into the Indiana

[[Page 417]]

sulfur dioxide State Implementation Plan.
    (i) Incorporation by reference.
    (A) 326 Indiana Administrative Code 7-4-12.1: Gibson County sulfur 
dioxide emission limitations; effective December 5, 1990. Published in 
the Indiana Register, Volume 14, Number 3, December 1, 1990.
    (90) On March 3, 1989, the Indiana Department of Environmental 
Management submitted a request to revise the Indiana State 
Implementation Plan (SIP) by adding an emission trade or bubble for 
Joseph E. Seagram and Sons which is located in Lawrenceburg, Indiana. 
This requested SIP revision repeals rule 326 Indiana Administrative Code 
(IAC) 6-1-8, adds a new Section, 326 IAC 6-1-8.1, and amends 326 IAC 6-
1-7 to include a reference for the new Section and a recodification of 
the applicable rule.
    (i) Incorporation by reference. (A) Title 326 IAC 6-1-7 as published 
in the Indiana Register Volume 12, Number 6, March 1, 1989, effective 
April 9, 1989.
    (B) Title 326, IAC 6-1-8.1, repeal of 326 IAC 6-1-8 as published in 
the Indiana Register, Volume 12, Number 6, March 1, 1989, effective 
March 1, 1989.
    (91) On January 6, 1994, the State of Indiana submitted a requested 
revision to the Indiana State Implementation Plan (SIP) intended to 
satisfy the requirements of section 182(a)(3)(B) of the Clean Air Act as 
amended in 1990. Included were State rules establishing procedures for 
the annual reporting of emissions of volatile organic material (VOM) and 
oxides of nitrogen (NOx) as well as other regulated air pollutants by 
stationary sources in ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) Title 326 of the Indiana Administrative Code (326 IAC) 2-6 which 
was adopted by the Indiana Air Pollution Control Board, effective 
December 13, 1993.
    (92) On February 25, 1994, Indiana submitted an employee commute 
option rule intended to satisfy the requirements of section 182(d)(1)(B) 
of the Clean Air Act Amendments of 1990.
    (i) Incorporation by reference. (A) Title 326 of the Indiana 
Administrative Code, Article 19 MOBILE SOURCE RULES, Rule 1, Employee 
Commute Options. Filed with the Secretary of State, October 28, 1993, 
effective November 29, 1993. Published at Indiana Register, Volume 17, 
Number 3, December 1, 1993.
    (93) On February 25, 1994, the Indiana Department of Environmental 
Management requested a revision to the Indiana State Implementation Plan 
in the form of Stage II Vapor Recovery Rules as amendments to Title 326 
of the Indiana Administrative Code (326 IAC) 8-1-0.5 and 8-4-6.
    (i) Incorporation by reference.
    (A) 326 IAC 8-1-0.5 Definitions and 8-4-6 Gasoline dispensing 
facilities. Filed with the Secretary of State October 28, 1993, 
effective November 29, 1993. Published at Indiana Register, Volume 17, 
Number 3, December 1, 1993.
    (94) On February 25, 1994, Indiana requested a revision to the State 
Implementation Plan (SIP) in the form of amendments to Title 326: Air 
Pollution Control Board of the Indiana Administrative Code (326 IAC) 2-
1-1 and 2-1-3 which were intended to satisfy the additional new source 
review requirements of the Clean Air Act Amendments of 1990. The USEPA, 
at this time, is also approving the incorporation of permitting rules 
recodified as Article 2. Permit Review Rules of 326 IAC into the SIP to 
replace APC 19 which was incorporated into the Indiana SIP at 40 CFR 
52.770 (c)(24).
    (i) Incorporation by reference.
    (A) Amendments to Title 326 IAC 2-1-1, 2-1-2, 2-1-3, 2-3-1, 2-3-2, 
2-3-3, and 2-3-5. Filed with the Secretary of State November 12, 1993, 
effective December 13, 1993.
    (B) Amendments to Title 326 IAC 2-1-4, 2-1-5, 2-1-6, 2-1-7, 2-1-9, 
2-1-10, 2-1-11, 2-1-12, 2-1-13, 2-3-4. Filed with the Secretary of State 
March 10, 1988, effective April 9, 1988.
    (95) On May 22, 1994, the Indiana Department of Environmental 
Management submitted a request to revise the Indiana State 
Implementation Plan by adding a lead plan for Marion County which 
consists of a source specific revision to Title 326 of the Indiana 
Administrative Code (326 IAC) for Refined Metals.
    (i) Incorporation by reference.
    (A) Amendments to 326 IAC 15-1-2 Source-specific provisions. Filed 
with the Secretary of State March 25, 1994.

[[Page 418]]

Effective April 24, 1994. Published at Indiana Register, Volume 17, 
Number 8, May 1, 1994.
    (96) On August 3, 1994 and February 6, 1995, the Indiana Department 
of Environmental Management submitted a requested SIP revision to the 
ozone plan for ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code, Title 326: Air Pollution Control 
Board, Article 1: General Provisions, Rule 2: Definitions, Section 22.5 
``Department'' definition, Section 28.5 ``Federally enforceable'' 
definition, and Section 64.1 ``Reasonably available control technology'' 
or ``RACT'' definition. Added at 18 Indiana Register 1223-4, effective 
January 21, 1995.
    (B) Indiana Administrative Code, Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 7: Specific VOC 
Reduction Requirements for Lake, Porter, Clark, and Floyd Counties. 
Added at 18 Indiana Register 1224-9, effective January 21, 1995.
    (97) On October 25, 1994, the Indiana Department of Environmental 
Management requested a revision to the Indiana State Implementation Plan 
in the form of revisions to State Operating Permit Rules intended to 
satisfy Federal requirements for issuing federally enforceable State 
operating permits (FESOP) and thereby exempt certain small emission 
sources from review under the State's title V operating permit program. 
This FESOP rule is also approved for the purpose of providing federally 
enforceable emissions limits on hazardous air pollutants listed under 
section 112(b) of the Clean Air Act. This revision took the form of an 
amendment to Title 326: Air Pollution Control Board of the Indiana 
Administrative Code (326 IAC) 2-8 Federally Enforceable State Operating 
Permit Program.
    (i) Incorporation by reference. 326 IAC 2-8 Federally Enforceable 
State Operating Permit Program. Sections 1 through 17. Filed with the 
Secretary of State May 25, 1994. Effective June 24, 1994. Published at 
Indiana Register, Volume 17, Number 10, July 1, 1994.
    (98) On October 25, 1994, the Indiana Department of Environmental 
Management requested a revision to the Indiana State Implementation Plan 
in the form of revisions to State Operating Permit Rules intended to 
allow State permitting authorities the option of integrating 
requirements determined during preconstruction permit review with those 
required under title V. The State's Enhanced New Source Review 
provisions are codified at Title 326: Air Pollution Control Board (326 
IAC) 2-1-3.2 Enhanced New Source Review.
    (i) Incorporation by reference. 326 IAC 2-1-3.2 Enhanced new source 
review. Filed with the Secretary of State May 25, 1994. Effective June 
24, 1994. Published at Indiana Register, Volume 17, Number 10, July 1, 
1994.
    (99) On June 16, 1993, December 9, 1993, September 8, 1994, and 
November 17, 1994, Indiana submitted a part D particulate matter (PM) 
nonattainment area plan for the Lake County moderate nonattainment area.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 1: General Provisions, Rule 2: Definitions, Section 32.1: 
``Gooseneck cap'' definition, Section 34.1: ``Jumper pipe'' definition, 
Section 62.1: ``Quench car'' definition, Section 63.1: ``Quench 
reservoir'' definition, and Section 63.2: ``Quench tower'' definition. 
Added at 16 Indiana Register 2363, effective June 11, 1993.
    (B) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 5: Opacity Regulations, Rule 1: Opacity Limitations, 
Section 1: Applicability of rule, Section 2: Visible emissions 
limitations, Section 3: Temporary exemptions, Section 4: Compliance 
determination, Section 5: Violations, and Section 7: State 
implementation plan revisions. Amended at 16 Indiana Register 2363, 
effective June 11, 1993.
    (C) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6: Particulate Rules, Rule 1: Nonattainment Area 
Limitations, Opacity Limitations, Section 10.1: Lake County PM10 
emissions requirements (subsections a through k), Section 10.2: Lake 
County PM10 coke battery emissions requirements, and Section 11.1: Lake 
County fugitive particulate matter control requirements.

[[Page 419]]

Added at 16 Indiana Register 2363, effective June 11, 1993.
    (D) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 11: Emissions Limitations for Specific Types of 
Operations, Rule 3: Coke Oven Batteries, Section 2: Emissions 
limitations (subsections a through f, and i), and Section 4: Compliance 
determination. Amended at 16 Indiana Register 2363, effective June 11, 
1993.
    (100) On August 25, 1995, Indiana submitted a regulation which bans 
residential open burning in Clark, Floyd, Lake, and Porter Counties in 
Indiana. The regulation allows residential open burning, with certain 
restrictions, in other parts of the State, and describes other types of 
open burning which are allowed in Indiana.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 4: Burning Regulations, Rule 1: Open Burning, Section 3: 
Exemptions. Added at 18 In. Reg. 2408 Effective June 23, 1995.
    (101) On August 25, 1995, Indiana submitted a regulation which 
reduced the maximum allowable volatility for gasoline sold in Clark and 
Floyd Counties to 7.8 psi during the summer control period. The summer 
control period is June 1, to September 15, for retail outlets and 
wholesale customers, and May 1, to September 15, for all others.
    (i) Incorporation by reference. 326 Indiana Administrative Code 13-3 
Control of Gasoline Reid Vapor Pressure. Sections 1 through 7. Finally 
adopted by the Indiana Air Pollution Control Board January 11, 1995. 
Signed by the Secretary of State July 6, 1995. Effective August 5, 1995. 
Published at Indiana Register, Volume 18, Number 11, August 1, 1995.
    (102) On June 6, 1995, and on September 28, 1995 the Indiana 
Department of Environmental Management submitted State Implementation 
Plan (SIP) revisions establishing an enhanced inspection and maintenance 
(I/M) program in accordance with the requirements of the Clean Air Act 
as amended in 1990. The new enhanced I/M program replaces the basic I/M 
programs in operation in Lake, Porter, Clark, and Floyd Counties. The 
Air Pollution Control Board adopted new rule 326 IAC 13-1.1 and repealed 
existing 326 IAC 13-1, thereby putting in place a revised I/M program.
    (i) Incorporation by reference.
    (A) 326 Indiana Administrative Code 13-1.1 adopted April 5, 1995, 
effective October 1, 1995.
    (ii) Other material.
    (A) June 6, 1995 letter and enclosures from the Indiana Department 
of Environmental Management (IDEM) Commissioner to the Regional 
Administrator of the United States Environmental Protection Agency 
(USEPA) submitting Indiana's revision to the ozone State Implementation 
Plan (SIP).
    (B) September 28, 1995 letter and enclosures from the IDEM Assistant 
Commissioner to the Regional Administrator of USEPA submitting 
supplemental vehicle inspection and maintenance SIP revision information 
and documentation.
    (103) On August 25, 1995, the State submitted regulations adopted by 
the Indiana Air Pollution Control Board as part of title 326 of the 
Indiana Administrative Code for incorporation into the Indiana sulfur 
dioxide State Implementation Plan.
    (i) Incorporation by reference.
    (A) 326 Indiana Administrative Code 7-4-13(3); Dearborn County 
sulfur dioxide emission limitations; effective May 18, 1995. Published 
in the Indiana Register, Volume 18, Number 9, June 1, 1995.
    (104) On December 20, 1995, and February 14, 1996, Indiana submitted 
a Clean-Fuel Fleet Program for Lake and Porter Counties as a revision to 
the State Implementation Plan.
    (i) Incorporation by reference. 326 Indiana Administrative Code 19-3 
Clean Fuel Fleet Vehicles, Sections 1 through 7. Adopted by the Indiana 
Air Pollution Control Board October 4, 1995. Signed by the Secretary of 
State December 19, 1995. Effective January 18, 1996. Published at 
Indiana Register, Volume 19, Number 5, February 1, 1996.
    (105) On October 25, 1994, the Indiana Department of Environmental 
Management submitted a requested revision to the Indiana State 
Implementation Plan in the form of Source Specific Operating Agreement 
(SSOA) regulations. The SSOA regulations are intended to

[[Page 420]]

limit the potential to emit for a source to below the threshold level of 
Title V of the Clean Air Act. This revision took the form of an 
amendment to title 326: Air Pollution Control Board of the Indiana 
Administrative Code (326 IAC) 2-9-1, 2-9-2(a), 2-9-2(b), and 2-9-2(e) 
Source Specific Operating Agreement Program.

    (i) Incorporation by reference. 326 Indiana Administrative Code 2-9. 
Sections 1, 2(a), 2(b), and 2(e). Adopted by the Indiana Air Pollution 
Control Board March 10, 1994. Signed by the Secretary of State May 25, 
1994. Effective June 24, 1994. Published at Indiana Register, Volume 17, 
Number 10, July 1, 1994.
    (106) On September 19, 1995, and November 8, 1995, Indiana submitted 
automobile and mobile equipment refinishing rules for Clark, Floyd, 
Lake, and Porter Counties as a revision to the State Implementation 
Plan. This rule requires suppliers and refinishers to meet volatile 
organic compound content limits or equivalent control measures for 
coatings used in automobile and mobile equipment refinishing operations 
in the four counties, as well as establishing certain coating applicator 
and equipment cleaning requirements.
    (i) Incorporation by reference. 326 Indiana Administrative Code 8-
10: Automobile refinishing, Section 1: Applicability, Section 2: 
Definitions, Section 3: Requirements, Section 4: Means to limit volatile 
organic compound emissions, Section 5: Work practice standards, Section 
6: Compliance procedures, Section 7: Test procedures, Section 8: Control 
system operation, maintenance, and monitoring, and Section 9: Record 
keeping and reporting. Adopted by the Indiana Air Pollution Control 
Board June 7, 1995. Filed with the Secretary of State October 3, 1995. 
Published at Indiana Register, Volume 19, Number 2, November 1, 1995. 
Effective November 2, 1995.
    (107) On August 8, 1995, Indiana submitted a site specific SIP 
revision request for Richmond Power and Light in Wayne County Indiana. 
The submitted revisions provide for revised particulate matter and 
opacity limitations on the number 1 and number 2 coal fired boilers at 
Richmond Power and Light's Whitewater Generating Station. The revisions 
also allow for time weighted averaging of stack test results at Richmond 
Power and Light to account for soot blowing. Indiana is making revisions 
to 326 IAC 3-2-1, which currently allows Indiana to authorize 
alternative emission test methods for Richmond Power and Light. Until 
the rule is revised to remove this authority, and approved by the United 
States Environmental Protection Agency, no alternate emission test 
method, changes in test procedures or alternate operating load levels 
during testing is to be granted to Richmond Power and Light.
    (i) Incorporation by reference. Indiana Administrative Code Title 
326: Air Pollution Control Board, Article 3: Monitoring Requirements, 
Rule 2.1: Source Sampling Procedures, Section 5: Specific Testing 
Procedures; Particulate Matter; Sulfur Dioxide; Nitrogen Oxides; 
Volatile Organic Compounds; Article 5: Opacity Regulations, Rule 1: 
Opacity Limitations, Section 2: Visible Emission Limitations; and 
Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, 
Section 14: Wayne County. Added at 18 In. Reg. 2725. Effective July 15, 
1995.
    (ii) Additional Information. (A) August 8, 1995 letter from the 
Indiana Department of Environmental Management to USEPA Region 5 
regarding submittal of a state implementation plan revision for Richmond 
Power and Light.
    (108) On August 29, 1995, Indiana submitted a site specific SIP 
revision request for Allison Engine Company in Marion County, Indiana. 
The revision provides limits of 0 tons per year for boilers 2 and 11, 
which have shut down. The hourly mass limits remain unchanged at 0.337 
pounds per million British Thermal Units (lbs/MMBTU) for boilers 1-4 of 
plant 5, 0.15 lbs/MMBTU for boilers 3-6 of plant 8, and 0.15 lbs/MMBTU 
for boilers 7-10 of plant 8. The rule provides for a combined limit of 
130.0 tons per year for the boilers mentioned above, as well as new 
limits on the types and amounts of fuel which may be burned at the 
boilers, and a recordkeeping requirement to document compliance.
    (i) Incorporation by reference. Indiana Administrative Code Title 
326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: 
Nonattainment Area Limitations, Section 12:

[[Page 421]]

Marion County. Added at 19 In. Reg. 186. Effective November 3, 1995.

[37 FR 10863, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.770, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Note: 1. At 61 FR 29963, June 13, 1996, Sec. 52.770 
was amended by adding paragraph (c)(108), effective Aug. 12, 1996.

    2. At 61 FR 29970, June 13, 1996, Sec. 52.770 was amended by adding 
paragraph (c)(106), effective Aug. 12, 1996.



Sec. 52.771   Classification of regions.

    (a) The Indiana 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)
----------------------------------------------------------------------------------------------------------------
East Central Indiana Intrastate......................          II         II       III       III           III  
Evansville (Indiana)-Owensboro-Henderson (Kentucky)                                                             
 Interstate..........................................           I         II       III       III           III  
Louisville Interstate................................           I          I       III       III             I  
Metropolitan Chicago Interstate (Indiana-Illinois)...           I          I         I         I             I  
Metropolitan Cincinnati Interstate...................           I         II       III       III             I  
Metropolitan Indianapolis Intrastate.................           I          I         I         I             I  
Northeast Indiana Intrastate.........................          II        III       III       III           III  
South Bend-Elkhart (Indiana)-Benton Harbor (Michigan)                                                           
 Interstate..........................................           I         IA       III       III           III  
Southern Indiana Intrastate..........................          IA         IA       III       III           III  
Wabash Valley Intrastate.............................           I          I       III       III           III  
----------------------------------------------------------------------------------------------------------------

    (b) The requirements of Sec. 51.150 of this chapter are not met by 
the classification of counties in APC-22 for the purposes of attainment 
and maintenance of the total suspended particulate ambient air quality 
standards.
    (c) The requirements of Sec. 51.150 of this chapter are not met by 
the classification of counties in APC-22 for the purposes of attainment 
and maintenance of the photochemical oxidant (hydrocarbon) ambient air 
quality standards.
    (d) The requirements of Sec. 51.150 of this chapter are not met by 
the classification of Jefferson, LaPorte, Porter, Vigo and Warrick 
Counties in Indiana in Regulation APC-22 for the purposes of attainment 
and maintenance of the sulfur dioxide ambient air quality standards.

[37 FR 10863, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 40 
FR 50033, Oct. 28, 1975; 41 FR 35677, Aug. 24, 1976; 42 FR 34519, July 
6, 1977; 51 FR 40675, Nov. 7, 1986]
Sec. 52.772  [Reserved]



Sec. 52.773  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Indiana's plan for attainment and maintenance of the National 
Ambient Air Quality Standards under section 110 of the Clean Air Act.
    (b) [Reserved]
    (c) The Administrator finds that Indiana's new source review 
strategy satisfies all requirements of Part D, Title 1 of the Clean Air 
Act as amended in 1977.
    (d)--(e) [Reserved]
    (f) The Administrator finds ozone strategies for Clark, Elkhart, 
Floyd, Lake, Marion, Porter, and St. Joseph Counties satisfy all 
requirements of Part D, Title I of the Clean Air Act that are required 
to be submitted by January 1, 1981, except as noted below.
    (g) The administrator finds that the total suspended particulate 
strategies for Clark, Dearborn, Dubois, St. Joseph, Vanderburgh, and 
Vigo Counties satisfy all the requirements of Part D, Title I of the 
Clean Air Act except as noted below.
    (h) The Administrator finds that the SO2 strategies for Lake, 
LaPorte, Marion, Vigo, and Wayne Counties satisfy all requirements of 
Part D, Title 1 of the Clean Air Act, as amended in 1977. See 
Sec. 52.770 (c)(67) and (c)(72).
    (i) The Administrator finds that Indiana's ozone plan for Lake and 
Porter

[[Page 422]]

Counties, which was required to be submitted by July 1, 1992, does not 
satisfy all the requirements of part D, title 1 of the Clean Air Act 
and, thus, is disapproved. See Secs. 52.770(c)(69)and 52.770(d). The 
disapproval does not affect USEPA's approval (or conditional approval) 
of individual parts of Indiana's ozone plan and they remain approved.
    (j) The Administrator finds that the following portions of Indiana's 
ozone and CO plans satisfy the related requirements of part D, title 1 
of the Clean Air Act, as amended in 1977:
    (1) The transportation control plans for Lake, Porter, Clark and 
Floyd Counties, submitted on May 14, 1986, June 10, 1986, and April 6, 
1987.
    (2) The vehicle inspection and maintenance plan for Clark, Floyd, 
Lake, and Porter Counties, submitted October 27, 1989, and January l9, 
1990.
    (3) The demonstration of attainment, submitted December 2, 1983, and 
the carbon monoxide plan as a whole for the designated nonattainment 
area in Lake County.

[37 FR 10864, May 31, 1972, as amended at 46 FR 38, Jan. 2, 1981; 47 FR 
6275, Feb. 11, 1982; 47 FR 6623, Feb. 16, 1982; 47 FR 10825, Mar. 12, 
1982; 47 FR 20586, May 13, 1982; 47 FR 30980, July 16, 1982; 51 FR 4915, 
Feb. 10, 1986; 53 FR 33811, Sept. 1, 1988; 53 FR 46613, Nov. 18, 1988; 
54 FR 2118, Jan. 19, 1989; 55 FR 31052, July 31, 1990; 59 FR 51114, Oct. 
7, 1994]
Sec. 52.774  [Reserved]



Sec. 52.775   Legal authority.

    (a) The requirements of Sec. 51.232(b) of this chapter are not met 
since the following deficiencies exist in the local agency legal 
authority:
    (1) East Chicago: (i) Authority to require recordkeeping is 
inadequate (Sec. 51.230(e) of this chapter).
    (ii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (2) Evansville: (i) Authority to prevent construction, modification, 
or operation of any stationary source at any location where emissions 
from such source will prevent the attainment or maintenance of a 
national standard is inadequate (Sec. 51.230(d) of this chapter).
    (ii) Authority to require recordkeeping is inadequate 
(Sec. 51.230(e) of this chapter).
    (iii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (3) Gary: (i) Authority to require recordkeeping is inadequate 
(Sec. 51.230(e) of this chapter).
    (ii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (4) Hammond: (i) Authority to require recordkeeping is inadequate 
(Sec. 51.230(e) of this chapter).
    (ii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (5) Indianapolis: (i) Authority to require recordkeeping is 
inadequate (Sec. 51.230(e) of this chapter).
    (ii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (6) Michigan City: (i) Authority to require recordkeeping is 
inadequate (Sec. 51.230(e) of this chapter).
    (ii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (7) Wayne County: (i) Authority to require recordkeeping and to make 
inspections and conduct tests of air pollution sources is inadequate 
(Sec. 51.230(e) of this chapter).
    (ii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (iii) Authority to prevent construction, modification, or operation 
of any stationary source at any location where emissions from such 
source will prevent the attainment or maintenance of a national standard 
is inadequate (Sec. 51.230(d) of this chapter).
    (8) Lake County: (i) Authority to require installation of monitoring 
devices is inadequate (Sec. 51.230(f) of this chapter).
    (ii) Authority to prevent construction, modification, or operation 
of any stationary source at any location where emissions from such 
source will prevent the attainment or maintenance of a national standard 
is inadequate (Sec. 51.230(d) of this chapter).
    (9) St. Joseph County: (i) Authority to prevent construction, 
modification, or operation of any stationary source at any location 
where emissions from such source will prevent the attainment or 
maintenance of a national

[[Page 423]]

standard is inadequate (Sec. 51.230(d) of this chapter).
    (ii) Authority to require recordkeeping is inadequate 
(Sec. 51.230(e) of this chapter).
    (iii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (10) Vigo County: (i) Authority to require recordkeeping is 
inadequate (Sec. 51.230(e) of this chapter).
    (ii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (iii) Authority to prevent construction, modification, or operation 
of any stationary source at any location where emissions from such 
source will prevent the attainment or maintenance of a national standard 
is inadequate (Sec. 51.230(d) of this chapter).
    (11) Anderson County: (i) Authority to require installation of 
monitoring devices is inadequate (Sec. 51.230(f) of this chapter).

[37 FR 10863, May 31, 1972, as amended at 40 FR 55329, Nov. 28, 1975; 51 
FR 40676, Nov. 7, 1986; 52 FR 24367, June 30, 1987]



Sec. 52.776   Control strategy: Particulate matter.

    (a) The requirements of subpart G of this chapter are not met since 
the plan does not provide for attainment and maintenance of the 
secondary standards for particulate matter in the Metropolitan 
Indianapolis Intrastate Region.
    (b) APC 4-R of Indiana's ``Air Pollution Control Regulations'' 
(emission limitation for particulate matter from fuel combustion 
sources), which is part of the control strategy for the secondary 
standards for particulate matter, is disapproved for the Metropolitan 
Indianapolis Intrastate Region since it does not provide the degree of 
control needed to attain and maintain the secondary standards for 
particulate matter. APC 4-R is approved for attainment and maintenance 
of the primary standards for particulate matter in the Metropolitan 
Indianapolis Intrastate Region.
    (c) APC-3 of Indiana's Air Pollution Control Regulations (visible 
emission limitation) is disapproved insofar as the phrase ``for more 
than a cumulative total of 15 minutes in a 24-hour period'' will 
interfere with attainment and maintenance of particulate standards.
    (d) [Reserved]
    (e) Part D--Conditional Approval--The complete Indiana plan for 
Clark, Dearborn, Dubois, Marion (except for coke batteries), St. Joseph, 
Vanderburgh, and Vigo Counties is approved provided that the following 
condition is satisfied:
    (1) The Part D Plan must contain Industrial Fugitive Dust 
Regulations. The State must submit these by July 31, 1982.
    (f) 325 IAC 11-3-2(f), (as amended on August 27, 1981) is not 
approved as it applies to Lake and Marion Counties, insofar as it does 
not meet the requirements of section 172(b)(3) of the Clean Air Act.
    (g) 325 IAC 11-3-2(g) and 11-3-2(h) (as amended on August 27, 1981) 
are disapproved insofar as they do not meet the requirements of section 
110(a)(2)(D) of the Clean Air Act.
    (h) Equivalent Visible Emission Limits (EVEL). (1) A 20% 2-hour 
opacity limit for the underfire stack at Bethlehem Steel Corporation's 
Coke Battery No. 2 in Porter County is approved as an EVEL to determine 
compliance with the 325 IAC 6-2 SIP limit of 0.33 lbs/MMBTU. This EVEL 
is approved for as long as the SIP mass emission limit for this source 
remains the same as determined by 325 IAC 6-2 (October 6, 1980, 
submittal). See Sec. 52.770(c)(6), (35), and (42).
    (2) Revised opacity limits for the boilers at Olin Corporation in 
Warren County are approved at Sec. 52.770(c)(51) as an EVEL to determine 
compliance with the 325 IAC 6-2 SIP limit of 0.80 lbs/MMBTU. This EVEL 
is approved for as long as the SIP mass emission limit for this source 
remains the same as determined by 325 IAC 6-2 (October 6, 1980 
submittal). See Sec. 52.770(c)(6) and (35).
    (i) 325 IAC 6-2.1 is approved with the State's March 27, 1985, 
commitment that any ``bubble'' approved by the State under 325 IAC 6-
2.1-2(b) and 3(b) will also be subject to the State's general ``bubble'' 
regulation, 325 IAC 2-4. The State additionally committed that until 
such time as 325 IAC 2-4 is approved as a part of the SIP, all such 
limits approved under the bubbling

[[Page 424]]

provisions of 325 IAC 6-2.1-2(b) and 3(b) will be submitted as site 
specific revisions to the SIP. Unless and until these emission point 
specific limits are approved as a portion of the SIP, the SIP limit for 
each individual emission point will remain the general limit calculated 
by means of the formulae in 325 IAC 6-2.1-2(a) and 3(a), even though a 
revised emission point specific limit has been adopted by Indiana under 
325 IAC 6-2.1-2(b) and 3(b). See 52.770(c)(50).
    (j) The revised Lake County Total Suspended Particulates (TSP) Plan, 
comprised of submittals dated October 11, 1983, October 24, 1983, and 
April 16, 1984, is disapproved because the State did not demonstrate 
that it assures attainment and maintenance of the primary TSP National 
Ambient Air Quality Standards in Lake County, Indiana. See 40 CFR 
51.10(b).
    (k) On January 18, 1984, Indiana submitted a visible emission limit 
on coke oven battery doors and a limit on total dissolved solids content 
of coke quench makeup water for Battery Number One at Citizens Gas and 
Coke Utility in Marion County. These limits are disapproved because they 
are impermissible relaxations of requirements for each new major 
stationary sources, as provided at Sec. 52.21(j)(2) and section 173 of 
the Clean Air Act. See Sec. 52.770(c)(60).
    (l) The revised Porter County TSP plan, as submitted by Indiana on 
October 15, 1984, is disapproved, because the State did not demonstrate 
that it assures the attainment and maintenance of the primary TSP NAAQS 
in Porter County, Indiana. See Sec. 52.770(c)(61).
    (m) The Indiana Part D TSP plan is disapproved insofar as it does 
not contain RACT level opacity limits for certain process fugitive 
sources in TSP nonattainment areas and, therefore, does not meet the 
requirements of section 172 of the Clean Air Act.
    (n) Approval--On June 23, 1988, and July 17, 1989, the State of 
Indiana submitted committal SIPs for particulate matter with an 
aerodynamic diameter equal to or less than 10 micrometers (PM10) 
for the Group II areas within Marion and Vigo Counties and all of Porter 
County, respectively. The committal SIPs meet all the requirements 
identified in the July 1, 1987, promulgation of the SIP requirements for 
PM10 at 52 FR 24681.
    (o) Approval--On November 16, 1988 and September 10, 1992, Indiana 
submitted the following list of control measures for particulate matter 
(PM) already in its State Implementation Plan as a Group III Plan: 326 
IAC 1-3-2, its air monitoring network, its list of possible additional 
sites for PM, its Prevention of Significant Deterioration rules and the 
following control measures which are part of 325 IAC: 2, Permit Review 
Rules; 5-1, Opacity Limitations; 6-1-1 to 6-1-6, Nonattainment Area 
Limitations; 6-1-8, Dearborn County; 6-1-9, Dubois County; 6-1-12, 
Marion County; 6-1-13, Vigo County; 6-1-14, Wayne County; 6-1-15, Howard 
County; 6-1-16, Vandenburgh County; 6-1-17, Clark County; 6-1-18, St. 
Joseph County; 6-2, Particulate Emissions Limitations for Sources of 
Indirect Heating; 6-3, Process Operations; 6-4, Fugitive Dust Emissions; 
11-1, Existing Foundries; 11-4, Fiberglass Insulation Manufacturing; 11-
5, Fluoride Emission Limitations for Existing Primary Aluminum Plants.
    (p) Approval-On January 13, 1993, the State of Indiana submitted a 
particulate matter State Implementation Plan revision for the Vermillion 
County nonattainment area. Additional information was submitted on 
February 22, 1993, and April 8, 1993. These materials demonstrate that 
the plan will provide for attainment of the National ambient air quality 
standards for particulate matter by December 31, 1994, in accordance 
with section 189(a)(1)(B) of the Clean Air Act.

[37 FR 15084, July 27, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.776, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.777   Control strategy: Photochemical oxidants (hydrocarbons).

    (a) The requirements of subpart G of this chapter are not met 
because the plan does not provide for attainment and maintenance of the 
national standards for photochemical oxidants (hydrocarbons) in the 
Metropolitan Indianapolis Intrastate Region by May 31, 1975.

[[Page 425]]

    (b) The requirements of subpart G are not met by Revised APC-15 
(November 8, 1974 submission) because it does not provide for attainment 
and maintenance of the photochemical oxidant (hydrocarbon) standards 
throughout Indiana.
    (c) Part D--Conditional approval--The 1979 Indiana plan for Clark, 
Floyd, Elkhart, Lake, Marion, Porter, and St. Joseph Counties is 
approved provided the following conditions are satisfied:
    (1) The plan for stationary source volatile organic compound control 
must contain the following:
    (i)--(iv) [Reserved]
    (v) For regulation 325 IAC 8-5, Section 6, Perchloroethylene Dry 
Cleaning, the State must conduct a study to demonstrate that the 1,500 
gallons exemption meets RACT requirements and submit the results to EPA 
within 6 months of the effective date of final rulemaking on 325 IAC 8 
for VOC from Group II CTG source categories. If the demonstrated 
emissions resulting from the State's exemption are not essentially 
equivalent to those resulting from the RACT requirements, then the State 
must submit to EPA by July 1, 1983, a rule which requires control of 
emissions from dry cleaning sources using less than 1,500 gallons of 
perchloroethylene per year.
    (2) The stationary source volatile organic control measures 
submitted by the State on October 23, 1990, and August 19, 1991, are 
approved as described in 40 CFR 52.770(c)(87) with the exception of 326 
IAC 8-5-4 Pneumatic Rubber Tire Manufacturing, on which USEPA has taken 
no action. It should be noted that although the State's control measures 
provide that equivalent test methods, alternative emission controls, and 
revisions in rule applicability must be submitted to the USEPA as 
proposed revisions to the State Implementation Plan (SIP), such proposed 
SIP revisions are not part of the SIP unless and until they are approved 
as such by the USEPA.
    (d) Part D--Disapproval. The 1982 Indiana plan for Lake and Porter 
County is disapproved because it does not assure the attainment and 
maintenance of the NAAQS there. See Secs. 52.770(c)(69) and 52.773(i). 
The disapproval does not affect USEPA's approval (or conditional 
approval) of individual parts of Indiana's ozone plan and they remain 
approved.
    (e) Approval--The Administrator approves the incorporation of the 
photochemical assessment ambient monitoring system submitted by Indiana 
on November 15, 1993, into the Indiana State Implementation Plan. This 
submittal satisfies 40 CFR 58.20(f), which requires the State to provide 
for the establishment and maintenance of photochemical assessment 
monitoring stations (PAMS) by November 12, 1993.
    (f) Approval. The Indiana Department of Environmental Management 
submitted two ozone redesignation requests and maintenance plans 
requesting the ozone nonattainment areas to be redesignated to 
attainment for ozone: South Bend/Elkhart (St. Joseph and Elkhart 
Counties), submitted on September 22, 1993; Indianapolis (Marion 
County), submitted on November 12, 1993. The redesignation requests and 
maintenance plans meet the redesignation requirements in section 
107(d)(3)(d) of the Act as amended in 1990. The redesignations meet the 
Federal requirements of section 182(a)(1) of the Clean Air Act as a 
revision to the Indiana Ozone State Implementation Plan for the above 
mentioned counties.
    (g) The base year ozone precursor emission inventory requirement of 
section 182(a)(1) of the Clean Air Act, as amended in 1990, has been 
satisfied for the following areas: Vanderburgh County in the Evansville 
Metropolitan Area; Marion County in the Indianapolis Metropolitan Area; 
and St. Joseph and Elkhart Counties in the South Bend Metropolitan Area.
    (h) On November 17, 1993, Indiana submitted two of three elements 
required by section 182(d)(1)(A) of the Clean Air Amendments of 1990 to 
be incorporated as part of the vehicle miles traveled (VMT) State 
Implementation Plan intended to offset any growth in emissions from a 
growth in vehicle miles traveled. These elements are the offsetting of 
growth in emissions attributable to growth in VMT which was due November 
15, 1992, and, any transportation control measures (TCMs) required as 
part of Indiana's 15 percent reasonable further progress (RFP) plan

[[Page 426]]

which was due November 15, 1993. Indiana satisfied the first requirement 
by projecting emissions from mobile sources and demonstrating that no 
increase in emissions would take place. Indiana satisfied the second 
requirement by determining that no TCMs were required as part of 
Indiana's 15 percent RFP plan.
    (i) Approval--EPA is approving the section 182(f) oxides of nitrogen 
(NOX) reasonably available control technology (RACT), new source 
review (NSR), vehicle inspection/maintenance (I/M), and general 
conformity exemptions for the Indiana portion of the Chicago-Gary-Lake 
County severe ozone nonattainment area as requested by the States of 
Illinois, Indiana, Michigan, and Wisconsin in a July 13, 1994 submittal. 
This approval does not cover the exemption of NOX transportation 
conformity requirements of section 176(c) for this area. Approval of 
these exemptions is contingent on the results of the final ozone 
attainment demonstration expected to be submitted in mid-1997. The 
approval will be modified if the final attainment demonstration 
demonstrates that NOX emission controls are needed in the 
nonattainment area to attain the ozone standard in the Lake Michigan 
Ozone Study modeling domain.
    (j) The base year ozone precursor emission inventory requirement of 
section 182(a)(1) of the Clean Air Act, as amended in 1990, has been 
satisfied for Lake and Porter Counties, Indiana.

[38 FR 16565, June 22, 1973, as amended at 41 FR 35677, Aug. 24, 1976; 
48 FR 2127, Jan. 18, 1983; 51 FR 4916, Feb. 10, 1986; 51 FR 40676, Nov. 
7, 1986; 52 FR 33591, Sept. 4, 1987; 53 FR 46613, Nov. 18, 1988; 57 FR 
8086, Mar. 6, 1992; 59 FR 12170, Mar. 16, 1994; 59 FR 31548, June 20, 
1994; 59 FR 51114, Oct. 7, 1994; 59 FR 54395, Oct. 31, 1994; 60 FR 377, 
Jan. 4, 1995; 60 FR 38722, July 28, 1995; 61 FR 2437, Jan. 26, 1996]



Sec. 52.778   Compliance schedules.

    (a) The requirements of Sec. 51.262(a) of this chapter are not met 
since the compliance schedules for sources of nitrogen oxides extend 
over a period of more than 18 months and periodic increments of progress 
are not included.
    (b)--(c) [Reserved]
    (d) The compliance schedule for the source identified below is 
disapproved as not meeting the requirements of subpart N of this 
chapter. All regulations cited are air pollution control regulations of 
the State, unless otherwise noted.

----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved     Date schedule adopted 
----------------------------------------------------------------------------------------------------------------
                                                   lake county                                                  
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Commonwealth Edison Co. of Indiana,    Hammond................  APC 13.................  Jan. 18, 1973.         
 Inc. (State Line Station).                                                                                     
----------------------------------------------------------------------------------------------------------------

[38 FR 12698 May 14, 1973, as amended at 39 FR 28158, Aug. 5, 1974; 51 
FR 40675, 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989]
Sec. 52.779  [Reserved]



Sec. 52.780   Review of new sources and modifications.

    (a) The requirements of Sec. 51.160(a) of this chapter are not met 
in that the plan does not contain procedures to enable the State to 
determine whether construction or modification of coal burning equipment 
having a heat input of between 350,000 Btu per hour and 1,500,000 Btu 
per hour will result in violations of applicable portions of the control 
strategy and section 4(a)(2)(iii) of APC-19 is disapproved to the extent 
that it exempts coal burning equipment having a heat input of between 
350,000 Btu per hour and 1,500,000 Btu per hour from pre-construction/
modification review.
    (b)-(c) [Reserved]
    (d) Limited regulation for the review of new sources and 
modifications. (1) This requirement is applicable to any coal burning 
equipment other than smokehouse generators, having a heat input of 
between 350,000 Btu per hour (88.2 Mg-cal/h) and 1,500,000 Btu per hour 
(378.0 MG cal/h), the construction of which was commenced after May 14, 
1973.

[[Page 427]]

    (2) No owner or operator shall commence construction or modification 
of any coal burning equipment subject to this regulation without first 
obtaining approval from the Administrator of the location and design of 
such source.
    (i) Application for approval to construct or modify shall be made on 
forms furnished by the Administrator,
    (ii) A separate application is required for each source.
    (iii) Each application shall be signed by the applicant.
    (iv) Each application shall be accompanied by site information, 
plans, descriptions, specifications, and drawings showing the design of 
the source, the nature and amount of emissions, and the manner in which 
it will be operated and controlled.
    (v) Any additional information, plans, specifications, evidence, or 
documentation that the Administrator may require shall be furnished upon 
request.
    (3) No approval to construct or modify will be granted unless the 
applicant shows to the satisfaction of the Administrator that:
    (i) The source will operate without causing a violation of any 
local, State, or Federal regulation which is part of the applicable 
plan; and
    (ii) The source will not prevent or interfere with attainment or 
maintenance of any national standard.
    (4) (i) Within twenty (20) days after receipt of an application to 
construct, or any addition to such application, the Administrator shall 
advise the owner or operator of any deficiency in the information 
submitted in support of the application. In the event of such a 
deficiency, the date of receipt of the application for the purpose of 
paragraph (d)(4)(ii) of this section, shall be the date on which all 
required information is received by the Administrator.
    (ii) Within thirty (30) days after receipt of a complete 
application, the Administrator shall:
    (a) Make a preliminary determination whether the source should be 
approved, approved with conditions, or disapproved.
    (b) Make available in at least one location in each region in which 
the proposed source would be constructed, a copy of all materials 
submitted by the owner or operator, a copy of the Administrator's 
preliminary determination and a copy or summary of other materials, if 
any, considered by the Administrator in making his preliminary 
determination; and
    (c) Notify the public, by prominent advertisement in a newspaper of 
general circulation in each region in which the proposed source would be 
constructed, of the opportunity for written public comment on the 
information submitted by the owner or operator and the Administrator's 
preliminary determination on the approvability of the source.
    (iii) A copy of the notice required pursuant to this paragraph shall 
be sent to the applicant and to state and local air pollution control 
agencies, having cognizance over the location where the source will be 
situated.
    (iv) Public comments submitted in writing within thirty (30) days 
after the date such information is made available shall be considered by 
the Administrator in making his final decision on the application. No 
later than ten (10) days after the close of the public comment period, 
the applicant may submit a written response to any comment submitted by 
the public. The Administrator shall consider the applicant's response in 
making his final decision. All comments shall be made available for 
public inspection in at least one location in the region in which the 
source would be located.
    (v) The Administrator shall take final action on an application 
within thirty (30) days after the close of the public comment period. 
The Administrator shall notify the applicant in writing of his approval, 
conditional approval, or denial of the application, and shall set forth 
his reasons for conditional approval or denial. Such notification shall 
be made available for public inspection in at least one location in the 
region in which the source would be located.
    (vi) The Administrator may extend each of the time periods specified 
in paragraph (d)(4) (ii), (iv) or (v) of this section by no more than 30 
days, or such other period as agreed to by the applicant and the 
Administrator.

[[Page 428]]

    (5) The Administrator may impose any reasonable conditions upon an 
approval, including conditions requiring the source to be provided with:
    (i) Sampling ports of a size, number, and location as the 
Administrator may require,
    (ii) Safe access to each port,
    (iii) Instrumentation to monitor and record emission data, and
    (iv) Any other sampling and testing facilities.
    (6) The Administrator may cancel an approval if the construction is 
not begun within 2 years from the date of issuance, or if during the 
construction, work is suspended for 1 year.
    (7) Any owner or operator subject to the provisions of this 
regulation shall furnish the Administrator written notification as 
follows:
    (i) A notification of the anticipated date of initial startup of a 
source not more than 60 days or less than 30 days prior to such date.
    (ii) A notification of the actual date of initial startup of a 
source within 15 days after such date.
    (8) Within 60 days after achieving the maximum production rate at 
which the source will be operated but not later than 180 days after 
initial startup of such source, the owner or operator of such source 
shall conduct a performance test(s) in accordance with methods and under 
operating conditions approved by the Administrator and furnish the 
Administrator a written report of the results of such performance test.
    (i) Such test shall be at the expense of the owner or operator.
    (ii) The Administrator may monitor such test and may also conduct 
performance tests.
    (iii) The owner or operator of a source shall provide the 
Administrator 15 days prior notice of the performance test to afford the 
Administrator the opportunity to have an observer present.
    (iv) The Administrator may waive the requirement of performance 
tests if the owner or operator of a source has demonstrated by other 
means to the Administrator's satisfaction that the source is being 
operated in compliance with all local, State, and Federal regulations 
which are part of the applicable plan.
    (9) [Reserved]
    (10) Approval to construct or modify shall not relieve any owner or 
operator of the responsibility to comply with all local, State, and 
Federal regulations which are part of the applicable plan.
    (11) Any owner or operator who constructs, modifies, or operates a 
stationary source not in accordance with the application, as approved 
and conditioned by the Administrator, or any owner or operator of a 
stationary source subject to this paragraph who commences construction 
or modification without applying for and receiving approval hereunder, 
shall be subject to enforcement action under section 113 of the Act.
    (e) The requirements of subpart I of this chapter are not met 
because the State failed to submit a plan for review of new or modified 
indirect sources.
    (f) Regulation for review of new or modified indirect sources. The 
provisions of Sec. 52.22(b) are hereby incorporated by reference and 
made a part of the applicable implementation of the plan for the State 
of Indiana.
    (g) Delegation of authority. (1) The Administrator shall have the 
authority to delegate responsibility for implementing the procedures for 
conducting source review pursuant to this section in accordance with 
paragraphs (f) (2), (3), and (4) of this section.
    (2) Where the Administrator delegates the responsibility for 
implementing the procedures for conducting source review pursuant to 
this section to any Agency, other than a Regional Office of the 
Environmental Protection Agency, a copy of the notice pursuant to 
paragraph (d)(4)(iii) of this section shall be sent to the Administrator 
through the appropriate Regional Office.
    (3) In accordance with Executive Order 11752, the Administrator's 
authority for implementing the procedures for conducting source review 
pursuant to this section shall not be delegated, other than to a 
Regional Office of the Environmental Protection Agency, for new or 
modified sources which are owned or operated by the Federal Government 
or for new or modified

[[Page 429]]

sources located on Federal lands; except that, with respect to the 
latter category, where new or modified sources are constructed or 
operated on Federal lands pursuant to leasing or other Federal 
agreements, the Federal Land Manager may at his discretion, to the 
extent permissible under applicable statutes and regulations, require 
the lessee or permittee to be subject to new source review requirements 
which have been delegated to a State or local agency pursuant to this 
paragraph.
    (4) The Administrator's authority for implementing the procedures 
for conducting source review pursuant to this section shall not be 
redelegated, other than to a Regional Office of the Environmental 
Protection Agency, for new or modified sources which are located in 
Indian reservations except where the State has assumed jurisdiction over 
such land under other laws, in which case the Administrator may delegate 
his authority to the States in accordance with paragraphs (g) (2), (3), 
and (4) of this section.
    (h) On March 7, 1994, Indiana requested a revision to the State 
Implementation Plan (SIP) for New Source Review (NSR) to satisfy the 
requirements of the Clean Air Act Amendments of 1990. The Indiana 326 
IAC regulations do not include a definition of ``federally 
enforceable''. On July 13, 1994, Pamela Carter, Attorney General of the 
State of Indiana, sent a letter to USEPA clarifying Indiana's 
interpretation of the definition of federally enforceable. The letter 
states that federally enforceable, e.g. as used in 326 IAC 2-3-1, should 
be interpreted in accordance with the federal definition at 40 CFR 
51.165(a)(1)(xiv). The USEPA took the opportunity of rulemaking on the 
State's submittal to recodify the permitting SIP to conform to Title 326 
the Indiana Administrative Code.

[37 FR 10863, May 31, 1972, as amended at 38 FR 12698, May 14, 1973; 39 
FR 4663, Feb. 6, 1974; 39 FR 7281, Feb. 25, 1974; 40 FR 50270, Oct. 29, 
1975; 51 FR 40677, Nov. 7, 1986; 59 FR 51114, Oct. 7, 1994]



Sec. 52.781   Rules and regulations.

    (a) [Reserved]
    (b) A part of the second sentence in section 3, APC-17, which states 
``Where there is a violation or potential violation of ambient air 
quality standards, existing emission sources or any existing air 
pollution control equipment shall comply with th
    (c)-(d) [Reserved]
    (e) Section 2(d) of APC-20, Fugitive Dust Emissions, is disapproved 
because it is unenforceable within the terms of the regulation.
    (f) Subsections 3(b)(3) and 3(b)(5) of APC-2 (May 18, 1977) are 
disapproved because they are unenforceable within the terms of the 
regulation.

[37 FR 10863, May 31, 1972, as amended at 37 FR 15084, July 27, 1972; 38 
FR 12698, May 14, 1973; 40 FR 50033, Oct. 28, 1975; 43 FR 26722, June 
22, 1978]



Sec. 52.782   Request for 18-month extension.

    (a) The requirements of Sec. 51.341 of this chapter are not met 
since the request for an 18-month extension for submitting that portion 
of the plan that implements the secondary standards for particulate 
matter in the Metropolitan Indianapolis Intrastate Region does not show 
that attainment of the secondary standards will require emission 
reductions exceeding those which can be achieved through the application 
of reasonably available control technology.

[37 FR 10863, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.783  [Reserved]



Sec. 52.784   Transportation and land use controls.

    (a) To complete the requirements of subpart L and subpart G of this 
chapter, the Governor of Indiana must submit to the Administrator:
    (1) No later than April 15, 1973, transportation and/or land use 
control strategies and a demonstration that said strategies, along with 
Indiana's presently adopted stationary source emission limitations for 
carbon monoxide and hydrocarbons and the Federal Motor Vehicle Control 
Program, will attain and maintain the national standards for carbon 
monoxide and photochemical oxidants (hydrocarbons) in the Metropolitan 
Indianapolis Intrastate Region by May 31, 1975. By such date (April 15, 
1973), the State also must submit a detailed timetable for

[[Page 430]]

implementing the legislative authority, regulations, and administrative 
policies required for carrying out the transportation and/or land use 
control strategies by May 31, 1975.
    (2) No later than July 30, 1973, the legislative authority that is 
needed for carrying out such strategies.
    (3) No later than December 30, 1973, the necessary adopted 
regulations and administrative policies needed to implement such 
strategies.

[38 FR 7326, Mar. 20, 1973, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.785   Control strategy: Carbon monoxide.

    (a) The requirements of subpart G of this chapter are not met 
because the plan does not provide for attainment and maintenance of the 
national standards for carbon monoxide in the Metropolitan Indianapolis 
Intrastate Region by May 31, 1975.

[38 FR 16565, June 22, 1973, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.786   Inspection and maintenance program.

    (a) Definitions:
    (1) Inspection and maintenance program means a program to reduce 
emissions from in-use vehicles through identifying vehicles that need 
emission control related maintenance and requiring that such maintenance 
be performed.
    (2) Light-duty vehicle means a motor vehicle rated at 6,000 lb. GVW 
(gross vehicle weight) or less.
    (3) All other terms used in this section that are defined in part 
51, subpart G of this chapter, are used herein with the meanings so 
defined.
    (b) This regulation is applicable in the County of Marion, Indiana 
(including all cities, towns and municipal corporations therein).
    (c) The State of Indiana shall establish and cause the 
implementation of an inspection and maintenance program applicable to 
all gasoline-powered light duty vehicles which are registered in Marion 
County. Such program shall conform with this Sec. 52.786. The 
Consolidated City of Indianapolis, the County of Marion, and other 
municipalities within the County of Marion, shall take all legislative, 
executive, or other action necessary to establish and implement the 
program required by this regulation.
    (d) Not later than April 1, 1975, the State of Indiana, the County 
of Marion and the Consolidated City of Indianapolis shall jointly submit 
to the Administrator, for his approval, legally adopted legislation and/
or regulations establishing the regulatory scheme for the inspection/
maintenance program required by paragraph (c) of this section. The 
legislation and/or regulations shall include:
    (1) Provisions requiring inspection of all light-duty motor vehicles 
subject to the inspection program required by paragraph (c) of this 
section at periodic intervals no more than 1 year apart by means of an 
idle test. Any class or category of vehicles that are found to be rarely 
used on public streets and highways (such as classic or antique 
vehicles) may be exempted.
    (2) Provisions for regulatory criteria that are consistent with 
achieving an 11 percent reduction of hydrocarbon emissions from light-
duty vehicles.
    (3) Provisions ensuring that failed vehicles receive, within 30 
days, the maintenance necessary to achieve compliance with the 
inspection standards. These provisions shall impose sanctions against 
owners of non-complying vehicles, require retest of failed vehicles 
following maintenance, require a suitable distinctive tag or sticker for 
display on complying vehicles, and include such other measures as are 
necessary or appropriate.
    (4) Provisions establishing a certification program to ensure that 
testing stations performing the required tests have the necessary 
equipment and knowledgeable operators to perform the tests 
satisfactorily, imposing sanctions against non-complying testing 
stations, and containing such other measures as necessary or appropriate 
to a testing program.
    (5) Provisions prohibiting vehicles from being intentionally 
readjusted or modified subsequent to the inspection and/or maintenance 
in such a way as would cause them no longer to comply with the 
inspection standards. These may include authorization of spot

[[Page 431]]

checks of idle adjustments or of a suitable type of physical seal or tag 
on vehicles. These provisions shall include appropriate penalties for 
violation by any person.
    (6) Designation of agency or agencies responsible for conducting, 
overseeing, and enforcing the inspection/maintenance program. Private 
parties may be designated to conduct parts of the program to certify 
compliance.
    (e) After July 1, 1976, the State of Indiana, County of Marion, the 
Consolidated City of Indianapolis, and other municipalities in Marion 
County shall not allow the operation on streets, roads, or highways 
under their ownership or control of any light duty motor vehicle subject 
to the inspection program established pursuant to paragraph (c) of this 
section that does not comply with the applicable standards and 
procedures adopted in accordance with paragraph (d) of this section.
    (f) After July 1, 1976, no person shall operate or allow the 
operation of any motor vehicle subject to the inspection program 
established pursuant to paragraph (c) of this section that does not 
comply with the applicable standards and procedures adopted in 
accordance with paragraph (d) of this section.
    (g) No later than October 1, 1974, the State of Indiana, County of 
Marion, and the Consolidated City of Indianapolis shall jointly submit 
to the Administrator, for his approval, a detailed compliance schedule 
showing the steps they will take to establish, operate and enforce the 
inspection program required by paragraph (c) of this section including:
    (1) A detailed description of the inspection program required by 
paragraph (c) of this section (including a description of the way in 
which the program will be established, operated, and enforced and the 
respective responsibilities of the State, county, and municipalities for 
such tasks).
    (2) A description of the legal authority for establishing and 
enforcing the inspection/maintenance program, including the text of 
proposed or adopted legislation and regulations.
    (3) Specific dates (day, month, and year) by which various steps to 
implement the inspection/maintenance system will be completed, such 
steps to include, at a minimum, the following: submitting final plans 
and specifications for the system to the Administrator for this approval 
(this date to be no later than February 1, 1975), ordering necessary 
equipment (this date to be no later than April 15, 1975), commencement 
of onsite construction and/or installation, and system operational (this 
date to be no later than April 15, 1975, commencement of onsite 
construction and/ior installation, and system operational (this date to 
be no later than July 1, 1975).
    (4) An identification of the sources and amounts of funds necessary 
to implement the system together with written assurances from the chief 
executive officers of the State, city, and county that they will seek 
such necessary funding from the appropriate legislative bodies.
    (5) Other provisions necessary or appropriate to carry out the 
program.
    (h) The State's December 2, 1992, commitment to timely adopt and 
implement enhanced inspection and maintenance (I/M) rules for Lake and 
Porter Counties is disapproved based on the failure of the State of 
Indiana to meet important milestones pertaining to the development and 
adoption of necessary authority for the I/M program. This disapproval 
initiates the sanction process of section 179(a) of the Act.

[39 FR 12348, Apr. 5, 1974, as amended at 46 FR 38, Jan. 2, 1981; 51 FR 
40677, Nov. 7, 1986; 55 FR 31052, July 31, 1990; 58 FR 62535, Nov. 29, 
1993]



Sec. 52.787   Gasoline transfer vapor control.

    (a) Gasoline means any petroleum distillate having a Reid vapor 
pressure of 4 pounds or greater.
    (b) This section is applicable in the County of Marion, Indiana 
(including all cities, towns and municipal corporations therein).
    (c) No person shall transfer or permit the transfer of gasoline from 
any delivery vessel into any stationary source container with a capacity 
greater than 250 gallons unless such container is equipped with a 
submerged fill pipe and unless the displaced vapors from the storage 
container are processed by a control system that prevents release to

[[Page 432]]

the atmosphere of no less than 90 percent by weight of organic compounds 
in said vapors displaced from the stationary storage container location. 
The control system shall include one or more of the following:
    (1) A vapor-tight return line from the storage container to the 
delivery vessel and a system that will ensure that the vapor return line 
is connected before gasoline can be transferred into the container. If a 
``vapor-balance return'' system is used to meet the requirements of this 
section, the system shall be so constructed as to be readily adapted to 
retrofit with an adsorption system, refrigeration-condensation system or 
equivalent system connected to the stationary storage container.
    (2) Refrigeration-condensation sys- tem or adsorption system 
connected to the stationary storage container.
    (3) An equivalent system, approved by the Administrator or his 
designee, designed to recover or eliminate no less than 90 percent by 
weight of the organic compounds in the displaced vapor.
    (d) No person shall own or operate a delivery vessel containing 
gasoline unless the delivery vessel is so designed and maintained as to 
be vapor-tight at all times. This paragraph (d) shall not apply to 
delivery vessels in transit through Marion County which neither are 
filled nor deliver gasoline therein, nor shall this paragraph (d) be 
construed to prohibit safety-valves on other devices required by 
governmental safety regulations. Delivery vessels which are filled in 
Marion County but do not deliver in Marion County may be controlled only 
for filling.
    (e) No person shall own or operate a facility for the filling of 
delivery vessels with gasoline unless the facility is equipped with a 
control system, which can recover or eliminate at least 90 percent by 
weight of the organic compounds in the vapors displaced from the 
delivery vessel during refilling. Facilities which have a daily 
throughput of 20,000 gallons or less are required to have a vapor 
recovery system in operation no later than May 31, 1977. Delivery 
vessels and storage containers served exclusively by facilities required 
to have a vapor recovery system in operation no later than May 31, 1977, 
also will be required to meet the provisions of this section no later 
than May 31, 1977.
    (f) After March 1, 1976, no person shall intentionally release 
gasoline vapors from a delivery vessel, except to a control system that 
can recover or eliminate at least 90 percent by weight of organic 
compounds in the vapors released.
    (g) The provisions of paragraph (c) of this section shall not apply 
to the following:
    (1) Stationary containers having a capacity less than 550 gallons 
used exclusively for the fueling of farming equipment.
    (2) Any stationary container having a capacity less than 2,000 
gallons installed prior to promulgation of this paragraph.
    (3) Transfer made to storage tanks equipped with floating roofs or 
their equivalent.
    (4) Gasoline storage compartments of 1,000 gallons or less in 
gasoline delivery vessels in use on the promulgated date of this 
regulation will not be required to be retrofitted with a vapor return 
system until January 1, 1977.
    (h) The operation of a source, otherwise, subject to paragraph (c), 
(d), or (e) of this section, shall not be a violation of paragraph (c), 
(d), or (e), respectively, if the following acts shall be completed with 
respect to such source before the following dates:
    (1) October 1, 1974. The owner of the source or his designee shall 
submit to the Administrator, a final control plan, which describes at a 
minimum the steps that will be taken by the source to achieve compliance 
with the applicable provisions of paragraphs (c), (d), and (e) of this 
section.
    (2) March 1, 1975. Negotiate and sign all necessary contracts for 
control systems, or issue orders for the purchase of component parts to 
accomplish emission control.
    (3) May 1, 1975. Initiate on-site construction or installation of 
control system equipment.
    (4) February 1, 1976. Complete on-site construction or installation 
of control system equipment.
    (5) March 1, 1976. Achieve final compliance with the applicable 
provisions

[[Page 433]]

of paragraphs (c), (d), and (e) of this section.
    (6) Any owner of a source subject to the compliance schedule in this 
paragraph shall certify to the Administrator, within 5 days after the 
deadline for each increment of progress, whether or not the required 
increment of progress has been met.
    (i) As an alternative to compliance with the schedule under 
paragraph (h) of this section:
    (1) The owner of a source which is in compliance with the provisions 
of paragraph (c), (d), or (e) of this section, shall certify such 
compliance to the Administrator by October 1, 1974. The Administrator 
may request whatever supporting information he considers necessary for 
proper certification.
    (2) A source for which a compliance schedule is adopted by the State 
and approved by the Administrator may operate in conformity with such 
compliance schedule.
    (3) The owner of a source may submit to the Administrator, by 
October 1, 1974, a proposed alternative compliance schedule. No such 
schedule may provide for compliance after March 1, 1976. Until 
promulgated by the Administrator, such source shall conform with 
applicable portions of paragraph (c), (d), (e), or (h) of this section. 
Upon promulgation of the compliance schedule by the Administrator, no 
person shall own or operate the source except in conformity with the 
promulgated schedule.
    (j) Nothing in this section shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (h) of this section fails to 
satisfy the requirements of Sec. 51.15 (b) and (c) of this chapter.
    (k) Any new container, facility, or vessel subject to this 
regulation that is placed in operation after October 1, 1974, shall 
within 30 days of commencing operation submit a compliance schedule in 
conformity with paragraph (i) of this section and shall otherwise comply 
with this section. Any facility subject to this regulation that is 
placed in operation after March 1, 1976, shall comply with the 
applicable requirements of this section immediately upon commencing 
operation.

[39 FR 12349, Apr. 5, 1974, as amended at 39 FR 41253, Nov. 26, 1974; 41 
FR 56643, Dec. 29, 1976; 42 FR 29004, June 7, 1977]



Sec. 52.788  Operating permits.

    Emission limitations and other provisions contained in operating 
permits issued by the State in accordance with the provisions of the 
federally approved permit program shall be the applicable requirements 
of the federally approved State Implementation Plan (SIP) for Indiana 
for the purpose of sections 112(b) and 113 of the Clean Air Act and 
shall be enforceable by the United States Environmental Protection 
Agency (USEPA) and any person in the same manner as other requirements 
of the SIP. USEPA reserves the right to deem an operating permit not 
federally enforceable. Such a determination will be made according to 
appropriate procedures, and be based upon the permit, permit approval 
procedures or permit requirements which do not conform with the 
operating permit program requirements or the requirements of USEPA's 
underlying regulations.

[60 FR 43012, Aug. 18, 1995]
Secs. 52.789--52.792  [Reserved]



Sec. 52.793   Significant deterioration of air quality.

    (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 Sec. 52.21(b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of Indiana.
    (c) All applications and other information required pursuant to 
Sec. 52.21 from sources located in the State of Indiana shall be 
submitted to the Commissioner, Indiana Department of Environmental 
Management, 105 South Meridian Street, P.O. Box 6015, Indianapolis, IN 
46206.

[45 FR 52741, Aug. 7, 1980, as amended at 53 FR 18985, May 26, 1988]

[[Page 434]]



Sec. 52.794   Source surveillance.

    (a) The requirements of 51.212 of this chapter are not met by the 
phrase ``for more than a cumulative total of 15 minutes in a 24-hour 
period'' contained in section 1 of APC-3 of the Indiana Air Pollution 
Control Regulations.
    (b) [Reserved]
    (c) 325 IAC 5-1 (October 6, 1980, submittal--Sec. 52.770(c)(53)) is 
disapproved for the Lake County sources specifically listed in Table 2 
of 325 IAC 6-1-10.2 (Sec. 52.770(c)(57)); for pushing and quenching 
sources throughout the State (August 27, 1981, 325 IAC 11-3-2 (g) and 
(h)--Sec. 52.770(c)(42)); and for coke oven doors in Lake and Marion 
Counties (325 IAC 11-3-2(f)--Sec. 52.770(c)(42)). Applicability of this 
regulation to these sources is being disapproved because 325 IAC 5-1 
does not meet the enforceability requirements of Sec. 51.22 as it 
applies to these sources. Opacity limits in 325 IAC 6-1-10.2 and certain 
opacity limits in 325 IAC 11-3 supersede those in 325 IAC 5-1, and USEPA 
has previously disapproved these superseding regulations (Sec. 52.776 
(j), (g), and (f), respectively).

[40 FR 50033, Oct. 28, 1975; 41 FR 3475, Jan. 23, 1976, as amended at 48 
FR 55860, Dec. 16, 1983; 51 FR 40676, 40677, Nov. 7, 1986; 52 FR 3644, 
Feb. 5, 1987; 52 FR 23038, June 17, 1987]



Sec. 52.795   Control strategy: Sulfur dioxide.

    (a) Revised APC-13 (December 5, 1974 submission) of Indiana's Air 
Pollution Control regulations (sulfur dioxide emission limitation) is 
disapproved insofar as the provisions identified below will interfere 
with the attainment and maintenance of the suffix dioxide ambient air 
quality standards:
    (1) The phrase ``equivalent full load'' in section 1(b)(2).
    (2) The formula ``Ep=17.0 Qm0.67 where 
Ep=Em x Qm'' in section 2(a).
    (3) The phrase ``Direct fired process operations'' in sections 2(a), 
3(c), 4(b), and 4(c).
    (4) The modification of Qm for non-Indiana coal as expressed in 
Section 2(a).
    (b) The requirements of Sec. 51.281 are not met by Warrick and 
Culley electrical generating stations enforcement orders which would 
revise the sulfur dioxide emission limitations for these two stations.
    (c) The requirements of Sec. 51.110(e) are not met by Wayne, 
Dearborn, Jefferson, Porter, and Warrick Counties.
    (d)--(e) [Reserved]

[41 FR 35677, Aug. 24, 1976, as amended at 42 FR 34519, July 6, 1977; 47 
FR 10825, Mar. 12, 1982; 47 FR 39168, Sept, 7 1982; 49 FR 585, Jan. 5, 
1984; 51 FR 40676, 40677, Nov. 7, 1986; 53 FR 1358, Jan. 19, 1988; 54 FR 
2118, Jan. 19, 1989]



Sec. 52.796  Industrial continuous emission monitoring.

    (a) APC-8, Appendix I 1.2.3, 3.3, and 6.0 are disapproved because 
they do not meet the requirements of 40 CFR 51.214.
    (b)(1) The requirements of 40 CFR 51, Appendix P 3.3 are hereby 
incorporated and made a part of the applicable implementation plan for 
the State of Indiana.
    (2) APC-8 does not apply to any source scheduled for retirement by 
October 6, 1980, or within five years after the promulgation of 
continuous emission monitoring requirements for that source category in 
40 CFR part 51, Appendix P 1.1, provided that adequate evidence and 
guarantees are provided that clearly show that the source will cease 
operations on or before such date.

[43 FR 26722, June 22, 1978, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.797  Control strategy: Lead.

    Indiana's control strategy for lead is approved except as noted 
below:
    (a)--(b) [Reserved]
    (c) On January 12, 1988, Indiana'a Office of Air Management (OAM), 
Indiana Department of Environmental Management, agreed to review all 
relevant hood designs and performance guidance to determine which 
criteria to use in determining ongoing compliance with the capture 
efficiency provisions in 326 IAC 15-1 for Quemetco, Inc., and Refined 
Metals. Because these efficiencies are closely related to equipment 
design, OAM believes that a review of the process and control equipment 
designs and operating paramenters should provide the necessary 
determination of compliance. OAM will work with the

[[Page 435]]

Indianapolis local agency, the Indianapolis Air Pollution Control 
Division, on viable alternatives and will keep USEPA up to date on its 
progress. OAM anticipates that specific criteria for determining 
compliance will be incorporated into the sources' operation permits (and 
forwarded to USEPA for informational purposes), and, should the 
opportunity arise, 326 IAC 15-1 will be revised to similarly incorporate 
capture efficiency criteria.

[53 FR 12905, Apr. 19, 1988, as amended at 53 FR 38722, Oct. 3, 1988; 54 
FR 33896, Aug. 17, 1989]



Sec. 52.798  Small business stationary source technical and environmental compliance assistance program.

    The Indiana program submitted on January 14, 1993, as a requested 
revision to the Indiana State Implementation Plan satisfies the 
requirements of section 507 of the Clean Air Act Amendments of 1990.

[58 FR 46544, Sept. 2, 1993]



                             Subpart Q--Iowa



Sec. 52.820  Identification of plan.

    (a) Title of plan: ``State of Iowa Air Pollution Control 
Implementation Plan.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified:
    (1) Request for a two-year extension to meet the National Primary 
and Secondary Ambient Air Quality Standards for nitrogen dioxide in the 
Metropolitan Omaha-Council Bluffs Interstate Air Quality Control Region 
was submitted by the Governor on January 27, 1972. (Non-regulatory)
    (2) Revisions of Appendices D and G of the plan were submitted on 
February 2, 1972, by the State Department of Health. (Non-regulatory)
    (3) Source surveillance and record maintenance statements were 
submitted on April 14, 1972, by the State Department of Health. (Non-
regulatory)
    (4) Revised statement regarding public availability of emission data 
was submitted on May 2, 1972, by the State Department of Health. (Non-
regulatory)
    (5) State submitted Senate File 85 which created the Department of 
Environmental Quality and replaced the Iowa air pollution control 
statute which appeared as Chapter 136B of the Code of Iowa, on May 4, 
1972. (Regulatory)
    (6) A letter describing the issuance of a Certificate of Acceptance 
for the local air pollution control programs conducted by the Linn 
County Board of Health for the jurisdictions of the City of Cedar Rapids 
and Linn County, and the Des Moines-Polk County Health Department for 
the jurisdictions of the City of Des Moines and Polk County was 
submitted by the State Department of Health on December 14, 1972. (Non-
regulatory)
    (7) Compliance schedules were submitted by the State in February 
1973. (Regulatory)
    (8) Compliance schedules were submitted by the State in May 1973. 
(Regulatory)
    (9) The State of Iowa High Air Pollution Episode Contingency Plan 
was submitted on June 20, 1973, by the Governor.
    (10) The letter which requested the inclusion of the Linn County 
Health Department Rules and Regulations, the City of Cedar Rapids Air 
Pollution Control Ordinance, the Polk County Rules and Regulations--Air 
Pollution Control, and the City of Des Moines Air Pollution Control 
Regulations in the State of Iowa implementation plan was submitted by 
the State Department of Environmental Quality on June 25, 1974. (No 
approval action was taken on the request because it did not meet the 
procedural requirements specified in 40 CFR part 51.)
    (11) Revisions of Rules 2.1, 3.1, 3.4, 4.1, 4.3(3) and 4.3(4) of the 
Iowa Rules and Regulations Relating to Air Pollution Control were 
submitted on April 24, 1974 (by the Governor's office). (No approval or 
disapproval action was taken on amended Subrule 4.3(3)a., which 
restricts emissions of sulfur oxides from fuel-burning sources.) 
(Regulatory)
    (12) Compliance schedules were submitted by the State in May 1974.
    (13) Compliance schedules were submitted by the State in May 1974.
    (14) Compliance schedules were submitted by the State in July 1974.

[[Page 436]]

    (15) Compliance schedules were submitted by the State in August 
1974.
    (16) A letter from the Director of the Department of Environmental 
Quality, dated August 29, 1974, which requested that no further action 
be taken on Subrule 4.3(3) a. as submitted on April 24, 1974. 
(Regulatory)
    (17) Compliance schedules were submitted by the State in September 
1974.
    (18) Compliance schedules were submitted by the State in November 
1974.
    (19) Compliance schedules were submitted by the State in February 
1975.
    (20) Compliance schedules were submitted by the State in April 1975.
    (21) Compliance schedules were submitted by the State in June 1975.
    (22) Revisions of Rules 1.2, 2.1, 3.1, 3.4, 4.1, 4.2, 4.3, 5.1, 7.1, 
8.3 and 8.4 of the Iowa Rules and Regulations Relating to Air Pollution 
Control were submitted on July 17, 1975, by the Governor's office. 
(Regulatory) (No approval or disapproval action was taken on Subrules 
4.3(2)c. or 4.3(3)b.)
    (23) Summary of the public hearing which was held on the revised 
rules which were submitted on July 17, 1975, by the Governor's office 
was submitted by the Iowa Department of Environmental Quality on 
September 3, 1975. (non-regulatory)
    (24) Letter which withdrew amended Subrule 4.3(2)c. from the 
proposed Iowa plan revision submitted on July 17, 1975, was submitted by 
the Governor's office on January 20, 1976.
    (25) Revisions to Rules 1.2, 2.1, 3.1, 3.2, 4.1, 4.3, 4.4, and new 
Chapters 14 and 52 of the Iowa Administrative Code Relating to Air 
Pollution Control were submitted June 9, 1976, by the Department of 
Environmental Quality (Subrules 4.3(3)a(1) and 4. 3(3)a(5) were 
disapproved).
    (26) Additional air quality modeling to support the sulfur dioxide 
emission standards of Subrules 4.3(3)a(1) and 4.3(3)a(2) was submitted 
March 4, 1977, by the Department of Environmental Quality (Non-
regulatory).
    (26a) Revisions of Rules 1.2, 4.3(2)b, 4.4(6), 4.4(12) and of 
Chapter 7 of the Iowa Administrative Code relating to Air Pollution 
Control were submitted June 20, 1977, by the Department of Environmental 
Quality.
    (27) Nonattainment plan provisions as required by the Clean Air Act 
Amendments of 1977 were submitted on June 22, 1979, by the Department of 
Environmental Quality. The submission included amended rule 4.3(2) 
relating to fugitive dust and new rule 4.5 relating to offsets for 
particulate matter. The revisions included attainment plans for 
particulate in Mason City and Davenport, particulate and ozone in Cedar 
Rapids and particulate and carbon monoxide in Des Moines. The submission 
was disapproved in part for failure to meet the requirements of Section 
173 and was conditionally approved with respect to several requirements.
    (28) On October 8, 1979, the Iowa Department of Environmental 
Quality submitted additional information to support the June 22, 1979, 
submission.
    (29) On November 16, 1979, the Iowa Air Quality Commission submitted 
additional information and commitments to allow approval or conditional 
approval of portions of the June 22, 1979, submission.
    (30) Nonattainment plan provisions as required by the Clean Air Act 
Amendments of 1977 were submitted on April 18, 1980, by the Department 
of Environmental Quality. The submission included amended rule 4.3(2) 
relating to fugitive dust and amended rule 3.5 relating to particulate 
matter offsets. The revisions included plans to attain the secondary 
particulate standards for all areas designated nonattainment as of March 
6, 1980. The submission was conditionally approved with respect to 
several requirements.
    (31) The State of Iowa Lead State Implementation Plan was submitted 
on August 19, 1980 by the Director of the Department of Environmental 
Quality.
    (32) Additional information to support the April 18, 1980 submission 
was submitted on September 16, 1980, by the Department of Environmental 
Quality.
    (33) Additional information to support the April 18, 1980 submission 
was submitted on November 17, 1980, by the Department of Environmental 
Quality.
    (34) A revised Chapter 5, dealing with excess emissions and 
malfunctions was submitted on December 23, 1980, by the Department of 
Environmental Quality.
    (35)  [Reserved]

[[Page 437]]

    (36) A letter was submitted dated January 19, 1981 by the Director 
of the Department of Environmental Quality which provided additional 
information concerning the Iowa Lead State Implementation Plan.
    (37) A variance from 400--4.2(1) of the Iowa Administrative Code for 
the Iowa Army Ammunition Plant at Middletown, Iowa, was submitted on 
October 19, 1979 by the Executive Director.
    (38) Revisions to Subrule 400--4.3(2)``c'' relating to fugitive 
emissions control and a document describing how this subrule is to be 
enforced were submitted on June 1, 1981, by the Department of 
Environmental Quality.
    (39) A schedule for studying nontraditional sources of particulate 
matter and for implementing the results of the studies in the form of 
control strategies was submitted on June 26, 1981 by the Department of 
Environmental Quality. (Non-Regulatory).
    (40) Revisions to Subrule 400--4.3(2)``b'' relating to particulate 
emissions from fuel burning sources were submitted on July 31, 1981, by 
the Department of Environmental Quality.
    (41) The Iowa Ambient Air Monitoring Strategy was submitted July 15, 
1981, by the Department of Environmental Quality (non-regulatory).
    (42) A conditional permit containing an alternative emission 
reduction program for the Progressive Foundry, Inc., of Perry, Iowa, 
under 400-3.7 and 400-4.6 of the Iowa Administrative Code; and an 
administrative order setting forth a compliance schedule, were submitted 
on December 18, 1981, by the Executive Director. The conditional permit 
specifies particulate emissions not to exceed 16.3 pounds per hour from 
the gray iron cupola with a process weight rate not to exceed 8534 
pounds per hour and specifies the casting shakeout exhaust system shall 
not exceed 0.05 grains per standard cubic foot nor 12.8 pounds per hour 
of particulate matter. The compliance schedule specifies a final 
compliance date of September 1, 1983.
    (43) On July 1, 1983, the State's air pollution control regulations 
were recodified at Department 900, Title II, Chapters 20 through 29.
    (44) Revised Chapter 22 regulations, dealing with new source review 
in nonattainment areas, were submitted on July 18, 1984, by the Iowa 
Department of Water, Air and Waste Management. Subrules 22.5(4) g, i, 
and j remain unapproved. EPA will temporarily defer action on these 
subrules pending a May 14, 1985, commitment from the State to submit 
appropriate revisions.
    (i) Incorporation by reference. Revised Chapter 22 regulations, 
dealing with new source review in nonattainment areas, adopted by the 
State on July 17, 1984.
    (ii) Additional material. May 14, 1985, letter of commitment from 
the State to revise unapprovable portions of their Chapter 22 air 
pollution regulations.
    (45) Revised Chapter 22 subrules 22.5(2) a and b; and revised 
subrules 22.5(4) g, i, and j, all relating to new source review in 
nonattainment areas, were submitted on December 31, 1985, by the Iowa 
Department of Water, Air and Waste Management.
    (a) Incorporation by reference.
    (i) Revised Chapter 22 subrules 22.5(2) a and b; and subrules 
22.5(4) g, i, and j, adopted by the State on December 17, 1985.
    (ii) April 22, 1986, letter of commitment from the Iowa Department 
of Water, Air and Waste Management to submit stack height regulations by 
May 30, 1986, and to implement EPA's stack height requirements until 
such time that the regulations are fully approved.
    (46) Revised Chapter 22 regulations pertaining to new source review 
in attainment and unclassified areas of the state (PSD) were submitted 
on March 9, 1987, by the Iowa Department of Natural Resources.
    (i) Incorporation by reference.
    (A) Iowa Administrative Bulletin (ARC 7446), amendments to Chapter 
22, ``Controlling Pollution,'' adopted by the Iowa Environmental 
Protection Commission on February 17, 1987.
    (B) Letter from Iowa dated April 22, 1987, committing to 
implementation of its stack height regulations in a manner consistent 
with EPA's stack height regulations with respect to new source review/
PSD regulations.

[[Page 438]]

    (47) Revised Chapters 22 and 23 regulations pertaining to stack 
height credits for modeling purposes were submitted on May 20, 1986, by 
the Iowa Department of Natural Resources. Revised definition of 
``emission limitation'' and ``emission standard'' at Iowa regulation 
567.20.2(455B), Definitions.
    (i) Incorporation by reference
    (A) Iowa Administrative Bulletin (ARC 6566), amendments to Chapter 
22, ``Controlling Pollution'' and Chapter 23, ``Emission Standards for 
Contaminants'' adopted by the Iowa Environmental Protection Commission 
on April 22, 1986, effective June 25, 1986.
    (B) Iowa Administrative Bulletin (ARC 8023) amendment to 567-
20.2(455B). Effective September 22, 1987.
    (48) Revised Chapter 22, subrule 22.1(2)``d'' exemptions from permit 
requirements were submitted on September 13, 1988, by the Iowa 
Department of Natural Resources. The revision clarifies permit 
exemptions for certain grain roasting equipment.
    (i) Incorporation by reference.
    (A) Amendment to Chapter 22, ``Controlling Pollution,'' Iowa 
Administrative Code, subrule 22.1(2)``d'', effective September 14, 1988.
    (49) Revised Polk County, Iowa, Board of Health Rules and 
Regulations, Chapter V, Air Pollution, submitted by the Iowa Department 
of Natural Resources on February 3, 1988. EPA approves these regulations 
with the provision that any operating permit which changes any 
requirement of the Iowa SIP, including requirements in any construction 
permit, must be submitted to EPA, and approved, as a SIP revision. In 
the absence of such approval, the enforceable requirements shall be 
those in the Iowa SIP.
    (i) Incorporation by reference.
    (A) Ordinance No. 28, Amendment to Polk County Board of Health Rules 
and Regulations chapter V, Air Pollution, Article I, 5-1 and 5-2 (except 
for variance); Article II, 5-3; and Article X, 5-28 through 5.50-1 
(except for 5-49 and 5-50), effective October 8, 1987.
    (ii) Additional material.
    (A) None.
    (50) Revised Linn County, Iowa, Chapter 10 Ordinance ``Air Pollution 
Control'' submitted as a SIP revision by the Iowa Department of Natural 
Resources on February 3, 1988. EPA approves these regulations with the 
provision that any operating permit which changes any requirement of the 
Iowa SIP, including requirements in any construction permit, must be 
submitted to EPA, and approved, as a SIP revision. In the absence of 
such approval, the enforceable requirements shall be those in the Iowa 
SIP.
    (i) Incorporation by reference.
    (A) Linn County Chapter 10 Ordinance ``Air Pollution Control'' 
sections 10.1 (except for 10.1(50)), 10.2, 10.3, and 10.4, adopted by 
the Linn County Board of Supervisors on September 2, 1987.
    (ii) Additional material.
    (A) None.
    (51) Revised Iowa regulations pertaining to PM10 were submitted 
by the state on October 28, 1988. These rules became effective on 
December 21, 1988.
    (i) Incorporation by reference.
    (A) Amended Iowa Administrative Code pertaining to the prevention, 
abatement, and control of air pollution: Chapter 20, ``Scope of Title--
Definitions--Forms--Rules of Practice;'' Chapter 22, ``Controlling 
Pollution;'' Chapter 26, ``Prevention of Air Pollution Emergency 
Episodes;'' and Chapter 28, ``Ambient Air Quality Standards,'' effective 
December 21, 1988.
    (ii) Additional information.
    (A) None.
    (52) Revised chapter 22, subrule 22.4(1), submitted on May 7, 1990, 
incorporates by reference revised EPA Modeling Guideline Supplement A, 
July 1987, and recodified air quality rules chapter 20-29.
    (i) Incorporation by reference.
    (A) Amendment to chapter 22, ``Controlling Pollution,'' Iowa 
Administrative Code, subrule 22.4(1). Effective March 14, 1990.
    (B) Recodification of Iowa Administrative Code, title II--Air 
Quality, chapters 20-29, effective December 3, 1986.
    (53) Revised chapter 22, rule 22.4(455B), submitted on November 8, 
1990, incorporates by reference revised EPA PSD rules pertaining to NO 
x increments.
    (i) Incorporation by reference
    (A) Amendment to chapter 22, ``Controlling Pollution,'' Iowa 
Administrative Code, subrule 22.4, adopted by the

[[Page 439]]

Environmental Protection Commission on October 17, 1990, effective 
November 21, 1990.
    (ii) Additional material
    (A) Letter from the state dated November 8, 1990, pertaining to NO 
x rules and analysis which certifies the material was adopted by 
the state on October 17, 1990.
    (54) On March 13, 1991, the Iowa Department of Natural Resources 
(IDNR) submitted a plan revision pertaining to major SO2 sources in 
Clinton County, Iowa.
    (i) Incorporation by reference. (A) Administrative Consent Order 
90-AQ-10, signed by Larry Wilson, Director, IDNR, dated July 5, 1990, 
and revision dated March 25, 1991. Also, three letters to Archer-
Daniels-Midland (ADM) Company dated June 20, 1990, signed by Michael 
Hayward, IDNR, which contain or reference new or revised permit 
conditions for ADM sources, and a letter to ADM from IDNR dated February 
26, 1991, correcting certain permit provisions.
    (B) Administrative Consent Order 89-AQ-04, signed by Larry Wilson, 
Director, IDNR, dated February 21, 1990. Also, two letters to Interstate 
Power Company dated January 25 and 29, 1990, and signed by Michael 
Hayward, IDNR, which contain supplemental permit condition for permits 
74-A-117-S and 78-A-157-S.
    (ii) Additional material. (A) Letter and supplemental material from 
Larry J. Wilson to Morris Kay dated March 13, 1991.
    (55) Revised Polk County, Iowa Board of Health Rules and 
Regulations, chapter V, Air Pollution, submitted by the Iowa Department 
of Natural Resources on May 23, 1991.
    (i) Incorporation by reference. (A) Polk County Board of Health 
Rules and Regulations, chapter V, Air Pollution, Ordinances 28, 72 and 
85, effective May 1, 1991, except for the following: Article I, 
definition of variance; Article VI, Section 5-16 (n), (o), and (p); 
Article VI, Section 5-17(d), variance provision; Article VIII; Article 
IX, Sections 5-27(3) and 5-27(4); and Article X, Division 5--Variance.
    (ii) Additional material. (A) Letter from Allan Stokes to William A. 
Spratlin dated October 23, 1991.
    (56) Revised Chapter 23, rule 23.2, submitted on October 3, 1991, 
incorporates changes to the open burning rule.
    (i) Incorporation by reference.
    (A) Amendment to Chapter 23, ``Emission Standards for Contaminants, 
``Iowa Administrative Code, subrule 23.2, adopted by the Environmental 
Protection Commission, effective September 12, 1990.
    (ii) Additional information.
    (A) Letter from Allan Stokes, IDNR, to William Spratlin, dated 
October 3, 1991.
    (57) On January 5, 1993, the Iowa Department of Natural Resources 
(IDNR) submitted air quality rule revisions to Iowa Administrative Code, 
Chapters 20, 22, 23, 24, 25, 29, and revisions to the Compliance 
Sampling Manual.
    (i) Incorporation by reference.
    (A) Revisions to Chapter 20 (20.2), Scope of Title-Definitions-
Forms-Rules of Practice; Chapter 22 (22.3(1), 22.4, 22.5(2)), 
Controlling Pollution; Chapter 23 (23.2(3), 23.3(2), 23.3(3), 23.4(12)), 
Emission Standards for Contaminants; Chapter 24 (24.1(1), 24.1(5)), 
Excess Emission; Chapter 25, (25.1(7), 25.1(9)), Measurement of 
Emissions and rescind 25.1(10)d; and Chapter 29 (29.1), Qualification in 
Visual Determination of the Opacity of Emissions. These revisions were 
adopted by the Iowa Environmental Protection Commission on December 21, 
1992, and became effective on February 24, 1993.
    (ii) Additional material.
    (A) Letter from Larry Wilson, IDNR, to Morris Kay, EPA, dated 
January 5, 1993, and the Compliance Sampling Manual, revised December 
1992.
    (58) A plan for implementation of the Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program was 
submitted by the Iowa Department of Natural Resources as a revision to 
the Iowa SIP on December 22, 1992.
     (i) Incorporation by reference.
    (A) Revisions to the Iowa State Implementation Plan for the Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program dated December 1992.
    (59) On May 5, 1994, the Director of the Iowa Department of Natural 
Resources submitted revisions to the State Implementation Plan (SIP) to

[[Page 440]]

update the state's incorporation by reference and conformity to various 
federally approved regulations.
    (i) Incorporation by reference.
    (A) Revised rules, ``Iowa Administrative Code,'' effective January 
12, 1994. This revision approves an amendment to paragraph 23.2(3)g 
pertaining to open fires burned for the purpose of training fire-
fighting personnel.
    (B) Revised rules, ``Iowa Administrative Code,'' effective April 20, 
1994. This revision approves amendments to rules 22.4; 23.3(2)d (3) and 
(4); 23.4(6); and 25.1(9). These rules concern the update of the state's 
incorporation of prevention of significant deterioration and test method 
requirements.
    (ii) Additional material. None.
    (60) On May 5, 1994, the Director of the Iowa Department of Natural 
Resources submitted revisions to the State Implementation Plan (SIP) to 
update the state's incorporation by reference and conformity to various 
Federally approved regulations.
    (i) Incorporation by reference.
     (A) Revised rules, ``Polk County Ordinance No. 132--Polk County 
Board of Health Rules and Regulations,'' effective December 2, 1993. 
This revision approves all articles in Chapter V, except for Article VI, 
Section 5-16(n) and (p), Article VIII, and Article XIII.
    (ii) Additional material.
    (A) None.
    (61) On October 18, 1994, and January 26, 1995, the Director of the 
Iowa Department of Natural Resources submitted revisions to the state 
implementation plan (SIP) to include special requirements for 
nonattainment areas, provisions for use of compliance, and enforcement 
information and adoption of EPA definitions. These revisions fulfill 
Federal regulations which strengthen maintenance of established air 
quality standards.
    (i) Incorporation by reference.
    (A) Revised rules ``Iowa Administrative Code,'' effective November 
16, 1994. This revision approves revised rules 567-20.2, 567-22.5(1)a, 
567-22.5(1)f(2), 567-22.5(1)m, 567-22.5(2), 567-22.5(3), 567-22.5(4)b, 
567-22.5(6), 567-22.5(7), 567-22.105(2), and new rule 567-21.5. These 
rules provide for special requirements for nonattainment areas, 
provisions for use of compliance and enforcement information and adopts 
EPA's definition of volatile organic compound.
    (B) Revised rules, ``Iowa Administrative Code,'' effective February 
22, 1995. This revision approves new definitions to rule 567-20.2. This 
revision adopts EPA's definitions of ``EPA conditional method'' and 
``EPA reference method.''
    (ii) Additional material.
    None.
    (62)  [Reserved]
    (63) On December 8, 1994; February 16, 1996; and February 27, 1996, 
the Director of the Iowa Department of Natural Resources submitted 
revisions to the State Implemenation Plan (SIP) to create a voluntary 
operating permit program as an alternative to Title V. These revisions 
strengthen maintenance of established air quality standards.
    (i) Incorporation by reference.
    (A) ``Iowa Administrative Code,'' sections 567-22.200-22.208, 
effective December 14, 1994. These rules create the voluntary operating 
permit program.
    (B) ``Iowa Administrative Code,'' sections 567-22.201(1)``a'' and 
22.206(1)``h'', effective January 11, 1995.
    (C) ``Iowa Administrative Code,'' section 567-22.203(1)``a''(1), 
effective February 24, 1995.
    (D) ``Iowa Administrative Code,'' sections 567-20.2; 22.200; 
22.201(1)``a'' and ``b''; 22.201(2)``a''; and 22.206(2)``c'', effective 
October 18, 1995.
    (ii) Additional material.
    (A) Letter from Allan E. Stokes, Iowa Department of Natural 
Resources, to William A. Spratlin, U.S. EPA, dated February 16, 1995. 
This letter outlines various commitments by the state to meet 
requirements outlined by the EPA.

[37 FR 10865, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.820, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.821   Classification of regions.

    The Iowa plan was evaluated on the basis of the following 
classification:

[[Page 441]]



----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant                        
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants   
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Omaha-Council Bluffs Interstate.........           I         II       III       III           III  
Metropolitan Sioux Falls Interstate..................          II        III       III       III           III  
Metropolitan Sioux City Interstate...................         III        III       III       III           III  
Metropolitan Dubuque Interstate......................           I        III       III       III           III  
Metropolitan Quad Cities Interstate..................           I        III       III       III           III  
Burlington-Keokuk Interstate.........................           I          I       III       III           III  
Northwest Iowa Intrastate............................         III        III       III       III           III  
North Central Iowa Intrastate........................          IA        III       III       III           III  
Northeast Iowa Intrastate............................           I        III       III       III           III  
Southwest Iowa Intrastate............................         III        III       III       III           III  
South Central Iowa Intrastate........................           I        III       III       III             I  
Southeast Iowa Intrastate............................         III        III       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10865, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]



Sec. 52.822  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Iowa's plan for the attainment and maintenance of the national 
standards. Further, the Administrator finds the plan satisfies all 
requirements of Part D, Title I, of the Clean Air Act as amended in 
1977, except as noted below.

[45 FR 14567, Mar. 6, 1980, as amended at 46 FR 47546, Sept. 29, 1981]



Sec. 52.823  PM10 State Implementation Plan Development in Group II Areas

    The Iowa Department of Natural Resources committed to comply with 
the PM10 regulations as set forth in 40 CFR part 51. In a letter to 
Morris Kay, EPA, dated October 28, 1988, Mr. Larry J. Wilson, Director, 
Iowa Department of Natural Resources, stated:

    Three groups within the State of Iowa have been classified as Group 
II areas for fine particulate (PM-10) State Implementation Plan (SIP) 
development purposes. This includes portions of the cities of Des 
Moines, Mason City, and Cedar Rapids. The specific boundaries of these 
areas were identified in a letter of October 13, 1987, from Peter R. 
Hamlin to Carl Walter. The remainder of the State was classified as 
Group III.
    In accordance with the SIP development procedures identified in the 
preamble of the PM-10 regulations for Implementing Revised Particulate 
Matter Standards, promulgated July 1, 1987, the State of Iowa commits to 
perform the following activities in these three Group II areas of the 
state:

    (a) Gather ambient PM-10 data, to an extent consistent with minimum 
EPA requirements (note the network description contained in a letter of 
January 26, 1988, from Peter R. Hamlin to John Helvig).
    (b) Analyze and verify the ambient PM-10 data and report exceedances 
of the 24-hour PM-10 National Ambient Air Quality Standards (NAAQS) to 
the Regional Office within 60 days of each exceedance.
    (c) Immediately notify the Regional Office:
    (1) Upon the availability of an appropriate number of verifiable 24-
hour NAAQS exceedances to indicate a violation (see Section 2.0 of the 
PM-10 SIP development guideline) or
    (2) when an annual arithmetic mean (AAM) above the annual PM-10 
NAAQS becomes available.
    (d) Within thirty (30) days of any notification of the Regional 
Office pursuant to (c) above (or upon collection of thirty-six (36) 
months of PM-10 ambient air quality data acceptable to EPA, whichever 
comes first) determine whether the measures in the existing SIP will 
assure timely attainment and maintenance of the primary PM-10 NAAQS and 
immediately notify the Regional Office of the results of this 
determination.
    (e) Within six (6) months of any notification pursuant to (d) above, 
adopt and submit to EPA a PM-10 control strategy that assures attainment 
as expeditiously as practicable but not later than three (3) years from 
approval of the Committal SIP.

    Because of the uncertainty about when the determination can be made 
pursuant to (d) above, it is difficult to determine if that control 
strategy could provide for the attainment of the PM-10 NAAQS within 
three years from the date EPA approves thisCommittal SIP. Therefore, I 
reserve the right to request a two-year extension of the attainment date 
as provided in Section 110(e) of the Clean Air Act, if and when the 
State of Iowa submits a SIP revision for any of these areas of the 
state.

[[Page 442]]

    The State of Iowa also commits to develop a PM-10 emission inventory 
for the areas submitted as part of any PM-10 SIP pursuant to items (c), 
(d), and (e) above. If the PM-10 NAAQS are not violated, the State of 
Iowa will proceed with this inventory for the three Group II areas in 
accordance with the following schedule:

    October 1, 1988--Request special assistance funds from EPA to 
perform the inventory.
    October 1, 1989--Initiate inventory.
    August 1, 1990--Complete inventory.
    October 31, 1990*--Submit inventory as part of a determination of 
adequacy that the current SIP will attain and maintain the PM-10 NAAQS.
---------------------------------------------------------------------------

    *Presuming that sufficient ambient data acceptable to EPA are 
collected by July 31, 1990, and available by September 30, 1990.

[54 FR 33539, Aug. 15, 1989]
Sec. 52.824  [Reserved]



Sec. 52.825   Compliance schedules.

    (a) [Reserved]
    (b) Regulation for increments of progress. (1) Except as provided in 
paragraph (b)(2) of this section, the owner or operator of any 
stationary source subject to regulation 4.3.(3)(b), ``Rules and 
Regulations Relating to Air Pollution Control of the Iowa Air Pollution 
Control Commission'' shall, no later than December 31, 1972, submit to 
the Administrator for approval, a proposed compliance schedule that 
demonstrates compliance with the applicable regulation as expeditiously 
as practicable but no later than January 1, 1975. The compliance 
schedule shall provide for periodic increments of progress towards 
compliance. The dates for achievement of such increments shall be 
specified. Increments of progress shall include, but not be limited to: 
Letting of necessary contract for construction or process changes, if 
applicable; initiation of construction; completion and start-up of 
control system; performance tests; and submittal of performance test 
analysis and results.
    (2) Where any such owner or operator demonstrates to the 
satisfaction of the Administrator that compliance with the applicable 
regulations will be achieved on or before December 31, 1973, no 
compliance schedule shall be required.
    (3) Any owner or operator who submits a compliance schedule pursuant 
to this paragraph shall, within 5 days after the deadline for each 
increment of progress, certify to the Administrator whether or not the 
required increment of the approved compliance schedule has been met.
    (4) Any compliance schedule adopted by the State and approved by the 
Administrator shall satisfy the requirements of this paragraph for the 
affected source.
    (c) The compliance schedules for the sources identified below are 
approved as revisions to the plan pursuant to Sec. 51.104 and subpart N 
of this chapter. All regulations cited are air pollution control 
regulations of the State, unless otherwise noted.

                                                                          Iowa                                                                          
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Variance expiration                        
               Source                       Location           Regulation involved        Date adopted               date          Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Iowa Army Ammunition Plant           Middletown, Iowa......  400--4.2(1)...........  June 14, 1979........  Feb. 28, 1982........  Feb. 1982.           
 (explosive contaminated waste                                                                                                                          
 burning).                                                                                                                                              
Progressive Foundry, Inc., cupola    Perry.................  400-4.6...............  Nov. 6, 1981.........  .....................  Sept. 1, 1983.       
 and casting shakeout area.                                                                                                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note 1: Linn County Health Department does not issue variances if source(s) is on an approvable compliance schedule.                                    
Note 2: Polk County Department of Health does not issue variances if source(s) is on an accepted and approved compliance schedule.                      
Note 3: City of Des Moines, Department of Public Health does not issue variances if source(s) is on an accepted and approved compliance schedule.       

[37 FR 10865, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.825, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

[[Page 443]]



Secs. 52.826-52.827  [Reserved]



Sec. 52.828   Enforcement.

    (a) Sections 23(1)(b) and 13(7) of Senate File 85, Division II for 
Iowa are disapproved insofar as they permit the Air Quality Commission 
of the Iowa Department of Environmental Quality to issue abatement 
orders (1) that defer compliance with plan requirements beyond the dates 
required for attainment of the national standards, (2) without the 
approval of the Administrator, and (3) for reasons not permitted by the 
Clean Air Act.
    (b) Regulation limiting administrative abatement orders:
    (1) No order deferring compliance with a requirement of the Iowa 
Implementation Plan shall be issued by the Air Quality Commission of the 
Iowa Department of Environmental Quality which does not meet the 
following requirements:
    (i) An order must require compliance with the plan requirement 
within the times and under the conditions specified in Sec. 51.261 (a) 
and (b) of this chapter.
    (ii) An order may not defer compliance beyond the last date 
permitted by section 110 of the Act for attainment of the national 
standard which the plan implements unless the procedures and conditions 
set forth in section 110(f) of the Act are met.
    (iii) An order shall not be effective until it has been submitted to 
and approved by the Administrator in accordance with Secs. 51.104, 
51.105, 51.261 and 51.262(a).
    (2) Notwithstanding the limitations of paragraph (b)(1)(ii) of this 
section, an order may be granted which provides for compliance beyond 
the statutory attainment date for a national standard where compliance 
is not possible because of breakdowns ormalfunctions of equipment, acts 
of God, or other unavoidable occurrences. However, such order may not 
defer compliance for more than three (3) months unless the procedures 
and conditions set forth in section 110(f) of the Act are met.

[38 FR 30877, Nov. 8, 1973, as amended at 51 FR 40675, 40676, 40677, 
Nov. 7, 1986; 52 FR 24367, June 30, 1987]
Secs. 52.829--52.832  [Reserved]



Sec. 52.833  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are met, except for sources seeking permits to locate on Indian 
lands in the state of Iowa; sources with permits issued by EPA prior to 
the effective date of the state's rules; and certain sources affected by 
the stack height rules described in a letter from Iowa dated April 22, 
1987.
    (b) Regulations for preventing significant deterioration of air 
quality.
    The provisions of Sec. 52.21 (b) through (w) are hereby incorporated 
and made a part of the applicable state plan for the state of Iowa for 
sources wishing to locate on Indian lands; sources constructed under 
permits issued by EPA; and certain sources as described in Iowa's April 
22, 1987, letter.

[52 FR 23982, June 26, 1987]



                            Subpart R--Kansas



Sec. 52.870   Identification of plan.

    (a) Title of plan: ``State of Kansas Implementation Plan for the 
Attainment and Maintenance of National Air Quality Standards.''
    (b) The plan was officially submitted on January 31, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Various comments on the plan in response to the Regions review 
were submitted on March 24, 1972, by the State Department of Health. 
(Non-regulatory)
    (2) The Emergency Episode Operations/Communications Manual for the 
Kansas City Interstate AQCR was submitted on April 6, 1972, by the State 
Department of Health. (Non-regulatory)
    (3) Emergency Episode Operations/Communications Manual for all 
Kansas Intrastate AQCR's was submitted on February 15, 1973, by the 
State Department of Health. (Non-regulatory)
    (4) Revisions of sections 28-19-6 through 15, 20-24, 30-32, 40-47, 
50-52 and 55-58 of the State air pollution control regulations were 
submitted by the

[[Page 444]]

State Department of Health on April 17, 1973.
    (5) Letter from the Governor, dated May 29, 1973, concerning the 
attainment of CO emission standards. (Non-regulatory)
    (6) An amendment to the State air quality control law, Senate Bill 
No. 30, dealing with public access to emission data was submitted on 
July 27, 1973, by the Governor.
    (7) Revisions of sections 28-19-8, 9, 14, 22, 25 and and 47 of the 
State air pollution control regulations were submitted on February 6, 
1974, by the Governor.
    (8) Copy of the State's analysis and recommendations concerning the 
designation of Air Quality Maintenance Areas was submitted by letter 
from the State Department of Health on February 28, 1974. (Non-
regulatory)
    (9) Kansas submitted State Implementation Plan (SIP) revisions to 
attain the National Ambient Air Quality Standards on September 17, 1979 
for Wyandotte and Johnson Counties, on October 22, 1979 for Douglas 
County, and on March 10, 1980 for Kansas City of the state designated 
nonattainment areas under section 107 of the Clean Air Act as amended in 
1977. On September 22 and 25, 1980, the state submitted revised 
regulations on the control of volatile organic compounds and a 
regulation on the new source permit review program. Included in the plan 
are the following approved state air pollution control regulations:
    (i) The VOC regulations which EPA approved as RACT: 28-19-61 
Definitions, 28-19-62 Testing Procedures, 28-19-63 Automobile and Light 
Duty Trunk Surface Coating, 28-19-65 Petroleum Liquid Storage Tanks, 28-
19-66 Petroleum Liquid Storage in External Floating Roof Tanks, 28-19-67 
Petroleum Refineries, 28-19-68 Leaks from Petroleum Refinery Equipment, 
28-19-69 Cutback Asphalt.
    (ii) The New Source Permit Review regulation 28-19-16 through 16m 
which EPA conditionally approved as meeting the requirements of sections 
172(b)(6); 172(b)(11)(A), and 173.
    (iii) The Kansas City-Wyandotte County air pollution control 
regulations which have been adopted by both the Kansas City, Kansas 
Board of City Commissioners and the Wyandotte County Board of County 
Commissioners:

    2A-1 Jurisdiction, 2A-2 Purpose, 2A-3 Definitions, 2A-4 Powers of 
the Board, 2A-5 Facts and Circumstances Pertinent to Orders of Joint 
Board, 2A-6 Right of Entry for Inspection, 2A-7 Time for Compliance 
Schedule, 2A-8 Variance, 2A-9 Circumvention of Chapter or Regulations, 
2A-10 Air Pollution Nuisances Prohibited; Additional Emission 
Restrictions; Interference with the Enjoyment of Life and Property, 2A-
11 Reserved, 2A-12 Confidential Information, 2A-13 Registration and 
Permit System; Exemptions, 2A-14 Review of New or Altered Sources, 2A-15 
Public Hearings, 2A-16 Installations in which Fuel is Burned, 2A-17 
Restriction of Emission of Particulate Matter from Industrial Processes, 
2A-18 Open Burning Prohibition, 2A-19 Opacity Requirements, 2A-20 
Exceptions Due to Breakdowns or Scheduled Maintenance, 2A-21 Preventing 
Particulate Matter from Becoming Air-Borne, 2A-22 Measurement of 
Emissions, 2A-23 Restriction of Emission of Odors, 2A-24 Sulfur Compound 
Emissions, 2A-24.1 Hydrocarbon Emissions; Stationary Sources, 2A-25 
Control of Carbon Monoxide Emissions, 2A-26 Control of Nitrogen Oxide 
Emissions, 2A-26.1 Incinerators, 2A-27 Air Pollution Emergencies--
General Provisions, 2A-28 Air Pollution Emergencies--Episode Criteria, 
2A-29 Emission Reduction Requirements, 2A-30 Emergency Episode Plans, 
2A-31 Penalties for Violation of Chapter or Air Pollution Control 
Regulations, and 2A-32 Conflict of Ordinances, Effect Partial 
Invalidity.

    (10) The Kansas State Implementation Plan for lead was submitted on 
February 17, 1981, by the Governor of Kansas, along with a submittal 
letter which provided additional information concerning the Kansas State 
Implementation Plan for lead.
    (11) Kansas submitted SIP revisions to attain and maintain the 
National Ambient Air Quality Standards for carbon monoxide on April 16, 
1981, for the South Central Kansas Interstate Air Quality Control 
Region, Wichita nonattainment area. The plan included commitments to 
complete transportation control measures for the reduction of carbon 
monoxide from transportation related sources for the attainment of the 
national standards by December 31, 1982.
    (12) A plan revision which makes modifications to the existing 
Kansas air quality surveillance network was submitted by the Kansas 
Department

[[Page 445]]

of Health and Environment on October 16, 1981.
    (13) Additional information to correct two plan deficiencies was 
submitted by the Kansas Department of Health and Environment on May 12, 
1981.
    (14) Letter and supporting documents submitted on September 15, 
1981, from the Director of Air Quality and Occupational Health relating 
to reasonably available control technology for certain particulate 
matter sources in the Kansas City, Kansas area.
    (15) New regulations 28-19-70 and 28-19-62 applicable to tank trucks 
operating at bulk gasoline terminals were submitted by the Kansas 
Department of Health and Environment on June 15, 1982. State regulation 
28-19-51 is revoked. Revised regulations 28-19-16, 28-19-16a, 28-19-16b, 
28-19-16c, 28-19-16f, 28-19-16g, 28-19-16h, and 28-19-16i, applicable to 
new sources in nonattainment areas were included with the June 15, 1982 
submittal. Action is deferred on the following regulations: 28-19-
16a(d), 28-19-16a(v), 28-19-16, 28-19-16b, 28-19-16c, 28-19-16f, 28-19-
16h, 28-19-16i, and 28-19-16a(o). The remainder of the provisions are 
approved.
    (16) New regulations K.A.R. 28-19-17 through K.A.R. 28-19-171 
applicable to stationary sources subject to prevention of significant 
deterioration (PSD) permit requirements were submitted on May 5, 1983. 
Regulation K.A.R. 28-19-171 pertaining to the use of innovative control 
technology is not approved. By letter dated June 20, 1984, the State of 
Kansas agrees to follow the EPA interim stack height policy for each PSD 
permit issued until such time as EPA revises its general stack height 
regulations.
    (17) Revised regulation K.A.R. 28-19-69, applicable to the use of 
cutback asphalt, was submitted by the Secretary of the Kansas Department 
of Health and Environment on February 21, 1986.
    (i) Incorporation by reference.
    (A) Revised regulation K.A.R. 28-19-69 as approved by the Kansas 
Attorney General on December 5, 1985.
    (18) Revised regulations K.A.R. 28-19-63 applicable to automobile 
and light-duty truck surface coating; K.A.R. 28-19-64 applicable to bulk 
gasoline terminals; K.A.R. 28-19-67 applicable to petroleum refineries; 
and K.A.R. 28-19-68 applicable to leaks at petroleum refineries, were 
submitted by the Secretary of the Kansas Department of Health and 
Environment on February 21, 1986.
    (i) Incorporation by reference. (A) Revised regulations K.A.R. 28-
19-63, K.A.R. 28-19-64, K.A.R. 28-19-67, and K.A.R. 28-19-68 as approved 
by the Kansas Attorney General on October 30, 1985.
    (19) Revised Kansas regulations pertaining to fees for permits to 
construct and operate were submitted by the Kansas Department of Health 
and Environment on March 27, 1986.
    (i) Incorporation by reference.
    (A) Kansas Administrative Regulations (KAR) 28-19-7, 28-19-8, 28-19-
9, 28-19-14, 14(a) and 14(b), 28-19-31, 28-19-45, which became effective 
on May 1, 1986.
    (B) Letter of March 27, 1986 to EPA from the State of Kansas 
Department of Health and Environment.
    (C) Letter of September 15, 1987 to EPA from the State of Kansas 
Department of Health and Environment.
    (20) Revisions to the ozone attainment plan for the Kansas City 
metropolitan area were submitted by the Governor on July 2, 1986. 
Pursuant to this plan, revised regulations for the control of volatile 
organic compound emissions were submitted by the Secretary of the Kansas 
Department of Health and Environment on January 6, 1988. In numerous 
instances, the revised Kansas regulations provide for departmental 
discretion to approve compliance plans and test methods which are 
alternatives to the EPA reference methods. EPA approves these 
regulations with the understanding that all such alternative compliance 
plans and test methods must be submitted to EPA, and approved, as 
individual SIP revisions. In the absence of such approval, the 
enforceable requirements of the SIP shall be the emission limits or 
reduction requirements stated in the regulations. Also, the Kansas 
regulations contain provisions whereby testing is required when the 
facility intends to demonstrate compliance by improved operations or new 
emission controls, yet no test procedures are specified. Examples of 
such provisions are transfer efficiency (TE) and vapor processing 
systems. Test methods

[[Page 446]]

which are developed by the state must be approved by EPA before 
facilities may demonstrate compliance through alternative controls and/
or TE.
    (i) Incorporation by reference.
    (A) Revised regulations K.A.R. 28-19-8, Reporting required; K.A.R. 
28-19-61, Definitions; K.A.R. 28-19-62, Testing procedures; K.A.R. 28-
19-63, Automobile and light-duty truck surface coating; K.A.R. 28-19-64, 
Bulk gasoline terminals; K.A.R. 28-19-65, VOC liquid storage in 
permanent fixed roof type tanks; K.A.R. 28-19-66, VOC liquid storage in 
external floating roof tanks; K.A.R. 28-19-69, Cutback asphalt; K.A.R. 
28-19-70, Leaks from gasoline delivery vessels and vapor collection 
systems; K.A.R. 28-19-71, Printing operations; K.A.R. 28-19-72, Gasoline 
dispensing facilities; K.A.R. 28-19-73, Surface coating of miscellaneous 
metal parts and products and metal furniture; K.A.R. 28-19-74, Wool 
fiberglass manufacturing; and K.A.R. 28-19-75, Solvent metal cleaning. 
Temporary versions of these regulations are effective December 16, 1987, 
through April 30, 1988. The permanent regulations are effective May 1, 
1988.
    (B) Letter of January 6, 1988, from the Secretary of the Kansas 
Department of Health and Environment. This letter establishes the 
effective dates for the revised regulations referenced in subparagraph 
(20)(i)(A) above.
    (ii) Additional material.
    (A) State of Kansas Implementation Plan, Part A--Kansas City 
Metropolitan Area, Ozone, dated June 1986, submitted by the Governor on 
July 2, 1986. The plan contains an attainment demonstration, emissions 
inventories, and a control strategy.
    (B) Supplemental information, pursuant to the above referenced plan, 
was submitted on August 19, 1987.
    (C) Negative declarations for certain VOC source categories were 
submitted on April 16 and August 18, 1987.
    (21) Revised Kansas regulations applicable to air quality models and 
definitions were submitted by the Kansas Department of Health and 
Environment on January 6, 1988.
    (i) Incorporation by reference.
    (A) Kansas Administrative Regulations (K.A.R.) 28-19-17(f) and 28-
19-7 (a) through (f) and (h) through (w) which became effective December 
16, 1987. EPA is deferring action on 28-19-7(g), Emission Limitation and 
Standard.
    (22) On March 1, 1985, the Governor of Kansas submitted a revised 
carbon monoxide state implementation plan for Wichita, Kansas. On 
September 3, 1987, the Kansas Department of Health and Environment 
submitted two new transportation control measures as part of the revised 
Wichita carbon monoxide control plan.
    (i) Incorporation by reference. (A) Letter of September 3, 1987, 
from the Kansas Department of Health and Environment and attached 
transportation control measures adopted August 18, 1987.
    (B) Revision of the Wichita-Sedgwick County Portion of the Kansas 
State Implementation Plan for Carbon Monoxide submitted by the Governor 
on March 1, 1985. The plan contains an attainment demonstration, 
emissions inventory, and a control strategy.
    (23) Kansas Administrative Regulations (K.A.R.) 28-19-19(a) through 
28-19-19(o) pertaining to continuous emission monitoring at certain 
stationary sources were submitted on January 6, 1988, by the Kansas 
Department of Health and Environment. K.A.R. 28-19-19(o) allows for 
departmental discretion on use of different but equivalent procedures 
than those specified in 28-19-19(a) through 28-19-19(n). EPA approves 
this rule with the understanding that all such equivalent procedures and 
requirements must be submitted to EPA as individual SIP revisions. In 
the absence of such approval, the enforceable provisions of K.A.R. 28-
19-19(a) through 28-19-19(n) shall be applicable.
    (i) Incorporation by reference. (A) K.A.R. 28-19-19(a) through 28-
19-19(o), continuous emission monitoring, as submitted by the Secretary 
of the Kansas Department of Health and Environment. These regulations 
became effective on May 1, 1988.
    (B) Letter of January 6, 1988, from the Secretary of the Kansas 
Department of Health and Environment. This letter establishes the 
effective date for the revised regulations referenced in paragraph 
(23)(i)(A) of this section.
    (24) Revised regulations K.A.R. 28-19-7(g), K.A.R. 28-19-16, and 
K.A.R. 28-19-

[[Page 447]]

17 pertaining to new source permit requirements, were submitted by the 
Secretary of the Kansas Department of Health and Environment on March 
27, 1986. Revised regulation K.A.R. 28-19-18 pertaining to stack heights 
was submitted by the Secretary of the Kansas Department of Health and 
Environment on January 6, 1988.
    (i) Incorporation by reference.
    (A) Revised regulations, K.A.R. 28-19-16, 28-19-16b, 28-19-16d, 28-
19-16g, 28-19-16i, 28-19-161, 28-19-17, 28-19-17a, and 28-19-17b, which 
became effective on May 1, 1986.
    (B) Revised regulations K.A.R. 28-19-7(g), and K.A.R. 28-19-18 
through 28-19-18f. The temporary regulations became effective December 
16, 1987, and became permanently effective on May 1, 1988.
    (ii) Additional material.
    (A) KDHE letter of March 27, 1986, to EPA pertaining to new source 
permit regulations.
    (B) KDHE letter of January 6, 1988, and June 9, 1988, to EPA 
pertaining to stack height regulations.
    (C) KDHE letters of December 7, 1987, and December 23, 1987, 
pertaining to the state's stack heights analysis and negative 
declarations.
    (25) Revised Kansas Administrative Regulations (K.A.R.) pertaining 
to PM10 regulations and the PM10 committal SIP were submitted 
by Kansas on October 5, 1989.
    (i) Incorporation by reference. (A) Revised regulations Article 19--
Ambient Air Quality Standards and Air Pollution Control, K.A.R. 28-19-7, 
28-19-8, 28-19-14, 28-19-16a, 28-19-17a, 28-19-17b, 28-19-17c, 28-19-
17g, 28-19-17i, 28-19-20, 28-19-21, and 28-19-56, published August 31, 
1989, effective October 16, 1989.
    (ii) Additional material. (A) Letter of October 5, 1989, from the 
Secretary of the Kansas Department of Health and Environment (KDHE).
    (B) Memorandum of October 16, 1989, from the Secretary of State 
(Kansas) to Stanley Grant (KDHE).
    (C) Revised Air Quality Surveillance Monitoring Plan--Section E.
    (26) Revisions to the state implementation plan for the Kansas City 
metropolitan area were submitted by the Governor on October 23, 1991. 
Revisions include a maintenance plan which demonstrates continued 
attainment of the NAAQS for ozone through the year 2002. Rule revisions 
were also submitted on October 23, 1991.
    (i) Incorporation by reference,
    (A) Article 19--Ambient Air Quality Standards and Air Pollution 
Control, revised Kansas Administrative Regulations (K.A.R.) 28-19-61, 
Definitions, and K.A.R. 28-19-62, Testing procedures; and new rules 
K.A.R. 28-19-76, Lithography printing facilities, and K.A.R. 28-19-77, 
Chemical processing facilities that operate alcohol plants or liquid 
detergent plants. These rules were published August 22, 1991, and became 
effective October 7, 1991.
    (ii) Additional material
    (A) State of Kansas Implementation Plan, Kansas City Metropolitan 
Area Maintenance Provisions, October 1991.
    (27) On September 15, 1992, the Secretary of KDHE submitted rule 
revisions to K.A.R. 28-19-17, the PSD rule; to K.A.R. 28-19-19, the CEM 
rule; and to K.A.R. 28-19-73, a surface coating rule. These rule 
revisions were adopted by KDHE on April 3, 1992.
    (i) Incorporation by reference,
    (A) Revised regulations K.A.R. 28-19-17 through 28-19-171, K.A.R. 
28-19-19 and K.A.R. 28-19-73, and new regulations K.A.R. 28-19-17m 
through 28-19-17q, effective June 8, 1992.
    (ii) Additional material.
    (A) Letter and attachment from KDHE dated September 15, 1992 
pertaining to PSD NOx requirements.
    (28) A plan for implementation of the Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program was 
submitted by the Kansas Department of Health and Environment as a 
revision to the Kansas State Implementation Plan (SIP) on January 25, 
1994.
    (i) Incorporation by reference.
    (A) Kansas SIP, Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program, dated November 15, 1993.
    (29) On May 16, 1994 the Secretary of KDHE submitted revisions to 
rules K.A.R. 28-19-31, 28-19-32, 28-19-63, and operating permits 
#20090048 (BPU Quindaro station) and #20090049 (BPU Kaw station).
    (i) Incorporation by reference.

[[Page 448]]

    (A) Revised regulations K.A.R. 28-19-31, K.A.R. 28-19-32, K.A.R. 28-
19-63, effective November 8, 1993.
    (B) Operating permits; Kansas City, Kansas, Board of Public 
Utilities Quindaro permit #20090048, and Kaw permit #20090049, effective 
October 20, 1993.
    (ii) Additional material.
    (A) Letter from BPU to KDHE dated December 11, 1992, regarding 
compliance verification methods and schedules.
    (30) On February 17, 1995, the Secretary of the Kansas Department of 
Health and Environment (KDHE) submitted for approval numerous rule 
revisions which add and revise definitions, revise the Kansas 
construction permit program, and create a class II operating permit 
program.
    (i) Incorporation by reference.
    (A) Revised rules K.A.R. 28-19-7 effective November 22, 1993; K.A.R. 
28-19-8 effective January 23, 1995; K.A.R. 28-19-14 effective January 
24, 1994; and the revocation of K.A.R. 28-19-14a effective January 23, 
1995; and the revocation of K.A.R. 28-19-14b effective January 24, 1994.
    (B) New rules K.A.R. 28-19-204, 212, 300, 301, 302, 303, 304, 400, 
401, 402, 403, 404, 500, 501, 502, 540, 541, 542, 543, 544, 545, 546, 
561, 562, and 563 effective January 23, 1995.
    (31) On May 11, 1995, the Kansas Department of Health and 
Environment submitted an emissions inventory update to the Kansas City 
maintenance plan approved by EPA on June 23, 1992. The submittal also 
establishes a motor vehicle emissions budget for the purpose of 
fulfilling the requirements of the Federal Transportation Conformity 
rule.
    (i) Incorporation by reference.
    (A) Kansas City Ozone Maintenance State Implementation Plan 
Revision: Emissions Inventories and Motor Vehicle Emissions Budgets for 
the Kansas City Metropolitan Area, adopted on May 11, 1995.
    (d) Plan revisions were submitted on April 17, 1974, and February 
17, 1974.

[37 FR 10867, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.870, see the List of CFR Sections Affected in the Finding Aids 
sections of this volume.



Sec. 52.871   Classification of regions.

    The Kansas 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)
----------------------------------------------------------------------------------------------------------------
Metropolitan Kansas City Interstate..................           I        III       III         I             I  
South Central Kansas Intrastate......................           I        III       III       III             I  
Northeast Kansas Intrastate..........................           I        III       III       III           III  
Southeast Kansas Intrastate..........................         III        III       III       III           III  
North Central Kansas Intrastate......................           I        III       III       III           III  
Northwest Kansas Intrastate..........................           I        III       III       III           III  
Southwest Kansas Intrastate..........................           I        III       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10867, May 31, 1972]



Sec. 52.872   Operating permits.

    Emission limitations and related provisions which are established in 
Kansas operating permits as Federally enforceable conditions shall be 
enforceable by EPA. EPA reserves the right to deem permit conditions not 
Federally enforceable. Such a determination will be made according to 
appropriate procedures and be based upon the permit, permit approval 
procedures, or permit requirements which do not conform with the 
operating permit program requirements or the requirements of EPA 
underlying regulations.

[60 FR 36364, July 17, 1995]



Sec. 52.873  Approval status.

    (a) The Kansas portion of the Kansas City metropolitan area was 
designated

[[Page 449]]

as nonattainment for ozone in 40 CFR part 81. Therefore, the 
Administrator approves continuation of the 7.8 RVP limit as federally 
enforceable in the Kansas City metropolitan area, even after the area is 
redesignated to attainment, because of its nonattainment designation 
effective January 6, 1992. Also, the requirement for 7.8 psi RVP 
volatility is deemed necessary to ensure attainment and maintenance of 
the ozone standard as demonstrated by the emissions inventory 
projections (based on use of 7.8 psi RVP) in Kansas' ozone maintenance 
plan for the Kansas City metropolitan area.
    (b)[Reserved]
    (c) The Administrator approves Rule K.A.R. 28-19-31 as identified at 
Sec. 52.870(c)(29), with the understanding that any alternative 
compliance plans issued under this rule must be approved by EPA as 
individual SIP revisions.

[37 FR 10867, May 31, 1972, as amended at 46 FR 20170, Apr. 3, 1981; 46 
FR 61118, Dec. 15, 1981; 57 FR 27939, June 23, 1992; 59 FR 52427, Oct. 
18, 1994; 61 FR 16061, Apr. 11, 1996]



Sec. 52.874   Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met 
since authority to make emission data available to the public is 
inadequate. Kansas Statutes Annotated 65-3015 would require confidential 
treatment if the data related to processes or production unique to the 
owner or would tend to affect adversely the competitive position of the 
owner.
    (b) The requirements of Sec. 51.232(b) of this chapter are not met 
since the following deficiencies exist in the local agency legal 
authority:
    (1) Kansas City, Kans.-Wyandotte County Health Department. (i) 
Authority to make emission data available to the public is inadequate 
because the Kansas Statutes Annotated 65-3016 provides a designated 
local air quality conservation authority with the same authority as the 
State (Sec. 51.230(f) of this chapter).
    (2) Topeka-Shawnee County Health Department. (i) Authority to make 
emission data available to the public is inadequate because the Kansas 
Statutes Annotated 65-3016 provides a designated air quality 
conservation authority with the same authority as the State 
(Sec. 51.230(f) of this chapter).
    (3) Wichita-Sedgwick County Health Department. (i) Authority to make 
emission data available to the public is inadequate because the Kansas 
Statutes Annotated 65-3016 provides a designated local air quality 
conservation authority with the same authority as the State 
(Sec. 51.230(f) of this chapter).
    (c) The requirements of Sec. 51.230(d) of this chapter are not met 
since statutory authority to prevent construction, modification, or 
operation of a facility, building, structure, or installation, or 
combination thereof, which indirectly results or may result in emissions 
of any air pollutant at any location which will prevent the maintenance 
of a national air quality standard is not adequate.

[37 FR 10867, May 31, 1972, as amended at 39 FR 7281, Feb. 25, 1974; 51 
FR 40676, Nov. 7, 1986]
Sec. 52.875  [Reserved]



Sec. 52.876   Compliance schedules.

    (a) The requirements of Sec. 51.260 and of Sec. 51.15(a)(2) of this 
chapter as of September 19, 1976 (40 FR 43216), are not met since the 
plan does not contain legally enforceable compliance schedules setting 
forth the dates by which all stationary sources or categories of such 
sources must be in compliance with applicable portions of the control 
strategy. Paragraphs C and D of Kansas Regulation 28-19-9 specify that 
all sources not in compliance must submit an acceptable compliance 
schedule within 120 days after receiving notification from the State. 
There are no assurances that all sources will be notified by the State 
in a timely manner, therefore, paragraphs C and D of Regulation 28-19-9 
are disapproved.
    (b) Federal compliance schedule. (1) Except as provided in paragraph 
(2) of this paragraph (b), the owner or operator of any stationary 
source subject to any emission regulation which is part of the approved 
plan shall be in compliance on or before January 31, 1974.
    (i) Any owner or operator in compliance with any such applicable 
regulation on the effective date of this paragraph shall certify such 
compliance to

[[Page 450]]

the Administrator no later than December 31, 1972.
    (ii) Any owner or operator who achieves compliance with any such 
applicable regulation after the effective date of this paragraph shall 
certify such compliance to the Administrator within 5 days of the date 
compliance is achieved.
    (2) An owner or operator of a stationary source subject to any 
emission regulation approved by the Administrator may no later than 
December 31, 1972, submit to the Administrator for approval a proposed 
compliance schedule that demonstrates compliance with such regulation as 
expeditiously as practicable, but no later than July 31, 1975. The 
compliance schedule shall provide for periodic increments of progress 
toward compliance. The dates for achievement of such increments shall be 
specified. Increments of progress shall include, but not be limited to: 
Letting of necessary contracts for construction or process changes, if 
applicable; initiation of construction; completion and startup of 
control systems; performance tests; and submittal of performance test 
analysis and results.
    (3) Any owner or operator who submits a compliance schedule pursuant 
to this paragraph shall, within 5 days after the deadline for each 
increment of progress, certify to the Administrator whether or not the 
required increment of the approved compliance schedule has been met.
    (4) Any compliance schedule adopted by the State and approved by the 
Administrator shall satisfy the requirements of this paragraph for the 
affected source.
    (c) State compliance schedules. (1) [Reserved]
    (2) The compliance schedules identified below are disapproved as not 
meeting the requirements of Sec. 51.102 or subpart N of this chapter. 
All regulations cited are air pollution control regulations of the 
state, unless otherwise noted.

                                                     Kansas                                                     
----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved          Date adopted     
----------------------------------------------------------------------------------------------------------------
Chanute Manufacturing Co., Inc.: sand  Chanute................  28-19-50...............  Dec. 14, 1973.         
 blasting.                                                                                                      
Kansas City Power & Light, coal        LaCygne................  28-19-50...............  Nov. 22, 1974.         
 transfer houses.                                                                                               
Pence Food Center, incinerator.......  Chanute................  28-19-40...............      Do.                
Rodney Milling Co.:                                                                                             
  ``A'' house gallery and tunnel       Topeka.................  28-19-50...............      Do.                
   system.                                                                                                      
  ``B'' & ``C'' house gallery........  ......do...............  28-19-50...............      Do.                
Western Alfalfa Corp., alfalfa         Deerfield..............  28-19-20...............      Do.                
 dehydrator.                                                                                                    
    Do...............................  Tice...................  28-19-20...............      Do.                
Pence Food Center, incinerator.......  Humboldt...............  28-19-40...............      Do.                
Sherwin-Williams Chemicals, Ozark      Coffeyville............  28-19-50B..............  Oct. 8, 1974.          
 P.M. Mill.                                                                                                     
Continental Grain Co., rail car        Hutchinson.............  28-19-50...............  Aug. 15, 1974.         
 loading.                                                                                                       
Far-Mar-Co, Inc., headhouse cyclones.  Topeka.................  28-19-50...............  Sept. 5, 1974.         
    Do...............................  Hutchinson.............  28-19-50...............  Aug. 15, 1974.         
Western Iron & Foundry, cupola.......  Wichita................  28-19-20A, 28-19-50A...  Oct. 4, 1974.          
Kansas Army Ammunition Plant, open     Parsons................  28-19-45...............  Jan. 24, 1975.         
 burning.                                                                                                       
Reid Grain, headhouse................  Goodland...............  28-19-50...............      Do.                
Sherwin-Williams Chemicals, black ash  Coffeyville............  28-19-50A..............      Do.                
 kiln.                                                                                                          
Cooperative Farm Chemicals, No. 1      Lawrence...............  28-19-20...............  Mar. 28, 1975.         
 NH4NO399-percent evaporator and                                                                                
 prilling tower.                                                                                                
Sherwin-Williams Chemical Co., ozide   Coffeyville............  28-19-50A..............      Do.                
 calciner exhaust.                                                                                              
Kaw Dehydrating Co., alfalfa           Lawrence...............  28-19-20...............      Do.                
 dehydrator.                                                                                                    
Empire Dist. Electric Co.: Boilers     Riverton...............  28-19-31C..............  May 23, 1975.          
 Nos. 7 and 8.                                                                                                  
Gulf Oil Chemicals Co.: Coal-fired     Pittsburg..............  28-19-31...............      Do.                
 boiler.                                                                                                        
Kansas City Power & Light: Main        La Cygne...............  28-19-31B..............      Do.                
 boiler.                                                                                                        
Mid-America Dairymen: Spray dryers     Sabetha................  28-19-20...............      Do.                
 Nos. 1 and 2.                                                                                                  
Tower Metal Products: Reverberatory    Fort Scott.............  28-19-50A..............      Do.                
 furnace C.                                                                                                     
U.S. Steel--Universal Atlas Cement...  Independence...........                                                  
  Clay storage bin...................  .......................  28-19-50A..............      Do.                
  Stone storage bin..................  .......................  28-19-50A..............      Do.                
Krupp Ball Mill No. 2................  .......................  28-19-50A..............      Do.                
Krupp Ball Mill No. 3................  .......................  28-19-50A..............      Do.                
----------------------------------------------------------------------------------------------------------------

[37 FR 19809, Sept. 22, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.876, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

[[Page 451]]

Secs. 52.877--52.880  [Reserved]



Sec. 52.881  PM10 State implementation plan development in group II areas.

    The state has submitted a committal SIP for Kansas City, Kansas. The 
committal SIP contains all the requirements identified in the July 1, 
1987, promulgation of the SIP requirements for PM10 at 52 FR 24681, 
except the state will report the PM10 data which exceed the 
standard within 60 days of the exceedance, rather than 45 days.

[55 FR 1423, Jan. 16, 1990]
Secs. 52.882--52.883  [Reserved]



Sec. 52.884  Significant deterioration of air quality.

    (a) The requirements of section 160 through 165 of the Clean Air 
Act, as amended are met; except that:
    (1) EPA retains PSD permit authority for Indian lands in the State 
of Kansas.

[49 FR 48186, Dec. 11, 1984, as amended at 54 FR 15935, Apr. 20, 1989; 
58 FR 3848, Jan. 12, 1993]



                           Subpart S--Kentucky



Sec. 52.920  Identification of plan.

    (a) Title of plan: ``Implementation Plan for the Attainment and 
Maintenance of the National and State Ambient Air Quality Standards.''
    (b) The plan was officially submitted on February 8, 1972, and was 
resubmitted on December 5, 1973.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Clarifying comments on the plan submitted on March 6, 1972, by 
the Kentucky Air Pollution Control Office.
    (2) Chapters IV and V, Control Strategies, and Chapter VII, Emission 
Control Regulations, submitted on March 17, 1972, by the Kentucky Air 
Pollution Control Office.
    (3) Summary letter of Kentucky Air Pollution Control Commission and 
Regional Office meeting with attachments submitted May 3, 1972, by the 
Kentucky Air Pollution Control Office.
    (4) Letter requesting delegation of authority and offering 
justification for a two-year extension for attainment of the sulfur 
dioxide primary standard submitted on June 7, 1972, by the Governor.
    (5) Indirect source Regulation AP-11 and compliance schedules 
submitted on December 5, 1973, by the Governor.
    (6) Compliance schedules submitted on February 15, 1974, by the 
Kentucky Department for Natural Resources and Environmental Protection.
    (7) Compliance schedules submitted on April 23, 1974, by the 
Kentucky Department for Natural Resources and Environmental Protection.
    (8) Clarifying comments submitted on May 21, 1974, by the Kentucky 
Department for Natural Resources and Environmental Protection.
    (9) AQMA material submitted on January 6, 1975, by the Kentucky 
Department for Natural Resources and Environmental Protection.
    (10) Revised body of air pollution control regulations and revised 
control strategies submitted respectively on August 29 and September 16, 
1975, by the Kentucky Department for Natural Resources and Environmental 
Protection.
    (11) Letters requesting delegation of Federal authority for the 
administrative and technical portions of the Prevention of Significant 
Deterioration program were submitted on May 5 and June 13, 1976 by the 
Secretary of the Department for Natural Resources and Environmental 
protection.
    (12) 1979 revisions for Part D requirements for ozone nonattainment 
areas, submitted on June 29, 1979, by the Kentucky Department for 
Natural Resources and Environmental Protection.
    (13) 1979 revisions for Part D requirements for sulfur dioxide 
nonattainment areas (Boyd, Jefferson, McCracken, Muhlenberg, and Webster 
Counties), submitted on June 29, 1979, by the Kentucky Department for 
Natural Resources and Environmental Protection.
    (14) 1979 revisions for Part D requirements for total suspended 
particulate nonattainment areas (Bell, Boyd, Jefferson, McCracken and 
Muhlenberg counties, that portion of Bullit County in Shepherdsville, 
that portion of Campbell County in Newport, that portion of Daviess 
County in Owensboro, those portions of Henderson County in and around 
Henderson, that portion of

[[Page 452]]

Lawrence County in Louisa, that portion of Madison County in Richmond, 
that portion of Perry County in Hazard, that portion of Pike County in 
Pikeville, and that portion of Whitley County in Corbin) submitted on 
June 29, 1979, by the Kentucky Department for Natural Resources and 
Environmental Protection.
    (15) Revision to the State Implementation Plan for a bubble action 
at the Kentucky Utilities--Green River Station was submitted on December 
1, 1980.
    (16) Corrections in 1979 ozone revisions required by conditional 
approval of January 25, 1980, submitted on May 18, 1980 (letter on oil-
water effluent separators), September 22, 1980 (Jefferson County I/M 
ordinance and schedule), November 19, 1980 (Jefferson County 
transportation related commitments), and on January 8, 1981 (changes in 
Jefferson County I/M schedule), by the Kentucky Department for Natural 
Resources and Environmental Protection.
    (17) 1979 Revisions for Part D requirements for the Jefferson County 
carbon monoxide nonattainment area, submitted on June 29, 1979, by the 
Kentucky Department for Natural Resources and Environmental Protection. 
Additional materials to correct the deficiencies noted in the November 
15, 1979 proposed conditional approval were submitted as SIP revisions 
on September 22, 1980, November 19, 1980, and January 8, 1981, as noted 
in the preceding paragraph.
    (18) Air quality surveillance plan submitted on November 15, 1979, 
by the Kentucky Department for Natural Resources and Environmental 
Protection.
    (19) Revision to the State Implementation Plan for a bubble action 
at Corning Glassworks, Danville, Kentucky was submitted on May 18, 1981, 
by the Kentucky Department for Natural Resources and Environmental 
Protection.
    (20) Revision to the State Implementation Plan for a bubble action 
at National Distillers Company's Old Crow Plant in Woodford County, 
submitted on December 24, 1980, by the Kentucky Department for Natural 
Resources and Environmental Protection.
    (21) Boone County Inspection/Maintenance ordinance and 
transportation control measures for Boone, Campbell, and Kenton 
Counties, submitted on November 19, 1980, by the Kentucky Department for 
Natural Resources and Environmental Protection.
    (22) Set II VOC regulations, submitted on February 5, 1981, and 
September 24, 1982, by the Kentucky Department for Environmental 
Protection.
    (23) Implementation plan for lead, submitted on May 7, 1980, by the 
Kentucky Department for Natural Resources and Environmental Protection.
    (24) Provision for permit and exemption fees, submitted on June 10, 
1981, by the Kentucky Department for Natural Resources and Environmental 
Protection.
    (25) Provisions for public notifications and participation pursuant 
to section 127(a) of the Clean Air Act, submitted on April 8, 1980, by 
the Kentucky Department for Natural Resources and Environmental 
Protection.
    (26) Revision to the State Implementation Plan for a bubble action 
at General Electric, Louisville, Kentucky, submitted on August 7, 1981, 
by the Kentucky Department for Natural Resources and Environmental 
Protection.
    (27) Revised Boone County Inspection/Maintenance schedule submitted 
on October 9, 1981 by the Kentucky Department for Natural Resources and 
Environmental Protection.
    (28) Addition to Appendix N of Jefferson County Regulation 6.28, 
Standard of Performance for Existing Hot Air Aluminium Atomization 
Processes, submitted on May 18, 1981, by the Kentucky Department for 
Natural Resources and Environmental Protection.
    (29) Revision of Appendix N, Jefferson County Regulation 6.35, 
Standard of Performance for Existing Fabric, Vinyl and Paper Surface 
Coating Operations, submitted on November 17, 1981, by the Kentucky 
Department for Natural Resources and Environmental Protection.
    (30) Jefferson County Set II VOC regulations for new/existing 
affected facilities, submitted on October 20, 1981, by the Kentucky 
Department for Natural Resources and Environmental Protection.
    (31) Miscellaneous non-Part D revisions, submitted on June 29, 1979, 
by the Kentucky Department for Natural

[[Page 453]]

Resources and Environmental Protection.
    (32) Revision to the State Implementation Plan for a bubble action 
at Borden Chemical Co., Jefferson County, Kentucky, received by EPA from 
the Kentucky Department for Natural Resources and Environmental 
Protection on March 5, 1982.
    (33) Addition of Kentucky Regulation 401 KAR 61:165, section 5, 
Particulate Standard for Existing Primary Aluminum Reduction Plants, 
submitted on March 4, 1982, by the Kentucky Department for Natural 
Resources and Environmental Protection.
    (34) [Reserved]
    (35) Corrections in 1979 Part D revisions for sulfur dioxide 
nonattainment area (Boyd County), submitted on September 24, 1982, by 
the Kentucky Natural Resources and Environmental Protection Cabinet.
    (36) Variance for seven per- chloroethylene dry cleaners, submitted 
on August 4, 1982, by the Kentucky Department for Environmental 
Protection.
    (37) Variances for two dry cleaners, submitted on January 27, 1983, 
by the Kentucky Department for Environmental Protection.
    (38) Revised SO2 limit for large coal-fired boilers in Pulaski 
County, submitted on June 29, 1979, by the Kentucky Department for 
Natural Resources and Environmental Protection.
    (39)--(40) [Reserved]
    (41) Revisions to Appendix N, submitted July 19, 1982 and March 21, 
1983, by the Kentucky Department for Environmental Protection.
    (42) Regulation 401 KAR 61:070, Existing Ferroally Production 
Facilities, for the Marshall County Part D TSP area, submitted on June 
29, 1979, by the Kentucky Department for Environmental Protection.
    (43) 1982 revisions to the Part D plan for the Jefferson County 
ozone and carbon monoxide nonattainment area, submitted by the Kentucky 
Natural Resources and Environmental Protection Cabinet on February 9, 
June 15, September 12, November 21, and December 9, 1983.
    (44) Variances for two dry cleaners, Jiffy The Cleaners and Hiland 
Cleaners, submitted on April 25, 1984, by the Kentucky Natural Resources 
Environmental Protection Cabinet.
    (45) Corrections in the Part D TSP SIP and other revisions submitted 
on December 9, 1982, and May 1, 1984, by the Kentucky Department for 
Environmental Protection.
    (i) Incorporation by reference.
    (A) Revisions in regulations 401 KAR--

    50:010, Definitions and Abbreviations;
    50:055, General Compliance Requirements;
    61:005, General Provisions;
    61:015, Existing Indirect Heat Exchangers;
    61:075, Steel Plants and Foundries Using Existing Electric Arc 
Furnaces;
    61:080, Steel Plants Using Existing Basic Oxygen Process Furnaces;
    61:140, Existing By-Product Coke Manufacturing Plants; and
    61:170, Existing Blast Furnace Casthouses.

The changes in these regulations were effective September 22, 1982 
(50:055), December 1, 1982 (50:010, 61:005, 61:015, 61:075, and 61:140), 
and April 1, 1984 (61:080 and 61:170). No action is taken on the 
definition of ``volatile organic compounds''in 401 KAR 50:010.
    (ii) Other material--none.
    (46) Kentucky regulation 401 KAR 51:017, Prevention of significant 
deterioration of air quality, and Kentucky's State Implementation Plan 
Revision for the Protection of Visibility for the Commonwealth of 
Kentucky pursuant to 40 CFR part 51, subpart P, submitted on February 
20, 1986, by the Kentucky Natural Resources and Environmental Protection 
Cabinet.
    (i) Incorporation by reference. (A) Kentucky regulation 401 KAR 
51:017, Prevention of significant deterioration of air quality, which 
became State-effective on February 4, 1986.
    (ii) Other material. (A) Kentucky's State Implementation Revision 
for the Protection of Visibility for the Commonwealth of Kentucky, 
pursuant to 40 CFR part 51, subpart P, which became State-effective on 
February 4, 1986.
    (47) Stack height regulations were submitted to EPA on July 15, 
1986, by the Kentucky Natural Resources and Environmental Protection 
Cabinet.
    (i) Incorporation by reference.
    (A) Regulation 401 KAR 50:042, which became effective on June 10, 
1986.
    (ii) Other material--none.
    (48) Revisions to the I/M portions of the carbon monoxide and ozone 
Part D

[[Page 454]]

plans for Jefferson County, submitted by the Kentucky Natural Resources 
and Environmental Protection Cabinet on February 18, 1986.
    (i) Incorporation by reference.
    (A) A revised Regulation 8, Vehicle Exhaust Testing Requirements of 
the rules of the Air Pollution Control District of Jefferson County 
which was adopted on September 18, 1985.
    (ii) Other materials--none.
    (49) A revision to the Kentucky SIP for Tennessee Valley Authority 
Paradise Steam Plant pursuant to the procedures specified in Kentucky 
regulation 401 KAR 61:015, section 3 was submitted on June 29, 1987, by 
the Kentucky Natural Resources and Environmental Protection Cabinet. The 
revised SO2 limits are contained in Permit Number 0-87-012, issued 
on June 29, 1987.
    (i) Incorporation by reference.
    (A) Permit Number 0-87-012, issued by the Kentucky Natural Resources 
and Protection Cabinet on June 29, 1987.
    (ii) Other material.
    (A) Letter of June 27, 1987 from the Kentucky Natural Resources and 
Environmental Protection Cabinet.
    (50) A revision in Kentucky regulation 401 KAR 61:140, Existing by-
product coke manufacturing plants, submitted on September 19, 1986, by 
the Kentucky Natural Resources and Environmental Protection Cabinet.
    (i) Incorporation by reference.
    (A) A revision to Division of Air Pollution regulation 401 Kentucky 
Administrative Regulations (KAR) 61:140, Existing by-product coke 
manufacturing plants, which became effective on September 4, 1986.
    (B) Letter of September 19, 1986 from the Commonwealth of Kentucky 
to EPA.
    (51) Revisions to the I/M portions of the carbon monoxide and ozone 
Part D plans for Jefferson County, submitted by the Kentucky Natural 
Resources and Environmental Protection Cabinet on March 20, 1987.
    (i) Incorporation by reference.
    (A) A revised Regulation 8, Vehicle Exhaust Testing Requirements; of 
the rules of the Air Pollution Control District of Jefferson County 
which was adopted on December 17, 1986.
    (B) March 2, 1987 letter to EPA from Jefferson County.
    (ii) Additional materials--none.
    (52) Kentucky Plan for the ``Protection of Visibility in Class I 
Areas (PART II)'' submitted to EPA on August 31, 1987, by the Kentucky 
Department for Environmental Protection (KDEP) to satisfy the Part 2 
visibility requirements.
    (i) Incorporation by reference.
    (A) June 8, 1988, letter from the Kentucky Natural Resources and 
Environmental Protection Cabinet, October 9, 1987, clarification letter 
from the Kentucky Natural Resources and Environmental Protection 
Cabinet, and page 8 of the Kentucky plan for the protection of 
visibility in Class I areas (PART II) containing the periodic review 
requirements satisfying 40 CFR 51.306(c), adopted on August 31, 1987.
    (ii) Additional material.
    (A) Narrative entitled ``The Kentucky Plan for the Protection of 
Visibility in Class I Areas (PART II).''
    (53) Revisions to Kentucky regulation 401 KAR 50:015, Documents 
incorporated by reference, submitted by the Kentucky Natural Resources 
and Environmental Protection Cabinet on March 23, 1987.
    (i) Incorporation by reference.
    (A) Revisions to Kentucky regulation 401 KAR 50:015, Documents 
incorporated by reference which became State-effective on February 10, 
1987.
    (B) Letter of March 23, 1987, from the Kentucky Natural Resources 
and Environmental Protection Cabinet transmitting the foregoing 
revisions.
    (ii) Additional material--none.
    (54) An opacity variance for boiler Units 1 and 2 of Tennessee 
Valley Authority's (TVA's) Paradise Steam Plant, submitted on August 6, 
1986, by the Kentucky Natural Resources and Environmental Protection 
Cabinet.
    (i) Incorporation by reference.
    (A) Permit No. 0-86-75, for the TVA Paradise Steam Plant, issued by 
the Kentucky Natural Resources and Environmental Protection Cabinet on 
July 24, 1986.
    (B) Letter of August 6, 1986, from the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (ii) Other material--none.

[[Page 455]]

    (55) Revisions to Jefferson County, Kentucky Regulation 2.08, Permit 
Fees and Renewal, submitted on March 20, 1987, by the Kentucky Natural 
Resources and Environmental Protection Cabinet.
    (i) Incorporation by reference.
    (A) Revisions to Jefferson County, Kentucky Regulation 2.08, Permit 
Fees and Renewal, which became State-effective on December 17, 1986.
    (B) Letter of March 20, 1987, from the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (ii) Other material--none.
    (56) A revision to Kentucky Regulation 401 KAR 51:017, Prevention of 
Significant Deterioration of Air Quality, submitted on February 9, 1988, 
by the Kentucky Natural Resources and Environmental Protection Cabinet. 
The revision to section 12(1)(e) replaces the reference to Regulation 
401 KAR 51:052 with a reference to 40 CFR part 51, Appendix S, section 
IV. This revision became State-effective on December 11, 1987.
    (i) Incorporation by reference.
    (A) Kentucky Regulation 401 KAR 51:017, Prevention of Significant 
Deterioration of Air Quality, section 12(1)(e), which became State-
effective on December 11, 1987.
    (ii) Other material.
    (A) Letter of February 9, 1988, from the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (57) Jefferson County Air Pollution Control District Regulation 6.38 
was submitted to EPA on March 20, 1987 by the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (i) Incorporation by reference.
    (A) Jefferson County Air Pollution Control District Regulation 6.38, 
``Standards of performance for existing air oxidation processes in the 
synthetic organic chemical manufacturing industry'', which became 
effective December 17, 1986.
    (B) Letter of March 20, 1987, from the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (ii) Other materials--none.
    (58) Jefferson County Air Pollution Control District Regulation 6.39 
was submitted to EPA on March 20, 1987, by the Kentucky Natural 
Resources and Environmental Protection Cabinet.
    (i) Incorporation by reference.
    (A) Jefferson County Air Pollution Control District Regulation 6.39, 
``Standard of performance for equipment leaks of volatile organic 
compounds in existing synthetic organic chemical and polymer 
manufacturing plants'', which became effective December 17, 1986.
    (B) March 20, 1987, letter from the Kentucky Natural Resources and 
Environmental Protection Cabinet.
    (ii) Other materials--none.
    (59) Revision to Jefferson County Regulations 3.05, Methods of 
Measurement submitted on January 19, 1989, by the Kentucky Natural 
Resources and Environmental Protection Cabinet.
    (i) Incorporation by reference.
    (A) Revisions to the Jefferson County Regulations, 3.05. Methods of 
Measurement.
    This revision became State-effective April 20, 1988.
    (ii) Other material.
    (A) Letter of January 19, 1989, from the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (60) Corrections in Part D TSP SIP and other revisions submitted on 
September 19, 1986, by the Kentucky Department for Environmental 
Protection. The removal of these last two conditions renders the 
Kentucky's Part D SIP for TSP fully approved.
    (i) Incorporation by reference.
    (A) Revisions in Regulation 401 KAR--

    50:015. Documents Incorporated by Reference.
Section 1. Code of Federal Regulations,
Section 3. American Society for Testing and Materials,
Section 8. Kentucky Division of Air Pollution,
Section 10. American Public Health Association, and
Section 11. Availability.
    59:010. New process operations.
Section 1. Applicability,
Section 2. Definitions,
Section 3. Standard for Particulate Matter, and
Section 4. Test Methods and Procedures.
    61:020. Existing process operations.
Section 1. Applicability
Section 2. Definitions;
Section 3. Standard for Particulate Matter, and
Section 4. Test Methods and Procedures.


[[Page 456]]


    These changes were effective September 4, 1986.
    (B) Letter of September 19, 1986, from the Kentucky Natural 
Resources and Environmental Protection Cabinet to EPA.
    (ii) Other material--none.
    (61) Revisions in Regulations 5.01, 6.12, 6.19, 6.22, 6.29, 6.30, 
6.31, 6.32, 6.33, 6.34, and 6.35 of the Jefferson County portion of 
Kentucky's SIP were submitted on January 19, 1989, by Kentucky's Natural 
Resources Division and Environmental Protection Cabinet.
    (i) Incorporation by reference.
    (A) Amendments to the Jefferson County Regulations 5.01, 6.12, 6.19, 
6.22, 6.29, 6.30, 6.31, 6.32, 6.33, 6.34, and 6.35 adopted on April 20, 
1988.
    (B) Letter of January 19, 1989, from Kentucky's Natural Resources 
and Environmental Protection Cabinet.
    (ii) Other materials-none.
    (62) Revision to Kentucky Regulation 401 KAR 50:015, Documents 
incorporated by reference submitted on February 9, 1989, by the Kentucky 
Natural Resources and Environmental Protection Cabinet. Section 5(1)(a) 
was amended to incorporate by reference Supplement A to the Guideline on 
Air Quality Models (Revised), July 1987. Supplement A became effective 
February 5, 1988. Section 12(4) was amended to reflect the current phone 
number for the Florence Regional Office. The revisions to 50:015 became 
state effective October 26, 1988.
    (i) Incorporation by Reference.
    (A) Kentucky Regulation 401 KAR 50:015, Documents incorporated by 
reference, Section 12(4) was amended on October 26, 1988.
    (B) Supplement A to the Guideline on Air Quality Models EPA-450/2-
78-027R that became effective February 5, 1988.
    (ii) Other material.
    (A) Letter of February 9, 1989, from the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (63) Revisions to Kentucky Regulations 401 KAR 50:010, Definitions 
and abbreviations and 401 KAR 51:017, Prevention of Significant 
Deterioration of Air Quality, submitted on December 29, 1986, by the 
Kentucky Natural Resources and Environmental Protection Cabinet.
    (i) Incorporation by reference. (A) Revisions in Kentucky 
Regulations are as follows. 401 KAR 50:010, Definitions and 
abbreviations section 1(49), and 401 KAR 51:017 Prevention of 
Significant Deterioration of Air Quality, Section 8(3). These revisions 
were state effective December 2, 1986.
    (ii) Other material. (A) Letter of February 9, 1988, from the 
Kentucky Natural Resources and Environmental Protection Cabinet.
    (64) Revisions to Jefferson County Regulation 4, Emergency Episode 
submitted on January 19, 1989 and July 12, 1989, by the Kentucky Natural 
Resources and Environmental Protection Cabinet.
    (i) Incorporation by reference.
    (A) Revisions to the following Jefferson County Regulation.
    (1) Regulation 4, except Regulation 4.02, effective February 16, 
1983.
    (2) Regulation 4.02 Episode Criteria effective April 20, 1988.
    (ii) Other material.
    (A) Letters of January 19, 1989 and July 12, 1989, from the Kentucky 
Natural Resources and Environmental Protection Cabinet.
    (65) Addition of Jefferson County Regulation 2.05, Prevention of 
Significant Deterioration of Air Quality, submitted on August 2, 1989, 
by the Kentucky Natural Resources and Environmental Protection Cabinet.
    (i) Incorporation by reference.
    (A) Jefferson County Regulation 2.05, Prevention of Significant 
Deterioration of Air Quality. This regulation became effective April 19, 
1989.
    (ii) Other material.
    (A) August 2, 1989, letter from the Natural Resources and 
Environmental Protection Cabinet.
    (66) On July 7, 1988, revisions to Kentucky's State Implementation 
Plan for PM10 were submitted by the Kentucky Natural Resources and 
Environmental Protection Cabinet. The submittal included a committal 
SIP. EPA is taking no action on 401 KAR 51:052, Review of new sources in 
or impacting upon non-attainment areas.
    (i) Incorporation by reference.
    (A) The following revisions to 401 KAR were effective April 14, 
1988:

[[Page 457]]

    (1) 50:010. Definitions and abbreviations: Section 1. Definitions 
and section 2. Abbreviations.
    (2) 50:015. Documents incorporated by reference: Sections 1, 3, and 
11.
    (3) 50:035. Permits.
    (4) 51:010. Attainment status designations: Section 1(1) and 
Appendices A and B.
    (5) 51:017. Prevention of significant deterioration of air quality: 
Section 8(4) (e) and (f), section 8(9), section 12(1) (f) and (g), and 
Appendices A, B, C, and D.
    (6) 53:005. General provisions: Section 3(2).
    (7) 53:010. Ambient air quality standards: Appendix A.
    (8) 55:005. Significant harm criteria.
    (9) 55:010. Episode criteria: Headings and Appendix A.
    (10) 59:010. New process operations: Section 3(1) (b) and (c).
    (11) 61:020. Existing process operations: Section 3(1)(b).
    (12) 61:170. Existing blast furnace casthouses: Necessity and 
function paragraph and section 2(3).
    (ii) Other material.
    (A) Letter of December 7, 1987, from the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (B) Letter of July 7, 1988, from the Kentucky Natural Resources and 
Environmental Protection Cabinet.
    (C) Letter of January 23, 1989, from the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (67) Operating permits for nine presses at the Alcan Foil Products 
facility located in Louisville were submitted to EPA on July 28, 1989 by 
the Commonwealth of Kentucky.
    (i) Incorporation by reference. (A) Alcan Foil Products operating 
permit numbers 103-74, 104-74, 105-74, 106-74, 110-74, and 111-74 which 
became State-effective on February 28, 1990.
    (ii) Other material.
    (A) Letter of July 28, 1989, from the Commonwealth of Kentucky 
Natural Resources and Environmental Protection Cabinet.
    (68) Revisions to the Commonwealth of Kentucky State Implementation 
Plan (SIP) concerning Jefferson County Volatile Organic Compounds were 
submitted on February 12, 1992 by the Kentucky Natural Resources and 
Environmental Protection Cabinet.
    (i) Incorporation by reference.
    (A) Revisions to the following Jefferson County Regulations were 
effective May 15, 1991.
    (1) Regulation 1.02 Definitions: (45), (61), (62), and (91).
    (2) Regulation 1.08 Administrative Procedures: Subsections 1.1.1, 
1.1.3, 2.2.7, 2.3, and 2.5, Section 3.0 closing paragraph, and 
Subsections 4.6, 8.1 and 8.4.
    (3) Regulation 6.12 Standard of Performance for Existing Asphalt 
Paving Operations: Sections 1.0 and 5.0.
    (4) Regulation 6.13 Standard of Performance for Existing Storage 
Vessels for Volatile Organic Compounds.
    (5) Regulation 6.16 Standard of Performance for Existing Large 
Appliance Surface Coating Operations.
    (6) Regulation 6.18 Standards of Performance for Existing Solvent 
Metal Cleaning Equipment.
    (7) Regulation 6.19 Standard of Performance for Existing Metal 
Furniture Surface Coating Operations.
    (8) Regulation 6.23 Standard of Performance for Existing Dry 
Cleaning Facilities: Section 1.0 and Subsection 4.3.
    (9) Regulation 6.29 Standard of Performance for Existing Graphic 
Arts Facilities Using Rotogravure and Flexography.
    (10) Regulation 6.30 Standard of Performance for Existing Factory 
Surface Coating Operations of Flat Wood Paneling.
    (11) Regulation 6.31 Standard of Performance for Existing 
Miscellaneous Metal Parts and Products Surface Coating Operations.
    (12) Regulation 6.32 Standard of Performance for Leaks from Existing 
Petroleum Refinery Equipment.
    (13) Regulation 6.33 Standard of Performance for Existing 
Synthesized Pharmaceutical Product Manufacturing Operations.
    (14) Regulation 6.34 Standard of Performance for Existing Pneumatic 
Rubber Tire Manufacturing Plants.
    (15) Regulation 6.35 Standard of Performance for Existing Fabric, 
Vinyl and Paper Surface Coating Operations.
    (16) Regulation 7.11 Standard of Performance for New Asphalt Paving 
Operations: Sections 1.0, 6.0, and 7.0.

[[Page 458]]

    (17) Regulation 7.12 Standard of Performance for New Storage Vessels 
for Volatile Organic Compounds: Section 1.0, Subsections 2.10, 5.3.2, 
5.3.3, and 5.4, and Section 8.0.
    (18) Regulation 7.16 Standard of Performance for New Large Appliance 
Surface Coating Operations: Section 1.0, Subsections 2.3, 4.2, 4.4, 5.3 
and 5.4, and Sections 6.0 and 7.0.
    (19) Regulation 7.18 Standards of Performance for New Solvent Metal 
Cleaning Equipment: Section 1.0 and Subsection 2.4.
    (20) Regulation 7.19 Standard of Performance for New Metal Furniture 
Surface Coating Operations: Section 1.0, Subsections 2.3, 4.3, 4.5.1, 
5.2, and Sections 6.0 and 7.0.
    (21) Regulation 7.23 Standard of Performance for New 
Perchloroethylene Dry Cleaning Facilities: Section 1.0 and Subsection 
4.5.
    (22) Regulation 7.52 Standard of Performance for New Fabric, Vinyl, 
and Paper Surface Coating Operations: Section 1.0, Subsections 2.3, 
2.12, 4.1, 4.3, 4.5.1, and 5.3, and Section 6.0.
    (23) Regulation 7.56 Standard of Performance for Leaks from New 
Petroleum Refinery Equipment: Subsection 2.4 and 2.6, and Section 7.0.
    (24) Regulation 7.57 Standard of Performance for New Graphic Arts 
Facilities Using Rotogravure and Flexography: Section 1.0, Subsections 
2.8, 4.2, 4.4.1, and 5.2, and Sections 6.0, 7.0, and 8.0.
    (25) Regulation 7.58 Standard of Performance for New Factory Surface 
Coating Operations of Flat Wood Paneling: Section 1.0, Subsection 2.5, 
4.4.1, and 5.4, and Section 6.0.
    (26) Regulation 7.59 Standard of Performance for New Miscellaneous 
Metal Parts and Products Surface Coating Operations: Section 1.0, 
Subsections 2.2, 2.4, 2.5, 2.8.7, 4.3, 4.5.1, 5.1.1, 5.1.2, 5.1.4, 5.2, 
and 5.4, and Sections 6.0 and 7.0.
    (27) Regulation 7.60 Standard of Performance for New Synthesized 
Pharmaceutical Product Manufacturing Operations: Section 1.0 and Section 
2.0.
    (28) Regulation 7.61 Standard of Performance for New Pneumatic 
Rubber Tire Manufacturing Plants: Section 1.0, Subsections 2.2, 2.3, 
2.4, 2.5, 2.6, and 2.7, and Section 3.0.
    (ii) Other material.
    (A) Letter dated February 12, 1992, from the Commonwealth of 
Kentucky Natural Resources and Environmental Protection Cabinet.
    (69) Revisions to the Commonwealth of Kentucky State Implementation 
Plan (SIP) concerning the Commonwealth and Jefferson County, Kentucky 
for Volatile Organic Compounds were submitted on October 20, 1992, 
February 17, 1993, and March 4, 1993, by the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (i) Incorporation by reference.
    (A) Revisions to the following Jefferson County Regulations were 
effective November 18, 1992.
    (1) Regulation 1.05. Compliance with Emission Standards and 
Maintenance Requirements.
    (2) Regulation 1.06. Source Self-Monitoring and Reporting.
    (3) Regulation 6.17. Standard of Performance for Existing Automobile 
and Truck Surface Coating Operations.
    (4) Regulation 6.36. Standard of Performance for Existing Metal 
Parts and Products Surface Coating Operations at Heavy Duty Truck 
Manufacturing Plants.
    (B) Revisions to the following Commonwealth of Kentucky Regulations 
were effective June 24, 1992.
    (1) Regulation 401 KAR 50:010. Definitions and abbreviations of 
terms used in Title 401, Chapters 50, 51, 53, 55, 57, 59, 61, 63, and 
65.
    (2) Regulation 401 KAR 50:012. General application.
    (3) Regulation 401 KAR 50:047. Test procedures for capture 
efficiency.
    (4) Regulation 401 KAR 51:001. Definitions and abbreviations of 
terms used in Title 401, Chapter 51.
    (5) Regulation 401 KAR 59:001. Definitions and abbreviations of 
terms used in Title 401, Chapter 59.
    (6) Regulation 401 KAR 59:185. New solvent metal cleaning equipment.
    (7) Regulation 401 KAR 59:190. New insulation of magnet wire 
operations.
    (8) Regulation 401 KAR 59:210. New fabric, vinyl and paper surface 
coating operations.
    (9) Regulation 401 KAR 59:212. New graphic arts facilities using 
rotogravure and flexography.

[[Page 459]]

    (10) Regulation 401 KAR 59:214. New factory surface coating 
operations of flat wood paneling.
    (11) Regulation 401 KAR 59:225. New miscellaneous metal parts and 
products surface coating operations.
    (12) Regulation 401 KAR 59:230. New synthesized pharmaceutical 
product manufacturing operations.
    (13) Regulation 401 KAR 59:240. New perchloroethylene dry cleaning 
systems.
    (14) Regulation 401 KAR 61:001. Definitions and abbreviations of 
terms used in Title 401, Chapter 61.
    (15) Regulation 401 KAR 61:050. Existing storage vessels for 
petroleum liquids.
    (16) Regulation 401 KAR 61:090. Existing automobile and light-duty 
truck surface coating operations.
    (17) Regulation 401 KAR 61:095. Existing solvent metal cleaning 
equipment.
    (18) Regulation 401 KAR 61:100. Existing insulation of magnet wire 
operations.
    (19) Regulation 401 KAR 61:105. Existing metal furniture surface 
coating operations.
    (20) Regulation 401 KAR 61:110. Existing large appliance surface 
coating operations.
    (21) Regulation 401 KAR 61:120. Existing fabric, vinyl and paper 
surface coating operations.
    (22) Regulation 401 KAR 61:124. Existing factory surface coating 
operations of flat wood paneling.
    (23) Regulation 401 KAR 61:125. Existing can surface coating 
operations.
    (24) Regulation 401 KAR 61:130. Existing coil surface coating 
operations.
    (25) Regulation 401 KAR 61:132. Existing miscellaneous metal parts 
and products surface coating operations.
    (26) Regulation 401 KAR 61:137. Leaks from existing petroleum 
refinery equipment.
    (27) Regulation 401 KAR 61:150. Existing synthesized pharmaceutical 
product manufacturing operations.
    (28) Regulation 401 KAR 61:155. Existing pneumatic rubber tire 
manufacturing plants.
    (29) Regulation 401 KAR 61:160. Existing perchloroethylene dry 
cleaning systems.
    (30) Regulation 401 KAR 61:175. Leaks from existing synthetic 
organic chemical and polymer manufacturing equipment.
    (31) Regulation 401 KAR 63:001. Definitions and abbreviations of 
terms used in Title 401, Chapter 63.
    (32) Regulation 401 KAR 63:025. Asphalt paving operations.
    (C) Kentucky Regulation 401 KAR 59:315, Specific New Sources, 
effective June 24, 1992.
    (D) Revisions to following Kentucky Regulations were effective 
February 8, 1993.
    (1) Regulation 401 KAR 51:010. Attainment Status Designations.
    (2) Regulation 401 KAR 59:175. New service stations.
    (3) Regulation 401 KAR 61:085. Existing service stations.
    (4) Regulation 401 KAR 63:031. Leaks from Gasoline Tanks.
    (ii) Other material. None.
    (70) The maintenance plan for the Owensboro and Edmonson County 
Areas which include Daviess, a portion of Hancock, and Edmonson Counties 
submitted by the Commonwealth of Kentucky Natural Resources and 
Environmental Protection Cabinet on November 13, 1992, November 24, 
1992, March 10, 1993, July 16, 1993, March 3, 1994, and August 29, 1994, 
as part of the Kentucky SIP. The 1990 Baseline Emission Inventory for 
the Owensboro and Edmonson County areas which include Daviess, a portion 
of Hancock, and Edmonson Counties.
    (i) Incorporation by reference.
    (A) Commonwealth of Kentucky Attainment Demonstration and Ten Year 
Maintenance Plan for All Areas Designated Marginal Nonattainment for 
Ozone. The effective date is December 28, 1992.
    (B) Attachment A--Demonstration of Permanent and Enforceable 
Reductions and Calculations of Interim Year Emission Projections. The 
effective date is August 26, 1994.
    (C) Attachment B--VOC Emissions Summary for Kentucky's Marginal 
Ozone Nonattainment Areas. The effective date is August 26, 1994.
    (D) Attachment C--CO Emissions Summary for Kentucky's Marginal Ozone 
Nonattainment Areas. The effective date is August 26, 1994.
    (E) Attachment D--NOX Emissions Summary for Kentucky's Marginal

[[Page 460]]

Ozone Nonattainment Areas. The effective date is August 26, 1994.
    (F) Table 6-12 Biogenic Emissions Hancock County, Kentucky. The 
effective date is December 28, 1992.
    (G) Table 6-11 Biogenic Emissions Daviess County, Kentucky. The 
effective date is December 28, 1992.
    (H) Table 6-1. Biogenic Emissions Edmonson County, Kentucky. The 
effective date is December 28, 1992.
    (ii) Other material.
    (A) February 28, 1994, letter from John E. Hornback, Director, 
Division for Air Quality to Mr. Doug Neeley, Chief, Air Programs Branch.
    (B) October 4, 1994, letter from Phillip J. Shepherd, Secretary, 
Natural Resources and Environmental Protection Cabinet to John H. 
Hankinson, Regional Administrator, USEPA Region IV.
    (71) The Commonwealth of Kentucky, Natural Resources and 
Environmental Protection Cabinet submitted revisions to the Kentucky 
State Implementation Plan on January 15, 1993 These revisions address 
the requirements of section 507 of title V of the CAA and establish the 
Small Business Stationary Source Technical and Environmental Assistance 
Program (PROGRAM).
    (i) Incorporation by reference.
    (A) Revision to the Kentucky State Implementation Plan to 
incorporate document titled ``Kentucky Small Business Stationary Source 
Technical Environmental Assistance Program'' which was approved by the 
Kentucky Natural Resources and Environmental Protection Cabinet 
effective on July 15, 1993.
    (ii) Additional Material. None.
    (72) Modifications to the existing basic I/M program in Jefferson 
County to implement an anti-tampering check, pressure testing of the 
evaporative control system, and testing of commuter vehicles submitted 
by the Commonwealth of Kentucky on November 12, 1993.
    (i) Incorporation by reference. Regulation 8.01 and 8.02, adopted on 
February 17, 1993, and Regulation 8.03 adopted on February 17, 1993.
    (ii) Other material. None.
    (73) The maintenance plan for the Paducah area which include 
Livingston and Marshall Counties submitted by the Commonwealth of 
Kentucky Natural Resources and Environmental Protection Cabinet on 
November 13, 1992, November 24, 1992, March 10, 1993, July 16, 1993, 
March 3, 1994, and August 29, 1994, as part of the Kentucky SIP. The 
1990 Baseline Emission Inventory for the Paducah area which include 
Livingston and Marshall Counties.
    (i) Incorporation by reference.
    (A) Commonwealth of Kentucky Attainment Demonstration and Ten Year 
Maintenance Plan for all areas designated Marginal Nonattainment for 
Ozone. The effective date is January 15, 1993.
    (B) Table 6-13 Biogenic Emissions, Livingston County, Kentucky. The 
effective date is January 15, 1993.
    (C) Table 6-14 Biogenic Emissions, Marshall County, Kentucky. The 
effective date is January 15, 1993.
    (ii) Other material.
    (A) January 15, 1993, letter from Phillip J. Shepherd, Secretary, 
Natural Resources and Environmental Protection Cabinet to Patrick Tobin, 
Acting Regional Administrator, U.S. EPA Region IV.
    (B) February 28, 1994, letter from John E. Hornback, Director, 
Division for Air Quality to Mr. Doug Neeley, Chief, Air Programs Branch.
    (C) October 4, 1994, letter from Phillip J. Shepherd, Secretary, 
Natural Resources and Environmental Protection Cabinet to John H. 
Hankinson, Regional Administrator, U.S. EPA Region IV.
    (74)-(75)  [Reserved]
    (76) The maintenance plan and for the Lexington area which include 
Fayette and Scott Counties submitted by the Commonwealth of Kentucky 
Natural Resources and Environmental Protection Cabinet on November 13, 
1992, November 24, 1992, March 10, 1993, July 16, 1993, March 3, 1994, 
and August 29, 1994, September 28, 1994 and June 14, 1995, as part of 
the Kentucky SIP. The 1990 Baseline Emission Inventory for the Lexington 
area which include Fayette and Scott Counties.
    (i) Incorporation by reference.
    (A) Commonwealth of Kentucky Attainment Demonstration and Ten Year 
Maintenance Plan for all areas designated Marginal Nonattainment for

[[Page 461]]

Ozone. The effective date is January 15, 1993.
    (B) Table 6-6 Biogenic Emissions Fayette County, Kentucky. The 
effective date is January 15, 1993.
    (C) Table 6-7 Biogenic Emissions, Scott, Kentucky. The effective 
date is January 15, 1993.
    (ii) Other material.
    (A) February 28, 1994, letter from John E. Hornback, Director, 
Division for Air Quality to Mr. Doug Neeley, Chief, Air Programs Branch.
    (B) October 4, 1994, letter from Phillip J. Shepherd, Secretary, 
Natural Resources and Environmental Protection Cabinet to John H. 
Hankinson, Regional Administrator, U.S. EPA Region 4.
    (C) January 15, 1993, letter from Phillip J. Shepherd, Secretary, 
Natural Resources and Environmental Protection Cabinet to Patrick M. 
Tobin, Acting Regional Administrator, U.S. EPA Region 4.
    (77) Revisions to the Commonwealth of Kentucky State Implementation 
Plan (SIP) concerning emission statements were submitted on December 29, 
1994, by the Kentucky Natural Resources and Environmental Protection 
Cabinet.
    (i) Incorporation by reference.
    (A) Regulation 401 KAR 50:035 Permits. Section 1, Section 2(1) and 
Section 10. Regulation became effective September 28, 1994.
    (ii) None.
    (78) Operating Permit requiring VOC RACT for Calgon Corporation in 
the Kentucky portion of the Ashland/Huntington ozone nonattainment area, 
submitted November 11, 1994.
    (i) Incorporation by reference. Natural Resources and Environmental 
Protection Cabinet; Kentucky Department for Environmental Protection; 
Division for Air Quality; Permit 0-94-020; Calgon Carbon Corporation, 
effective on November 17, 1994.
    (ii) Other material. Letter of November 23, 1994, from the 
Commonwealth of Kentucky Natural Resources and Environmental Protection 
Cabinet.
    (79) Revisions to the Commonwealth of Kentucky State Implementation 
Plan (SIP) regarding the definition of volatile organic compound (VOC) 
submitted on January 27, 1995.
    (i) Incorporation by reference.
    (A) 401 KAR 50:010. Definitions and abbreviations of terms used in 
401 KAR Chapters 50, 51, 53, 55, 57, 59, 61, 63, and 65, effective April 
6, 1995.
    (B) 401 KAR 51:001. Definitions and abbreviations of terms used in 
401 KAR Chapter 51, effective April 6, 1995.
    (C) 401 KAR 59:001. Definitions and abbreviations of terms used in 
401 KAR Chapter 59, effective April 6, 1995.
    (D) 401 KAR 61:001. Definitions and abbreviations of terms used in 
401 KAR Chapter 61, effective April 6, 1995.
    (E) 401 KAR 63:001. Definitions and abbreviations of terms used in 
401 KAR Chapter 63, effective April 6, 1995.
    (F) 401 KAR 65:001. Definitions and abbreviations of terms used in 
401 KAR Chapter 65, effective April 6, 1995.
    (ii) Other material.
    (A) May 4, 1995, letter from Phillip J. Shepherd, Secretary, Natural 
Resources and Environmental Protection Cabinet to John H. Hankinson, 
Regional Administrator, U.S. EPA, Region IV.
    (80) The maintenance plan for the Ashland-Huntington area which 
includes Boyd and a portion of Greenup Counties was submitted by the 
Commonwealth of Kentucky Natural Resources and Environmental Protection 
Cabinet on November 13 and May 24, 1995, as part of the Kentucky SIP. 
The 1990 Baseline Emission Inventory for the Ashland-Huntington area 
which includes Boyd and a portion of Greenup Counties which was 
submitted on November 13, 1992.
    (i) Incorporation by reference.
    (A) Kentucky Natural Resources and Environmental Protection Cabinet 
Request to Redesignate the Huntington/Ashland Moderate Ozone 
Nonattainment Area, Maintenance Plan, effective May 24, 1995.
    (B) Appendix F Kentucky Projected Emissions Summary: VOC, CO, and 
NOX, effective May 24, 1995.
    (C) Table 6-1 Summary of Biogenic Emissions Huntington-Ashland MSA, 
effective May 24, 1995.
    (ii) Other material.
    (A) May 24, 1995, letter from Phillip J. Shepherd, Secretary, 
Natural Resources and Environmental Protection

[[Page 462]]

Cabinet to John H. Hankinson, Regional Administrator, USEPA Region 4.
    (81) Revisions to air permit rules submitted by the Kentucky Natural 
Resources and Environmental Protection Cabinet on December 29, 1994.
    (i) Incorporation by reference. Revised Rule 401 KAR 50:035, 
``Permits'', Sections 1 through 7, effective September 28, 1994.
    (ii) Other material. None.
    (82) Revision to the Kentucky State Implementation Plan; Regulation 
6.40 of the Air Pollution Control District of Jefferson County which was 
submitted to EPA on March 4, 1993.
    (i) Incorporation by reference.
    Regulation 6.40 Standards of Performance for Gasoline Transfer to 
Motor Vehicles (Stage II Vapor Recovery and Control) which were adopted 
on December 16, 1992.
    (ii) Other material. None.
    (83) Revisions to the Kentucky State Implementation Plan submitted 
by the Natural Resources and Environmental Protection Cabinet on June 
15, 1983.
    (i) Incorporation by reference.

    401 KAR 50:025 Classification of Counties, and 401 KAR 61:015 
Existing Indirect Heat Exchangers, effective June 1, 1983.

    (ii) Additional material. None.
    (84) Revisions to the Kentucky State Implementation Plan submitted 
by the Natural Resources and Environmental Protection Cabinet on 
December 29, 1994. The regulations being revised are 401 KAR 59:101 New 
Bulk Gasoline Plants and 401 KAR 61:056 Existing Bulk Gasoline Plants.
    (i) Incorporation by reference. Division for Air Quality regulations 
401 KAR 59:101 New bulk gasoline plants, and 401 KAR 61:056 Existing 
bulk gasoline plants, effective September 28, 1994.
    (ii) Additional material. None.

[37 FR 10868, Mar. 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.920, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Note:  At 61 FR 33676, June 28, 1996, Sec.  52.920 
was amended by adding paragraph (c)(84), effective Aug. 27, 1996.



Sec. 52.921  Classification of regions.

    The Kentucky 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)
----------------------------------------------------------------------------------------------------------------
Appalachian Intrastate...............................          II        III       III       III           III  
Bluegrass Intrastate.................................          II        III       III       III           III  
Evansville (Indiana)-Owensboro-Henderson (Kentucky)                                                             
 Interstate..........................................           I         II       III       III           III  
Huntington (West Virginia)-Ashland (Kentucky)-                                                                  
 Portsmouth-Ironton (Ohio) Interstate................           I        III       III       III           III  
Louisville Interstate................................           I          I       III       III             I  
Metropolitan Cincinnati Interstate...................           I         II       III       III             I  
North Central Kentucky Intrastate....................          II        III       III       III           III  
Paducah (Kentucky)-Cairo (Illinois) Interstate.......           I         II       III       III           III  
South Central Kentucky Intrastate....................         III        III       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10868, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]
Sec. 52.922  [Reserved]



Sec. 52.923  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Kentucky's plans for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds the plans satisfy all requirements of Part D, 
Title I, of the Clean Air Act as amended in 1977, except as noted below. 
In addition, continued satisfaction of the requirements of Part D for 
the ozone portion of the SIP depends on the adoption and submittal of 
RACT requirements by July 1, 1980 for the sources covered by CTGs

[[Page 463]]

issued between January 1978 and January 1979 and adoption and submittal 
by each subsequent January of additional RACT requirements for sources 
covered by CTGs issued by the previous January.
    (b) New Source review permits issued pursuant to Section 173 of the 
Clean Air Act will not be deemed valid by EPA unless the provisions of 
Section V of Appendix S of 40 CFR part 51 are met.

[45 FR 72157, Oct. 31, 1980]



Sec. 52.924  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met 
since K.R.S. 224.380 of the Air Pollution Control Law of the 
Commonwealth of Kentucky (June 18, 1970) does not provide for the 
release, under certain circumstances, of emission data to the public.
    (b) Delegation of Authority: Pursuant to section 114 of the Act, 
Kentucky requested a delegation of authority to enable it to collect, 
correlate, and release emission data to the public. The Administrator 
has determined that Kentucky is qualified to receive a delegation of the 
authority it requested. Accordingly, the Administrator delegates to 
Kentucky his authority under section 114(a) (1) and (2) and section 
114(c) of the Act, i.e., authority to collect, correlate, and release 
emission data to the public.

[37 FR 10868, May 31, 1972, as amended at 37 FR 15084, July 27, 1972; 51 
FR 40676, Nov. 7, 1986]



Sec. 52.925   General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the legal authority to provide for public availability of emission 
data is inadequate.

[39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.926  Attainment dates for national standards.

    The following table presents the latest dates by which the national 
standards are to be attained. The dates reflect the information 
presented in Kentucky's plan, except where noted.

----------------------------------------------------------------------------------------------------------------
                                                                      Pollutant                                 
                                    ----------------------------------------------------------------------------
     Air quality control region       Particulate matter       Sulfur oxides                                    
                                    --------------------------------------------  Nitrogen    Carbon     Ozone  
                                      Primary   Secondary   Primary   Secondary   dioxide    monoxide           
----------------------------------------------------------------------------------------------------------------
Appalachian Intrastate:                                                                                         
  a. Bell County...................          g          h          b          b          b          b          b
  b. Perry County..................          g          h          b          b          b          b          b
  c. Whitley County................          g          h          b          b          b          b          b
  d. Rest of AQCR..................          c          c          b          b          b          b          b
Bluegrass Intrastate:                                                                                           
  a. Fayette County................          a          c          b          b          b          b          g
  b. Madison County................          g          h          b          b          b          b          b
  c. Rest of AQCR..................          a          c          b          b          b          b          b
Evansville (Indiana)-Ownsboro-                                                                                  
 Henderson (Kentucky) Interstate:                                                                               
  a. Daviess County................          g          i          g          g          b          b          b
  b. Henderson County..............          g          i          a          e          b          b          g
  c. Webster County................          c          c          g          g          b          b          b
  d. Rest of AQCR..................          c          c          a          e          b          b          b
Huntington (West Virginia)-Ashland                                                                              
 (Kentucky)-Portsmouth-Ironton                                                                                  
 (Ohio) Interstate:                                                                                             
  a. Boyd County...................          g          i          g          b          b          b          g
  b. Lawrence County...............          g          h          b          b          b          b          b
  c. Rest of AQCR..................          c          c          b          b          b          b          b
Louisville Interstate..............          g          i          j          j          b          h          h
Metropolitan Cincinnati Interstate:                                                                             
  a. Boone County..................          c          c          a          d          b          d          h
  b. Campbell County...............          g          h          a          d          b          d          h
  c. Kenton County.................          c          c          a          d          b          d          h
  d. Rest of AQCR..................          c          c          a          d          b          d          c
North Central Kentucky Intrastate:                                                                              
  a. Bullitt County................          g          h          b          b          b          b          b
  b. Rest of AQCR..................          a          c          b          b          b          b          b

[[Page 464]]

                                                                                                                
Paducah (Kentucky) Cairo (Illinois)                                                                             
 Interstate:                                                                                                    
  a. McCracken County..............          g          h          g          f          b          b          b
  b. Marshall County...............          c          g          a          f          b          b          b
  c. Muhlenberg County.............          g          h          g          g          b          b          b
  d. Rest of AQCR..................          c          c          a          f          b          b          b
South Central Kentucky Intrastate..          b          b          b          b          b          b          b
----------------------------------------------------------------------------------------------------------------
See Sec.  81.318 of this chapter to identify the specific nonattainment area.                                   
                                                                                                                
Note: Dates or footnotes in italics are prescribed by the Administrator because the plan did not provide a      
  specific date or the dates provided were not acceptable. Sources subject to plan requirements and attainment  
  dates established under section 110(a)(2)(A) prior to the 1977 Clean Air Act Amendments remain obligated to   
  comply with those requirements by the earlier deadlines. The earlier attainment dates are set out at 40 CFR   
  52.926 (1979 edition).                                                                                        
                                                                                                                
a. Air quality levels presently below primary standards or area is unclassifiable.                              
b. Air quality levels presently below secondary standards or area is unclassifiable.                            
c. April 1975.                                                                                                  
d. July 1975.                                                                                                   
e. July 1977.                                                                                                   
f. July 1978.                                                                                                   
g. December 31, 1982.                                                                                           
h. December 31, 1987.                                                                                           
i. 18 month extension for plan submittal granted: attainment date not yet established.                          
j. January 1, 1985.                                                                                             

[45 FR 85002, Dec. 24, 1980]



Sec. 52.927  Compliance schedules.

    (a) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (b) Federal compliance schedules.
    (1) Except as provided in paragraph (b)(5) of this section, the 
owner or operator of any fuel-burning facility subject to the 
requirements of the Kentucky Air Pollution Control Regulations as they 
apply to sulfur dioxide sources, shall notify the Regional 
Administrator, by no later than November 3, 1975, of his intent to 
utilize either low-sulfur fuel or stack gas desulfurization to meet 
these requirements.
    (2) Any owner or operator of a stationary source subject to 
paragraph (b)(1) of this section who elects to utilize low-sulfur fuel 
shall be subject to the following compliance schedule:
    (i) December 1, 1975--Submit to the Regional Administrator a 
projection of the amount of fuel, by types, that will be substantially 
adequate to enable compliance with the applicable regulation on July 1, 
1977, and for at least one year thereafter, as well as a statement as to 
whether boiler modifications will be required. If so, final plans for 
such modifications must be submitted simultaneously.
    (ii) December 31, 1975--Sign contracts with fuel suppliers for 
projected fuel requirements as projected above.
    (iii) December 31, 1975--Let contracts for necessary boiler 
modifications, if applicable.
    (iv) January 30, 1976--Initiate onsite modifications, if applicable.
    (v) May 1, 1977--Complete onsite modifications, if applicable.
    (vi) July 1, 1977--Achieve compliance with the applicable 
regulations, and certify such compliance to the Regional Administrator.
    (3) Any owner or operator subject to paragraph (b)(1) of this 
section who elects to utilize stack gas desulfurization shall be subject 
to the following compliance schedule:
    (i) December 1, 1975--Submit to the Regional Administrator a final 
control plan, which describes at a minimum the steps which will be taken 
by the source to achieve compliance with the applicable regulations.
    (ii) December 31, 1975--Negotiate and sign all necessary contracts 
for emission control systems or process modifications, or issue orders 
for the purchase of component parts to accomplish emission control or 
process modifications.

[[Page 465]]

    (iii) January 30, 1976--Initiate onsite construction or installation 
of emission control equipment or process modification.
    (iv) May 1, 1977--Complete onsite construction or installation or 
emission control equipment or process modification.
    (v) July 1, 1977--Complete shakedown operations and performance 
tests for the applicable unit(s); achieve compliance with Kentucky 
Division of Air Pollution Regulation for sulfur dioxide sources and 
certify such compliance to the Regional Administrator. Ten days prior to 
any performance testing, notice must be given to the Regional 
Administrator to afford him the opportunity to have an observer present.
    (4) Five days after the deadline for completing increments in 
paragraphs (b)(2)(ii) through (b)(2)(v) and (b)(3)(ii) through 
(b)(3)(iv) of this section, certify to the Regional Administrator 
whether the increment has been met.
    (5) (i) None of the above paragraphs shall apply to a source which 
is presently in compliance with applicable regulations. The owner or 
operator of any fuel-burning facility with an aggregate heat input of 
more than 250 million BTU per hour which is presently in compliance, 
shall certify such compliance to the Regional Administrator by November 
3, 1975. The Regional Administrator may request whatever supporting 
information he considers necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Regional Administrator no later than 
December 1, 1975, a proposed alternative compliance schedule. No such 
compliance schedule may provide for final compliance after the final 
compliance date in the applicable compliance schedule of this paragraph. 
If approved by the Administrator, such schedule shall satisfy the 
requirements of this paragraph for the affected source.
    (6) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of a compliance schedule in this paragraph fails to satisfy the 
requirements of Secs. 51.261 and 51.262(a) of this chapter.

[38 FR 16145, June 20, 1973, as amended at 40 FR 3418, Jan. 22, 1975; 40 
FR 14071, Mar. 28, 1975; 40 FR 29541, July 14, 1975; 40 FR 40160, Sept. 
2, 1975; 51 FR 40675, 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 
1989]



Sec. 52.928  Control strategy: Sulfur oxides.

    The revised SO2 emission limit for large coal-fired boilers in 
Bell, Clark, and Woodford Counties, submitted on June 29, 1979, is 
disapproved since it does not provide for attainment and maintenance of 
all SO2 NAAQS. The limit approved by EPA on May 10, 1976 (41 FR 
19105), remains the limit applicable to these sources.

[49 FR 11091, Mar. 23, 1984]

Sec. 52.929  [Reserved]



Sec. 52.930  Control strategy: Ozone.

    (a) The VOC bubble for Alcan Foil Products in Louisville submitted 
as a SIP revision on March 3, 1986, is disapproved. The source must 
continue to meet all the requirements of Jefferson County Regulation 
6.29.
    (b) Part D--disapproval--(1) Campbell and Kenton Counties 
nonattainment area. The 1979 SIP revisions for these two counties are 
disapproved because the Commonwealth failed to submit evidence of legal 
authority to implement a vehicle inspection and maintenance program as 
required under section 172(b)(11)(B) of the Clean Air Act. No major new 
or modified sources of volatile organic compounds can be built in these 
two counties by virtue of the provisions of section 110(a)(2)(l) of the 
Clean Air Act.
    (2) Northern Kentucky (Boone, Campbell and Kenton Counties) ozone 
nonattainment area. The demonstration of attainment of the ozone 
standards by the end of 1982, submitted as part of Kentucky's ozone SIP 
revision on June 23, 1982, (draft), September 27, 1982, and November 3, 
1982, is disapproved. As a result, the extension of the attainment 
deadline until December 31, 1987, remains in effect, along with the 
related

[[Page 466]]

requirement to submit a SIP revision addressing all requirements of Part 
D extension areas.

[46 FR 58082, Nov. 30, 1981, as amended at 48 FR 13169, Mar. 30, 1983; 
51 FR 10210, Mar. 25, 1986; 54 FR 10983, Mar. 16, 1989; 60 FR 32469, 
June 22, 1995; 60 FR 40101, Aug. 7, 1995]



Sec. 52.931  Significant deterioration of air quality.

    (a) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 (b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of Kentucky only as they apply to permits issued pursuant to Sec. 52.21 
prior to final approval of Kentucky's Regulation for Prevention of 
Significant Deterioration (PSD), Visibility Monitoring, and Visibility 
New Source Review in Attainment Areas. The provisions of Sec. 52.21 (b) 
through (w) are rescinded for permits issued after final approval of 
Kentucky's Regulation for Prevention of Significant Deterioration (PSD), 
Visibility Monitoring, and Visibility New Source Review in Attainment 
Areas.
    (b) The Commonwealth of Kentucky has committed to revising the 
state's regulations accordingly when EPA amends the federal vessel 
emissions provisions contained in 40 CFR 51.166. In a letter dated 
October 17, 1986, Kentucky stated:

    As requested, the Division of Air Pollution Control hereby commits 
to changing the definition of ``building, structure, facility, or 
installation,'' and any other applicable definitions, when the issue of 
vessel emissions is resolved at the federal level, and after the federal 
regulation, 40 CFR 51.24, is amended.

    (c) In a letter dated May 3, 1988, EPA informed Kentucky that the 
following caveat must be included in all potentially affected permits 
due to a decision of the U.S. Court of Appeals for the District of 
Columbia Circuit (NRDC v. Thomas, 838 F.2d 1224):

    In approving this permit, the Kentucky Division for Air Quality has 
determined that the application complies with the applicable provisions 
of the stack height regulations as revised by the EPA on July 8, 1985 
(50 FR 27892). Portions of the regulations have been remanded by a panel 
of the U.S. Court of Appeals for the D.C. Circuit in NRDC v. Thomas, 838 
F.2d 1224 (D.C. Cir. 1988). Consequently, this permit may be subject to 
modification if and when the EPA revises the regulation in response to 
the court decision. This may result in revised emission limitations or 
may affect other actions taken by the source owners or operators.

    Kentucky responded with a letter dated May 11, 1988, stating in 
part:

    This is in response to your letter dated May 3, 1988 * * *. As 
requested by your letter, the Kentucky Division for Air Quality agrees 
to include the condition set forth in your letter, in all potentially 
affected permits issued under regulation 401 KAR 51:017 or 401 KAR 
51:052. Therefore, we request that you consider this letter as our 
commitment that the required caveat will be included in all potentially 
affected permits * * *.

[54 FR 36311, Sept. 1, 1989]



Sec. 52.932  Rules and regulations.

    (a) The last sentence of section 3(1) of Kentucky regulation 401 KAR 
3:050, which specifies that a new fossil fuel fired steam electric 
generator's allowable SO2 emissions may be calculated by averaging 
SO2 emissions from existing units of this type and from new ones, 
is disapproved since it contravenes subpart D of 40 CFR part 60, New 
Source Performance Standards.
    (b) Section 8(2)(a) of regulation 401 KAR 61:015 is disapproved in 
that it allows the Tennessee Valley Authority's Shawnee power plant 
until October 1, 1981, to achieve compliance with emissions limits which 
are not made more stringent by the 1979 Part D revisions, and which the 
source was previously required to meet by July 1, 1977.
    (c) Section 8(2)(d) of regulation 401 KAR 61:015 is disapproved in 
that it allows sources until December 31, 1982, to achieve compliance 
with emission limits which are not made more stringent by the 1979 Part 
D revisions, and which the sources were previously required to meet 
prior to 1979.

[41 FR 19106, May 10, 1976, as amended at 46 FR 40188, Aug. 7, 1981]



Sec. 52.933  Control Strategy: Sulfur oxides and particulate matter.

    In a letter dated March 27, 1987, the Kentucky Department for 
Natural Resources and Environmental Protection certified that no 
emission limits in the State's plan are based on dispersion techniques 
not permitted by EPA's

[[Page 467]]

stack height rules. This certification does not apply to: Big Rivers-
Green 1 & 2, Kentucky Utilities-Ghent 3 & 4, and Ashland Oil, Inc.-
Catlettsburg.

[54 FR 23478, June 1, 1989]



Sec. 52.934  VOC rule deficiency correction.

    (a) Sections 1.02, 1.08, 6.12, 6.13, 6.16, 6.18, 6.19, 6.23, 6.29, 
6.30, 6.31, 6.32, 6.33, 6.34, 6.35, 7.11, 7.12, 7.16, 7.18, 7.19, 7.23, 
7.52, 7.56, 7.57, 7.58, 7.59, 7.60 and 7.61 of the Jefferson County 
portion of the Commonwealth of Kentucky SIP are being approved. The 
Commonwealth submitted these regulations to EPA for approval on February 
12, 1992. These sections were intended to correct deficiencies cited in 
a letter calling for the Commonwealth to revise its SIP for ozone from 
Greer C. Tidwell, the EPA Regional Administrator, to Governor Wallace G. 
Wilkinson on May 26, 1988, and clarified in a letter from Winston A. 
Smith, Air, Pesticides & Toxics Management Division Director, to William 
C. Eddins, Director of the Commonwealth of Kentucky Division for Air 
Quality.
    (b) Sections 1.05, 1.06, 6.17, 6.36, 6.37, and 6.40 of the Jefferson 
County portion of the Commonwealth of Kentucky SIP are being approved. 
The Commonwealth submitted these regulations to EPA for approval on 
March 4, 1993. These sections were intended to correct deficiencies 
cited in a letter calling for the Commonwealth to revise its SIP for 
ozone from Greer C. Tidwell, the EPA Regional Administrator, to Governor 
Wallace G. Wilkinson on May 26, 1988, and clarified in a letter from 
Winston A. Smith, Air, Pesticides & Toxics Management Division Director, 
to William C. Eddins, Director of the Commonwealth of Kentucky Division 
for Air Quality.
    (c) Deficiencies in 1.12 Emissions Trading, however, have not been 
corrected. The above deficiencies must be corrected according to the 
letters mentioned above, the proposed post-1987 ozone policy (52 FR 
45044), and other EPA guideline relating to the deficiencies before the 
SIP for ozone can be fully approved.

[59 FR 32352, June 23, 1994]



Sec. 52.935  PM10 State implementation plan development in group II areas.

    On July 7, 1988, the State submitted a committal SIP for the cities 
of Ashland and Catlettsburg in Boyd County. The committal SIP contains 
all the requirements identified in the July 1, 1987, promulgation of the 
SIP requirements for PM10 at 52 FR 24681. The SIP commits the State 
to submit an emissions inventory, continue to monitor for PM10, 
report data and to submit a full SIP if a violation of the PM10 
National Ambient Air Quality Standards is detected.

[55 FR 4172, Feb. 7, 1990]



Sec. 52.936  Visibility protection.

    (a) The requirements of Section 169A of the Clean Air Act are not 
met because the plan does not include approvable procedures meeting the 
requirements of 40 CFR 51.307 (b) and (c) for protection of visibility 
in mandatory Class I Federal areas from sources in nonattainment areas.
    (b) Regulations for visibility monitoring and new source review. The 
provisions of Sec. 52.28 are hereby incorporated and made part of the 
applicable plan for the State of Kentucky.

[54 FR 36311, Sept. 1, 1989]



Sec. 52.937  Review of new sources and modifications.

    (a) Approval--EPA is approving the section 182(f) oxides of nitrogen 
(NOX) reasonably available control technology (RACT) exemption 
request submitted by the Kentucky Department for Environmental 
Protection on August 16, 1994, for the Kentucky portion of the 
Huntington-Ashland ozone (O3) moderate nonattainment area. This 
approval exempts this area from implementing NOX RACT on major 
sources of NOX. If a violation of the O3 NAAQS occurs in the 
area, the exemption from the requirement of section 182(f) of the CAA in 
the applicable area shall not apply.
    (b) [Reserved]

[60 FR 21717, May 3, 1995]

[[Page 468]]



                          Subpart T--Louisiana



Sec. 52.970  Identification of plan.

    (a) Title of plan: ``The Louisiana Air Control Commission 
Implementation Plan.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Certification that public hearings were held on the State's 
implementation plan was submitted on February 28, 1972. (Non-regulatory)
    (2) Response to comments by Region VI on the plan was transmitted by 
the Louisiana Air Control Commission on May 8, 1972. (Non-regulatory)
    (3) Revisions to Louisiana Air Control Regulations 6, 8, 18, 19, 22, 
A22, 27, 28, control strategy for photochemical oxidants-hydrocarbons, 
prevention of air pollution emergency episodes, source surveillance, and 
procedures for submission and approval and compliance schedules were 
submitted by the Governor on July 17, 1972.
    (4) Revisions concerning the control strategy for photochemical 
oxidants and hydrocarbon for Region 106 was submitted by the Governor on 
March 30, 1973. (Regulatory)
    (5) Revision of Section 6.1 of the State air control regulations was 
submitted by the Governor on April 25, 1973.
    (6) A revision concerning the control strategy for particulate 
matter for the Southern Louisiana-Southeast Texas AQCR was submitted by 
the Governor on January 2, 1973.
    (7) Variances to Emission Limiting Regulations adopted by the 
Louisiana Air Control Commission on October 29, 1975, December 12, 1975, 
and April 6, 1976, and submitted by the Governor on April 22, 1976.
    (8) Commission Orders creditable as emission offsets for the GM 
Plant in Shreveport were submitted by the Governor on January 25, 1978 
as amendments to the Louisiana State Implementation Plan.
    (9) A proposed dedesignation of the Shreveport area as an AQMA for 
particulate matter was submitted by the Governor on December 9, 1977.
    (10) An administrative revision of the Air Quality Surveillance 
Network was submitted by the Louisiana Air Control Commission on April 
3, 1978. (Non regulatory)
    (11) Revisions to Regulation 19.0, Emission Standards for 
Particulate Matter, as adopted on November 30, 1977, were submitted by 
the Governor on December 9, 1977.
    (12) Minor changes and administrative revisions to regulations 2.0, 
3.0, 4.0, 5.0, 6.0, 7.0, 8.0, 9.0, 10.0, 11.0, 12.0, 13.0, 14.0, 15.0, 
16.0, and 17.0 of the Louisiana SIP were submitted by the Governor on 
December 9, 1977.
    (13) A variance to Regulation 19.5 for Kaiser Aluminum & Chemical 
Corporation at Norco, Louisiana was submitted by the Governor on August 
31, 1978.
    (14) Revisions to the Air Control Regulations 18.1, 18.3, 18.5, 
18.6-18.6.2, 18.7, 20.1-20.8, 21.1-21.6.4, 23.0-23.4.2, 24.1-24.5, 
24.6.2, 24.7-24.7.3, 24.8, 25.0-25.6.2, 26.0-26.2, 26.4-26.8.2, 27.0-
27.5.4, 28.0-28.6.2 and 30.0, as adopted by the Louisiana Air Control 
Commission on November 30, 1977, were submitted by the Governor on 
December 9, 1977.
    (15) Revisions to the plan for attainment of standards for ozone 
(Part D requirements) were submitted by the Governor on April 30, 1979.
    (16) Evidence of notice and public hearing for the April 30, 1979 
plan was submitted by the Governor on June 20, 1979.
    (17) Emission inventory information, emission reduction information, 
a certification of the lack of major degreasing sources, and a 
commitment to adopt future regulations were submitted by the Louisiana 
Air Control Commission on August 28, 1979 (non-regulatory).
    (18) Schedule for the modification and submittal of regulations 22.6 
and regulation 6.3.8 were submitted by the Louisiana Air Control 
Commission on October 11, 1979 (non-regulatory).
    (19) Regulations 22.17 and 22.18, adopted by the Louisiana Air 
Control Commission on September 25, 1979 were submitted by the Governor 
on October 18, 1979.
    (20) On January 10, 1980, the Governor submitted final revisions to 
the ambient monitoring portion of the plan.
    (21) Revised Regulation 22.8(c) was submitted by the Governor on 
June 20, 1979. This regulation was adopted by

[[Page 469]]

the Louisiana Air Control Commission on March 27, 1979.
    (22) Revised Regulation 22.5 was submitted by the Governor on April 
30, 1979. This regulation was adopted by the Louisiana Air Control 
Commission on March 27, 1979. A second revision to Regulation 22.5 was 
submitted by the Governor on July 7, 1979, as adopted by the Louisiana 
Air Control Commission on June 26, 1979.
    (23) Revised Regulations 6.3.8, 22.3, 22.6.1, 22.6.2, 22.10, and 
22.12.4 were submitted by the Governor on December 10, 1979. These 
regulations were adopted by the Louisiana Air Control Commission on 
November 27, 1979. A second revision to Regulation 6.3.8 was submitted 
by the Governor on October 23, 1980. The second revision was adopted by 
the Louisiana Air Control Commission on September 25, 1980.
    (24) Revisions to the Air Control Regulations 24.6.1 and 24.7.4, as 
adopted by the Louisiana Environmental Control Commission on March 27, 
1979, were submitted by the Governor on April 30, 1979.
    (25) Revised Regulations 22.9.2, 22.9.3(b), 22.19, 22.20, 22.21, 
22.22 and 22.23 and revised Regulation 4.0 (i.e. sections 4.99 through 
4.116) were adopted by the State on November 27, 1979 and submitted by 
the Governor on December 10, 1979; and revised Regulations 22.3 and 
22.20.2 were adopted by the State on July 22, 1980 and submitted by the 
Governor on September 12, 1980.
    (26) Revised Regulations 22.9.3(b), 22.20.3, and 22.23.7 were 
adopted by the State on December 11, 1980 and submitted by the Governor 
on January 12, 1981; revised Regulation 22.21.2(E) was adopted by the 
State on April 23, 1981 and submitted by the Governor on June 3, 1981; 
and, revised Regulation 22.19.2(B) was adopted by the State on June 25, 
1981 and submitted by the Governor on July 22, 1981.
    (27) Revisions to the Air Control Regulations 6.1.1, 18.2, 18.4, 
18.6.3, 19.5.1, 24.9.1, 24.9.2, 26.3.1, 26.3.2 and 51.11, as adopted by 
the Louisiana Environmental Control Commission on September 25, 1980, 
were submitted by the Governor on October 23, 1980.
    (28) Revisions to the plan for permit fee systems, interstate 
pollution abatement, public availability of emission data, maintenance 
of pay, permit public comment, and public notification of exceedances of 
the primary national ambient air quality standards (NAAQS), were 
submitted by the Governor on April 30, 1979. In addition, revised 
submittals for permit fee schedules were submitted on July 7, 1979; 
September 12, 1980; October 23, 1980; and January 12, 1981. The 
September 12, 1980 letter also included a new Sec. 51.285 (a), (b) and 
(c). Finally, the State sent a notification letter on August 7, 1979, 
which corrected a typographical error in the maintenance of pay 
revision.
    (29) A revision to the Air Control Regulations 22.9.3(d) as adopted 
by the Louisiana Air Control Commission on December 11, 1980, was 
submitted by the Governor on January 12, 1981.
    (30) Revisions to the Air Control Regulations 8.5.1, 22.3.1.1, 
22.3.1.2, and 22.10, as adopted by the Louisiana Air Control Commission 
on April 23, 1981, were submitted by the Governor on June 3, 1981.
    (31) A revision to the Air Control Regulation 22.9.3(a), as adopted 
by the Louisiana Air Control Commission on May 28, 1981, was submitted 
by the Governor on June 3, 1981.
    (32) A revision to the Air Control Regulation 22.3.2, as adopted by 
the Louisiana Air Control Commission on July 23, 1981, was submitted by 
the Governor on August 17, 1981.
    (33) The Louisiana State Implementation Plan for lead and 
Regulations for--the Control of Air Pollution from lead, 10.0--10.3 and 
19A.0, were submitted to EPA on July 27, 1979, by the Governor of 
Louisiana as adopted by the Louisiana Air Control Commission on July 24, 
1979. Letters of Clarification dated January 6, 1982, April 1, 1982 and 
May 4, 1982 also were submitted. No action is taken on the Baton Rouge 
area.
    (34) Section 6.1 of Regulation 6.0 amended and adopted by the 
Louisiana Environmental Control Commission on October 22, 1981, was 
submitted by the Governor on November 30, 1981.
    (35) Revisions to the Air Control Regulations 4.102, 4.110, 22.20.2 
and 22.21.2(D), as adopted by the Louisiana Environmental Control 
Commission on December 11, 1980, were submitted by the Governor on 
January 12, 1981.
    (36) [Reserved]

[[Page 470]]

    (37) Revisions to the Air Control Regulations 4.14, 4.36, 6.6, 
22.3.1.1, and 22.3.1.2, as adopted by the Louisiana Environmental 
Control Commission on February 26, 1981, were submitted by the Governor 
on March 25, 1981.
    (38) Revisions to the Air Control Regulations 17.13, 23.4.1.1 and 
23.4.4, as adopted by the Louisiana Environmental Control Commission on 
January 28, 1982, were submitted by the Governor on February 15, 1982.
    (39) A revision to section 2210 of the Louisiana Air Control Law was 
submitted to EPA on March 10, 1982. The Section was renamed Section 1077 
of the Environmental Affairs Act, by the Louisiana Legislature, and was 
effective January 1, 1980.
    (40) The Louisiana State Implementation Plan for lead for the Baton 
Rouge area was submitted on July 27, 1979, with letters of clarification 
and revisions dated January 4, 1983, September 15, 1983, September 30, 
1983. The final lead control plan was submitted in a letter dated 
October 31, 1983, as adopted by the Louisiana Air Control Commission on 
October 20, 1983.
    (41) Revisions to sections 2.3, 3.1, 3.4, and 4.1 of the Rules and 
Regulations for the Fee System of the Air Quality Control Program, as 
adopted by the Louisiana Environmental Control Commission on January 26, 
1983, were submitted by the Louisiana Department of Natural Resources 
(now the Department of Environmental Quality), Air Quality Division, on 
November 17, 1983.
    (42) Deletion of Air Control Regulation 14.0, and deletion of 
hydrocarbon guideline standard from Table 1, 1a, and 2, as adopted by 
the Louisiana Environmental Control Commission on July 28, 1983, was 
submitted by the Governor on October 19, 1983.
    (43) Revisions to the Air Control Regulation 22.22 as adopted by the 
Louisiana Environmental Control Commission on September 23, 1982, and 
submitted by the Governor on July 14, 1983.
    (i) Incorporation by reference.
    (A) Regulation 22.22.1(A) and 22.22.2(A) Letter dated July 14, 1983, 
from the State of Louisiana and which change the reference for the test 
methods from a CTG document to the Louisiana Air Quality Regulations 
Division's Source Test Manual. These regulations were adopted on 
September 23, 1982.
    (44) On October 4, 1985, the Governor submitted a revision entitled, 
``Protection of Visibility for Mandatory Class I Federal Areas,'' July 
12, 1985. This submittal included new source review and visibility 
monitoring strategy as adopted by the Secretary of the Louisiana 
Department of Environmental Quality in October 1985.
    (45) On August 14, 1985, the Governor of Louisiana submitted a 
Prevention of Significant Deterioration (PSD) Plan including Air Quality 
Regulations--Part V, (sections 90.1-90.19) as adopted by the Secretary 
of the Department of Environmental Quality on May 23, 1985. Air Quality 
Regulations--Part V provides authority for the State to implement the 
PSD program in certain areas of the State. Letters of commitment for air 
quality modeling (dated September 30, 1985) and Federal stack height and 
dispersion technique regulation (dated June 3, 1986) were submitted by 
the Secretary of Louisiana Department of Environmental Quality.
    (i) Incorporation by reference.
    (A) Louisiana Air Quality Regulations--Part V, Prevention of 
Significant Deterioration of Air Quality, except that no provision of 
this part applies to Indian Reservations meaning any Federally 
recognized reservation established by Treaty, Agreement,Executive Order, 
or Act of Congress, as adopted on May 23, 1985.
    (B) A letter from the Secretary of Louisiana Department of 
Environmental Quality dated September 30, 1985, which commits the 
Department to use only the EPA approved air quality models in accordance 
with the provisions of 40 CFR 51.24(1) [now 40 CFR 51.166(1)] and to 
submit a stack height and dispersion techniques SIP revision by April 8, 
1986.
    (C) A letter from the Secretary of Louisiana Department of 
Environmental Quality dated June 3, 1986, which certifies that the 
Department interprets the provisions of section 90.8 of Louisiana PSD 
regulations as having the same meaning as the Federal stack height and 
dispersion technique regulation, 40 CFR 51.1(hh)-(kk) [now 40 CFR 
51.100(hh)-(kk)], promulgated by EPA in the Federal Register of July 8,

[[Page 471]]

1985, and that the State will apply, implement, and enforce these 
requirements in the PSD permitting process.
    (D) A narrative explanation and additional requirements entitled 
``Prevention of Significant Deterioration Revisions to the Louisiana 
State Implementation Plan''.
    (46) On January 6, 1988, the Governor of Louisiana submitted a 
revision to the State Implementation Plan (SIP) that contained Air 
Quality Regulations, LAC 33: Part III, Section 921, Stack Heights, as 
adopted by the Secretary of the Department of Environmental Quality on 
December 20, 1987. Section 921, Stack Heights, enables the State to 
ensure that the degree of emission limitation required for the control 
of any air pollutant under its SIP is not affected by that portion of 
any stack height which exceeds GEP or by any other dispersion technique.
    (i) Incorporation by reference.
    (A) Louisiana Air Quality Regulations--LAC 33: Part III, Section 
921, Stack Heights, as adopted by the Secretary of the Department of 
Environmental Quality on December 20, 1987.
    (ii) Other material--none.
    (47) A revision exempting four rural carbon black plants--Ashland 
Chemical, Louisa, LA; Cabot Corporation, Centerville, LA; Cabot 
Corporation, Ville Platte, LA; and Columbian Chemicals, Franklin, LA--
from further controls on acetylene emissions as required under Louisiana 
Air Quality Regulation 22.8 received from the Governor on January 12, 
1987, and amended May 13, 1987.
    (i) Incorporation by reference.
    (A) A letter dated May 29, 1987, from Martha Madden, Secretary, 
Louisiana Department of Environmental Quality, to the Governor of 
Louisiana approving the exemptions from further controls on acetylene 
emissions for the four rural carbon black plants and ordering each 
facility to maintain its emissions at or below the levels specified in 
the attached summary of emissions.
    (ii) Additional material.
    (A) A summary of VOC emissions for each of the four rural carbon 
black plants exempted from further controls on acetylene emissions under 
Louisiana Air Quality Regulation 22.8.
    (48) Part II of the Visibility Protection Plan was submitted by the 
Governor on October 26, 1987.
    (i) Incorporation by reference.
    (A) Revision entitled, ``Louisiana State Implementation Plan 
Revision: Protection of Visibility: Proposed Part II Long-Term Strategy, 
October 26, 1987''. This submittal includes a visibility long-term 
strategy and general plan provisions as approved and adopted by the 
Secretary of the Louisiana Department of Environmental Quality on 
October 26, 1987.
    (B) Letter dated October 26, 1987, from Secretary of Louisiana 
Department of Environmental Quality (LDEQ), to the Governor approving 
the SIP revision.
    (ii) Additional material.
    (A) Letter dated June 16, 1988, from Administrator, Air Quality 
Division, LDEQ, to Chief, SIP/New Source Section (6T-AN), EPA Region 6, 
committing to make its three-year periodic review report available to 
the public as well as to EPA.
    (49) The recodified and revised regulations of the Louisiana 
Administrative Code, Title 33, Part 3 (LAC:33:III) that were adopted by 
the State effective December 20, 1987, and submitted by the Governor by 
letters dated January 6, 1988, and October 4, 1988, for inclusion in the 
SIP. These regulations include LAC:33:III: Chapters 1, 5, 7, 9, 11, 13, 
15, 17, 23, 56, 60, 63, and 65, except LAC:33:III:111 ``Particulate 
matter,'' and ``Suspended particulate matter,'' LAC:33:III:505.J, and 
LAC:33:III:505.L, which were previously disapproved, and 
LAC:33:III:6099, which was withdrawn by the Governor.
    (i) Incorporation by reference. (A) Louisiana Administrative Code, 
Title 33, Part 3, Chapters 1, 5, 7, 9, 11, 13, 15, 17, 23, 56, 60, 63, 
and 65 as adopted by Louisiana Department of Environmental Quality on 
December 20, 1987, except LAC:33:III: section 111 ``Particulate 
matter,'' ``Suspended particulate matter,'' section 505.J, section 
505.L, and section 6099.
    (ii) Additional material. (A) A letter dated December 16, 1987, from 
Martha Madden, Secretary of the Louisiana Department of Environmental 
Quality,

[[Page 472]]

to the Governor of Louisiana, approving the codified air quality 
regulations effective December 20, 1987.
    (50) The Louisiana State Implementation Plan for PM10 as 
submitted by the Governor in a letter dated July 26, 1988, and adopted 
by the State effective June 20, 1988.
    (i) Incorporation by reference. (A) Revisions to the Louisiana 
Administrative Code, Title 33, Chapter III, Sections 111, 509.B, 
509.I.8.a, 709, 1301.B, 1303.A, 1305.A., 1311.B, 1311.C, 1313.C, 1315, 
1319.G, 5609.A.1, 5609.A.2, 5609.A.3, and Tables 1, 1a, and 2 of chapter 
7 as adopted effective June 20, 1988.
    (B) A letter dated May 22, 1989, from Mike D. McDaniel, Louisiana 
Department of Environmental Quality, to William B. Hathaway, U.S. 
Environmental Protection Agency.
    (ii) Additional material.
    (A) A letter dated July 26, 1988, from Paul H. Templet, Secretary, 
Louisiana Department of Environmental Quality, to the Governor of 
Louisiana approving the adoption of amendments to the Louisiana Air 
Quality Regulations to implement the new PM10 standard effective 
June 20, 1988.
    (B) A narrative supplement to the Louisiana PM10 submitted by 
the Governor in a letter dated July 26, 1988.
    (51) Revision to the Louisiana Lead State Implementation Plan (SIP) 
submitted by the Governor in a letter dated July 18, 1986.
    (i) Incorporation by reference.
    (A) An amended Compliance Order dated January 31, 1986, issued by 
the Secretary of the State of Louisiana Department of Environmental 
Quality in the matter of Ethyl Corporation, Baton Rouge, Louisiana.
    (ii) Additional material.
    (A) Computer modeling submitted by letter dated May 27, 1988, from 
Doug Walters, Louisiana Department of Environmental Quality, to Joe 
Winkler, U.S. Environmental Protection Agency.
    (B) Explanatory letter dated January 27, 1989, from Gustave Von 
Bodungen, Louisiana Department of Environmental Quality, to Gerald 
Fontenot, U.S. Environmental Protection Agency.
    (52) On October 31, 1983, the Governor submitted a request to revise 
the Louisiana SIP to include an Alternative Emission Reduction Plan for 
the Vulcan Materials Company facility located at Geismar, Ascension 
Parish. A permit was issued by LDEQ on March 24, 1983 (#1829T), but 
after several revisions, the final permit for the trade is #1829T (M-2), 
issued July 28, 1989. This Bubble uses credits obtained from 
installation of a vapor recovery system on a tank farm of five VOC 
storage tanks in lieu of controls on one process vent and one VOC 
storage tank.
    (i) Incorporation by reference.
    (A) LDEQ Permit number 1829T (M-2), Revision of Bubble Permit--
Vulcan Chemicals Company, Geismar, Ascension Parish, Louisiana, issued 
July 28, 1989.
    (ii) Additional material.
    (A) Letter dated June 28, 1989, from the Administrator of the 
Louisiana Office of Air Quality, giving assurances that the State has 
resources and plans necessary to strive toward attainment and 
maintenance of the NAAQS for ozone taking into account the influence of 
this Bubble on air quality.
    (53) On May 5, 1986, the Governor submitted a request to revise the 
Louisiana SIP to include an alternate Emission Reduction Plan for the 
American Cyanamid Company Fortier Plant located at Westwego, Jefferson 
Parish. A permit was issued by LDEQ on October 17, 1984 (1896), but 
after several revisions, the final permit for the trade is 1896 (M-2), 
issued July 20, 1989. This Bubble uses credits obtained from the change 
of service of three storage tanks from VOC to non-VOC usage to offset 
reductions required by controlling one methanol storage tank.
    (i) Incorporation by reference.
    (A) LDEQ permit number 1896 (M-2) issued July 20, 1989, a Revision 
to Bubble Permit No. 1896 (M-1)--American Cyanamid Company, Westwego, 
Jefferson Parish, Louisiana.
    (ii) Additional material.
    (A) Letter dated June 6, 1989, from the Administrator of the 
Louisiana Office of Air Quality, giving the State position that the 
Volatile Organic Compounds that have been shifted out of the emission 
reduction credit donating tanks have not been shifted elsewhere in the 
nonattainment area.

[[Page 473]]

    (B) Letter received by EPA on March 31, 1989, from Mr. Addison Tatum 
of the State of Louisiana, including calculations for the permit.
    (54) A revision to allow an alternative emission reduction plan 
(``bubble'') for the Vista Chemical Company facility in Westlake, 
Louisiana, as submitted by the Governor on November 22, 1983, and 
amended by Louisiana Department of Environmental Quality Air Quality 
Division permit 1828 M-2 issued September 25, 1986.
    (i) Incorporation by reference.
    (A) Louisiana Department of Environmental Quality Air Quality 
Division permit 1828 M-2 issued September 25, 1986.
    (ii) Additional material.
    None.
    (55) A revision to allow an alternative emission reduction plan 
[``bubble''] for the Union Carbide facility in Hahnville, Louisiana, as 
submitted by the Governor on October 19, 1983, and amended by Louisiana 
Department of Environmental Quality Air Quality Division permit 
1836T(M-1) issued April 23, 1987, and revised on May 5, 1990.
    (i) Incorporation by reference
    (A) Louisiana Department of Environmental Quality Air Quality 
Division permit 1828 M-2 issued September 25, 1986.
    (ii) Additional material
    None.
    (55) A revision to allow an alternative emission reduction plan 
[``bubble''] for the Union Carbide facility in Hahnville, Louisiana, as 
submitted by the Governor on October 19, 1983, and amended by Louisiana 
Department of Environmental Quality Air Quality Division permit 
#1836T(M-1) issued April 23, 1987, and revised on May 5, 1990.
    (i) Incorporation by reference.
    (a) Louisiana Department of Environmental Quality Air Quality 
Division permit #1836T(M-1) issued April 23, 1987, and revised on May 5, 
1990.
    (ii) Additional materal
    None.
    (56) Revisions to Louisiana's volatile organic compound regulations 
were submitted by the Governor on June 13, 1990.
    (i) Incorporation by reference.
    (A) Revisions to Title 33, Environmental Quality, Part III. Air, 
Chapter 21. Control of Emission of Volatile Organic Compounds, 
Subchapter B. Organic Solvents, Section 2123. Organic Solvents, 
paragraphs C.6. and D.3., effective February 20, 1990.
    (57) Revisions to the Louisiana State Implementation Plan for 
LAC:33:III: Section 509 Prevention of Significant Deterioration (PSD) 
sections (509)(B) (Baseline Area) (1), 509(B) (Baseline Area) (2), 
509(B) (Baseline Concentration) (1), (509)(B) (Baseline Concentration) 
(1)(b), 509(B) (Baseline Concentration) (2)(a), 509(B) (Baseline 
Concentration) (2)(b), 509(B) (Baseline Date) (1)(a), 509(B) (Baseline 
Date) (1)(b), 509(B) (Baseline Date) (2), 509(B) (Baseline Date) (2)(a), 
509(B) (Baseline Date) (2)(b), 509(B) (Net Emission Increases) (4), 
509(D), and 509(P)(4), as adopted by the Secretary of Louisiana 
Department of Environmental Quality (LDEQ) on July 20, 1990, were 
submitted by the Governor on October 26, 1990.
    (i) Incorporation by reference.
    (A) LAG:33:III: Section 509 Prevention of Significant Deterioration 
Sections (509)(B) (Baseline Area) (1), 509(B) (Baseline Area) (2), 
509(B) (Baseline Concentration) (1)(a), (509)(B) (Baseline 
Concentration) (1)(b), 509(B) (Baseline Concentration) (2)(a), 509(B) 
(Baseline Concentration) (2)(b), 509(B) (Baseline Date (1)(a), 509(B) 
(Baseline Date) (1)(b), 509(B) (Baseline Date) (2), 509(B) (Baseline 
Date) (2)(a), 509(B) (Baseline Date) (2)(b), 509(B) (Net Emission 
Increase) (4), 509(D), and 509(P)(4) as amended on July 20, 1990.
    (ii) Additional Material--None.
    (58) Louisiana Air Quality Regulation section 6.6 as revised and 
adopted by the Louisiana Environmental Control Commission on February 
26, 1981, submitted by the Governor on March 25, 1981, and approved by 
the Environmental Protection Agency on June 9, 1982.
    (i) Incorporation by reference. (A) Louisiana Air Quality Regulation 
section 6.6 as revised and adopted by the Louisiana Environmental 
Control Commission on February 26, 1981, submitted by the Governor on 
March 25, 1981, and approved by the Environmental Protection Agency on 
June 9, 1982.
    (ii) Additional material. (A) Letter dated March 24, 1981, from the 
Secretary of the Louisiana Department of

[[Page 474]]

Natural Resources to the Governor of Louisiana acknowledging approval of 
Louisiana Air Quality Regulation section 6.6 by the Louisiana 
Environmental Control Commission effective on February 26, 1981.
    (59) A revision to the Louisiana State Implementation Plan (SIP) to 
include revisions to LAC, Title 33, ``Environmental Quality,'' Part III. 
Air, Chapter 15. Emission Standards for Sulfur Dioxide, effective April 
20, 1992, and submitted by the Governor by cover letter dated August 5, 
1992.
    (i) Incorporation by reference.
    (A) Revisions to LAC, Title 33, ``Environmental Quality,'' Part III. 
Air, Chapter 15. Emission Standards for Sulfur Dioxide, Section 1501, 
``Degradation of Existing Emission Quality Restricted;'' Section 1503, 
``Emission Limitations;'' Table 4, ``Emissions--Methods of Contaminant 
Measurement;'' Section 1505, ``Variances;'' Section 1507, 
``Exceptions;'' Section 1509, ``Reduced Sulfur Compounds (New and 
Existing Sources);'' Section 1511, ``Continuous Emissions Monitoring;'' 
and Section 1513, ``Recordkeeping and Reporting,'' effective April 20, 
1992.
    (60) A revision to the Louisiana State Implementation plan (SIP) to 
include revisions to Louisiana Administrative Code (LAC), Title 33, 
Environmental Quality, Part III. Air, Chapter 1, Chapter 21, and Chapter 
61 as submitted by the Governor on June 13, 1990, October 26, 1990, May 
24, 1991, and March 24, 1992.
    (i) Incorporation by reference.
    (A) LAC, Title 33, Environmental Quality, Part III. Air, Chapter 21 
(December 1987). Control of Emission of Organic Compounds, except 
section 2105. Storage of Volatile Organic Components (Small Tanks).
    (B) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 1. General Provisions, section 111. Definitions-
Administrator, Administrative Authority*, Attainment Areas, 
Nonattainment Areas, SIP, Volatile Organic Compound, and Chapter 21. 
Control of Emission of Organic Compounds, Subchapter A. General, section 
2103. Storage of Volatile Organic Compounds paragraphs A., C., D.1., 
D.1.a. through D.1.d., D.2., D.2.a., D.2.b., D.3., E., F., H.1., H.2., 
I. effective January 20, 1990.
    (C) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emission of Organic Compounds Subchapter A. 
General, section 2107. Volatile Organic Compounds-Loading, section 2109. 
Oil/Water-Separation, paragraphs A.1. through A.4., B. through D., 
section 2113. Housekeeping, paragraphs A.1 through A.3., A.5., section 
2117. Exemptions, section 2119. Variances B., and Subchapter D. Cutback 
Paving Asphalt section 2127. Cutback Paving Asphalt, paragraphs A., B., 
C.1., C.2., C.3., D., D.1., D.1.b., D.1.c., D.1.d., and D.2., effective 
February 20, 1990.
    (D) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emission of Organic Compounds, Subchapter B. 
Organic Solvents, section 2123. Organic Solvents, paragraphs C., C.1. 
through C.5., C.7. through C.9., effective February 20, 1990.
    (E) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emission of Organic Compounds, Subchapter F. 
Gasoline Handling, section 2131. Filling of Gasoline Storage Vessels, 
paragraphs A., B., B.1., B.3., D., D.1., D.4., D.5., E., F., and G., 
section 2133. Gasoline Bulk Plants paragraphs A., A.1., A.3. through 
A.6., B., B.3., B.4., C. and D., section 2135. Bulk Gasoline Terminals 
paragraphs A., B., B.1.a., B.1.a.i., B.1.a.iii., B.1.d., B.2. through 
B.5., and C. through E., E.1. through E.4., and section 2137. Gasoline 
Terminal Vapor-Tight Control Procedure. effective July 20, 1990.
    (F) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emission of Organic Compounds Subchapter A. 
General, section 2101. Compliance Schedules, section 2115. Waste Gas 
Disposal paragraphs A., B., C., D., F., G., H., I.1. through I.5., J. 
through K., section 2121. Fugitive Emission Control paragraphs B., B.1, 
B.2., C., C.1.b., C.1.b.i., C.1.b.ii., C.1.b.iii., C.1.c, C.2., C.2.b., 
C.2.b.i., C.4., C.4.c., C.4.d., C.5. and G., Subchapter C. Vapor 
Degreasers, section 2125. Vapor Degreasers paragraphs A., A.1., A.2., 
A.2.i. through A.2.m., A.3., A.3.a. through A.3.d., B., B.1., B.7., 
B.8., C., C.1., C.1.a. through C.1.c.,

[[Page 475]]

C.1.i., C.1.j., and D. through G., Subchapter E. Perchloroethylene Dry 
Cleaning Systems, section 2129. Perchloroethylene Dry Cleaning Systems 
paragraphs A., A.1., A.2., A.2.a. through A.2.c., C., and D., Subchapter 
H. Graphic Arts, section 2143. Graphic Arts (Printing) by Rotogravure 
and Flexographic Processes paragraphs A., A.1., A.3., A.5., B., C. and 
D., Subchapter I. Pharmaceutical Manufacturing Facilities, section 2145. 
Pharmaceutical Manufacturing Facilities, paragraphs A., A.1., A.1.c., 
and E. through G. effective November 20, 1990.
    (G) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emissions of Organic Compounds Subchapter A. 
General, section 2103. Storage of Volatile Organic Compounds paragraphs 
B.,D., D.2.c. through D.2.e., G., H.3., I.2.c., I.4. and I.5., section 
2107. Volatile Organic Compounds-Loading paragraphs D.3. and D.4., 
section 2109. Oil/Water Separation paragraphs A., B.4., and B.5., 
section 2111. Pumps and Compressors, section 2113. Housekeeping 
paragraph A.4., section 2119. Variances paragraph A.; Subchapter D. 
Cutback Paving Asphalt, section 2127. Cutback Paving Asphalt paragraphs 
C. and D.1.a. effective April 20, 1991.
    (H) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emission of Organic Compounds, section 2115. 
Waste Gas Disposal paragraphs I., K., and K.4., section 2121. Fugitive 
Emission Control paragraphs A., C.1., C.1.b.iv. through C.1.b.vi., 
C.4.a., C.4.b., C.4.h., D., D.1., D.1.b. through D.1.f., and D.2., 
seciton 2123. Organic Solvents paragraphs A., A.1. through A.3., B., 
B.1., B.1.a. through B.1.c., C.11., D., D.1. through D.9., E., E.1. 
through E.7., F., and F.1. through F.4., Subchapter F. Gasoline 
Handling, section 2131. Filling of Gasoline Storage Vessels paragraphs 
D.2. and D.3., section 2135. Bulk Gasoline Terminals paragraph E.5., 
Subchapter G-Petroleum Refinery Operations, section 2139. Refinery 
Vacuum Producing Systems paragraphs A. and B. and section 2141. Refinery 
Process Unit Turnarounds effective July 20, 1991.
    (I) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 61. Division's Sources Test Manual, Subchapter A. Method 
43-Capture Efficiency Test Procedures section 6121 through section 6131 
effective July 20, 1991.
    (J) Revisions to LAC, Title 33, Environmental Quality, Part III. Air 
Chapter 1. General Provisions, section 111. Definitions-Coating, 
Department, Distance from Source to Property Line, Exceedance, 
Hydrocarbon, Leak, Miscellaneous Metal Parts and Products Coating, 
Nonattainment Area, Ozone Exceedance, SIP effective August 20, 1991.
    (61) A revision to the Louisiana SIP to include revisions to LAC, 
Title 33, ``Environmental Quality,'' Part III. Air, Chapter 21, Control 
of Emission of Organic Compounds, Section 2132--Stage II Vapor Recovery 
Systems for Control of Vehicle Refuelling Emissions at Gasoline 
Dispensing Facilities effective November 20, 1992, and submitted by the 
Governor by cover letter dated November 10, 1992.
    (i) Incorporation by reference.
    (A) Revisions to LAC, Title 33, ``Environmental Quality,'' Part III. 
Air, Chapter 21, Control of Emission of Organic Compounds, Section 
2132--Stage II Vapor Recovery Systems for Control of Vehicle Refuelling 
Emissions at Gasoline Dispensing Facilities, effective November 20, 
1992; and Chapter 65, Section 6523--Fee Schedule Listing, effective 
November 20, 1992.
    (ii) Additional materials.
    (A) November 15, 1993, narrative plan addressing: Legal authority, 
control strategy, compliance schedules, air quality surveillance, public 
notice, determination of regulated universe, Louisiana Department of 
Environmental Quality recordkeeping, facility recordkeeping, annual in-
use above ground inspections, program penalties, training, and benefits.
    (62) Alternative emission reduction (bubble) plan for the Dow 
Chemical facility located in Plaquemine, Iberville Parish, as adopted by 
the Louisiana Environmental Control Commission on July 28, 1983, 
submitted by the Governor on October 19, 1983, and amended by the 
Louisiana Department of Environmental Quality with permit number 
1838T(M-2) issued on October 16, 1991.
    (ii) Incorporation by reference.

[[Page 476]]

    (A) Permit number 1838T(M-2) as issued by the Louisiana Department 
of Environmental Quality on October 16, 1991.
    (ii) Additional material.
    (A) Letter dated September 17, 1991, from the Administrator of the 
Office of Air Quality at the Louisiana Department of Environmental 
Quality to the Chief of the Planning Section at the Air Programs Branch 
of the U.S. Environmental Protection Agency--Region 6, furnishing State 
assurances.
    (63) The State is required to implement a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program 
(PROGRAM) as specified in the plan revision submitted by the Governor on 
October 22, 1992. This plan submittal, as adopted by the Secretary of 
the Louisiana Department of Environmental Quality (LDEQ) on October 22, 
1992, was developed in accordance with section 507 of the Clean Air Act 
(CAA).
    (i) Incorporation by reference.
    (A) Enrolled House Bill No. 1319 (Act 1037, Regular Session, 1992), 
signed into law by the Governor on July 13, 1992, and effective upon 
signature, enacting Louisiana Revised Statutes (R.S.) 30:2061 and 2062 
and R.S. 36:239(H). Included in Act 1037 are provisions establishing a 
small business stationary source compliance assistance program; creating 
the State Ombudsman Office for small business; creating a Compliance 
Advisory Panel (CAP); establishing membership of the CAP; and 
establishing CAP powers, duties, and functions.
    (B) Louisiana R.S. 30:2060N.(6), ``Toxic air pollutant emission 
control program'', (the small business stationary source technical and 
environmental compliance assistance program subsection), as in effect on 
October 22, 1992.
    (C) State of Louisiana Executive Order No. EWE 92-4 dated February 
10, 1992, and effective upon signature, creating and establishing an 
Office of Permits within the Executive Department, Office of the 
Governor.
    (D) Letter from Louisiana Governor Edwards to Mr. Kai Midboe, 
Secretary, LDEQ, dated February 20, 1992, designating the Governor's 
Office of Permits as the official State office to serve as Ombudsman for 
the PROGRAM per the mandate of section 507 of the Federal CAA. The 
Coordinator of the Office of Permits will be responsible for 
administering the Small Business Ombudsman portion of the PROGRAM.
    (ii) Additional material.
    (A) Narrative SIP Revision entitled, ``Louisiana SIP, Concerning CAA 
Amendments of 1990, Section 507, Small Business Stationary Source 
Technical and Environmental Compliance Assistance (Program); November 
15, 1992.''
    (B) ``State of Louisiana Memorandum of Understanding Between the 
Governor's Office of Permits and the Louisiana Department of 
Environmental Quality'', signed (and effective) on April 7, 1992, by Mr. 
Kai David Midboe, Secretary, LDEQ, and Ms. Martha A. Madden, 
Coordinator, Governor's Office of Permits.
    (C) Legal opinion letter dated October 22, 1992, from James B. 
Thompson, III, Assistant Secretary for Legal Affairs and Enforcement, 
LDEQ, to Mr. B. J. Wynne, Regional Administrator, EPA Region VI, 
regarding ``Appointment to Small Business Advisory Panel''.
    (64)  [Reserved]
    (65) Revisions to the Louisiana Department of Environmental Quality 
Regulation Title 33, Part III, Chapter 9, Section 919, (February 2, 
1993), and a technical correction (October 20, 1994). These revisions 
are for the purpose of implementing an emission statement program for 
stationary sources within the ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) Revisions to LAC, title 33, Part III, Chapter 9, General 
Regulations on Control of Emissions and Emissions Standards, Section 
919, Emission Inventory, adopted in the Louisiana Register, Vol. 19, No. 
2, 184-186, February 20, 1993. All subsections except B.2.a. and B.2.d.
    (B) Revisions to LAC, title 33, Part III, Chapter 9, General 
Regulations on Control of Emissions and Emissions standards, Section 
919, Emission Inventory, adopted in the Louisiana Register, Vol 20, No. 
10, 1102, October 20, 1994. Subsections B.2.a. and B.2.d.
    (66) Revisions to the Louisiana Department of Environmental Quality 
Regulation Title 33, Part III, Chapter 2,

[[Page 477]]

Section 223 and Chapter 19, Sections 1951-1973. These revisions are for 
the purpose of implementing a Clean Fuel Fleet Program to satisfy the 
Federal requirements for a Clean Fuel Fleet Program to be part of the 
SIP for Louisiana.
    (i) Incorporation by reference.
    (A) Revision to LAC, Title 33, Part III, Chapter 2, Rules and 
Regulations for the Fee System of the Air Quality Control Programs, 
Section 223, Fee Schedule Listing, adopted in the Louisiana Register, 
Vol. 20, No. 11, 1263, November 20, 1994.
    (B) Revision to LAC, Title 33, Part III, Chapter 19, Mobile Sources, 
Subchapter B, Clean Fuel Fleet Program, Sections 1951-1973, adopted in 
the Louisiana Register, Vol. 20, No. 11, 1263-1268, November 20, 1994.

[37 FR 10869, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.970, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.971   Classification of regions.

    The Louisiana plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Southern Louisiana-Southeast Texas Interstate.............          II          I       III       III          I
Shreveport-Texarkana-Tyler Interstate.....................          II        III       III       III        III
Monroe-El Dorado Interstate...............................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------

[37 FR 10869, May 31, 1972, as amended at 45 FR 9909, Feb. 14, 1980]
Secs. 52.972--52.974  [Reserved]



Sec. 52.975  Redesignations and maintenance plans; ozone.

    (a) Approval. The Louisiana Department of Environmental Quality 
(LDEQ) submitted redesignation requests and maintenance plans for the 
areas of Beauregard, Lafourche, and St. Mary Parishes on June 14, 1993. 
Redesignation requests and maintenance plans were submitted for the 
areas of Grant and Lafayette on May 25, 1993. The EPA deemed these 
requests complete on September 10, 1993. Several approvability issues 
existed, however. The LDEQ addressed these approvability issues in 
supplemental ozone redesignation requests and revised maintenance plans. 
These supplemental submittals were received for the areas of Beauregard, 
Grant, Lafayette, Lafourche, and St. Mary Parishes on March 27, 1995, 
December 12, 1994, October 21, 1994, November 18, 1994, and November 23, 
1994, respectively. The redesignation requests and maintenance plans 
meet the redesignation requirements in section 107(d)(3)(E) of the Act 
as amended in 1990. The redesignations meet the Federal requirements of 
section 182(a)(1) of the Clean Air Act as a revision to the Louisiana 
ozone State Implementation Plan for these areas. The EPA therefore 
approved the request for redesignation to attainment with respect to 
ozone for the areas of Beauregard, Grant, Lafayette, Lafourche, and St. 
Mary Parishes on October 17, 1995.
    (b) Approval--The Louisiana Department of Environmental Quality 
(LDEQ) submitted a redesignation request and maintenance plan for St. 
James Parish on May 25, 1993. The EPA deemed this request complete on 
September 10, 1993. Several approvability issues existed, however. The 
LDEQ addressed these approvability issues in a supplemental ozone 
redesignation request and revised maintenance plan. This supplemental 
submittal was received for St. James Parish on December 15, 1994. The 
redesignation request and maintenance plan meet the redesignation 
requirements in section 107(d)(3)(E) of the Act as amended in 1990. The 
redesignation meets the Federal requirements of section 182(a)(1) of the 
Clean Air Act as a revision to the Louisiana ozone State Implementation 
Plan for this parish. The EPA therefore

[[Page 478]]

approved the request for redesignation to attainment with respect to 
ozone for St. James Parish on November 13, 1995.
    (c) Approval--The Louisiana Department of Environmental Quality 
(LDEQ) submitted a redesignation request and maintenance plan for the 
New Orleans CMSA on April 23, 1993. The EPA deemed this request complete 
on September 10, 1993. Several approvability issues existed, however. 
The LDEQ addressed these approvability issues in a supplemental ozone 
redesignation request and revised maintenance plan. This supplemental 
submittal was received on October 14, 1994. The redesignation request 
and maintenance plans meet the redesignation requirements in section 
107(d)(3)(E) of the Act as amended in 1990. The redesignation meets the 
Federal requirements of section 182(a)(1) of the Clean Air Act as a 
revision to the Louisiana ozone State Implementation Plan for Jefferson, 
Orleans, St. Bernard, and St. Charles Parishes. The EPA therefore 
approved the request for redesignation to attainment with respect to 
ozone for 7Jefferson, Orleans, St. Bernard, and St. Charles Parishes on 
December 1, 1995.

[60 FR 43025, Aug. 18, 1995, as amended at 60 FR 47285, Sept. 12, 1995; 
60 FR 51360, Oct. 2, 1995]



Sec. 52.976  Review of new sources and modification.

    (a) Section 6.7 of Regulation 6.0 is disappoved since it could 
conflict with the preconstruction requirements for the prevention of 
significant deterioration (PSD) of air quality.
    (b) Section 6.9 of Regulation 6.0 is disapproved since it could 
conflict with the preconstruction requirements for the prevention of 
significant deterioration (PSD) of air quality and the Administrator's 
Interpretative on Rule of December 21, 1976.

[44 FR 18491, Mar. 28, 1979, as amended at 47 FR 6017, Feb. 10, 1982]
Secs. 52.977--52.985  [Reserved]



Sec. 52.986  Significant deterioration of air quality.

    (a) The plan submitted by the Governor of Louisiana on August 14, 
1984 (as adopted by the Secretary of Louisiana Department of 
Environmental Quality (LDEQ) on May 23, 1985), July 26, 1988 (as revised 
and adopted by the LDEQ on May 5, 1988), and October 26, 1990 (as 
revised and adopted by the LDEQ on July 20, 1990), LAC:33:III: Sec. 509 
Prevention of Significant Deterioration (PSD) and its Supplement 
documents, is approved as meeting the requirements of Part C, Clean Air 
Act for preventing significant deterioration of air quality.
    (b) The requirements of Section 160 through 165 of the Clean Air Act 
are not met for Federally designated Indian lands since the plan 
(specifically LAC:33:III:509.A.1) excludes all Federally recognized 
Indian lands from the provisions of this regulation. Therefore, the 
provisions of Sec. 52.21 (b) through (w) are hereby incorporated by 
reference and made a part of the applicable implementation plan, and are 
applicable to sources located on land under the control of Indian 
governing bodies.

[56 FR 20139, May 2, 1991]



Sec. 52.987  Control of hydrocarbon emissions.

    (a) Notwithstanding any provisions to the contrary in the Louisiana 
Implementation Plan, the control measures listed in paragraphs (b) 
through (n) of this section shall be implemented in accordance with the 
schedule set forth below.
    (b) Removal from service of a 10,000 barrel capacity crude oil 
storage tank at the Belcher Station of the Exxon Pipeline Company, 
Belcher, Louisiana, with a final compliance date of January 1, 1980. 
This shall result in an estimated hydrocarbon emission reduction of at 
least 208 tons per year.
    (c) Removal from service of a 55,000 barrel capacity crude oil 
storage tank at the Weller Station of the Exxon Pipeline Company, near 
Minden, Louisiana, with a final compliance date of January 1, 1980. This 
shall result in an estimated hydrocarbon emission reduction of at least 
263 tons per year.
    (d) Installation of emission control systems on three 3,000 barrel 
capacity distillate storage tanks, at the Jones O'Brien Inc., Keatchie, 
Louisiana, with a final compliance date of January 1,

[[Page 479]]

1978. This shall result in an estimated hydrocarbon emission reduction 
of at least 23 tons per year.
    (e) Installation of emission control systems on crude oil storage 
tanks TK-43, TK-44, T-45 and T-49, and distillate tanks T-46 and T-50 at 
the Atlas Processing Company, Shreveport, Louisiana with a final 
compliance date of January 2, 1980. This shall result in an estimated 
hydrocarbon emission reduction of at least 881 tons per year.
    (f) Installation of emission control systems on crude oil storage 
tanks TK-19-74, TK-HC-74, TK-571-74 and TK-15-74 and agreement to store 
only nonvolatile organic solvent in tanks TK-F2-74, TK-41-74 and TK-40-
74 at the Cotton Valley Solvents Company, Cotton Valley, Louisiana with 
a final compliance date of January 2, 1980. This shall result in an 
estimated hydrocarbon emission reduction of at least 934 tons per year.
    (g) Discontinue use of residue gas in pneumatic instrumentation and 
control systems at the Kerr-McGee Corporation, Devon Corporation, and 
Eason Oil Company, Calhoun Plant, Calhoun, Louisiana with a final 
compliance date of July 1, 1978. This shall result in an estimated 
hydrocarbon emission reduction of at least 21 tons per year.
    (h) Discontinue use of residue gas in pneumatic instrumentation and 
control systems with a final compliance date of July 1, 1978, and 
install emission control systems on distillate storage tanks 2-7 and 2-
13 with a final compliance date of January 2, 1980, at the Kerr-McGee 
Corp., Devon Corp., and Eason Oil Co., Dubach Plant, Dubach, Louisiana. 
This shall result in an estimated hydrocarbon reduction of at least 367 
tons per year.
    (i) Installation of emission control systems on a 37,500 barrel 
capacity crude oil storage tank at Cities Service Pipeline Company, Oil 
City, Louisiana with a final compliance date of February 1, 1980. This 
shall result in an estimated hydrocarbon emission reduction of at least 
208 tons per year.
    (j) Installation of emission control systems on a 25,000 barrel 
capacity crude oil storage tank at Cities Service Pipeline Company, 
Haynesville, Louisiana with a final compliance date of February 1, 1980. 
This shall result in an estimated hydrocarbon emission reduction of at 
least 28 tons per year.
    (k) Installation of emission control systems on a 10,000 barrel 
capacity crude oil storage tank at Cities Service Pipeline Company, 
Summerfield, Louisiana with final compliance achieved in August 1977. 
This shall result in an estimated hydrocarbon emission reduction of at 
least 162 tons per year.
    (l) Installation of emission control systems on a 30,000 barrel 
capacity crude oil storage tank at the Scurlock Oil Company, Lake End, 
Louisiana, with a final compliance date of January 15, 1980. This shall 
result in an estimated hydrocarbon emission reduction of at least 90 
tons per year.
    (m) Installation of emission control systems on a 55,000 barrel 
capacity crude oil storage tank at the Scurlock Oil Company, Dutchtown 
Oil Field near Minden, Louisiana, with a final compliance date of 
January 15, 1980. This shall result in an estimated hydrocarbon emission 
reduction of at least 186 tons per year.
    (n) Installation of emission control systems on distillate storage 
tank No. 414 with a final compliance date of September 1, 1979, and the 
removal from service of tank No. 450 with final compliance achieved on 
December 1, 1977, at the Texas Eastern Products Pipeline Company, 
Sarepta, Louisiana. This shall result in an estimated hydrocarbon 
emission reduction of at least 355 tons per year.

[44 FR 15705, Mar. 15, 1979]
Sec. 52.988  [Reserved]



Sec. 52.990  Stack height regulations.

    The State of Louisiana has committed to submit to EPA a SIP revision 
whenever a new or revised emission limitation for a specific source 
exceeds the height allowed by Section 921(A) ``Good Engineering Practice 
(GEP) Stack Height 1 or 2'' of the State regulations. A letter from the 
Secretary of Louisiana Department of Environmental Quality, dated 
September 23, 1986, stated that:

    In specific, the State regulation, Section 17.14.2 [now LAC 33: Part 
III, Section 921(B)], provides that the degree of emission limitation 
required of any source for control of any

[[Page 480]]

air pollutant must not be affected by so much of any source's stack 
height that exceeds good engineering practice or by any other dispersion 
technique. In reference to this requirement, the Louisiana Department of 
Environmental Quality or the Administrative Authority will submit to EPA 
a SIP revision whenever the Louisiana Department of Environmental 
Quality adopts a new or revised emission limitation for a specific 
source that is based on a stack height that exceeds the height allowed 
by Section 17.14.1(e)(1) [now LAC 33: Part III, Section 921(A) ``Good 
Engineering Practice (GEP) Stack Height 1''] or Section 17.14.1(e)(2) 
[now LAC 33: Part III, Section 921(A) ``Good Engineering Practice (GEP) 
Stack Height 2''].

[53 FR 36010, Sept. 16, 1988]



Sec. 52.991  Small business assistance program.

    The Governor of Louisiana submitted on October 22, 1992, a plan 
revision to develop and implement a Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program to meet the 
requirements of section 507 of the Clean Air Act by November 15, 1994. 
The plan commits to provide technical and compliance assistance to small 
businesses, hire an Ombudsman to serve as an independent advocate for 
small businesses, and establish a Compliance Advisory Panel to advise 
the program and report to EPA on the program's effectiveness.

[59 FR 32360, June 23, 1994]



Sec. 52.992  Area-wide nitrogen oxides exemptions.

    (a) The Louisiana Department of Environmental Quality submitted to 
the EPA on August 5, 1994, a petition requesting that the 
nonclassifiable ozone nonattainment areas in the State of Louisiana be 
exempted from the requirement to meet the NOX provisions of the 
Federal transportation conformity rule. The exemption request was based 
on monitoring data which demonstrated that the National Ambient Air 
Quality Standard for ozone had been attained in this area for the 3 
years prior to the petition. The parishes for which the NOX 
exemption was requested include: Beauregard, Grant, Lafayette, 
Lafourche, Jefferson, Orleans, St. Bernard, St. Charles, St. James, and 
St. Mary. The EPA approved this exemption request on March 2, 1995.
    (b) The LDEQ submitted to the EPA on November 17, 1994, a petition 
requesting that the Baton Rouge serious ozone nonattainment area be 
exempted from the NOX control requirements of the CAA. In addition, 
supplemental information was submitted to the EPA by the LDEQ on January 
26, 1995, June 6, 1995, and June 16, 1995. The Baton Rouge nonattainment 
area consists of East Baton Rouge, West Baton Rouge, Pointe Coupee, 
Livingston, Iberville, and Ascension Parishes. The exemption request was 
based on photochemical grid modeling which shows that reductions in 
NOX would not contribute to attainment in the nonattainment area. 
On January 18, 1996, the EPA approved the State's request for an 
areawide exemption from the following requirements: NOX new source 
review, NOX reasonably available control technology, NOX 
general conformity, and NOX inspection and maintenance 
requirements.
    (c) The LDEQ submitted to the EPA on July 25, 1995, a revision to 
the SIP, pursuant to section 182(b)(1), requesting that the Baton Rouge 
serious ozone nonattainment area be exempted from the transportation 
conformity NOX requirements of the CAA. The Baton Rouge 
nonattainment area consists of East Baton Rouge, West Baton Rouge, 
Pointe Coupee, Livingston, Iberville, and Ascension Parishes. The 
exemption request was based on photochemical grid modeling which shows 
that additional reductions in NOX would not contribute to 
attainment in the nonattainment area. On February 12, 1996, the EPA 
approved the State's request for an areawide exemption from the 
transportation conformity NOX requirements.

[60 FR 5864, Jan. 31, 1995, as amended at 61 FR 2446, Jan. 26, 1996; 61 
FR 7221, Feb. 27, 1996]



Sec. 52.993  Emissions inventories.

    (a) The Governor of the State of Louisiana submitted the 1990 base 
year emission inventories for the Baton Rouge (BTR) and Calcasieu Parish 
(CAL) ozone nonattainment areas on November 16, 1992 as a revision to 
the State Implementation Plan (SIP). The

[[Page 481]]

1990 base year emission inventory requirement of section 182(a)(1) of 
the Clean Air Act, as amended in 1990, has been satisfied for each of 
these areas.
    (b) The inventories are for the ozone precursors which are volatile 
organic compounds, nitrogen oxides, and carbon monoxide. The inventories 
cover point, area, non-road mobile, on-road mobile, and biogenic 
sources.
    (c) The BTR nonattainment area is classified as Serious and includes 
Ascension, East Baton Rouge, Iberville, Livingston, Point Coupee, and 
West Baton Rouge Parishes; the CAL nonattainment area is classified as 
Marginal and includes Calcasieu Parish.

[60 FR 13911, Mar. 15, 1995]



Sec. 52.995  Enhanced ambient air quality monitoring.

    (a) The Governor of the State of Louisiana submitted the 
photochemical assessment monitoring stations (PAMS) State Implementation 
Plan (SIP) revision for the Baton Rouge ozone nonattainment area on 
September 10, 1993. This SIP submittal satisfies 40 CFR 58.20(f), which 
requires the State to provide for the establishment and maintenance of 
PAMS.
    (b) The Baton Rouge ozone nonattainment area is classified as 
Serious and includes Ascension, East Baton Rouge, Iberville, Livingston, 
Pointe Coupee, and West Baton Rouge Parishes.

[61 FR 31037, June 19, 1996]

    Effective Date Note:  At 61 FR 31037, June 19, 1996, Sec. 52.995 was 
added, effective Aug.19, 1996.



                            Subpart U--Maine



Sec. 52.1019  Identification of plan--conditional approval.

    (a) The following plan revisions were submitted on the dates 
specified.
    (1) On November 1, 1993 the Maine Department of Environmental 
Protection submitted a revision to the State Implementation Plan (SIP) 
for an enhanced Inspection and Maintenance (I/M) program in 
Androscoggin, Cumberland, Kennebec, Knox, Lincoln, Sagadahoc, and York 
counties. This submittal was supplemented by a letter dated May 26, 1994 
describing additional changes Maine is making to the I/M program, and a 
commitment to provide additional material by July 22, 1994. On July 21, 
1994, Maine submitted a revised submission. In these submissions, the 
State submitted adequate legal and regulatory authority to establish and 
implement an I/M program which meets the requirements of the Clean Air 
Act by September 1, 1995.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated November 1, 1993, May 26, 1994 and July 21, 1994 submitting a 
revision to the Maine State Implementation Plan.
    (B) The ``Motor Vehicle Emission Inspection Program'' regulation at 
Chapter 128 of the Department of Environmental Protection regulations 
effective June 28, 1994.
    (C) Title 38, Chapter 28, Motor Vehicle Inspection Program, and 
Title 29, Section 102-C, Motor Vehicle Inspection Requirement for 
Vehicle Registration, which are state law citations authorizing the 
above regulation, both effective June 30, 1992 and revised effective 
October 13, 1993.
    (ii) Additional materials. Nonregulatory, administrative portions of 
the November 1, 1993, May 26, 1994, and July 21, 1994 submissions to the 
Maine State Implementation Plan.
    (b) [Reserved]

[59 FR 55053, Nov. 3, 1994]



Sec. 52.1020   Identification of plan.

    (a) Title of plan: ``Implementation Plan for the Achievement of 
National Air Quality Standards.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory changes to the plan submitted on 
March 17, 1972, by the Environmental Improvement Commission for the 
State of Maine.
    (2) Regulation 10.8.4(g) establishing compliance schedules for 
sources in Maine submitted on July 28, 1972, by the Environmental 
Improvement Commission for the State of Maine.
    (3) A revision removing fuel burning sources with a maximum heat 
input from three million up to 10 million

[[Page 482]]

BTU/hr from the particulate matter control strategy submitted on March 
29, 1973, by the Governor.
    (4) Changes in the Open Burning Regulation 100.2 submitted on 
September 4, 1973, by the State of Maine Department of Environmental 
Protection.
    (5) An AQMA proposal submitted on June 26, 1974, by the Governor.
    (6) Revision to incinerator particulate emission standard, submitted 
on August 26, 1976 by the Commissioner of the Maine Department of 
Environmental Protection, which would exempt woodwaste cone burners from 
the plan until 1980.
    (7) Revision to incinerator particulate emission standard, submitted 
on November 18, 1976 by the Commissioner of the Maine Department of 
Environmental Protection, which would exempt municipal waste cone 
burners from the plan.
    (8) Revision to open burning regulation submitted on December 7, 
1976 by 

[[Page 483]]

the Commissioner of the Maine Department of Environmental Protection.
    (9) Revisions to Chapter 5--State Implementation Plan Air Quality 
Surveillance, and Chapter 6--Revision of New Sources and Modifications, 
submitted by the Governor on March 10, 1978.
    (10) Plans to meet various requirements of the Clean Air Act, 
including Part C, were submitted on May 1, 1979, October 26, 1979 and 
December 20, 1979. Included in the revisions is a plan for review of 
construction and operation of new and modified major stationary sources 
of pollution in attainment areas.
    (11) Attainment plans to meet the requirements of Part D and the 
Clean Air Act, as amended in 1977, were submitted on May 1, 1979; 
October 26, 1979; December 20, 1979; July 9, 1980; July 31, 1980; 
December 18, 1980; March 17, 1981. Included are plans to attain: The 
secondary TSP standard for Augusta, Thomaston, Bangor and Brewer; the 
primary and secondary SO2 standard for Millinocket; the carbon 
monoxide standard for Lewiston and Bangor and the ozone standard for 
AQCRS 107 and 110. A program was also submitted for the review of 
construction and operation of new and modified major stationary sources 
of pollution in non-attainment areas. Certain miscellaneous provisions 
are also included.
    (12) A plan to provide for public involvement in federally funded 
air pollution control activities was submitted on May 28, 1980.
    (13) Revisions to Chapter 5--State Implementation Plan--Air Quality 
Surveillance, intended to meet requirements of 40 CFR part 58, were 
submitted by the Commissioner of the Maine Department of Environmental 
Protection on July 1, 1980.
    (14) Revisions to attain and maintain the NAAQS for lead were 
submitted on August 7, and November 5, 1980.
    (15) A revision to Regulation 100.6 (Chapter 106) ``Low Sulfur Fuel 
Regulation'' for the Metropolitan Portland Air Quality Control Region, 
submitted by the Governor of Maine on August 25, 1977.
    (16) Department Regulation Chapter 112, Petroleum Liquid Transfer 
Vapor Recovery, is amended to exempt the town of Searsport, Maine from 
this regulation. This amendment was submitted by Henry E. Warren, 
Commissioner of the Department of Environmental Protection on October 
23, 1981, in order to meet Part D requirements for ozone.
    (17) Regulatory revisions to the plan containing changes to Chapter 
101 ``Visible Emissions Regulation'' submitted August 7, 1980.
    (18) On May 12, 1982 and February 11, 1983 the Maine Department of 
Environmental Protection submitted an emission limit contained in an air 
emissions license which requires Pioneer Plastics, Auburn, Maine to 
reduce its volatile organic compound emissions by at least 85%.
    (19) On January 11, 1983 and March 29, 1984 and December 4, 1984 the 
Maine Department of Environmental Protection submitted revisions to 
Chapter 103 ``Fuel Burning Equipment Particulate Emission Standard.''
    (20) A plan to attain the primary TSP standard in Lincoln, 
consisting of particulate emission limitations contained in an air 
emission license issued to the Lincoln Pulp and Paper Company, Inc., 
submitted by the Commissioner of the Maine Department of Environmental 
Protection on December 18, 1984.
    (21) A revision to approve the deletion of Thomaston from the list 
of applicable municipalities in Maine regulation 29 M.R.S.A. Chapter 
113, submitted by the Commissioner on February 20, 1986.
    (22) Revision to federally-approved regulation Chapter 112, 
Petroleum Liquids Transfer Vapor Recovery [originally approved on 
February 19, 1980, see paragraph (c)(11), of this section, was submitted 
on August 4, 1986, by the Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Regulation Chapter 112(6), Emission Testing, is amended by 
incorporating test methods and procedures as stated in 40 CFR part 60, 
subpart XX, Sec. 60.503 to determine compliance with emission standards 
for volatile organic compound emissions from bulk gasoline terminals. 
This revision to Regulation Chapter 112(6) became effective on July 22, 
1986 in the State of Maine.
    (ii) Additional material. The nonregulatory portions of the state 
submittals.

[[Page 484]]

    (23) [Reserved]
    (24) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 22, 1988.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated August 19, 1988 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 117 of the Maine Department of Environmental Protection 
Air Regulations entitled, ``Source Surveillance,'' effective in the 
State of Maine on August 9, 1988.
    (ii) Additional material.
    (A) Nonregulatory portions of the state submittal.
    (25) Revisions to the Maine State Implementation Plan (SIP) for 
ozone submitted on February 14, 1989 and May 3, 1989 by the Maine 
Department of Environmental Protection (DEP) for its state gasoline 
volatility control program, including any waivers under the program that 
Maine may grant. The control period will begin May 1, 1990.
    (i) Incorporation by reference. Maine Department Regulation chapter 
119, Rules and Regulations of the State of Maine, entitled ``Motor 
Vehicle Fuel Volatility Limit,'' adopted August 10, 1988, amended 
Septemter 27, 1989 and effective October 25, 1989.
    (26) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on October 27, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated October 27, 1989 submitting revisions to the Maine State 
Implementation Plan.
    (B) Chapter 100 of the Maine Department of Environmental 
Protection's Air Regulations entitled ``Definitions Regulations,'' 
except for the definition of volatile organic compounds in Chapter 
100(76) which is being incorporated by reference in 40 CFR 
52.1020(c)(27). This regulation was effective in the State of Maine on 
October 3, 1989. Note, the definition of fuel burning equipment in 
Chapter 100(29) is not part of Maine's submittal.
    (C) Chapter 110 except for Chapter 110(2) which is being 
incorporated by reference in 40 CFR 52.1020(c)(27), Chapter 113, Chapter 
114 except for Chapter 114(II) and (III) which are being incorporated by 
reference in 40 CFR 52.1020(c)(27), Chapter 115, and Chapter 116 of the 
Maine Department of Environmental Protection's Air Regulations entitled, 
``Ambient Air Quality Standards,'' ``Growth Offset Regulation,'' 
``Classification of Air Quality Control Regions,'' ``Emission License 
Regulations,'' and ``Prohibited Dispersion Techniques,'' respectively. 
These regulations were effective in the State of Maine on October 25, 
1989. Chapter 108, originally approved on January 30, 1980 and February 
19, 1980 in paragraphs (c)(10) and (c)(11) of this section, is being 
withdrawn and replaced with Chapter 115.
    (D) Portions of Chapter 1 entitled ``Regulations for the Processing 
of Applications,'' effective in the State of Maine on February 8, 1984.
    (ii) Additional materials.
    (A) A State Implementation Plan narrative contained in Chapter 6 
entitled ``Review of New Sources and Modifications.''
    (B) Letter dated May 1, 1989 from the Maine Department of 
Environmental Protection regarding implementation of BACT.
    (C) Nonregulatory portions of the state submittal.
    (27) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on October 31, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated October 31, 1989 submitting revisions to the Maine State 
Implementation Plan.
    (B) The definition of volatile organic compounds in Chapter 100(76) 
of the Maine Department of Environmental Protection's ``Definitions 
Regulations'' effective in the State of Maine on October 3, 1989.
    (C) Chapter 110(2) and Chapter 114 (II) and (III) of the Maine 
Department of Environmental Protection's ``Ambient Air Quality 
Standards'' and ``Classification of Air Quality Control Regions'' 
Regulations effective in the State of Maine on October 25, 1989.

[[Page 485]]

Note that Millinocket remains designated as a nonattainment area for 
SO2 until redesignated at 40 CFR 51.320.
    (ii) Additional materials.
    (A) A State Implementation Plan narrative contained in Chapter 6 
entitled ``Review of New Sources and Modifications.''
    (B) Nonregulatory portions of the state submittal.
    (28) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 14 and October 
22, 1991.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated August 14 and October 22, 1991 submitting revisions to the Maine 
State Implementation Plan.
    (B) Revisions to Chapter 109 of the Maine Department of 
Environmental Protection Regulations, ``Emergency Episode Regulations,'' 
effective in the State of Maine on September 16, 1991.
    (C) Part B of the Memorandum of Understanding which the Maine 
Department of Environmental Protection (DEP) entered into (and 
effective) on March 11, 1991, with the City of Presque Isle, and the 
Maine Department of Transportation.
    (ii) Additional materials.
    (A) An attainment plan and demonstration which outlines Maine's 
control strategy for attainment of the PM10 NAAQS and implements and 
meets RACM and RACT requirements for Presque Isle.
    (B) Nonregulatory portions of the submittal.
    (29) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 16, 1990, September 
5, 1990, and November 2, 1990.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated July 16, 1990, September 5, 1990, and November 2, 1990, submitting 
revisions to the Maine State Implementation Plan.
    (B) The definitions of actual emissions, baseline concentration, and 
fuel burning equipment in Chapter 100(1), 100(9), and 100(29) of Maine's 
``Definitions Regulation,'' Chapter 110(10) (except for Chapter 
110(10)(C)(3)) of Maine's ``Ambient Air Quality Standards Regulation,'' 
Chapter 113(II)(A) of Maine's ``Growth Offset Regulation,'' and Chapter 
115(I)(B), (VII)(A), (VII)(B)(3), and (VII)(D)(3) of Maine's ``Emission 
License Regulations,'' effective in the State of Maine on July 10, 1990. 
Note that the revised state statute which contains the underlying 
authority to implement the NO2 increments became effective on July 
14, 1990.
    (ii) Additional materials.
    (A) A state implementation plan narrative contained in Chapter 6 
entitled ``Review of New Sources and Modifications.''
    (B) Nonregulatory portions of the state submittal.
    (30) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on September 29, 1989, 
December 5, 1989 and June 3, 1991.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated September 29, 1989, and June 3, 1991 submitting a revision to the 
Maine State Implementation Plan.
    (B) Chapter 111 ``Petroleum Liquid Storage Vapor Control'' and 
Chapter 123 ``Paper Coater Regulation,'' effective in the state of Maine 
on October 3, 1989.
    (C) Chapter 112 ``Petroleum Liquid Transfer Vapor Recovery,'' 
effective in the State of Maine on June 9, 1991.
    (ii) Additional materials.
    (A) Letter from the Maine Department of Environmental Protection 
dated June 3, 1991 documenting the December 1990 survey conducted to 
satisfy the 5 percent demonstration requirement in order to justify the 
3500 gallon capacity cut-off in chapter 112.
    (B) Letter from the Maine Department of Environmental Protection 
dated December 5, 1989 requesting the withdrawal of operating permits 
for S.D. Warren of Westbrook, Eastern Fine Paper of Brewer, and Pioneer 
Plastics of Auburn incorporated by reference at 40 CFR 52.1020 (c)(11) 
and (c)(18).
    (C) Nonregulatory portions of the submittal.
    (31) Revisions to the State Implementation Plan submitted by the 
Maine

[[Page 486]]

Department of Environmental Protection on April 20, 1992.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated April 8, 1992 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 100(54)(b) ``particulate matter emissions,'' Chapter 
100(57)(b) ``PM10 emissions,'' and revisions to Chapter 100(28) 
``federally enforceable'' and to Chapter 100(76) ``volatile organic 
compound (VOC)'' effective in the State of Maine on January 18, 1992.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (32) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on June 5, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated June 3, 1991 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 126 of the Maine Department of Environmental Protection 
Regulations, ``Capture Efficiency Test Procedures'' effective in the 
State of Maine on June 9, 1991.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (33) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on January 8, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated January 8, 1993, submitting a revision to the Maine State 
Implementation Plan.
    (B) Revised Chapter 100 of the Maine Department of Environmental 
Protection Regulations, ``Definitions'' effective in the State of Maine 
on February 10, 1993.
    (C) Chapter 129 of the Maine Department of Environmental Protection 
Regulations, ``Surface Coating Facilities'' effective in the State of 
Maine on February 10, 1993.
    (D) Chapter 130 of the Maine Department of Environmental Protection 
Regulations, ``Solvent Degreasers'' effective in the State of Maine on 
February 10, 1993.
    (E) Chapter 131 of the Maine Department of Environmental Protection 
Regulations, ``Cutback and Emulsified Asphalt'' effective in the State 
of Maine on February 10, 1993.
    (F) Chapter 132 of the Maine Department of Environmental Protection 
Regulations, ``Graphic Arts--Rotogravure and Flexography'' effective in 
the State of Maine on February 10, 1993.
    (G) Appendix A ``Volatile Organic Compounds Test Methods and 
Compliance Procedures'' incorporated into Chapters 129 and 132 of the 
Maine Department of Environmental Protection Regulations, effective in 
the State of Maine on February 10, 1993.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (34) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on January 3, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated January 3, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Revised Chapter 100 of the Maine Department of Environmental 
Protection Regulations, ``Definitions'' effective in the State of Maine 
on December 12, 1993.
    (C) Chapter 137 of the Maine Department of Environmental Protection 
Regulations, ``Emission Statements'' effective in the State of Maine on 
December 12, 1993.
    (ii) Additional Information.
    (A) Nonregulatory portions of the submittal.
    (35) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on June 3, 1991, November 
25, 1991, and July 6, 1994.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated June 3, 1991, November 25, 1991, and July 6, 1994 submitting a 
revision to the Maine State Implementation Plan.

[[Page 487]]

    (B) Chapter 120 of the Maine Department of Environmental Protection 
Regulations, ``Gasoline Tank Truck Tightness Self-Certification,'' 
effective in the State of Maine on July 11, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (36) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 6, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated July 6, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 100 of the Maine Department of Environmental Protection 
Regulations, ``Definitions,'' effective in the State of Maine on July 
11, 1994, with the exception of the definitions of the following terms: 
``curtailment,'' ``federally enforceable,'' ``major modification,'' `` 
major source,'' ``nonattainment pollutant,'' ``shutdown,'' ``significant 
emissions,'' and ``significant emissions increase.''
    (C) Chapter 112 of the Maine Department of Environmental Protection 
Regulations, ``Petroleum Liquids Transfer Vapor Recovery,'' effective in 
the State of Maine on July 11, 1994.
    (D) Chapter 118 of the Maine Department of Environmental Protection 
Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' effective 
in the State of Maine on July 11, 1994.
    (E) Chapter 133 of the Maine Department of Environmental Protection 
Regulations, ``Petroleum Liquids Transfer Vapor Recovery at Bulk 
Gasoline Plants,'' effective in the State of Maine on July 11, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (37) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 12, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated July 5, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Maine's Chapter 100 entitled, ``Definition Regulations.'' This 
regulation was effective in the State of Maine on July 11, 1994.
    (C) Maine's Chapter 113 entitled, ``Growth Offset Regulation.'' This 
regulation was effective in the State of Maine on July 11, 1994.
    (D) Maine's Chapter 115 entitled, ``Emission License Regulation,'' 
except for Section 115(VII)(E) of this Chapter and all references to 
this Section. This regulation was effective in the State of Maine on 
July 11, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (38) Revisions to the State Implementation Plan establishing a Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program were submitted by the Maine Department of 
Environmental Protection on July 7, and August 16, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated July 7, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Revisions to the State Implementation Plan for the Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program dated July 12, 1994 and effective on May 11, 1994.
    (C) Letter from the Maine Department of Environmental Protection 
dated August 16, 1994 submitting a corrected page to the July 12, 1994 
SIP revision.
    (39)  [Reserved]
    (40) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on June 1, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated June 1, 1994 submitting revisions to the Maine State 
Implementation Plan.
    (B) Revisions to Chapter 114 of the Maine Department of 
Environmental Protection Regulations, ``Classification of Air Quality 
Control Regions,'' adopted by the Board of Environmental

[[Page 488]]

Protection on April 27, 1994 and accepted by the Secretary of State with 
an effective date of May 9, 1994.
    (C) Revisions to Part B of the Memorandum of Understanding which the 
Maine Department of Environmental Protection (DEP) entered into (and 
effective) on May 25, 1994, with the City of Presque Isle, and the Maine 
Department of Transportation.
    (ii) Additional materials.
    (A) A maintenance demonstration and contingency plan which outline 
Maine's control strategy for maintenance of the PM10 NAAQS and 
contingency measures and provision for Presque Isle.
    (B) Nonregulatory portions of the submittal.
    (41) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 5, 1994 related 
to NOX controls in Oxford, Franklin, Somerset, Piscataquis, 
Penobscot, Washington, Aroostook, Hancock and Waldo Counties.
    (i) Incorporation by reference.
    (A) A Letter from the Maine Department of Environmental Protection 
dated August 5, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 138 of the Maine DEP's regulations, ``Reasonably 
Available Control Technology for Facilities that Emit Nitrogen Oxides'' 
for sources only in Oxford, Franklin, Somerset, Piscataquis, Penobscot, 
Washington, Aroostook, Hancock and Waldo Counties (excepted portions 
include Sections 1.A.1. and 3.B.). This rule was effective August 3, 
1994.

[37 FR 10870, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1020, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.1021   Classification of regions.

    The Maine plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Metropolitan Portland Intrastate..........................           I         II       III       III        III
Androscoggin Valley Interstate............................          IA         IA       III       III        III
Down East Intrastate......................................          IA         IA       III       III        III
Aroostook Intrastate......................................         III        III       III       III        III
Northwest Maine Intrastate................................         III        III       III       III        III
----------------------------------------------------------------------------------------------------------------

[37 FR 10870, May 31, 1972, as amended at 45 FR 10774, Feb. 19, 1980]



Sec. 52.1022  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Maine's plan, as identified in Sec. 52.1020, for the attainment 
and maintenance of the national standards under section 110 of the Clean 
Air Act.

[45 FR 10774, Feb. 19, 1980, as amended at 60 FR 33734, June 29, 1995]



Sec. 52.1023  Control strategy: Ozone.

    (a) Determination. EPA is determining that, as of July 21, 1995, the 
Lewiston-Auburn ozone nonattainment area has attained the ozone standard 
and that the reasonable further progress and attainment demonstration 
requirements of section 182(b)(1) and related requirements of section 
172(c)(9) of the Clean Air Act do not apply to the area for so long as 
the area does not monitor any violations of the ozone standard. If a 
violation of the ozone NAAQS is monitored in the Lewiston-Auburn ozone 
nonattainment area, these determinations shall no longer apply.

    (b) Determination. EPA is determining that, as of July 21, 1995, the 
Knox and Lincoln Counties ozone nonattainment area has attained the 
ozone standard and that the reasonable further progress and attainment 
demonstration requirements of section 182(b)(1) and related requirements 
of section 172(c)(9) of the Clean Air Act do not apply to the area for 
so long as the area does not monitor any violations of the ozone 
standard. If a violation of the

[[Page 489]]

ozone NAAQS is monitored in the Knox and Lincoln Counties ozone 
nonattainment area, these determinations shall no longer apply.
    (c) Approval. EPA is approving an exemption request submitted by the 
Maine Department of Environmental Protection on September 7, 1995, for 
the Northern Maine area from the NOX requirements contained in 
Section 182(f) of the Clean Air Act. This approval exempts Oxford, 
Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, 
Hancock and Waldo Counties from the requirements to implement controls 
beyond those approved in Sec. 52.1020(c)(41) for major sources of 
nitrogen oxides (NOX), nonattainment area new source review (NSR) 
for new sources and modifications that are major for NOX, and the 
applicable NOX-related requirements of the general and 
transportation conformity provisions.

[60 FR 29766, June 6, 1995, as amended at 60 FR 66755, Dec. 26, 1995]



Sec. 52.1024  Attainment dates for national standards.

    The following table presents the latest dates by which the national 
standards are to be attained.

[[Page 490]]



                              Attainment Dates Established by Clean Air Act of 1990                             
----------------------------------------------------------------------------------------------------------------
                                                                                 Pollutant                      
                                                         -------------------------------------------------------
    Air quality control region and nonattainment area             SO2                                           
                                                         --------------------  PM-10     NO2       CO       O3  
                                                          Primary  Secondary                                    
----------------------------------------------------------------------------------------------------------------
AQCR 107:                                                                                                       
    Androscoggin County.................................      (a)       (b)       (a)      (a)      (a)      (g)
    Kennebec County.....................................      (a)       (b)       (a)      (a)      (a)      (g)
    Knox County.........................................      (a)       (b)       (a)      (a)      (a)      (g)
    Lincoln County......................................      (a)       (b)       (a)      (a)      (a)      (g)
    Waldo County........................................      (a)       (b)       (a)      (a)      (a)      (d)
    Oxford Cnty. (Part) See 40 CFR 81.320...............      (a)       (b)       (a)      (a)      (a)      (e)
    Franklin Cnty. (Part) See 40 CFR 81.320.............      (a)       (b)       (a)      (a)      (a)      (e)
    Somerset Cnty. (Part) See 40 CFR 81.320.............      (a)       (b)       (a)      (a)      (a)      (e)
AQCR 108:                                                                                                       
    Aroostook Cnty. (Part) See 40 CFR 81.320............      (a)       (b)       (c)      (a)      (a)      (a)
    Remainder of AQCR...................................      (a)       (b)       (a)      (a)      (a)      (a)
AQCR 109:                                                                                                       
    Hancock County......................................      (a)       (b)       (a)      (a)      (a)      (d)
    Millinocket.........................................      (e)       (e)       (a)      (a)      (a)      (a)
    Remainder of AQCR...................................      (a)       (b)       (a)      (a)      (a)      (a)
AQCR 110:                                                                                                       
    York County.........................................      (a)       (b)       (a)      (a)      (a)      (g)
    Cumberland County...................................      (a)       (b)       (a)      (a)      (a)      (g)
    Sagadahoc County....................................      (a)       (b)       (a)      (a)      (a)      (g)
    Oxford Cnty. (Part) See 40 CFR 81.320...............      (a)       (b)       (a)      (a)      (a)      (e)
AQCR 111................................................      (a)       (b)       (a)      (a)      (a)     (a) 
----------------------------------------------------------------------------------------------------------------
a Air quality levels presently below primary standards or area is unclassifiable.                               
b Air quality levels presently below secondary standards or area is unclassifiable.                             
c 12/31/94.                                                                                                     
d 11/15/94 (one-year extension granted).                                                                        
e 11/15/95.                                                                                                     
g 11/15/96.                                                                                                     

[60 FR 33352, June 28, 1995]

[[Page 491]]



Sec. 52.1025   Control strategy: Particulate matter.

    (a) The revisions to the control strategy resulting from the 
modification to the emission limitations applicable to the sources 
listed below or resulting from the change in the compliance date for 
such sources with the applicable emission limitation is hereby approved. 
All regulations cited are air pollution control regulations of the State 
unless otherwise noted. (See Sec. 52.1023 for compliance schedule 
approvals and disapprovals pertaining to one or more of the sources 
below.)

------------------------------------------------------------------------
                                                  Regulation     Date of
           Source                 Location         involved     adoption
------------------------------------------------------------------------
All sources subject to        Maine..........  100.3.1(b).....   3/29/73
 Regulation 100.3.1(b) with                                             
 a maximum heat input from                                              
 three million up to but not                                            
 including ten million Btu                                              
 per hour.                                                              
------------------------------------------------------------------------

    (b) The revision to the incinerator particulate emission standard 
submitted on August 26, 1976 is disapproved because of provisions 
therein which would interfere with the attainment and maintenance of 
national ambient air quality standards.
    (c) The revision to the incinerator particulate emission standard 
submitted on November 18, 1976 is disapproved because of provisions 
therein which would interfere with the attainment and maintenance of 
national ambient air quality standards.
    (d) The revision to the open burning regulation submitted on 
December 7, 1976 is disapproved because of provisions therein which 
would interfere with the attainment and maintenance of national ambient 
air quality standards.

[38 FR 22474, Aug. 21, 1973, as amended at 43 FR 14964, Apr. 10, 1978; 
43 FR 15424, Apr. 13, 1978; 47 FR 6830, Feb. 17, 1982]



Sec. 52.1026  Review of new sources and modifications.

    The program to review operation and construction of new and modified 
major stationary sources in non-attainment areas is approved as meeting 
the requirements of part D as amended by the CAAA of 1990.

[45 FR 10775, Feb. 19, 1980, as amended at 61 FR 5694, Feb. 14, 1996]



Sec. 52.1027  Rules and regulations.

    (a) Part D--Conditional Approval.
    (b) Non-Part D--No Action. EPA is neither approving nor disapproving 
the following elements of the revisions identified in 
Sec. 52.1020(C)(10):
    (1) Intergovernmental consultation.
    (2) Interstate pollution notification requirements.
    (3) Public notification requirements.
    (4) Conflict of Interest requirements.
    (5) Permit fees.

[45 FR 10775, Feb. 19, 1980, as amended at 45 FR 59314, Sept. 9, 1980]
Sec. 52.1028  [Reserved]



Sec. 52.1029  Significant deterioration of air quality.

    The program to review operation and construction of new and modified 
major stationary sources in attainment areas is approved as meeting the 
requirements of Part C.

[45 FR 6786, Jan. 30, 1980]



Sec. 52.1030  Control strategy: Sulfur oxides.

    (a) The revision to Regulation 100.6 (Chapter 106) ``Low Sulfur Fuel 
Regulation'' for the Metropolitan Portland Air Quality Control Region, 
submitted by the Governor of Maine on August 25, 1977, is approved with 
the exception of paragraph 100.6.5(b) which allows the Commissioner of 
the Department of Environmental Protection to grant variances to 
Regulation 100.6.

[47 FR 948, Jan. 8, 1982]




Sec. 52.1031  EPA-approved Maine regulations.

    The following table identifies the State regulations which have been 
submitted to and approved by EPA as revisions to the Maine State 
Implementation Plan. This table is for informational purposes only and 
does not have any independent regulatory effect. To determine regulatory 
requirements for

[[Page 492]]

a specific situation consult the plan identified in Sec. 52.1020. To the 
extent that this table conflicts with Secs. 52.1020, 52.1020 governs.

                                Table 52.1031--EPA-Approved Rules and Regulations                               
----------------------------------------------------------------------------------------------------------------
                                  Date        Date                                                              
   State       Title/Subject   adopted by   approved    Federal Register    52.1020                             
  citation                        State      by EPA         citation                                            
----------------------------------------------------------------------------------------------------------------
Chapter:                                                                                                        
  1........  Regulations for     02/08/84    03/23/93  58 FR 15430......  (c)(26)...   Portions of chapter 1.   
              the Processing                                                                                    
              of                                                                                                
              Applications..                                                                                    
  100......  ................      5/7/79      1/3/80  45 FR 6784.......  (c)(10)...  PSD Plan Only.            
  100......  Definitions         12/24/79     2/19/80  45 FR 10766......  (c)(11)...  ..........................
              Regulations.                                                                                      
                                   2/6/80                                             ..........................
  100......  Definitions.....     10/3/89     3/23/93  58 FR 15430......  (c)(26)...  All except for the        
                                                                                       definition of VOC in     
                                                                                       chapter 100(76). Note    
                                                                                       that this definition is  
                                                                                       approved in another      
                                                                                       paragraph below. In      
                                                                                       addition, Maine withdrew 
                                                                                       the definition of fuel   
                                                                                       burning equipment in     
                                                                                       chapter 100(29) from its 
                                                                                       SIP submittal. This      
                                                                                       definition is approved in
                                                                                       another paragraph below. 
             ................  ..........  ..........  .................  (c)(27)...  Approval of definition of 
                                                                                       VOC in chapter 100(76)   
                                                                                       only.                    
  100......  Definitions         11/26/91     6/21/93  58 FR 33768......  (c)(31)...  Revised ``volatile organic
              Regulations.                                                             compound (VOC)'' and     
                                                                                       ``federally              
                                                                                       enforceable.'' Added     
                                                                                       ``particulate matter     
                                                                                       emissions'' and ``PM10   
                                                                                       emissions.''             
  100......  Definitions.....     7/10/90     3/18/94  59 FR 12855......  (c)(29)...  Changes to the following  
                                                                                       definitions: Actual      
                                                                                       emissions, baseline      
                                                                                       concentration and fuel   
                                                                                       burning equipment in     
                                                                                       Chapter 100(1), (9), and 
                                                                                       (29).                    
  100......  Definitions.....      1/6/93     6/17/94  59 FR 31157......  (c)(33)...  Revised to add definitions
                                                                                       associated with VOC RACT 
                                                                                       rules.                   
100........  Definitions.....    11/10/93     1/10/95  60 FR 2526.......  (c)(34)...  Revised to add definitions
                                                                                       associated with emission 
                                                                                       statement rules.         
100........  Definitions.....     6/22/94     6/29/95  60 FR 33734......  36........  Gasoline marketing        
                                                                                       definitions added        
100........  Definitions          6/22/94     2/14/96  61 FR 5694.......  (c)(37)...  Addition of 1990 Part D   
              Regulation.                                                              NSR and other CAAA       
                                                                                       requirements.            
  101......  Visible             10/10/79     2/17/82  47 FR 6829.......  (c)(17)...  ..........................
              Emissions.                                                                                        
  102......  Open Burning....     1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
  103......  Fuel Burning         1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
              Equipment                                                                                         
              Particulate                                                                                       
              Emission                                                                                          
              Standard.                                                                                         
                                  1/24/83     2/26/85  50 FR 7770.......  (c)(19)...  ..........................
  104......  Incinerator          1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
              Particulate                                                                                       
              Emission                                                                                          
              Standard.                                                                                         
  105......  General Process      1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
              Source                                                                                            
              Particulate                                                                                       
              Emission                                                                                          
              Standard.                                                                                         
  106......  Low Sulfur Fuel.     1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
                                  2/08/78      1/8/82  47 FR 947........  (c)(15)...  Revised limits for        
                                                                                       Portland Peninsula only. 
  107......  Sulfur Dioxide       1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
              Emission                                                                                          
              Standards for                                                                                     
              Sulfite Pulp                                                                                      
              Mills.                                                                                            
  109......  Emergency            1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
              Episode                                                                                           
              Regulation.                                                                                       
109........  Emergency            8/14/91     1/12/95  60 FR 2887.......  (c)(28)...  Revisions which           
              Episode                                                                  incorporate the PM10     
              Regulation.                                                              alert, warning, and      
                                                                                       emergency levels.        

[[Page 493]]

                                                                                                                
  110......  Ambient Air           5/7/79     1/30/80  45 FR 6784.......  (c)(10)...  ..........................
              Quality                                                                                           
              Standards.                                                                                        
  110......  Ambient Air         10/25/89     3/23/93  58 FR 15430......  (c)(26)...  All of chapter 110 except 
              Quality                                                                  for chapter 110(2) which 
              Standards.                                                               is approved in another   
                                                                                       paragraph, below. Note   
                                                                                       that Maine did not submit
                                                                                       its Chromium standard in 
                                                                                       chapter 110(12) for      
                                                                                       approval.                
             ................  ..........  ..........  .................  (c)(27)...  Chapter 110(2) only.      
  110......  Ambient Air          7/10/90     3/18/94  59 FR 12855......  (c)(29)...  Addition of NO2 increments
              Quality                                                                  for class I and II areas 
              Standards.                                                               in Chapter 110(10). Note 
                                                                                       that class III increment 
                                                                                       in Chapter 110(10)(C)(3) 
                                                                                       is not part of submittal.
  111......  Petroleum Liquid      5/7/79     2/19/80  45 FR 10766......  (c)(11)...  ..........................
              Storage Vapor                                                                                     
              Control.                                                                                          
                                  9/27/89      2/3/92  57 FR 3948.......  (c)(30)...                            
  112......  Petroleum                        2/19/80  45 FR 10766......  (c)(11)...                            
              Liquids                                                                                           
              Transfer                                                                                          
              Recovery.                                                                                         
                                   5/7/79      3/5/82  47 FR 9462.......  (c)(16)...  Irving Oil, Searsport     
                                                                                       exempted.                
                                  7/22/86      2/2/87  52 FR 3117.......  (c)(22)...  Bulk Gasoline Terminal    
                                                                                       Test methods.            
                                  5/22/91      2/3/92  57 FR 3948.......  (c)(30)...  The exemption for Irving  
                                                                                       Oil Corporation in       
                                                                                       Searsport, Maine         
                                                                                       incorporated by reference
                                                                                       at 40 CFR 52.1020(c)(16) 
                                                                                       is removed.              
112........  Petroleum            6/22/94     6/29/95  60 FR 33734......  36........  Deleted exemption for tank
              liquids                                                                  trucks less than 3500    
              transfer                                                                 gallons                  
              recover.                                                                                          
  113......  Growth Offset         5/7/79     2/19/80  45 FR 10766......  (c)(11)...  Part of New Source Review 
              Regulation.                                                              program.                 
                                 12/18/85    12/23/86  51 FR 45886......  (c)(21)...  Deletes Thomaston.        
  113......  Growth Offset       10/25/89     3/23/93  58 FR 15430......  (c)(26)...  ..........................
              Regulation.                                                                                       
  113......  Growth Offset        7/10/90     3/18/94  59 FR 12855......  (c)(29)...  Change to Chapter         
              Regulation.                                                              113(II)(A) to include    
                                                                                       NO2.                     
113........  Growth Offset        6/22/94     2/14/96  61 FR 5694.......  (c)(37)...  Addition of 1990 Part D   
              Regulation.                                                              NSR requirements.        
  114......  Classification        5/7/79     1/30/80  45 FR 6874.......  (c)(10)...                            
              of Air Quality                                                                                    
              Control Regions.                                                                                  
  114......  Designation of      10/25/89     3/23/93  58 FR 15430......  (c)(26)...  All except for chapter    
              Air Quality                                                              114(11) and (111) which  
              Control Regions.                                                         are approved in another  
                                                                                       paragraph below.         
             ................  ..........  ..........  .................   (c)(27)..   Chapter 114(11)and (111) 
                                                                                       only.                    
  114......  Classification       4/27/94    Aug. 30,  60 FR 45060......  (c)(40)...  Revision to remove Presque
              of Air Quality                     1995                                  Isle as nonattainment for
              Control Regions.                                                         PM10.                    
  115......  Emission License      5/7/79     1/30/80  45 FR 6784.......  (c)(10)...  PSD                       
              Regulation..                                                                                      
               ..............    12/24/79     2/19/80  45 FR 10766......  (c)(11)...  New Source Review.        
               ..............    10/25/89     3/23/93  58 FR 15430......  (c)(26)...  Note Maine did not submit 
                                                                                       references to            
                                                                                       nonregulated pollutants  
                                                                                       for approval. Also note  
                                                                                       that this chapter was    
                                                                                       formerly chapter 108.    
  115......  Emission License     7/10/90     3/18/94  59 FR 12855......  (c)(29)...  Changes to Chapter        
              Regulation.                                                              115(I)(B), (VII)(A),     
                                                                                       VII)(B)(3), and          
                                                                                       (VII)(D)(3) to remove    
                                                                                       Chapter 108 and to       
                                                                                       incorporate NO2          
                                                                                       increments requirements. 

[[Page 494]]

                                                                                                                
115........  Emission License     6/22/94     2/14/96  61 FR 5694.......  (c)(37)...  Addition of 1990 Part D   
              Regulation.                                                              NSR and other CAAA       
                                                                                       requirements.            
  116......  Prohibited          10/25/89     3/23/93  58 FR 15430......  (c)(26)...                            
              Dispersion                                                                                        
              Techniques..                                                                                      
  117......  Source                8/9/88     3/21/89  54 FR 11525......  24........                            
              Surveillance.                                                                                     
118........  Gasoline             6/22/94     6/29/95  60 FR 33734......  36........  ..........................
              Dispensing                                                                                        
              Facilities.                                                                                       
  119......  Motor Vehicle        9/27/89      5/3/90  55 FR 20603......  (c)(25)...  ..........................
              Fuel Volatility                                                                                   
              Limit.                                                                                            
120........  Gasoline Tank        6/22/94     6/29/95  60 FR 33734......  35........  ..........................
              Trucks.                                                                                           
  123......  Paper Coater         9/27/89      2/3/92  57 FR 3949.......  (c)(30)...  The operating permits for 
              Regulation.                                                              S.D. Warren of Westbrook,
                                                                                       Eastern Fine Paper of    
                                                                                       Brewer, and Pioneer      
                                                                                       Plastics of Auburn       
                                                                                       incorporated by reference
                                                                                       at 40 CFR Sec.  52.1020  
                                                                                       (c)(11), (c)(11), and    
                                                                                       (c)(18), respectively,   
                                                                                       are withdrawn.           
  126......  Capture              5/22/91     3/22/93  58 FR 15282......  (c)(32)...                            
              Efficiency Test                                                                                   
              Procedures.                                                                                       
  129......  Surface coating       1/6/93     6/17/94  59 FR 31157......  (c)(33)...  Includes surface coating  
              Facilities.                                                              of: Cans, fabric, vinyl, 
                                                                                       metal furniture, flatwood
                                                                                       paneling, and            
                                                                                       miscellaneous metal parts
                                                                                       and products.            
  130......  Solvent               1/6/93     6/17/94  59 FR 31157......  (c)(33)...                            
              Degreasers.                                                                                       
  131......  Cutback and           1/6/93     6/17/94  59 FR 31157......  (c)(33)...                            
              Emulsified                                                                                        
              Asphalt.                                                                                          
  132......  Graphic Arts:         1/6/93     6/17/94  59 FR 31157......  (c)(33)...                            
              Rotogravure and                                                                                   
              Flexography.                                                                                      
133........  Gasoline Bulk        6/22/94     6/29/95  60 FR 33734......  36........  ..........................
              Plants.                                                                                           
137........  Emission            11/10/93     1/10/95  60 FR 2526.......  (c)(34)...                            
              Statements.                                                                                       
138........  Reasonably            8/3/94    December  60 FR 66755......  (c)(41)...  Affects sources only in   
              Available                      26, 1995                                  Oxford, Franklin,        
              Control                                                                  Somerset, Piscataquis,   
              Technology For                                                           Penobscot, Washington,   
              Facilities That                                                          Aroostook, Hancock and   
              Emit Nitrogen                                                            Waldo Counties (excepted 
              Oxides.                                                                  portions of rule include 
                                                                                       Sections 1.A.1. and      
                                                                                       3.B.).                   
----------------------------------------------------------------------------------------------------------------
Note.--1. The regulations are effective statewide unless stated otherwise in comments section.                  

(Secs. 110(a) and 301(a) of the Clean Air Act, as amended (42 U.S.C. 
7410(a) and 7601(a)))

[50 FR 3336, Jan. 24, 1985, as amended at 50 FR 7770, Feb. 26, 1985; 51 
FR 45886, Dec. 23, 1986; 52 FR 3117, Feb. 2, 1987; 54 FR 11525, Mar. 21, 
1989; 55 FR 20603, May 18, 1990; 57 FR 3948, Feb. 3, 1992; 58 FR 15282, 
Mar. 22, 1993; 58 FR 15430, Mar. 23, 1993; 58 FR 33768, June 21, 1993; 
59 FR 12855, Mar. 18, 1994; 59 FR 31157, June 17, 1994; 60 FR 2526, Jan. 
10, 1995; 60 FR 2887, Jan. 12, 1995; 60 FR 33734, June 29, 1995; 60 FR 
45059, Aug. 30, 1995; 60 FR 66755, Dec. 26, 1995; 61 FR 5694, Feb. 14, 
1996]



Sec. 52.1033  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met because the plan does not include approvable procedures for meeting 
all of the requirements of 40 CFR 51.302 or 51.306 for the protection of 
visibility in mandatory class I Federal areas.
    (b)  [Reserved]
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated into the applicable plan for the State of Maine.

[52 FR 45138, Nov. 24, 1987, as amended at 58 FR 15431, Mar. 23, 1993]

[[Page 495]]



Sec. 52.1034  Stack height review.

    The State of Maine has declared to the satisfaction of EPA that no 
existing emission limitations have been affected by stack height credits 
greater than good engineering practice or any other prohibited 
dispersion techniques as defined in EPA's stack height regulations as 
revised on July 8, 1985. Such declarations were submitted to EPA on 
December 17, 1985; May 30, 1986; October 2, 20, and 24, 1986; August 6, 
1987; September 8 and 30, 1988.

[54 FR 8190, Feb. 27, 1989]



Sec. 52.1035  Requirements for state implementation plan revisions relating to new motor vehicles.

    Maine must comply with the requirements of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]



                           Subpart V--Maryland



Sec. 52.1070  Identification of plan.

    (a) Title of plans:
    (1) ``Plan for Implementation of Ambient Air Quality Standards in 
Cumberland, Maryland-Keyser, West Virginia, Interstate Air Quality 
Control Region.''
    (2) ``Plan for Implementation of Ambient Air Quality Standards in 
the Central Maryland Intrastate Air Quality Control Region.''
    (3) ``Plan for Implementation of Ambient Air Quality Standards in 
the Metropolitan Baltimore Intrastate Air Quality Control Region.''
    (4) ``Plan for Implementation of Ambient Air Quality Standards in 
the Maryland portion of the National Capital Interstate Air Quality 
Control Region.''
    (5) ``Plan for Implementation of Ambient Air Quality Standards in 
the Southern Maryland Intrastate Air Quality Control Region.''
    (6) ``Plan for Implementation of Ambient Air Quality Standards in 
the Eastern Shore Intrastate Air Quality Control Region.''
    (b) The plans were officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory additions and errata to the plan 
submitted on February 25, 1972, by the Maryland Bureau of Air Quality 
Control.
    (2) Clarification of emission data submitted on March 3, 1972, by 
the Maryland Bureau of Air Quality Control.
    (3) Final State emission limitations, Regulations 10.03.35-10.03.41 
of the Maryland Air Pollution Control Regulations, submitted on April 4, 
1972, by the Maryland Bureau of Air Quality Control.
    (4) Miscellaneous non-regulatory corrections and additions to the 
plan submitted on April 28, 1972, by the Maryland Bureau of Air Quality 
Control.
    (5) Miscellaneous non-regulatory corrections and additions to the 
plan submitted on May 8, 1972, by the Maryland Bureau of Air Quality 
Control.
    (6) Revision establishing unsuitable sites for construction of power 
plants submitted July 27, 1972, by the Maryland Department of Natural 
Resources.
    (7) Transportation control plan for Metropolitan Baltimore and 
National Capital AQCR Submitted on April 16, 1973, by the Governor.
    (8) Amendments to the Maryland Transportation Control Plans 
submitted on May 5, 1973, by the Governor.
    (9) Amendments to the Maryland Transportation Control Plans 
submitted on June 15, 1973, by the Governor.
    (10) Amendments to the Maryland Transportation Control Plans 
submitted on June 22, 1973, by the Governor.
    (11) Amendments to the Maryland Transportation Control Plans 
submitted on June 28, 1973, by the Governor.
    (12) Amendments to the Maryland plan for attainment and maintenance 
of secondary SO2 standard for Metropolitan Baltimore AQCR submitted 
on July 31, 1973, by the Governor.
    (13) Amendment to Maryland regulations 10.03.38.04J and 10.03.39.04J 
covering gasoline handling vapor control submitted on April 24, 1974, by 
the Governor of Maryland.
    (14) Request for regulations 10.03.38.06G(2) and 10.03.39.06G(2) to 
be withdrawn from consideration submitted on November 29, 1974, by the 
Governor of Maryland.
    (15) Amendments to Maryland Regulations 10.03.36, 10.03.37, 
10.03.39, 10.03.40 and 10.03.41; deleting subsection .04B(3), which 
requires the lowering of the allowable sulfur-in-fuel limitation to 0.5

[[Page 496]]

percent submitted on December 11, 1974 by the Governor.
    (16) Amendment to Sections .04J(1) and .04J(2) of Maryland 
Regulations 10.03.38 and 10.03.39 (vapor recovery, Stage I); submitted 
on April 24, 1974, and amended on July 1, 1975 by the Governor.
    (17) Amendment to Sections .04B(1) and .04B(2) of Maryland 
Regulations 10.03.37, 10.03.40 and 10.03.41 (allowable sulfur content in 
fuel); submitted on July 1, 1975 by the Governor.
    (18) Amendment to Maryland Regulation 10.03.38, deleting subsection 
.04B(3), which requires the lowering of the allowable sulfur-in-fuel 
limitation to 0.5 percent, submitted on December 11, 1974 by the 
Governor.
    (19) Amendments to Sections .03 (Air Pollution Episode System), .06 
(Test Methods) and .11 (Permits); and deletion of Section .04 (Prior 
Registration of Proposed Installations) of Maryland Regulation 10.03.35 
(Regulations Governing Air Pollution Control in the State of Maryland); 
amendments to Sections .03 (Control of Particulate Emissions), .04 
(Control and Prohibition of oxides of nitrogen emissions), and 
associated tables of Maryland Regulations 10.03.36, 10.03.37, 10.03.40, 
and 10.03.41 (Regulations Governing Air Pollution Control in the 
Cumberland-Keyser, Central Maryland, Southern Maryland, and Eastern 
Shore AQCRs); amendments to Sections .03 (Control and Prohibition of 
Particulate Emissions), .04 (Control and Prohibition of Hydrocarbons 
andOxides of Nitrogen Emissions) and .06 (Control and Prohibition of 
Installations and Operations) and associated tables of Maryland 
Regulations 10.03.38 and 10.03.39 (Regulations Governing Air Pollution 
Control in the Metropolitan Baltimore and National Capital AQCRs); 
submitted on April 24, 1974 by the Governor.
    (20) Amendments to Sections .01 (Definitions), .04 (Ambient Air 
Quality Standards (former Section .05 of Regulations)), 10.03.36 through 
10.03.41 (Regulations Governing Control of Air Pollution in the State of 
Maryland); amendments to Sections .01 (Control and Prohibition of Open 
Burning), .02 (Control and Prohibition of Particulate Emissions), .03 
(Control and Prohibition of Sulfur Oxides, Hydrocarbons and Oxides of 
Nitrogen Emissions), and .06 (Control and Prohibition of Installations 
and Operations) of Maryland Regulations 10.03.36, 10.03.37, 10.03.40, 
and 10.03.41 (Regulations Controlling Air Pollution in the Cumberland-
Keyser, Central Maryland, Southern Maryland and Eastern Shore AQCRs); 
amendments to Section .02 (Control and Prohibition of Visible 
Emissions), .03 (Control and Prohibition of sulfur oxides, hydrocarbons, 
and oxides of nitrogen emissions), and .06 (Control and Prohibition of 
Installations and Operations) of Maryland Regulations 10.03.38 and 
10.03.39 (Regulations Controlling Air Pollution in the Metropolitan 
Baltimore and National Capital AQCRs); submitted on December 11, 1974 by 
the Governor.
    (21) Amendments to Section .11 (Permits) of Maryland Regulation 
10.03.35 (Regulations Governing Control of Air Pollution in the State of 
Maryland); amendments to Section .04 (Control and prohibition of sulfur 
oxides emissions) of Maryland Regulations 10.03.36, 10.03.37, 10.03.40 
and 10.03.41 (Regulations Governing Air Pollution Control in the 
Cumberland-Keyser, Central Maryland, Southern Maryland and Eastern Shore 
AQCR's); deletion of Section .03D(1) (Control of particulate matter from 
grain drying installations) from Maryland Regulations 10.03.36, 
10.03.37, 10.03.40 and 10.03.41; deletion of Section .03D (Control of 
particulate matter from grain drying installations) from Maryland 
Regulations 10.03.38 and 10.03.39 (Regulations Governing Air Pollution 
Control in the Metropolitan Baltimore and National Capital AQCR's) 
submitted by the Governor on July 1, 1975.
    (22) A Consent Order for the Chalk Point power plant issued by the 
Circuit Court for Montgomery County on February 27, 1978.
    (23) Amendments to Sections .01 (Definitions), .03 (Air Pollution 
Episode System), .06 (Test Methods) and .12 (Emission Test Methods); and 
deletion of Section .08 (Penalties and Plans for Compliance) of 
Regulation 10.03.35 (Regulations Governing Air Pollution Control in the 
State of Maryland); amendments to Table 1 (Emission Standards for New 
Fuel Burning Equipment) of Maryland Regulations 10.03.36

[[Page 497]]

through 10.03.41; amendments to Section .04 (Control and Prohibition of 
Gas and Vapor Emissions) and .06 (Control and Prohibition of 
Installations and Operations; and deletion of Section. .03E (Process 
Weight Requirements) and .07 (Transition from Previous Regulations) of 
Maryland Regulation 10.03.38 (Regulation Governing Air Pollution Control 
in the Metropolitan Baltimore AQCR); amendments to Section .01 (Control 
of Open Fires) and .04 (Control of Gas and Vapor Emissions; and deletion 
of Sections .03E (Process Weight Requirements) and .07 (Transition from 
Previous Regulations) of Maryland Regulation 10.03.39 (Regulation 
Governing Air Pollution Control in the Maryland Portion of the National 
Capital Interstate AQCR) submitted on February 10, 1977 by the Governor.
    (24) Amendments to Maryland Regulation 10.03.35 through 10.03.41 
inclusive which supplement the English System measurement with 
equivalent metric units submitted on February 10, 1977 by the Governor.
    (25) Consent Order dated July 28, 1978 between the Potomac Electric 
Power Company and the Department of Health and Mental Hygiene of the 
State of Maryland in the Circuit Court for Montgomery County (No. 
49352--Equity) submitted on August 8, 1978 by Acting Governor Blair Lee.
    (26) Consent Orders for Beall Jr./Sr. High School and Mount St. 
Mary's College issued by the Secretary of the Maryland Department of 
Health and Mental Hygiene on January 30, 1979 and March 8, 1979 
respectively.
    (27) Amendments to Sections .01, .07, and .11 of Maryland Regulation 
10.18.01 as submitted on January 19, 1979 by the Governor.
    (28) Amendments to Sections .03D, .03F, .03H, .06I of Maryland 
Regulation 10.18.04 and 10.18.05 as submitted on January 19, 1979 by the 
Governor.
    (29) Variances from Maryland regulations 10.18.04.02(A), 
10.18.04.03(B)(3), and 10.18.04.04(B)(1) relating to visible emissions, 
particulate matter from solid fuel burning equipment and prohibition of 
usage of fuel with sulfur content in excess of one percent by weight, 
respectively. The variance request was submitted on October 24, 1979 by 
the Governor of Maryland.
    (30) Consent orders submitted by the Governor on July 16, 1975, 
November 18, 1977, and by the Administrator, Air Quality Programs on 
June 15, 1979 granting the Westvaco Corporation an exception to 
Regulation COMAR 10.18.02.04B.
    (31)-(32) [Reserved]
    (33) A consent order amending regulation 10.18.07, 10.18.07.02B, 
10.18.07.03B(2)a, for the Firestone Plastics Co., Inc., Perryville, 
Maryland, submitted on December 1, 1978, by the Maryland Environmental 
Health Administration.
    (34) Amendment to Maryland regulations 10.18.05.03(B)(2), 
10.18.05.02(A), and 10.18.05.03(B)(1)(a) relating to relaxation of 
particulate emissions, visible emissions and waiving of particulate 
control equipment requirement for the Chalk Point Generating Station 
Unit 3. The amendment, a Secretarial Order, was submitted on 
August 13, 1979 by the State of Maryland.
    (35) Variance from Maryland regulation 10.18.04.02(A) relating to 
visible emissions and allowing a maximum visible emission of 25% 
opacity. This variance expires on September 11, 1982. The variance 
request was submitted on September 27, 1979 by the State of Maryland.
    (36) Amendments to Sections .01 (Definitions), .04 (Ambient Air 
Quality Standards), and .11 (Permits) of Maryland Regulation 10.18.01 
(Regulations Governing Control of Air Pollution in the State of 
Maryland); and amendments to Section .02 (Control and Prohibition of 
Visible Emissions) of Maryland Regulations 10.18.04 and 10.18.05 
(Regulations Governing Air Pollution Control in the Metropolitan 
Baltimore and National Capital AQCRS's) submitted by the Governor on 
September 26, 1979.
    (37) Amendments to Section .04J(3)a and .04J(3)b (Organic Compounds) 
of Maryland Regulations 10.18.04 and 10.18.05; submitted on February 10, 
1977 by the Governor.
    (38) Deletion of Section .06G(2) (Control and Prohibition of 
Photochemically Reactive Organic Compounds from sources existing on or 
before February 12, 1974) of Maryland Regulations

[[Page 498]]

10.18.04 and 10.18.05; submitted on December 10, 1979 by the Governor.
    (39) Deletion of Sections .06G(1) and .06G(3) (Control and 
Prohibition of Photochemically Reactive Organic Materials From Sources 
Built or Modified after February 12, 1974) of Maryland Regulations 
10.18.04 and 10.18.05 from the Maryland State Implementation Plan (SIP).
    (40) Letter of January 21, 1980 from Maryland to EPA explaining the 
State's interpretation of the scope of coverage of Maryland Regulation 
10.18.04.04J.
    (41) Amendments to Sections .06 of Maryland Regulation 10.18.04 and 
10.18.05 as submitted on January 19, 1979 by the Governor.
    (42) Amendment to Section .01(y) of Maryland Regulation 10.18.01 as 
submitted on December 10, 1979 by the Governor.
    (43) Amendments to Regulations 10.18.04 and 10.18.05; Sections 
.04J(1)c, .04J(1)d, .04J(1)e(i), .04J(1)f, .04J(1)g, .04J(1)h, 
.04J(1)i(i), .04J(3)d, .04J(4)a, .04J(4)b, and .04J(5) a through j; 
submitted on January 19, 1979, and amended on September 26, 1979 by the 
State of Maryland.
    (44) A revision submitted by the State of Maryland on December 20, 
1979 which is intended to establish an Ambient Air Quality Monitoring 
Network.
    (45) Recodification of the Maryland Regulations submitted by the 
State of Maryland on May 22, 1980.
    (46) Amendments to section .04D(4) of COMAR 10.18.04 and COMAR 
10.18.05 establishing a revised sulfur oxides emissions limitation for 
all existing solid fuel-fired, cyclone type fuel burning equipment 
having an actual heat input in excess of 1,000 million Btu/hour; 
submitted on February 20, 1980 by the Governor.
    (47) October 1, 1980 letter from George P. Ferreri, Maryland Office 
of Environmental Programs to James E. Sydnor, EPA, certifying that the 
Baltimore Gas & Electric Company's C. P. Crane Generating Station is the 
sole facility to which COMAR 10.18.04.04D(4) and 10.18.05.04D(4) would 
apply.
    (48) A revision submitted by the State of Maryland on 9/10/80 
consisting of a variance issued to the General Refractories Company of 
Baltimore, Maryland exempting the Company from the ``No Visible 
Emissions'' requirements of COMAR 10.18.04.02A for aperiod of three (3) 
years commencing 9/2/80.
    (49) A revision submitted by the State of Maryland on November 3, 
1980 consisting of a Consent Agreement (Order) between the State of 
Maryland and the Maryland Slag Company decreasing the particulate matter 
emission limitation for the Company.
    (50) A revision submitted by the State of Maryland on October 24, 
1979 consisting of amendments to the following regulations:

    COMAR 10.18.01 as recodified in 40 CFR 52.1070(c)(45), 10.18.02 as 
recodified in 40 CFR 52.1070(c)(45), 10.18.03 as recodified in 40 CFR 
52.1070(c)(45), 10.18.04 as recodified in 40 CFR 52.1070(c)(45), 
10.18.05 as recodified in 40 CFR 52.1070(c)(45), 10.18.06 as recodified 
in 40 CFR 52.1070(c)(45), 10.18.07 as recodified in 40 CFR 
52.1070(c)(45).

    (51) A revision submitted by the State of Maryland on May 22, 1980, 
consisting of changes in definitions in sections 10.18.01.01 and 
revoking of obsolete regulations, COMAR 10.03.38.04 B(4) and 10.03.39.04 
B(4).
    (52) A revision submitted by the State of Maryland on April 24, 
1974, consisting of changes in COMAR 10.03.35.06 A(1) and 10.03.35.06 
A(3).
    (53) A revision submitted by the State of Maryland on December 10, 
1979, consisting of changes in Sections .01 and .11 of COMAR 10.18.01, 
and in Sections .05 and .07 of COMAR 10.18.02, 10.18.03, 10.18.04, 
10.18.05, 10.18.06 and 10.18.07.
    (54) A revision submitted by the State of Maryland on October 17, 
1980, consisting of an exception to COMAR 10.18.06.02B for the Maryland 
Cup Corporation.
    (55) A revision submitted by the State of Maryland on August 7, 1981 
consisting of an exception to COMAR 10.18.09.07A(2)(c) for the Reading-
Whitehall Paperboard Company.
    (56) A Secretarial order submitted by the State of Maryland on June 
23, 1981 consisting of a variance issued to the Potomac Electric Power 
Company at Dickerson, Maryland exempting the company from the ``no 
visible emissions'' requirements of COMAR 10.18.09.05A(2) until five 
years from the date of approval by EPA.

[[Page 499]]

    (57) A Secretarial order submitted by the State of Maryland on July 
17, 1981 consisting of a various issued to the American Cyanamid 
Company, Havre de Grace, Maryland from the ``no visible emissions'' 
requirement of COMAR 10.18.06.02B until July 8, 1986.
    (58) Amendments to COMAR 10.18.01, 10.18.06, 10.18.08, 10.18.09, 
10.18.11, 10.18.12, 10.18.13, 10.18.14, 10.18.21, and Technical 
Memorandum TM-116 (amended November 1980) as submitted by the Governor 
on May 18, 1981.
    (59) Addition of Maryland Regulation 10.18.06.14 (Control of PSD 
sources) which incorporates by reference the Federal prevention of 
significant deterioration (PSD) requirements set forth in 40 CFR 52.21; 
submitted on June 24, 1981 by the Governor.
    (60) A State Implementation Plan for the control of lead (Pb) 
emissions submitted on October 23, 1980 by the Governor.
    (61) A letter containing supplemental clarifying information with 
respect to the State's control strategy demonstration; submitted on July 
27, 1981 by the Maryland Air Management Administration.
    (62) A revised Secretarial order controlling lead emissions from the 
Mobay Chemical Corporation's frit manufacturing plant in Baltimore, 
Maryland; submitted December 16, 1981 by the Maryland Air Management 
Administration.
    (63) A revision submitted by the State of Maryland on October 8, 
1981 detailing a plan for satisfying requirements of sections 121 and 
127 of the Clean Air Act Amendments of 1977.
    (64) A revision submitted by the State of Maryland on November 18, 
1981, consisting of a Modified Amended Consent Order for Potomac 
Electric Power Company's Chalk Point generating station.
    (65) A Secretarial order stating the terms under which a 
construction permit for a new source in a nonattainment area will be 
issued by the Northeast Maryland Waste Disposal Authority to 
Wheelabrator-Frye, Inc. to construct and operate a municipal 
incinerator; submitted on December 22, 1981 by the Director, Maryland 
Air Management Administration, Department of Health and Mental Hygiene.
    (66) An amendment to Code of Maryland Air Regulation (COMAR) 
10.18.08.05A(1) revising the method for calculating particulate 
emissions from incinerators located in the Cumberland-Keyser, Central 
Maryland, Southern Maryland and Eastern Shore Air Quality Control 
Regions (AQCR's), submitted on January 11, 1982 by the Governor.
    (67) Code of Maryland Air Regulations (COMAR) 10.18.10 (Control of 
Iron and Steel Production Installations); Technical Memorandum AMA-TM 
81-04: Amendment to AMA-TM 73-116; Amendments to COMAR 10.18.01.01 
(General Administrative Regulations--Definitions) and COMAR 10.18.06.02 
(General Emission Standards, Prohibitions and Restriction); and a New 
Amended Plan for Compliance for the Bethlehem Steel Corporation's 
Sparrows Point, Maryland Plant; submitted on August 11, 1981 by the 
Governor.
    (68) The revised Health-Environmental Article of the Annotated Code 
of Maryland, submitted on July 2, 1982 by the Director, Maryland Air 
Management Administration, Department of Health and Mental Hygiene.
    (69) A revision submitted by the State of Maryland on November 15, 
1982, consisting of an extension to the previous visible emission 
exception to COMAR 10.18.01.08 (Exception to Visible Emission 
Requirements) for the Maryland Cup Corporation. The exception is renewed 
until September 11, 1987.
    (70) A modified Secretarial order stating the terms under which a 
construction permit for a new source in a nonattainment area will be 
issued to Wheelabrator-Frye, Inc. who will construct, own, and operate a 
municipal incinerator; submitted on March 17, 1983 by the Director, 
Maryland Air Management Administration, Department of Health and Mental 
Hygiene.
    (71) Plan Revision, excluding the schedules for additional VOC 
controls and the required Vehicle Emissions Inspection Program, 
providing for attainment of the Ozone and Carbon Monoxide Standards, 
submitted by the State on July 1, 1982 for the Metropolitan Baltimore 
Intrastate Air Quality Control Region (AQCR) and November 5, 1982 for 
the Maryland portion of the

[[Page 500]]

National Capital Interstate AQCR. On May 4, 1983, and June 13 and 16, 
1983, the State submitted amended I/M regulations. A revised schedule 
for the adoption of controls for VOC sources was submitted on December 
23, 1983.
    (72) Amendments to Code of Maryland Regulations (COMAR) 10.18.01, 
.02, .06, .11, .13, and .21 which apply to air quality control areas III 
and IV, submitted on August 22, 1983.
    (73) A revision submitted by the State of Maryland on July 12, 1983, 
consisting of a plan for Compliance for the J.L. Clark Manufacturing 
Company in Havre De Grace.
    (74) A Consent Order granting the Westvaco Corporation a sulfur 
dioxide (SO2) emissions limitation which is equivalent to COMAR 
10.18.09. 07(A)(1)(a); submitted on September 7, 1983, as amended on 
February 7, 1984 by the Maryland Air Management Administration.
    (75) Revision submitted by the State of Maryland on December 13, 
1983 consisting of a Plan for Compliance for the General Motors 
Corporation, GM Assembly Division, Baltimore City Plant.
    (76) Revision submitted by the State of Maryland on December 13, 
1983 consisting of a Plan for Compliance for the American Can Company, 
Baltimore City.
    (77) Revision submitted by the State of Maryland on December 13, 
1983 consisting of a Plan for Compliance for the National Can 
Corporation, Baltimore County.
    (78) Revision submitted by the State of Maryland on April 6, 1984 
consisting of a Plan for Compliance for the Crown Cork and Seal Company, 
Inc., Baltimore City.
    (79) Revision submitted by the State of Maryland on April 6, 1984 
consisting of a Plan for Compliance for the Continental Can Company, 
Baltimore City.
    (80) A revision submitted by the State of Maryland on January 26, 
1984, and May 25, 1984 consisting of amendments to change the State's 
stationary source stack testing procedures document and to correct a 
State procedural defect relating to procedures for observing visible 
emissions from iron and steel facilities.
    (81) [Reserved]
    (82) Revisions to the Code of Maryland Regulations (COMAR) were 
submitted by the Director of the Maryland Air Management Administration 
of March 14, 1984.
    (i) Incorporation by reference. (A) Amendments to COMAR 10.18.02 
(Permits, Approvals and Registration) and COMAR 10.18.08 (Control of 
Incinerators), as published in the Maryland Register on February 3, 1984 
(proposed on November 11, 1983).
    (ii) Additional material. (A) Letter from the MAMA dated November 
29, 1984 clarifying that permit applications would only be accepted from 
incinerators subject to the hazardous waste facility regulations and 
that hazardous waste facility permits would be treated as air quality 
permits for all purposes.
    (83) Revisions to the Code of Maryland Regulations (COMAR) were 
submitted by the Director of the Maryland Air Management Administration 
on March 14, 1984.
    (i) Incorporation by reference.
    (A) Amendments to COMAR 10.18.09 (Control of Fuel Burning Equipment 
and Stationary Internal Combustion Engines), as published in the 
Maryland Register on March 2, 1984.
    (ii) Additional information.
    (A) Letter from MAMA dated November 29, 1984 clarifying that a 
permit cannot be issued for the sources unless they undergo new source 
review as under COMAR 10.18.02 (Permits, Approvals and Registration).
    (84) [Reserved]
    (85) Revisions to the Ozone Attainment Plan were submitted by the 
Director, Maryland Air Management Administration, on August 1, 1984.
    (i) Incorporation by reference.
    (A) State Secretarial Order for the Monarch Manufacturing Company 
located in Belcamp, Maryland, allowing interim VOC emission standards to 
be used by the Company until source-specific regulations are developed 
by MAMA. The Company shall come into compliance with the source-specific 
regulations within six months after their adoption. The Secretarial 
Order was approved on July 23, 1984.

[[Page 501]]

    (86) Revisions submitted on March, 1, 1989 by the Secretary, 
Maryland Department of the Environment, amending the Code of Maryland 
Air Regulations (COMAR) 10.18.21.10 (Graphic Arts) and COMAR 10.18.21.13 
(Miscellaneous Metal Coating, Interior Sheet Drum Lining).
    (i) Incorporation by reference.
    (A) Revisions to COMAR 10.18.21.10, pertaining to graphic arts, and 
COMAR 10.18.21.13, pertaining to miscellaneous metal coating, interior 
sheet drum lining. These revisions were adopted by the Secretary of 
Health and Mental Hygiene on June 10, 1987and became effective on August 
10, 1987.
    (ii) Additional information.
    (A) Letter of June 30, 1987 from George P. Ferreri, Director, 
Maryland Air Management Administration, to Thomas J. Maslany, EPA Region 
III, forwarding revisions to COMAR 10.18.21.10 and COMAR 10.18.21.13.
    (B) Letter of March 13, 1989 from George P. Ferreri, Director, 
Maryland Air Management Administration to Stanley L. Laskowski, Acting 
Regional Administrator, EPA Region III, clarifying information with 
respect to the adopted and effective dates of the revisions to COMAR 
10.18.21.10 and COMAR 10.18.21.13.
    (87) A revision submitted by the Secretary, Maryland Department of 
Health and Mental Hygiene on March 30, 1987, consisting of amendments to 
the Good Engineering Practice (GEP) Stack Height Regulations, COMAR 
10.18.01.08 (Determination of Ground Level Concentrations--Acceptable 
Techniques).
    (i) Incorporation by reference.
    (A) Letter of March 30, 1987 from the Secretary, Maryland Department 
of Health and Mental Hygiene.
    (B) COMAR 10.18.01.08 (Determination of Ground Level 
Concentrations--Acceptable Techniques), which was adopted by the 
Maryland Department of Health and Mental Hygiene on January 23, 1987.
    (ii) Additional information.
    (A) None.
    (88) Revisions to the Maryland State Implementation Plan submitted 
by the Secretary, Maryland Department of the Environment, on October 30, 
1989 as they apply to distributors and retailers of gasoline.
    (i) Incorporation by reference. (A) Letter from the Secretary of the 
Environment, Maryland Department of the Environment dated October 30, 
1989, submitting a revision to the Maryland State Implementation Plan.
    (B) Amended Regulation .01 and new Regulation .06 under the Code of 
Maryland Air Regulations (COMAR) 26.11.13, Control of Gasoline and 
Volatile Organic Compounds Storage and Handling limiting the RVP of 
gasoline to 9.0 psi from May 1 through September 15. The amendments to 
COMAR 26.11.13.01 and the addition of COMAR 26.11.13.06 were effective 
on December 3, 1989 in the State of Maryland.
    (ii) Additional Materials--Remainder of State submittal
    (89) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on June 30, 1987.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated June 
30, 1987 submitting a revision to the Maryland State Implementation Plan 
pertaining to the definitions of true vapor pressure and vapor pressure.
    (B) Maryland Register Volume 13, page 2048; COMAR 10.18.01.01 
Definitions V-1. and X-1 (Now recodified as COMAR 26.11.01.01 Z. and 
CC.).
    (90) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on March 21, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated March 
21, 1991 submitting a revision to the Maryland State Implementation 
Plan.
    (B) Recodified Maryland Regulations, revised effective August 1, 
1988.
    (1) COMAR 26.11.01.01A. through J., L., O. through BB., DD. (except 
for ``ammonium carbonates''); COMAR 26.11.01.02 through 26.11.01.09.
    (2) COMAR 26.11.02.01 through 26.11.02.03A.(6)(o), 26.11.02.03A.(7) 
through 26.11.02.09, 26.11.02.10A., 10E., 26.11.02.11A., .11B.(2)-(3), 
11C., 26.11.02.12 through 26.11.02.16.
    (3) COMAR 26.11.03.01 through 26.11.03.03, 26.11.03.05 through 
26.11.03.08.
    (4) COMAR 26.11.05--(Entire Chapter).

[[Page 502]]

    (5) COMAR 26.11.06.03A.-.03C.; 26.11.06.05, 26.11.06A., .06C., .06D; 
26.11.06.10, 26.11.06.11, 26.11.06.15, 26.11.06.16.
    (6) COMAR 26.11.07.01 through 26.11.07.04, 26.11.07.05A. (1), (2), 
26.11.07.05A.(5) through .05A.(7), 26.11.07.05B (1), (2), (4), (5).
    (7) COMAR 26.11.09.01 through 26.11.09.04, 26.11.09.05B., 
26.11.09.06 through 26.11.09.09.
    (8) COMAR 26.11.10--Entire chapter except for COMAR 
26.11.10.03B.(3).
    (9) COMAR 26.11.11--Entire chapter except for COMAR 26.11.11.04A(1)-
(4).
    (10) COMAR 26.11.12--Entire Chapter.
    (11) COMAR 26.11.13.01 (definitions of ``external floating roof,'' 
``gasoline,'' ``internal floating roof,'' ``liquid-mounted seal,'' 
``metallic-type shoe seal,'' ``rim-mounted secondary seal,'' ``shoe 
mounted secondary seal,'' ``tank truck,'' ``vapor control system,'' 
``vapor mounted seal''; 26.11.13.02 (except for .02C(3)), 26.11.13.03, 
26.11.13.04B., 26.11.13.05.
    (12) COMAR 26.11.19.01A., 01B(2), (4), (5), .02A, .02B(1) (except 
for ``low VOC adhesives''), .02B(2), (3), .02C(1), (2), .02D., .02E 
(except for all references to variables ``C'' and ``D''), .02F(1), (2), 
(3) (except for ``and''); 26.11.19.04 through 26.11.19.10, 26.11.19.13, 
26.11.19.14.
    (13) COMAR 26.11.20--Entire Chapter except for COMAR 26.11.20.02.
    (ii) Additional materials.
    (A) Remainder of the March 21, 1991 State Submittal known as 
Maryland 91-01B.
    (91) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment--Air Management Administration on 
August 20, 1984, regarding a bubble for American Cyanamid in Havre de 
Grace, Maryland.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Health and Mental 
Hygiene--Air Management Administration (now known as the Maryland 
Department of the Environment--Air Management Administration) dated 
August 20, 1984 submitting a revision to the Maryland State 
Implementation Plan regarding a bubble for American Cyanamid.
    (B) Secretarial Order (By Consent) between American Cyanamid and the 
Maryland State Department of Health and Mental Hygiene--Air Management 
Administration (now known as the Maryland Department of the 
Environment--Air Management Administration) except for section 2, 
approved on August 2, 1984.
    (ii) Additional material.
    (A) Letter dated September 17, 1984 from Ronald E. Lipinski, MAMA, 
to James Topsale, EPA Region III, providing emissions information for 
the sources involved in the American Cyanamid bubble.
    (B) Public Hearing record for the May 23, 1984 public hearing.
    (C) Technical Support Document, prepared by Maryland, for American 
Cyanamid, including formulas to calculate bubble emissions.
    (92) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on December 15, 1987.
    (i) Incorporation by reference. (A) Letter from the Maryland 
Department of Environment dated December 15, 1987 submitting a revision 
to the Maryland State Implementation Plan.
    (B) Amendments to the Code of Maryland Air Regulations (COMAR) 
10.18.03, State Adopted National Ambient Air Quality Standards and 
Guidelines limited to the amendment of 10.18.03.04, carbon monoxide and 
COMAR 10.18.06, General Emission Standards, Prohibitions, and 
Restrictions, limited to the amendment of 10.18.06.04, carbon monoxide 
in areas III and IV. The amendments to COMAR 10.18.03.04 and 10.18.06.04 
were adopted by the Maryland Department of the Environment on November 
4, 1987, and made effective on January 5, 1988.
    (93) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on December 30, 1987.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated 
December 15, 1987, submitting revisions to the Maryland State 
Implementation Plan.
    (B) Amendments to regulations 10.18.01 O-1, 10.18.02.03 H(3)(i), and 
10.18.06.14 under the Code of Maryland Administrative Regulations 
(COMAR)

[[Page 503]]

revising Maryland's prevention of significant deterioration program to 
incorporate changes to 40 CFR 52.21 made between 1980 and 1986. The 
amendments to COMAR 10.18.01 O-1, 10.18.02.03 H(3)(i), and 10.18.06.14 
were effective on January 5, 1988 in the State of Maryland.
    (ii) Additional materials.
    (A) None.
    (94) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on March 8, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated March 
1, 1989, submitting revisions to the Maryland State Implementation Plan.
    (B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9), and 
26.11.06.14 (proposed as 10.18.01 O-1, 10.18.02.03 H(3)(i), and 
10.18.06.14) under the Code of Maryland Administrative Regulations 
(COMAR) revising Maryland's prevention of significant deterioration 
program to incorporate changes to 40 CFR 52.21 made between 1986 and 
1987, thereby establishing the increment for NO2 and requiring 
sources to conduct an NO2 increment consumption analysis. The 
amendments to COMAR 26.11.01.01, 26.11.02.10 (C)(9), and 26.11.06.14 
were effective on March 21, 1989 in the State of Maryland.
    (ii) Additional materials.
    (A) None.
    (95) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on March 28, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated March 
21, 1991 submitting revisions to the Maryland State Implementation Plan.
    (B) Amendments to regulations 26.11.01.01 and 26.11.06.14 under the 
Code of Maryland Administrative Regulations (COMAR) revising Maryland's 
prevention of significant deterioration program to incorporate changes 
to 40 CFR 52.21 made between 1987 and 1989. The amendments to COMAR 
26.11.01.01, and 26.11.06.14 were effective on March 31, 1991 in the 
State of Maryland. The amendments to 26.11.02.10 (C)(9) were effective 
on May 8, 1991 in the State of Maryland.
    (ii) Additional materials.
    (A) None.
    (96) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on April 3, 1992.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated March 
27, 1992 submitting revisions to the Maryland State Implementation Plan.
    (B) Amendments to regulations 26.11.01.01 and 26.11.06.14 under the 
Code of Maryland Administrative Regulations (COMAR) revising Maryland's 
prevention of significant deterioration program to incorporate changes 
to 40 CFR 52.21 made between 1989 and 1990. The amendments to COMAR 
26.11.01.01 and 26.11.06.14 were effective on February 17, 1992 in the 
State of Maryland.
    (ii) Additional materials.
    (A) Remainder of April 3, 1992, State submittal.
    (97) Revisions to the State Implementation Plan submitted on June 
14, 1989, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 14, 1989, from the Maryland Department of the 
Environment transmitting a revision to a Maryland State Implementation 
Plan.
    (B) Revision to COMAR 26.11.01.01E (Definition of ``Control 
Officer''), effective June 20, 1989.
    (ii) Additional material.
    (A) Remainder of the June 14, 1989 State submittal.
    (98) Revisions to the Maryland State Implementation Plan submitted 
on April 5, 1991, and amended on January 18, 1993, by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letters of April 5, 1991, and January 18, 1993, from the 
Maryland Department of the Environment transmitting additions and 
revisions to Maryland's State Implementation Plan, pertaining to 
volatile organic compound regulations in Maryland's air quality 
regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.
    (B) The addition of COMAR 26.11.19.15C (proposed as COMAR 
10.18.19.15C), Standards for Adhesive

[[Page 504]]

Application, adopted by the Secretary of Health and Hygiene on June 10, 
1987, effective August 10, 1987;
    (C) Amendments to COMAR 26.11.19.15C adopted by the Secretary of the 
Environment on March 9, 1991, effective May 8, 1991; and
    (D) Amendments to COMAR 26.11.19.15C(4) adopted by the Secretary of 
the Environment on January 18, 1992, effective February 15, 1993.
    (ii) Additional material.
    (A) Remainder of April 5, 1991, and January 18, 1993, State 
submittals pertaining to COMAR 26.11.19.15C, Standards for Adhesive 
Application.
    (B) Letter of April 17, 1992, from the Maryland Department of the 
Environment clarifying the intent of its April 5, 1991, letter 
transmitting revisions and additions to Maryland's State Implementation 
Plan.
    (C) Letter of July 10, 1992, from the Maryland Department of the 
Environment clarifying Maryland's intent regarding COMAR 26.11.19.15C(4) 
and stating that Maryland was working to correct the administrative 
error in COMAR 26.11.19.15C(4) contained in the April 5, 1991, 
submittal.
    (99) Revisions to the Maryland regulations for particulate matter 
(PM-10) submitted on March 1, 1989, by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of March 1, 1989, from the Department of the Environment 
transmitting a revision to the Maryland State implementation plan for 
particulate matter (PM-10) Group III areas.
    (B) COMAR 10.18.01 (General Administrative Provisions), COMAR 
10.18.02 (Permits, Approvals, and Registration), COMAR 10.18.03 (State-
Adopted National Ambient Air Quality Standards and Guidelines), COMAR 
10.18.05 (Air Pollution Episode System), and COMAR 10.18.06 (General 
Emission Standards, Prohibitions, and Restrictions) as published in the 
Maryland Register on February 10, 1989. The regulations were adopted on 
January 20, 1989, and became effective on March 21, 1989.
    (ii) Additional materials.
    (A) Remainder of the State implementation plan revision request 
submitted by the Maryland Department of the Environment on March 1, 
1989.
    (100) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) submitted on June 7, 1990, by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of June 7, 1990, from the Maryland Department of the 
Environment transmitting revisions to the Maryland State Implementation 
Plan.
    (B) The following revised regulations to COMAR 26.11.05 (Air 
Pollution Episode Plans), effective June 18, 1990: 26.11.05.01A., .01B., 
.01H., and .01J.; 26.11.05.02B., .02C.; 26.11.05.03A., 03B., 03D.; 
26.11.05.05A., 05B., 05C., and .05D. Deletion of the definition 
``coefficient of haze.''
    (ii) Additional material.
    (A) Remainder of the June 7, 1990, State submittal.
    (101) Revisions to the State of Maryland Regulations Oxygenated 
Gasoline Program regulations submitted on November 13, 1992, by the 
Maryland Department of the Environment. Effective date October 26, 1992.
    (i) Incorporation by reference.
    (A) Letter of November 13, 1992, from the Maryland Department of the 
Environment transmitting Oxygenated Gasoline Program regulations.
    (B) The following State of Maryland regulations effective October 
26, 1992:
    (1) Amendments to COMAR 26.11.13.01 (Control of Gasoline and 
Volatile Organic Compound Storage and Handling).
    (2) Deletion of Regulation .06 under COMAR 26.11.13 (Control of 
Gasoline and Volatile Organic Compound Storage and Handling).
    (3) New Regulation COMAR 26.11.20.03 (Mobile Sources).
    (4) COMAR 03.03.05.01, .01-1, .02-1, .05, .08, and .15 (Motor Fuel 
Inspection).
    (5) COMAR 03.03.06.01 through .06 (Emissions Control Compliance).
    (ii) The remainder of the November 13, 1992, submittal.
    (102) Revisions to the Maryland State Implementation Plan submitted 
on April 5, 1991 by the Maryland Department of the Environment:
    (i) Incorporation by reference.

[[Page 505]]

    (A) Letter of April 5, 1991 from the Maryland Department of the 
Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of Health and Hygiene on June 10, 1987, 
effective August 10, 1987:
    (1) Amendments to COMAR 26.11.06.06B (proposed as 10.18.06.06B), 
pertaining to control of Volatile organic compounds from installations.
    (2) Addition of new section COMAR 26.11.06.06E, (proposed as 
10.18.06.06E), exemptions.
    (3) Amendments to COMAR 26.11.19.01B, (proposed as COMAR 
10.18.21.01B), including the addition of the definitions for the terms 
adhesive and exempt solvent, the renumbering of all definitions.
    (4) Amendments to COMAR 26.11.19.02B-F, (proposed as COMAR 
10.18.21.02B-F), pertaining to compliance methods, methods of assessing 
compliance, test methods, computations, and reporting.
    (5) Amendments to COMAR 26.11.19.10B, (proposed as COMAR 
10.18.21.10B), pertaining to applicability and exemptions for graphic 
arts sources.
    (6) Amendments to COMAR 26.11.19.13, (proposed as COMAR 
10.18.21.13), pertaining to miscellaneous metal coating.
    (7) Addition of new section COMAR 26.11.19.15A (proposed as 
10.18.21.15A), definition of terms.
    (8) Addition of new section COMAR 26.11.19.15B (proposed as 
10.18.21.15B), standards for paint, resin and adhesive manufacturing.
    (C) Amendments to COMAR 26.11.19.12 (proposed as COMAR 10.18.21.12), 
pertaining to dry cleaning installations, including the addition of new 
sections E and F, pertaining to equipment specifications, emission 
standards, and compliance determinations for petroleum solvent dry 
cleaning installations, adopted by the Secretary of the Environment on 
April 21, 1989, effective June 20, 1989.
    (D) Amendments to COMAR 26.11.19.12B-F, pertaining to applicability, 
exemptions, equipment specifications, emission standards, and compliance 
determinations for perchloroethylene and petroleum solvent dry cleaning 
installations, adopted by the Secretary of the Environment on May 17, 
1990, effective July 16, 1990.
    (E) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on March 9, 1991, effective 
May 8, 1991:

    (1) Amendments to COMAR 26.11.01.01, including the addition of 
definitions for the terms actual emissions, allowable emissions, 
potential to emit, premises, and reasonably available control technology 
(RACT); deletion of the definition for the term Ringelmann Smoke Chart; 
amendments to definitions for the terms New Source Impacting on a Non-
Attainment Area (NSINA) and volatile organic compound (VOC); and 
renumbering of all definitions.
    (2) Amendments to COMAR 26.11.02.03A(6)(k)(vii), pertaining to 
permits to construct or modify for motor vehicle gasoline storage tanks.
    (3) The addition of new section COMAR 26.11.06.01, definitions for 
the terms installation and process line.
    (4) Amendments to COMAR 26.11.06.06A, B and E, pertaining to 
applicability, control, and exemptions for sources of volatile organic 
compounds.
    (5) The deletion of existing COMAR 26.11.13, pertaining to gasoline 
and volatile organic compound storage and handling.
    (6) The addition of new COMAR 26.11.13.01, .02, .03, .05, and .06, 
pertaining to definitions, applicability, and exemptions for gasoline 
and volatile organic compounds storage and handling, large storage 
tanks, gasoline leaks from tank trucks, and Reid Vapor Pressure.
    (7) Amendments to COMAR 26.11.19.01B, addition of the definition for 
the term transfer efficiency, amendments to the definition for the term 
coating.
    (8) Amendments to COMAR 26.11.19.02A-F, pertaining to applicability, 
compliance methods, methods of assessing compliance, test methods,

[[Page 506]]

computations, and reporting for volatile organic compound regulations.
    (9) Amendments to COMAR 26.11.19.07, the addition of new section B 
and revisions to new section C (former section B), pertaining to paper, 
fabric, and vinyl coating.
    (10) Amendments to COMAR 26.11.19.10A, the deletion of definitions 
for the terms high velocity hot-air dryer, letterpress methods, 
lithographic methods, and roll printing; revisions to the definition for 
the term web printing; and renumbering of all definitions.
    (11) Amendments to COMAR 26.11.19.10B and C, pertaining to graphic 
arts, including the deletion of existing section C and the addition of 
new section C.
    (12) The addition of new COMAR 26.11.19.11A, B, and C, pertaining to 
sheet-fed paper and plastic parts coating, including definitions for the 
terms fountain, letterpress printing, lithographic printing, plastic 
parts coating, and sheet-fed coating.
    (13) Amendments to COMAR 26.11.19.13B and C, pertaining to 
miscellaneous metal coating.
    (14) Amendments to COMAR 26.11.19.14B, pertaining to synthesized 
pharmaceutical products.
    (15) Amendments to COMAR 26.11.19.15A and B, pertaining to paint, 
resin, and adhesive manufacturing, including revisions to definitions 
for the terms adhesive application, resin thin down tank, specialty 
footwear manufacturing, specialty spiral tube winding, spiral tube 
winding, and spiral wound tube impregnating and curing, the deletion of 
the definition for the term honeycomb core installation, and the 
renumbering of all definitions.
    (ii) Additional material.
    (A) Remainder of April 5, 1991 State submittal pertaining to COMAR 
26.11.01.01, 26.11.02.03, 26.11.06.01, 26.11.06.06A, B and E, 
26.11.13.01, 26.11.13.02, 26.11.13.03, 26.11.13.05, 26.11.13.06, 
26.11.19.01B, 26.11.19.02A-F, 26.11.19.07, 26.11.19.10, 26.11.19.11A-C, 
26.11.19.12, 26.11.19.13, 26.11.19.14B, and 26.11.19.15A and B.
    (B) Letter of April 17, 1992 from the Maryland Department of the 
Environment clarifying the intent of its April 5, 1991 letter 
transmitting additions, deletions, and revisions to Maryland's State 
Implementation Plan.
    (C) Letter of October 18, 1993 from the Maryland Department of the 
Environment formally withdrawing revisions to COMAR 26.11.19.11D and E, 
pertaining to lithographic printing, from consideration as revisions to 
Maryland's State Implementation Plan.
    (103) Revisions to the Maryland State Implementation Plan submitted 
on September 20, 1991 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of September 20, 1991 from the Maryland Department of the 
Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on July 24, 1991, effective 
August 19, 1991:
    (1) Amendments to COMAR 26.11.01.01DD, the definition for the term 
volatile organic compound.
    (2) Amendments to COMAR 26.11.01.04C, pertaining to emission test 
methods, including the addition of a: reference to 40 CFR part 60; and 
Methods 1000, 1002, and 1003 and Appendixes A and B, contained in 
``Technical Memorandum 91-01, Test Methods and Equipment Specifications 
for Stationary Sources'' (January 1991).
    (3) Amendments to COMAR 26.11.13.02(C)(2), pertaining to exemptions 
for large storage tanks.
    (4) Amendments to COMAR 26.11.19.02D(2), pertaining to test methods.
    (5) Amendments to COMAR 26.11.19.07A, including amendments to the 
definition for the term paper coating, and the addition of definitions 
for the terms sheet-fed paper coating and ultraviolet curable coating, 
and the renumbering of definitions.
    (6) Addition of new COMAR 26.11.19.07D, pertaining to sheet-fed 
paper coating.
    (7) Addition of new COMAR 26.11.19.11B(2), and amendments to COMAR 
26.11.19.11C, pertaining to plastic coating.

[[Page 507]]

    (8) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to 
compliance determinations for petroleum solvent dry cleaning 
installations.
    (9) Addition of new COMAR 26.11.19.16, pertaining to volatile 
organic compound equipment leaks.
    (ii) Additional material.
    (A) Remainder of the September 20, 1991 State submittal pertaining 
to COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and 
Methods 1000, 1002, and 1003 contained in ``Technical Memorandum 91-01, 
Test Methods and Equipment Specifications for Stationary Sources'' 
(January 1991), COMAR 26.11.13.02(C)(2), COMAR 26.11.19.02D(2), COMAR 
26.11.19.07A, COMAR 26.11.19.07D, COMAR 26.11.19.11B(2) and C, COMAR 
26.11.19.12F(3) and (4), and COMAR 26.11.19.16.
    (104) Revisions to the Maryland State Implementation Plan submitted 
on April 2, 1992 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 2, 1992 from the Maryland Department of the 
Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on January 20, 1992, 
effective February 17, 1992:
    (1) Amendments to COMAR 26.1.01.01DD, the definition for the term 
volatile organic compound.
    (2) Amendments to COMAR 26.11.01.04C, pertaining to emission test 
methods, including the addition of Methods 1006, 1007, and 1008 
contained in Supplement 1 (July 1, 1991) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources'' 
(January 1991), and revisions to Method 1000 and Appendixes A and B 
contained in Supplement 1.
    (3) Amendments to COMAR 26.11.19.02D, pertaining to test methods for 
coatings and adhesives containing volatile organic compounds.
    (4) Amendments to COMAR 26.11.19.09B, pertaining to emission 
standards for volatile organic compound metal cleaning.
    (5) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to 
compliance determinations for petroleum solvent dry cleaning 
installations.
    (ii) Additional material.
    (A) Remainder of the April 2, 1992 State submittal pertaining to 
COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and Methods 
1002, 1006, 1007, and 1008 contained in Supplement 1 (July 1, 1991) to 
``Technical Memorandum 91-01, Test Methods and Equipment Specifications 
for Stationary Sources'' (January 1991), COMAR 26.11.19.02D, COMAR 
26.11.19.09B, and COMAR 26.11.19.12F(3) and (4).
    (105) Revisions to the Maryland State Implementation Plan submitted 
on January 18, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 18, 1993 from the Maryland Department of the 
Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on January 18, 1993, 
effective February 15, 1993:
    (1) Amendments to COMAR 26.11.01.04C, pertaining to emission test 
methods, including the addition of Methods 1009, 1011, and 1012 
contained in Supplement 2 (July 1, 1992) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources'' 
(January 1991), and revisions to Method 1003 and Appendix B contained in 
Supplement 2.
    (2) Amendments to COMAR 26.11.13.05B(2) and C(2), pertaining to 
compliance determinations for tank trucks.
    (3) Amendments to COMAR 26.11.19.07A(4), the definition for the term 
ultraviolet curable coating.

[[Page 508]]

    (ii) Additional material.
    (A) Remainder of the January 18, 1993 State submittal pertaining to 
COMAR 26.11.01.04C, Appendix B and Methods 1003, 1009, 1011, and 1012 
contained in Supplement 2 (July 1, 1992) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources 
(January 1991), COMAR 26.11.13.05B(2) and C(2), and COMAR 
26.11.19.07A(4).
    (106) Revisions to the Maryland Regulations submitted on September 
18, 1991 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of September 18, 1991 from the Maryland Department of the 
Environment transmitting the continuous emission monitoring revision.
    (B) Definition amendments to Code of Maryland Administrative 
Regulations (COMAR) 26.11.01.01, excluding paragraph E-1, and new 
regulations COMAR 26.11.01.10 Continuous Emission Monitoring 
Requirements, concerning continuous opacity monitoring, effective July 
22, 1991.
    (ii) Additional materials.
    (A) Remainder of September 23, 1991 State submittal.
    (107) Revisions to the Maryland State Implementation Plan submitted 
on January 18, 1993, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 18, 1993, from the Maryland Department of the 
Environment transmitting additions to Maryland's State Implementation 
Plan, pertaining to volatile organic compound regulations in Maryland's 
air quality regulations, Code of Maryland Administrative Regulations 
(COMAR) 26.11.
    (B) The addition of COMAR 26.11.24, Stage II Vapor Recovery at 
Gasoline Dispensing Facilities, adopted by the Secretary of the 
Environment on January 18, 1993, effective February 15, 1993.
    (ii) Additional material.
    (A) Remainder of the January 18, 1993, State submittal pertaining to 
COMAR 26.11.24, Stage II Vapor Recovery at Gasoline Dispensing 
Facilities.
    (108) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) submitted on March 30, 1987 by the Maryland Department of Health 
and Mental Hygiene:
    (i) Incorporation by reference.
    (A) Letter of March 30, 1987 from the Maryland Department of Health 
and Mental Hygiene transmitting revisions to the Maryland State 
Implementation Plan (SIP).
    (B) Revised COMAR 10.18.02.03H. (Action on an Application for a 
Permit and for Approval of a PSD Source or NSINA) (currently COMAR 
26.11.02.10C.), effective March 24, 1987.
    (ii) Additional material.
    (A) Remainder of the March 30, 1987 State submittal pertaining to 
COMAR 10.18.02.03H. (currently COMAR 26.11.02.10C.).
    (109) Revisions to the State of Maryland Regulations State 
Implementation Plan submitted on November 13, 1992 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 13, 1992 from Maryland Department of the 
Environment transmitting a revised regulation to require major sources 
of volatile organic compounds and oxides of nitrogen, Statewide, to 
certify their emissions annually.
    (B) Revisions to Title 26, COMAR 26.11.01, specifically to amend 
regulation .01, and to add regulation .05-1. Effective on December 7, 
1992.
    (ii) Additional material.
    (A) Remainder of December 7, 1992 State submittal.
    (110) Revisions to the Maryland State Implementation Plan submitted 
on April 5, 1991 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 5, 1991 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The addition of COMAR 26.11.13.04, pertaining to loading 
operations, adopted by the Secretary of the Environment on March 9, 
1991, effective May 8, 1991.
    (ii) Additional material.

[[Page 509]]

    (A) Remainder of April 5, 1991 State submittal pertaining to COMAR 
26.11.13.04, loading operations.
    (111) Revisions to the Maryland State Implementation Plan submitted 
on April 2, 1992 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 2, 1992 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) Revisions to COMAR 26.11.13.04A(3), pertaining to test 
procedures for bulk gasoline terminals, adopted by the Secretary of the 
Environment on January 20, 1992, effective February 17, 1992.
    (ii) Additional material.
    (A) Remainder of April 2, 1992 State submittal pertaining to COMAR 
26.11.13.04A(3), test procedures for bulk gasoline terminals.
    (112) Revisions to the Maryland State Implementation Plan submitted 
on January 18, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 18, 1993 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) Revisions to COMAR 26.11.13.04A(3), pertaining to test 
procedures for bulk gasoline terminals, adopted by the Secretary of the 
Environment on January 18, 1993, effective February 15, 1993.
    (ii) Additional material.
    (A) Remainder of January 18, 1993 State submittal pertaining to 
COMAR 26.11.13.04A(3), test procedures for bulk gasoline terminals.
    (113) Revisions to the Maryland State Implementation Plan submitted 
on June 8, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 8, 1993 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on March 26, 1993, effective 
April 26, 1993:
    (1) Amendments to COMAR 26.11.11.02B and C, pertaining to asphalt 
paving.
    (2) Amendments to COMAR 26.11.13.01B(1), the definition for the term 
bulk gasoline plant.
    (3) Amendments to COMAR 26.11.13.02, pertaining to applicability and 
exemptions.
    (4) Amendments to COMAR 26.11.13.04, pertaining to loading 
operations.
    (5) The addition of new COMAR 26.11.13.07, pertaining to plans for 
compliance.
    (6) Amendments to COMAR 26.11.19.01B(4), the definition for the term 
major stationary source of VOC.
    (7) Amendments to COMAR 26.11.19.02A, F, and H, pertaining to 
applicability, reporting and recordkeeping, and plans for compliance, 
respectively.
    (8) Amendments to COMAR 26.11.19.10, pertaining to graphic arts.
    (ii) Additional material.
    (A) Remainder of June 8, 1993 State submittal pertaining to COMAR 
26.11.11.02B and C, COMAR 26.11.13.01B(1), COMAR 26.11.13.02, COMAR 
26.11.13.04, COMAR 26.11.13.07, COMAR 26.11.19.01B(4), COMAR 
26.11.19.02A, F, and H, and COMAR 26.11.19.10.
    (114) Revisions to the Maryland State Implementation Plan submitted 
on July 19, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 19, 1993 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) Revisions to COMAR 26.11.13.04A, pertaining to bulk gasoline 
terminals,

[[Page 510]]

adopted by the Secretary of the Environment on June 25, 1993, effective 
July 19, 1993.
    (ii) Additional material.
    (A) Remainder of July 19, 1993 State submittal pertaining to COMAR 
26.11.13.04A, bulk gasoline terminals.
    (115)-(116)  [Reserved]
    (117) The carbon monoxide redesignation request and maintenance plan 
for the Baltimore Carbon Monoxide nonattainment area, submitted by the 
Maryland Department of the Environment on September 20, 1995, as part of 
the Maryland SIP. The emission inventory projections are included in the 
maintenance plan.
    (i) Incorporation by reference.
    (A) Letter of September 20, 1995 from the Maryland Department of the 
Environment requesting the redesignation and submitting the maintenance 
plan.
    (B) The ten year carbon monoxide maintenance plan for the Baltimore 
Carbon Monoxide nonattainment area adopted on August 31, 1995.
    (ii) Additional material.
    (A) Remainder of September 20, 1995 State submittal.
    (118) The carbon monoxide redesignation and maintenance plan for the 
Counties of Montgomery and Prince George, Maryland submitted by the 
Maryland Department of the Environment on October 12, 1995, as part of 
the Maryland SIP. The emission inventory projections are included in the 
maintenance plan.
    (i) Incorporation by reference.
    (A) Letter of October 12, 1995 from the Maryland Department of the 
Environment requesting the redesignation and submitting the maintenance 
plan.
    (B) Maintenance Plan for the Maryland portion of the Metropolitan 
Washington Carbon Monoxide Nonattainment Area adopted on September 20, 
1995.
    (ii) Additional material.
    (A) Remainder of October 12, 1995 State submittal.
    (119) Revisions to the Code of Maryland Administrative Regulations 
for prevention of significant deterioration submitted on July 17, 1995 
by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 17, 1995 from the Maryland Department of the 
Environment transmitting revisions to the Maryland State Implementation 
Plan.
    (B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9) and 
26.11.06.14 under the Code of Maryland Administrative Regulations 
(COMAR) revising Maryland's prevention of significant deterioration 
program to incorporate changes to 40 CFR 52.21 made between 1992 and 
1993. The amendments were effective on May 8, 1995 in the State of 
Maryland.
    (ii) Additional material.
    (A) Remainder of July 17, 1995 State of Maryland submittal.

[37 FR 10870, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1070, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.1071   Classification of regions.

    The Maryland plans were evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Cumberland-Keyser Interstate..............................           I          I       III       III        III
Central Maryland Intrastate...............................          II         II       III       III        III
Metropolitan Baltimore Intrastate.........................           I          I         I         I          I
National Capital Interstate...............................           I          I       III         I          I
Southern Maryland Intrastate..............................         III        III       III       III        III
Eastern Shore Intrastate..................................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------

[37 FR 10870, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 
FR 53475, Aug. 12, 1980]

[[Page 511]]

Sec. 52.1072  [Reserved]



Sec. 52.1073   Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Maryland's plans for the attainment and maintenance of the 
national standards.
    (b) With the exceptions set forth in this subpart, the Administrator 
approves the amendment to Regulation 10.18.01 sections .01, .07, and 
.11, Regulation 10.18.04 and 10.18.05 section .03D, .03F, .03H, .06I of 
Maryland's plan for the attainment and maintenance of the national 
standards under section 110 of the Clean Air Act. Furthermore, the 
Administrator finds that portions of the plan, as submitted January 19, 
1979, satisfy the requirements of part D, title 1, of the Clean Air Act 
as amended in 1977.

In addition, continued satisfaction of the requirements of Part D for 
the ozone portion of the SIP depends on the adoption and submittal of 
RACT requirements by July 1, 1980, for the sources covered by CTGs 
issued between January 1978 and January 1979 and adoption and submittal 
by each subsequent January of additional RACT requirements for sources 
covered by CTGs issued by the previous January.
    (c) Code of Maryland Air Regulations (COMAR) 26.11.13.06 is approved 
with the following exception:
    (i) Distributors and retailers of gasoline-ethanol blends as defined 
by 40 CFR 80.27(d)(2) are subject to the provisions of 40 CFR 
80.27(d)(1) through 40 CFR 80.27(d)(3).
    (d) Letter of November 13, 1993, from the Maryland Department of the 
Environment transmitting a commitment to adopt either the Federal clean 
fuel fleet program or an alternative substitute program by May 15, 1994.

[38 FR 33716, Dec. 6, 1973, as amended at 45 FR 53475, Aug. 12, 1980; 47 
FR 20128, May 11, 1982; 56 FR 23808, May 24, 1991; 58 FR 50848, Sept. 
29, 1993; 61 FR 16061, Apr. 11, 1996]



Sec. 52.1074   Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met, 
since section 698(f) of the Maryland Air Quality Control Act could, in 
some circumstances, prohibit the disclosure of emission data to the 
public. Therefore, section 698(f) is disapproved.

[39 FR 34536, Sept. 26, 1974, and 47 FR 20128, May 11, 1982, as amended 
at 51 FR 40676, Nov. 7, 1986]



Sec. 52.1075  1990 base year emission inventory for carbon monoxide.

    (a) EPA approves as a revision to the Maryland State Implementation 
Plan the 1990 base year emission inventory for the Baltimore 
Metropolitan Statistical Area, submitted by the Secretary, Maryland 
Department of the Environment, on September 20, 1995. This submittal 
consists of the 1990 base year stationary, area, off-road mobile and on-
road mobile emission inventories in the Baltimore Metropolitan 
Statistical Area for the pollutant, carbon monoxide (CO).
    (b) EPA approves as a revision to the Maryland Implementation Plan 
the 1990 base year emission inventory for the Washington Metropolitan 
Statistical Area, submitted by Secretary, Maryland Department of the 
Environment, on March 21, 1994 and October 12, 1995. This submittal 
consist of the 1990 base year stationary, area and off-road mobile and 
on-road mobile emission inventories in the Washington Statistical Area 
for the pollutant, carbon monoxide (CO).

[60 FR 55326, Oct. 31, 1995, as amended at 61 FR 2937, Jan. 30, 1996]
Sec. 52.1076  [Reserved]



Sec. 52.1077   Source surveillance.

    (a) The requirements of Sec. 51.212 of this chapter are not met 
since the plans do not provide specific procedures for stationary 
sources to be periodically tested.

[37 FR 10870, May 31, 1972, as amended at 47 FR 20128, May 11, 1982; 51 
FR 40677, Nov. 7, 1986]
Sec. 52.1078  [Reserved]



Sec. 52.1079  Requirements for state implementation plan revisions relating to new motor vehicles.

    Maryland must comply with the requirements of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]

[[Page 512]]



Sec. 52.1080  Photochemical Assessment Monitoring Stations (PAMS) Program.

    On March 24, 1994 Maryland's Department of the Environment submitted 
a plan for the establishment and implementation of a Photochemical 
Assessment Monitoring Stations (PAMS) Program as a state implementation 
plan (SIP) revision, as required by section 182(c)(1) of the Clean Air 
Act. EPA approved the Photochemical Assessment Monitoring Stations 
(PAMS) Program on September 11, 1995 and made it part of Maryland SIP. 
As with all components of the SIP, Maryland must implement the program 
as submitted and approved by EPA.

[60 FR 47084, Sept. 11, 1995]
Secs. 52.1081--52.1109  [Reserved]



Sec. 52.1110  Small business stationary source technical and environmental compliance assistance program.

    On November 13, 1992, the Acting Director of the Air and Radiation 
Management Administration, Maryland Department of the Environment 
submitted a plan for the establishment and implementation of a Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program as a state implementation plan (SIP) revision, as 
required by title V of the Clean Air Act Amendments. EPA approved the 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program on May 16, 1994, and made it part of the Maryland 
SIP. As with all components of the SIP, Maryland must implement the 
program as submitted and approved by EPA.

[59 FR 25333, May 16, 1994]
Secs. 52.1111--52.1112  [Reserved]



Sec. 52.1113   General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met, 
since sections 10.03.35.11I and 10.03.35.10A of the Maryland Regulations 
governing the control of Air Pollution could, in some circumstances, 
prohibit the disclosure of emission datato the public. Therefore, 
regulations 10.03.35.11I and 10.03.35.10A are 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 34536, Sept. 26, 1974, as amended at 40 FR 55329, Nov. 28, 1975; 
52 FR 40676, Nov. 7, 1987]

[[Page 513]]

Sec. 52.1114--52.1115  [Reserved]



Sec. 52.1116  Significant deterioration of air quality.

    (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) The following provisions of 40 CFR 52.21 are hereby incorporated 
and made a part of the applicable State plan for the State of Maryland.
    (1) Definition of federally enforceable (40 CFR 52.21(b)(17)),
    (2) Exclusions from increment consumption (40 CFR 52.21(f)(1)(v), 
(3), (4)(i)),
    (3) Redesignation of areas (40 CFR 52.21(g) (1), (2), (3), (4), (5), 
and (6)),
    (4) Approval of alternate models (40 CFR 52.21(1)(2)),
    (5) Disputed permits or redesignation (40 CFR 52.21(t), and
    (6) Delegation of Authority (40 CFR 52.21(u)(1), (2)(ii), (3), and 
(4)).

[45 FR 52741, Aug. 7, 1980 and 47 FR 7835, Feb. 23, 1982]



Sec. 52.1117   Control strategy: Sulfur oxides.

    (a) [Reserved]
    (b) The requirements of Sec. 51.112(a) of this chapter are not met 
because the State did not submit an adequate control strategy 
demonstration to show that the Maryland Regulation 10.03.36.04B (1) and 
(2) would not interfere with the attainment and maintenance of the 
national sulfur dioxide standards.

[40 FR 56889, Dec. 5, 1975, as amended at 41 FR 8770, Mar. 1, 1976; 41 
FR 54747, Dec. 15, 1976; 51 FR 40676, Nov. 7, 1986]



Sec. 52.1118  Approval of bubbles in nonattainment areas lacking approved demonstrations: State assurances.

    In order to secure approval of a bubble control strategy for the 
American Cyanamid facility in Havre de Grace, Maryland (see paragraph 
52.1070(c)(87)), the Maryland Department of the Environment--Air 
Management Administration provided certain assurances in a letter dated 
September 13, 1988 from George P. Ferreri, Director, to Thomas J. 
Maslany, Director, Air Management Division, EPA Region III. The State of 
Maryland assured EPA it would:
    (a) Include the bubble emission limits for this plant in any new 
State Implementation Plan,
    (b) Consider this plant with its approved bubble limits in reviewing 
sources for needed additional emission reductions, and
    (c) Not be delayed in making reasonable efforts to provide the 
necessary schedules for completing the new ozone attainment plan.

[55 FR 20272, May 16, 1990]



                        Subpart W--Massachusetts



Sec. 52.1119  Identification of plan--conditional approval.

    (a) The following plan revisions were submitted on the dates 
specified.
    (1) On November 13, 1992, the Massachusetts Department of 
Environmental Protection submitted a small business stationary source 
technical and environmental compliance assistance program (PROGRAM). On 
July 22, 1993, Massachusetts submitted a letter clarifying portions of 
the November 13, 1992 submittal. In these submissions, the State commits 
to submit adequate legal authority to establish and implement a 
compliance advisory panel and to have a fully operational PROGRAM by 
November 15, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated November 13, 1992 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) State Implementation Plan Revision for a Small Business 
Technical and Environmental Compliance Assistance Program dated November 
13, 1992.

[[Page 514]]

    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 22, 1993 clarifying portions of Massachusetts' 
November 13, 1992 SIP revision.

[59 FR 41708, Aug. 15, 1994]



Sec. 52.1120   Identification of plan.

    (a) Title of plan: ``Plan for Implementation, Maintenance, and 
Enforcement of National Primary and Secondary Ambient Air Quality 
Standards.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Emergency episode regulations submitted on February 22, 1972, by 
the Bureau of Air Quality Control, Massachusetts Department of Public 
Health.
    (2) Miscellaneous non-regulatory changes to the plan, wording 
changes in regulations 2.5 and 2.1 and clarification of Regulations 
2.5.1 through 2.5.4 submitted on April 27, 1972, by the Division of 
Environmental Health, Massachusetts Department of Public Health.
    (3) Miscellaneous non-regulatory additions to the plan submitted on 
May 5, 1972, by the Bureau of Air Quality Control, Massachusetts 
Department of Public Health.
    (4) Miscellaneous changes affecting regulations 2.1, 2.5, 4.2, 
4.5.1, 5.6.1, 6.1.2, 6.3.1, 8.1.6, 9.1, 15.1, 51.2, 52.1 and 52.2 of the 
regulations for all six Air Pollution Control Districts submitted on 
August 28, 1972 by the Governor.
    (5) Letter of concurrence on AQMA identifications submitted on July 
23, 1974, by the Governor.
    (6) Revision to Regulation No. 5, increasing allowable sulfur 
content of fuels in the Boston Air Pollution Control District submitted 
on July 11, 1975, by the Secretary of Environmental Affairs, and on 
April 1, 1977 and April 20, 1978 by the Commissioner of the 
Massachusetts Department of Environmental Quality Engineering.
    (7) Revision to Regulation 50--Variances, Regulations for Control of 
Air Pollution in the six Massachusetts Air Pollution Control Districts, 
submitted by letter dated November 14, 1974, by the Governor.
    (8) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for 
the Merrimack Valley Air Pollution Control District submitted on January 
28, 1976 by the Secretary of Environmental Affairs and on August 22, 
1977 by the Commissioner of the Department of Environmental Quality 
Engineering, and additional technical information pertinent to the 
Haverhill Paperboard Corp., Haverhill, Mass., submitted on December 30, 
1976 by the Secretary of Environmental Affairs.
    (9) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for 
the Pioneer Valley Air Pollution Control District submitted on July 22, 
1976 by the Secretary of Environmental Affairs and on August 22, 1977 by 
the Commissioner of the Department of Environmental Quality Engineering, 
and additional technical information pertinent to Deerfield Specialty 
Papers, Inc., Monroe, Mass., submitted on December 27, 1977 by the 
Commissioner of the Massachusetts Department of Environmental Quality 
Engineering.
    (10) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, 
for the Central Massachusetts Air Pollution Control District submitted 
on June 25, 1976 by the Secretary of Environmental Affairs and on August 
22, 1977 by the Commissioner of the Department of Environmental Quality 
Engineering.
    (11) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, 
for the Central Massachusetts Air Pollution Control District (revised 
and adopted by the Massachusetts Department of Environmental Quality 
Engineering on March 29, 1976, with specificprovisions for the City of 
Fitchburg) submitted on June 25, 1976, by the Secretary of Environmental 
Affairs.
    (12) A revision to Regulation 5.1, Sulfur Content of Fuels and 
Control Thereof, for the Southeastern Massachusetts Air Pollution 
Control District, submitted on December 30, 1976 by the Secretary of 
Environmental Affairs and on January 31, 1978 by the Commissioner of the 
Massachusetts Department of Environmental Quality Engineering.
    (13) A revision to Regulation 5.1, Sulfur Content of Fuels and 
Control Thereof, for the Berkshire Air Pollution Control District, 
submitted by the

[[Page 515]]

Commissioner of the Massachusetts Department of Environmental Quality 
Engineering on April 14, 1977, and additional technical information 
submitted on August 11, 1978, pertaining to the Schweitzer Division, 
Kimberly-Clark Corporation, Columbia Mill, Lee, and on August 31, 1978, 
pertaining to Crane and Company, Inc., Dalton.
    (14) Revisions to ``Regulations for the Prevention and/or Abatement 
of Air Pollution Episode and Air Pollution Incident Emergencies,'' 
submitted on September 15, 1976 by the Commissioner of the Massachusetts 
Department of Environmental Quality Engineering.
    (15) A revision to Regulation 2.5, Compliance with Emission 
Limitations, and to Regulation 16, Reduction of Single Passenger 
Commuter Vehicle Use, for the Pioneer Valley Air Pollution Control 
District, submitted on May 20, 1977, by the Acting Commissioner of the 
Executive Office of Environmental Affairs, Department of Environmental 
Quality Engineering.
    (16) Revision to regulation 7 and regulation 9, submitted on 
December 9, 1977, by the Commissioner of the Massachusetts Department of 
Environmental Quality and Engineering.
    (17) Revision to Regulations 310 CMR 7.05, Sulfur-in-Fuel, and 310 
CMR 7.06, Visible Emissions, allowing burning of a coal-oil slurry at 
New England Power Company, Salem Harbor Station, Massachusetts, 
submitted on July 5, 1978 by the Commissioner, Massachusetts Department 
of Environmental Quality Engineering and an extension to 310 CMR 7.06, 
Visible Emissions, submitted on December 28, 1979.
    (18) Revision to Regulation 7.02(11) (formerly Regulation 2.5.3)--
Emission Limitation to Incinerators, submitted February 1, 1978 by the 
Commissioner of the Massachusetts Department of Environmental Quality 
Engineering.
    (19) The addition of Regulation 7.17, for the Southeastern 
Massachusetts Air Pollution Control District, Coal Conversion--Brayton 
Point Station, New England Power Company, submitted by the Commissioner 
of the Massachusetts Department of Environmental Quality Engineering on 
September 7, 1978. Compliance with this revision shall be determined by 
methods consistent with New Source Performance Standards, proposed Test 
Method 19, as stated in a letter dated February 8, 1979 from Kenneth 
Hagg of the Massachusetts Department of Environmental Quality 
Engineering to Frank Ciavattieri of the Environmental Protection Agency.
    (20) A revision permanently extending Regulation 310 CMR 7.05(1) 
(formerly Regulation 5.1) ``Sulfur Content of Fuels and Control 
Thereof'' and a revision for the Metropolitan Boston APCD, and Merrimack 
Valley APCD submitted on December 28, 1978, by the Commissioner of the 
Massachusetts Department of Environmental Quality Engineering.
    (21) A revision permanently extending Regulation 310 CMR 7.05(1) 
(formerly Regulation 5.1), ``Sulfur Content of Fuels and Control 
Thereof'' and a revision to Regulation 310 CMR 7.05(4) ``Ash Content of 
Fuels'' for the Pioneer Valley Air Pollution Control District, submitted 
on January 3, 1979 by the Acting Commissioner of the Massachusetts 
Department of Environmental Quality Engineering.
    (22) A revision permanently extending Regulation 310 CMR 7.05(1) 
(formerly Regulation 5.1), ``Sulfur Content of Fuels and Control 
Thereof'' for the Southeastern Massachusetts APCD, submitted on January 
31, 1979 by the Commissioner of the Massachusetts Department of 
Environmental Quality Engineering.
    (23) A revision to Regulation 310 CMR 7.05(4) ``Ash Content of 
Fuels'' for the Metropolitan Boston Air Pollution Control District, 
submitted on July 20, 1978 by the Commissioner of the Massachusetts 
Department of Environmental Quality Engineering.
    (24) A revision permanently extending Regulation 310 CMR 7.05(1) 
(formerly Regulation 5.1) ``Sulfur Content of Fuels and Control 
Thereof'' for the Central Massachusetts APCD, submitted on March 2, 1979 
by the Commissioner of the Massachusetts Department of Environmental 
Quality Engineering, and a revision removing the seasonal restriction in 
Fitchburg for Fitchburg Paper Company (55 meter stacks only) and James 
River-Massachusetts submitted on September 28, 1979 by the Commissioner.

[[Page 516]]

    (25) On March 30, 1979 and on April 23, 1979 the Commissioner of the 
Massachusetts Department of Environmental Quality Engineering submitted 
the non-attainment area plan for Total Suspended Particulates (TSP) in 
Worcester, miscellaneous statewide regulation changes, and an extension 
request for the attainment of TSP secondary standards for areas 
designated non-attainment as of March 3, 1978.
    (26) On May 3, 1979, August 7, 1979, and April 17, 1980, the 
Commissioner of the Massachusetts Department of Environmental Quality 
Engineering submitted a revision entitled ``Massachusetts Implementation 
Plan, Amended Regulation--All Districts, New Source Review Element,'' 
relating to construction and operation of major new or modified sources 
in non-attainment areas.
    (27) Revisions to Regulation 310 CMR 7.07, Open Burning, submitted 
on September 28, 1979 by the Commissioner of the Massachusetts 
Department of Environmental Quality Engineering.
    (28) Revision to the state ozone standard and adoption of an ambient 
lead standard was submitted by Thomas F. McLoughlin, Acting Commissioner 
of the Department of Environmental Quality Engineering on August 21, 
1979.
    (29) A revision varying the provisions of Regulation 310 CMR 
7.04(5), Fuel Oil Viscosity, for Cambridge Electric Light Company's 
Kendall Station, First Street, Cambridge, and Blackstone Station, 
Blackstone Street, Cambridge, submitted on December 28, 1978 by the 
Commissioner of the Massachusetts Department of Environmental Quality 
Engineering.
    (30) Attainment plans to meet the requirements of Part D for carbon 
monoxide and ozone and other miscellaneous provisions were submitted by 
the Governor of Massachusetts on December 31, 1978 and on May 16, 1979 
by the Acting Commissioner of the Department of Environmental Quality 
Engineering. Supplemental information was submitted on September 19, 
November 13 and December 7, 1979; and March 20 and April 7, 1980 by 
DEQE.
    (31) A temporary variance to the Provisions of Regulation 310 CMR 
7.05, Sulfur Content of Fuels and Control Thereof, for Seaman Paper 
Company, Otter River. Submitted on March 20, 1980 by the Commissioner of 
the Massachusetts Department of Environmental Quality Engineering.
    (32) A revision to Regulation 7.05(1) ``Sulfur Content of Fuels and 
Control Thereof'' for the Metropolitan Boston APCD submitted on November 
27, 1979 by the Commissioner of the Department of Environmental Quality 
Engineering.
    (33) A revision to Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) ``Sulfur Content of Fuels and Control Thereof'' for the Pioneer 
Valley Air Pollution Control District submitted by the Commissioner of 
the Massachusetts Department of Environmental Quality Engineering on 
March 2, 1979 and May 5, 1981.
    (34) A revision to Regulation 7.05(1) ``Sulfur Content of Fuels and 
Control Thereof'' for the Metropolitan Boston APCD submitted on April 
25, 1980 by the Commissioner of the Department of Environmental Quality 
Engineering.
    (35) On January 5, 1981, the Acting Director of the Division of Air 
Quality Control, Massachusetts Department of Environmental Quality 
Engineering submitted a revision entitled ``Appendix J Transportation 
Project Level Guidelines'' relating to policy guidance on the 
preparation of air quality analysis for transportation projects.
    (36) A comprehensive air quality monitoring plan, intended to meet 
requirements of 40 CFR part 58, was submitted by the Commissioner of the 
Department of Environmental Quality Engineering on January 28, 1980.
    (37) A revision submitted by the Commissioner of the Massachusetts 
Department of Environmental Quality Engineering on September 12, 1980 
adding a new regulation 310 CMR 7.19 ``Interim Sulfur-in-Fuel 
Limitations for Fossil Fuel Utilization Facilities Pending Conversion to 
an Alternate Fuel or Implementation of Permanent Energy Conservation 
Measures.''
    (38) A variance of Regulation 310 CMR 7.05(1)(d)(2) ``Sulfur Control 
of Fuels and Control Thereof'' for the Metropolitan Boston Air Pollution 
Control District, submitted on November 25, 1980, by the Commissioner of 
the

[[Page 517]]

Massachusetts Department of Environmental Quality Engineering.
    (39) Revisions to meet the requirements of Part D and certain other 
sections of the Clean Air Act, as amended, for making a commitment to 
public transportation in the Boston urban region which were submitted on 
July 9, 1981 and on July 30, 1981.
    (40) Regulations 310 CMR (14), (15), and (16), for paper, fabric, 
and vinyl surface coaters to meet the requirements of Part D for ozone 
were submitted by the Governor of Massachusetts on March 6, 1981.
    (41) A revision to Regulation 7.05(1)(c) ``Sulfur Content of Fuels 
Control Thereof for the Merrimack Valley Air Pollution Control 
District'' allowing the burning of higher sulfur content fuel oil at 
Haverhill Paperboard Corporation, Haverhill.
    (42) Regulation 310 CMR 7.18(2)(b), to allow existing surface 
coating lines regulated under 310 CMR 7.18 (4), (5), (6), (7), (10), 
(11), (12), (14), (15) and (16) to bubble emissions to meet the 
requirements of Part D for ozone was submitted by the Governor on March 
6, 1981, and a letter clarifying state procedures was submitted on 
November 12, 1981. The emission limitations required by the federally-
approved portion of 310 CMR 7.18 are the applicable requirements of the 
Massachusetts SIP for the purpose of section 113 of the Clean Air Act 
and shall be enforceable by EPA and by citizens in the same manner as 
other requirements of the SIP; except that emission limitations adopted 
by the state under and which comply with 310 CMR 7.18(2)(b) and the 
procedures set out in the letter of November 12, 1981 shall be the 
applicable requirements of the Massachusetts SIP in lieu of those 
contained elsewhere in 310 CMR 7.18 and shall be enforceable by EPA and 
by citizens.
    (43) A revision to Regulation 7.05(1)(d) ``Sulfur Content of Fuels 
and Control Thereof for the Metropolitan Boston Air Pollution Control 
District'' allowing the burning of higher sulfur content fuel oil at 
Eastman Gelatine Corporation, Peabody, submitted on September 24, 1981 
by the Commissioner of the Massachusetts Department of Environmental 
Quality Engineering.
    (44) The Massachusetts Department of Environmental Quality 
Engineering submitted an updated VOC emissions inventory on September 3, 
1981, and the procedures to annually update this inventory on November 
4, 1981.
    (45) A revision to Regulation 7.05(1)(e) ``Sulfur Content of Fuels 
and Control Thereof for the Pioneer Valley Air Pollution Control 
District'' allowing the burning of higher sulfur content fuel oil at the 
Holyoke Gas and Electric Department, Holyoke.
    (46) A revision submitted on December 29, 1981 by the Commissioner 
of the Massachusetts Department of Environmental Quality Engineering 
allowing the burning of higher sulfur content fuel oil at the ATF 
Davidson Company, Northbridge, until December 1, 1983.
    (47) Regulation 310 CMR 7.18(10) for metal coil coating was 
submitted on June 24, 1980 by the Commissioner of the Department of 
Environmental Quality Engineering, in order to meet Part D requirements 
for ozone.
    (48) Regulations 310 CMR 7.18(11), Surface Coating of Miscellaneous 
Metal Parts and Products and (12), Graphic Arts--Rotogravure and 
Flexography with test methods; and (13) Perchloroethylene Dry Cleaning 
Systems without test methods, were submitted on July 21, 1981 and March 
10, 1982 by the Department of Environmental Quality Engineering to meet 
Part D requirements for ozone attainment.
    (49) A revision to Regulation 7.17 ``Conversions to Coal'' submitted 
by the Commissioner of the Massachusetts Department of Environmental 
Quality Engineering on January 22, 1982 specifying the conditions under 
which coal may be burned at the Holyoke Water Power Company, Mount Tom 
Plant, Holyoke, Massachusetts.
    (50) [Reserved]
    (51) A revision submitted on September 29, 1982 by the Commissioner 
of the Massachusetts Department of Environmental Quality Engineering 
allowing the burning of fuel oil having a sulfur content of 0.55 pounds 
per million Btu heat release potential at the Northeast Petroleum 
Corporation, Chelsea, Massachusetts.
    (52) A revision submitted on September 28, 1982 by the Commissioner 
of the

[[Page 518]]

Massachusetts Department of Environmental Quality Engineering allowing 
the burning of higher sulfur content fuel oil at the Polaroid 
Corporation for a period of up to 30 months commencing on December 1, 
1982.
    (53)(i) Attainment plans for carbon monoxide and ozone submitted by 
the Department of Environmental Quality Engineering on September 9, 
November 2 and November 17, 1982; February 2, March 21, April 7, April 
26 and May 16, 1983. These revisions amend Regulations 310 CMR 7.18 (3)-
(7), (9)-(16); and add Regulation 310 CMR 7.18(17), 7.20 (1)-(14), and 
540 CMR 4.00.
    (ii) Regulation 310 CMR 7.18(3) for the surface coating of metal 
furniture submitted on September 9, 1982 as part of the attainment plan 
identified in Sec. 52.1120(c)(53)(i), is added to the VOC surface 
coating bubble Regulation 310 CMR 7.18(2)(b) identified in 
Sec. 52.1120(c)(42).
    (iii) Regulation 310 CMR 7.18(13) for Perchloroethylene Dry Cleaning 
systems submitted on September 9, 1982 as part of the attainment plan 
identified in section 52.1120(53)(i), is amended by adding EPA test 
methods to the no action identified in 52.1120(48).
    (54) On February 8, 1983, the Massachusetts Department of 
Environmental Quality Engineering submitted a source specific emission 
limit in the letter of approval to the Esleeck Manufacturing Company, 
Inc., Montague, allowing the Company to burn fuel oil having a maximum 
sulfur content of 1.21 pounds per million Btu heat release potential 
provided the fuel firing rate does not exceed 137.5 gallons per hour.
    (55) A revision to exempt the Berkshire Air Pollution Control 
District from Regulation 310 CMR 7.02(12)(b)2 was submitted on March 25, 
1983 by Kenneth A. Hagg, Director of the Division of Air Quality Control 
of the Department of Environmental Quality Engineering.
    (56) A revision to Regulation 310 CMR 7.02(12)(a)1(e) for petroleum 
liquid storage in external floating roof tanks submitted on December 2, 
1983.
    (57) Revisions to the State's narrative, entitled New Source 
Regulations on page 117 and 118, the regulatory definitions of BACT, 
NSPS and NESHAPS and Regulation 310 CMR 7.02 (2)(a)(6) and 7.02 (13), 
submitted by Anthony D. Cortese, Commissioner, in August, 1982 and 
received on September 9, 1982.
    (58) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 7, 1991, 
November 13, 1992 and February 17, 1993.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated June 7, 1991, November 13, 1992 and February 17, 1993 
submitting revisions to the Massachusetts State Implementation Plan.
    (B) Amendments and additions to 310 CMR 7.00 submitted on June 7, 
1991 and effective on April 12, 1991.
    (C) Amendments and additions to 310 CMR 7.00 submitted on June 7, 
1991 and effective on June 21, 1991.
    (D) Addition of 310 CMR 7.24(4)(j) submitted on November 13, 1992 
and February 17, 1993 and effective on February 12, 1993.
    (ii) Additional materials.
    (A) Nonregulatory portions of the state submittal.
    (59) A revision submitted on May 3, 1983, allowing the burning of 
2.2% sulfur content fuel oil at the Stanley Woolen Company, a facility 
in Uxbridge, Massachusetts for a period of up to 30 months, commencing 
on March 23, 1984.
    (60) On May 27, 1982 and September 9, 1982 the Commissioner of the 
Massachusetts Department of Environmental Quality Engineering submitted 
a revised plan for new source review in nonattainment areas. The 
submittal included 310 CMR Appendix A, ``Emission Offsets and 
Nonattainment Review,'' additions to 310 CMR 7.00, ``General 
Definitions,'' and revisions to 310 CMR 7.02(2)(b)(4) and 7.02(2)(b)(5), 
``Plan Approval and Emission Limitations.''
    (61) A revision submitted on October 31, 1983, allowing the burning 
of 2.2% sulfur content fuel oil at the Reed and Barton Silversmiths 
facility in Taunton, Massachusetts for a period of up to 30 months, 
commencing on March 23, 1984.
    (62) A revision submitted on November 16, 1983 allowing the burning 
of 2.2% sulfur content fuel oil at the ATF

[[Page 519]]

Davidson Company in Northbridge, Massachusetts.
    (63) A revision submitted on February 2, 1984, allowing the burning 
of 1.0% sulfur content fuel oil at The Biltrite Corporation facility in 
Chelsea, Massachusetts for a period of up to 30 months, commencing on 
June 15, 1984.
    (64) A revision to the Ozone Attainment Plan was submitted by S. 
Russell Sylva, Commissioner of the Massachusetts Department of 
Environmental Quality Engineering on February 14, and May 22, 1985 to 
control emissions from gasoline tank trucks and bulk terminal vapor 
recovery systems.
    (i) Incorporation by reference.
    (A) Amendments to Regulations 310 CMR 7.00 and 7.02(12) (c) and (d), 
``Motor Vehicle Fuel Tank Trucks'', adopted December 1984.
    (B) The May 22, 1985 letter from Massachusetts DEQE, and the 
enforcement manual submitted and adopted on May 22, 1985, including 
Method 27, record form, potential leak points, major tank truck leak 
sources, test procedure for gasoline vapor leak detection procedure by 
combustible gas detector, instruction manual for Sentox 2 and Notice of 
Violation.
    (65) A temporary variance to 310 CMR 7.05(1)(d)2 of ``Sulfur Content 
of Fuels and Control Thereof for Metropolitan Boston Air Pollution 
Control District'' submitted on January 6, 1984 to allow for the use of 
2.2% sulfur content fuel oil in boiler unit 7 of the Boston Edison 
Company Mystic Station facility in Everett for thirty months commencing 
on September 25, 1984.
    (66) Attainment and maintenance plans for lead, submitted on July 13 
and August 17, 1984 by the Department of Environmental Quality 
Engineering.
    (67) A revision submitted on July 11, 1984 allowing the burning of 
2.2% sulfur content fuel oil at the James River Corporation Hyde Park 
Mill facility in Boston, Massachusetts for a period of up to 30 months, 
commencing on September 25, 1984.
    (68) A revision submitted on February 8 and October 23, 1985 
allowing the burning of 2.2% sulfur content fuel oil at the Phillips 
Academy facility in Andover, Massachusetts for a period of up to 30 
months, commencing on April 1, 1986.
    (i) Incorporation by reference. (A) Letter from Richard J. Chalpin, 
Acting Regional Engineer, to Phillips Academy, dated December 27, 1984 
allowing the temporary use of less expensive 2.2% sulfur fuel oil (for 
30 months from the date of publication), the savings from which will be 
used to implement permanent energy conservation measures to reduce on-
site consumption of petroleum products by at least 50,000 gallons per 
year (estimated 82,000 gallons per year). At the end of the temporary 
use period, Phillips Academy will return to the use of 1.0% sulfur fuel 
oil. The particulate emission rate for the facility will not exceed 0.15 
lbs. per million Btu.
    (B) These specific requirements of Regulation 310 CMR 7.19 were 
agreed to in a Statement of Agreement, signed February 19, 1985.
    (C) Memorandum to Donald C. Squires from Bruce K. Maillet dated 
October 4, 1985; subject: Response to EPA questions regarding Phillips 
Academy, outlines the permanent energy conservation measures to be used.
    (69) Revisions to federally approved regulations 310 CMR 7.02(2)(b) 
and 310 CMR 7.05(4) were submitted on December 3, 1985, January 31, 1986 
and February 11, 1986 by the Department of Environmental Quality 
Engineering.
    (i) Incorporation by reference.
    (A) Regulation 310 CMR 7.02(2)(b), Department of Environmental 
Quality Engineering, Air Pollution Control, is corrected to include the 
word ``major'' before the word ``modification''.
    (B) Regulation 310 CMR 7.05(4), Department of Environmental Quality 
Engineering, Air Pollution Control, Ash Content of Fuels.
    (ii) Additional materials.
    (A) The nonregulatory portions of the state submittals.
    (70) A revision submitted on February 19, 1986 allowing the burning 
of 2.2% sulfur content fuel oil at the Boston Housing Authority, Mary 
Ellen McCormick and Maverick Family Development facilities in Boston, 
Massachusetts for a period of up to 30 months, commencing on August 12, 
1986.
    (i) Incorporation by reference.

[[Page 520]]

    (A) Letters dated August 30, 1985 and July 11, 1985 for the Mary 
Ellen McCormick and Maverick Family Development Facilities, 
respectively, from Richard J. Chalpin, Acting Regional Engineer, 
allowing the temporary use of less expensive 2.2% sulfur fuel oil for 30 
months from August 12, 1986, the savings from which will be used to 
implement permanent energy conservation measures to reduce the on-site 
consumption of the petroleum products. At the end of the temporary use 
period, the Boston Housing Authority, Mary Ellen McCormick and Maverick 
Family Development facilities will return to the use of 0.5% sulfur fuel 
oil. The particulate emission rate for these facilities will not exceed 
0.12 lbs per million BTU.
    (B) Statements of Agreement both signed October 28, 1985 by Doris 
Bunte, Administrator of Boston Housing Authority.
    (C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated 
January 9, 1986, subject: Decision Memo.
    (71) A revision submitted on May 12, 1986 allowing the burning of 
2.2% sulfur content fuel oil at the Boston Housing Authority, Mission 
Hill Extension Family Development facility in Boston, Massachusetts for 
a period of up to 30 months, commencing on November 25, 1986.
    (i) Incorporation by reference.
    (A) Letter dated March 5, 1986 for the Mission Hill Extension Family 
Development facility, from Richard J. Chalpin, Acting Regional Engineer, 
allowing the temporary use of less expensive 2.2% sulfur fuel oil (for 
30 months from the date of publication), the savings from which will be 
used to implement permanent energy conservation measures to reduce the 
on-site consumption of petroleum products. At the end of the temporary 
use period, the Boston Housing Authority, Mission Hill Extension Family 
Development facility will return to the use of 0.5% sulfur fuel oil. The 
particulate emission rate for this facility will not exceed 0.12 lbs per 
million Btu.
    (B) Statements of Agreement signed April 4, 1986 by Doris Bunte, 
Administrator of Boston Housing Authority.
    (C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated April 
18, 1986, subject: Decision Memo.
    (72) Revisions involving regulations 310 CMR 7.02(2)(b) 4, 5, and 6; 
7.02(12)(b)3; 7.02(12)(d); and 7.14 were submitted on November 21, 1986 
and January 15, 1987, by the Department of Environmental Quality 
Engineering (DEQE).
    (i) Incorporation by reference. (A) Regulation 310 CMR 7.02(2)(b) 4, 
5, and 6 are amended and became effective on February 6, 1987.
    (B) Regulation 310 CMR 7.02(12)(b)3 is deleted and became effective 
on February 6, 1987.
    (C) Regulation 310 CMR 7.02(12)(d) is amended and became effective 
on February 6, 1987.
    (D) Regulations 310 CMR 7.14 (2) and (3) are added and became 
effective on February 6, 1987.
    (E) The Commonwealth of Massachusetts Regulation Filing document 
dated January 15, 1987 is provided and states that these regulatory 
changes became effective on February 6, 1987.
    (ii) Additional materials. The nonregulatory portions of the state 
submittals.
    (73) Revisions to the State Implementation Plan submitted by the 
Commonwealth of Massachusetts on February 21, February 25, and June 23, 
1986.
    (i) Incorporation by reference.
    (A) A letter from the Commonwealth of Massachusetts Department of 
Environmental Quality Engineering dated February 21, 1986 and amendments 
to 310 CMR 7.00 and 310 CMR 7.18 of the Regulations for the control of 
Air Pollution in the Berkshire, Central Massachusetts, Merrimack Valley, 
Metropolitan Boston, Pioneer Valley and Southeastern Massachusetts Air 
Pollution Control Districts.
    (B) A letter from the Commonwealth of Massachusetts Department of 
Environmental Quality Engineering (DEQE), dated June 23, 1986 and the 
Implementation Guidance, 310 CMR 7.18(18), Polystyrene Resin 
Manufacturing, dated February 1986.
    (C) A Regulation Filing and Publication document from the 
Commonwealth of Massachusetts Department of Environmental Quality 
Engineering, dated February 25, 1986.

[[Page 521]]

    (ii) Additional materials.
    (A) Nonregulatory portions of the state submittals.
    (74) Revisions to the State Implementation Plan were submitted by 
the Commissioner of the Department of Environmental Quality Engineering 
on November 5, 1986 and December 10, 1986.
    (i) Incorporation by reference.
    (A) Letter dated November 5, 1986 from the Massachusetts Department 
of Environmental Quality Engineering (DEQE) submitting revisions to the 
State Implementation Plan for EPA approval.
    (B) Letter from the Massachusetts DEQE dated December 10, 1986, 
which states that the effective date of Regulations 310 CMR 7.00, 
``Definitions'' and 310 CMR 7.18(19), ``Synthetic Organic Chemical 
Manufacture,'' is November 28, 1986.
    (C) Massachusetts' Regulation 310 CMR 7.18(19) entitled, ``Synthetic 
Organic Chemical Manufacture,'' and amendments to 310 CMR 7.00, 
``Definitions,'' effective in the Commonwealth of Massachusetts on 
November 28, 1986.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (75) [Reserved]
    (76) Revisions involving regulations 310 CMR 7.18(2)(e) and 7.18(17) 
submitted by the Department of Environmental Quality Engineering on 
September 20, 1988.
    (i) Incorporation by reference.
    (A) Amendment to Regulation 310 CMR 7.18(2)(e)--effective July 22, 
1988.
    (B) Amendments to Regulation 310 CMR 7.18(17)(d)--effective July 22, 
1988.
    (C) A Regulation Filing and Publication document from the 
Commonwealth of Massachusetts Department of Environmental Quality 
Engineering dated July 5, 1988 which states that the effective date of 
the regulatory amendments to 310 CMR 7.18(2)(e) and 310 CMR 7.18(17)(d), 
incorporated above, is July 22, 1988.
    (ii) Additional materials.
    (A) Nonregulatory portions of the state submittal.
    (77) Revisions to federally approved regulation 310 CMR 7.05(1) 
submitted on July 18, 1984, April 17, 1985, March 16, 1987, and November 
25, 1987 by the Department of Environmental Quality Engineering 
approving sulfur-in-fuel limitations for the following sources: American 
Fiber and finishing Company (formerly known as Kendall Company), 
Colrain; Erving Paper company, Erving; and Westfield River Paper 
Company, Russell.
    (i) Incorporation by reference. (A) Letters dated October 14, 1987 
for the American Fiber and Finishing Company, Erving Paper Company, and 
Westfield River Paper Company facilities from Stephen F. Joyce, Deputy 
Regional Environmental Engineer, Department of Environmental Quality 
Engineering.
    (B) Statements of agreement signed November 6, 1987 by Schuyler D. 
Bush, Vice President of Erving Paper Company; 1987 by Francis J. 
Fitzpatrick, President of Westfield River Paper Company; and November 
16, 1987 by Robert Young, Vice President of American Fiber and Finishing 
Company.
    (78) Revisions to federally approved regulation 310 CMR 7.02(12) 
submitted on July 13, 1988, September 15, 1988, and April 12, 1989, by 
the Department of Environmental Quality Engineering, limiting the 
volatility of gasoline from May 1 through September 15, beginning 1989 
and continuing every year thereafter, including any waivers to such 
limitations that Massachusetts may grant. In 1989, the control period 
will begin on June 30.
    (i) Incorporation by reference.
    (A) Massachusetts Regulation 310 CMR 7.02(12)(e), entitled, 
``gasoline Reid Vapor Pressure (RVP),'' and amendments to 310 CMR 7.00, 
``Definitions,'' effective in the Commonwealth of Massachusetts on May 
11, 1988.
    (B) Massachusetts Emergency Regulation Amendment to 310 CMR 
7.02(12)(e) 2.b entitled ``gasoline Reid Vapor Pressure'' effective in 
the Commonwealth of Massachusetts on April 11, 1989, with excerpt from 
the Manual for Promulgating Regulations, Office of the Secretary of 
State.
    (79) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on February 4, 1988 
and July 16, 1989 which define and impose reasonably available control 
technology to control volatile organic compound emissions from Monsanto 
Chemical

[[Page 522]]

Company in Indian Orchard, Massachusetts.
    (i) Incorporation by reference. (A) Letter from the Massachusetts 
Department of Environmental Protection dated July 18, 1989 submitting a 
revision to the Massachusetts State Implementation Plan.
    (B) A final RACT Compliance Plan Conditional Approval issued to 
Monsanto Chemical Company by the Massachusetts Department of 
Environmental Protection, dated and effective June 20, 1989.
    (ii) Additional materials. (A) Nonregulatory portions of the state 
submittal.
    (80) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 18, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 18, 1989 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Amendments to the Conditional Plan Approval dated and effective 
July 12, 1989 and the Conditional Plan Approval dated and effective 
October 7, 1985 imposing reasonably available control technology on 
Spalding Sports Worldwide in Chicopee, Massachusetts.
    (81) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Quality Engineering on July 
18, 1989.
    (i) Incorporation by reference. (A) Letter from the Massachusetts 
Department of Environmental Quality Engineering dated July 18, 1989 
submitting a revision to the Massachusetts State Implementation Plan.
    (B) RACT Approval Addendum for Cranston Print Works Company, Webster 
Division Facility in Webster, Massachusetts dated and effective June 20, 
1989.
    (ii) Additional materials. Nonregulatory portions of the State 
submittal.
    (82) Revision to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection August 8, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated August 8, 1989 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Amended Conditional Plan Approval (SM-85-168-IF) dated and 
effective August 1, 1989 and an Amendment to the Amended Conditional 
Plan Approval (SM-85-168-IF Revision) dated and effective August 8, 1989 
imposing reasonably available control technology on Duro Textile 
Printers, Incorporated in Fall River, Massachusetts.
    (83) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 24, 1989 
and October 16, 1989 regulating gasoline volatility.
    (i) Incorporation by reference. (A) Letter from the Massachusetts 
Department of Environmental Protection dated October 16, 1989 and a 
revision to the Massachusetts State Implementation Plan containing 
revised Massachusetts gasoline Reid Vapor Pressure regulation 310 CMR 
7.24(5)(b)2, effective September 15, 1989.
    (84) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 27, 1982, 
June 22, 1987, and December 27, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated August 27, 1982, submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Amendments to 310 CMR 7.00, ``Definitions'' effective in the 
Commonwealth of Massachusetts on June 18, 1982 which add the definitions 
of the terms ``stationary source'' and ``building, structure, facility, 
or installation.''
    (ii) Additional materials. 
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated June 22, 1987 certifying that it did not rely on a dual 
definition in its attainment demonstration.
    (B) Letter from the Massachusetts Department of Environmental 
Protection dated December 27, 1989 submitting additional assurances that 
it is making reasonable efforts to develop a complete and approve SIP.
    (C) Nonregulatory portions of the submittal.

[[Page 523]]

    (85) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 28, 
1989.
    (i) Incorporation by reference. (A) Letter from the Massachusetts 
Department of Environmental Protection dated November 28, 1989 
submitting a revision to the Massachusetts State Implementation Plan.
    (B) A Plan Approval 4P89005 Correction dated and effective November 
17, 1989 and the Amended Plan Approval, 4P89005 dated and effective 
October 19, 1989 imposing reasonably available control technology on 
Boston Whaler Inc., in Norwell, Massachusetts.
    (ii) Additional materials. (A) Nonregulatory portions of the State 
submittal.
    (86) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 28, 
1989.
    (i) Incorporation by reference. (A) Letter from the Massachusetts 
Department of Environmental Protection dated November 28, 1989 
submitting a revision to the Massachusetts State Implementation Plan.
    (B) A Plan Approval 4P89006 Correction dated and effective November 
17, 1989 and the Amended Plan Approval (4P89006) dated and effective 
October 19, 1989 imposing reasonably available control technology on 
Boston Whaler Inc. in Rockland, Massachusetts.
    (ii) Additional materials. (A) Nonregulatory portions of the State 
submittal.
    (87) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 20, 
1989.
    (i) Incorporation by reference. (A) Letter from the Massachusetts 
Department of Environmental Protection dated November 20, 1989 
submitting a revision to the Massachusetts State Implementation Plan.
    (B) 2nd Amendment to the Final Approval/RACT Approval for the 
Philips Lighting Company dated November 2, 1989.
    (ii) Additional materials. (A) Nonregulatory portions of the State 
submittal.
    (88) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 13, 1990.
    (i) Incorporation by reference. (A) Letter from the Massachusetts 
Department of Environmental Protection dated June 13, 1990 submitting a 
revision to the Massachusetts State Implementation Plan.
    (B) An Amended Plan Approval dated and effective June 1, 1990 
imposing reasonably available control technology on Acushnet Company, 
Titleist Golf Division, Plant A in New Bedford, Massachusetts.
    (ii) Additional materials. (A) Nonregulatory portions of the State 
submittal.
    (89) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 9, 1990.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 9, 1990 submitting a revision to the Massachusetts 
State Implementation Plan.
    (B) An Amended Plan Approval dated and effective June 8, 1990 
imposing reasonably available control technology on General Motors 
Corporation in Framingham, Massachusetts.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (90) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on October 25, 1990 
which define and impose RACT to control volatile organic compound 
emissions from Erving Paper Mills in Erving, Massachusetts.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated October 25, 1990 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) A conditional final plan approval issued by the Massachusetts 
Department of Environmental Protection to Erving Paper Mills dated and 
effective October 16, 1990.
    (91) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental

[[Page 524]]

Protection on April 22, 1991 which clarify the requirements of RACT to 
control volatile organic compound emissions from Erving Paper Mills in 
Erving, Massachusetts.
    (i) Incorporation by reference. (A) Letter from the Massachusetts 
Department of Environmental Protection dated April 22, 1991 submitting a 
revision to the Massachusetts State Implementation Plan.
    (B) A conditional final plan approval amendment issued by the 
Massachusetts Department of Environmental Protection to Erving Paper 
Mills dated and effective April 16, 1991. This amended conditional plan 
approval amends the October 16, 1990 conditional plan approval 
incorporated at paragraph (c)(90) of this section.
    (92) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 17, 1989, 
June 7, 1991 and December 17, 1991.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated August 17, 1989 and June 7, 1991 submitting a revision 
to the Massachusetts State Implementation Plan.
    (B) Portions of regulation 310 CMR 7.18(7) for automobile surface 
coating as submitted on August 17, 1989 effective in the Commonwealth of 
Massachusetts on September 15, 1989.
    (C) Portions of regulation 310 CMR 7.18(7) for automobile surface 
coating as submitted on June 7, 1991 effective in the Commonwealth of 
Massachusetts on June 21, 1991.
    (ii) Additional materials.
    (A) A letter dated December 17, 1991 from the Massachusetts 
Department of Environmental Protection withdrawing the emission limit 
for the Primer-surfacer application from the June 7, 1991 submittal.
    (B) Nonregulatory portions of state submittal.
    (93) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 27, 1982, 
June 27, 1984, March 6, 1985, April 12, 1985, August 17, 1989, June 7, 
1991 and December 17, 1991.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated August 27, 1982, April 12, 1985, August 17, 1989, and 
June 7, 1991, submitting revisions to the Massachusetts State 
Implementation Plan.
    (B) Amendment to 310 CMR 7.18(2)(b) submitted on August 27, 1982 and 
effective on September 16, 1982.
    (C) Addition of 310 CMR 7.00: Appendix B submitted on April 12, 1985 
and effective on September 30, 1984.
    (D) Amendments to portions of 310 CMR 7.00 submitted on August 17, 
1989 and effective September 15, 1989.
    (E) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991 
and effective on April 12, 1991.
    (F) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991 
and effective on June 21, 1991.
    (ii) Additional materials.
    (A) A letter from the Massachusetts Department of Environmental 
Quality Engineering dated June 27, 1984 submitting 310 CMR 7.00: 
Appendix B.
    (B) A letter from the Massachusetts Department of Environmental 
Quality Engineering dated March 6, 1985 submitting additional 
information on 310 CMR 7.00: Appendix B and referencing 310 CMR 
7.18(2)(b).
    (C) A letter dated December 17, 1991 from the Massachusetts 
Department of Environmental Protection withdrawing the emission limit 
for the Primer-surfacer application in 310 CMR 7.18(7)(b) from the June 
7, 1991 submittal.
    (D) Nonregulatory portions of state submittal.
    (94) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 4, 1989, 
December 6, 1989 and March 23, 1990.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated August 4, 1989, December 6, 1989 and March 23, 1990 
submitting a revision to the Massachusetts State Implementation Plan.
    (B) Massachusetts' Air Pollution Control Regulations 310 CMR 7.30 
(excluding 310 CMR 7.30(8)(a)), and 310 CMR 7.31 entitled, ``MB 
Massport/Logan Airport Parking Freeze'' and ``MB City of Boston/East 
Boston Parking Freeze'' respectively, effective in

[[Page 525]]

the State of Massachusetts on 11/24/89, and technical amendments to that 
regulation submitted by the Massachusetts Department of Environmental 
Protection on March 23, 1990, effective 3/30/90.
    (ii) Additional materials.
    (A) Appendix 5D, Baseline and Future Case CO Compliance Modeling, 
dated June 1986.
    (B) Policy Statement Regarding the Proposed Amendment to the Logan 
Airport Parking Freeze, dated November 14, 1988.
    (95) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection of May 15, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated May 15, 1992 submitting a revision to the Massachusetts 
State Implementation Plan.
    (B) Final Plan Approval No. 4P89051, dated and effective May 13, 
1991 imposing reasonably available control technology on Dartmouth 
Finishing Corporation, New Bedford, Massachusetts.
    (96) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on January 30, 
1991.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated January 30, 1991 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Massachusetts Regulation 310 CMR 7.38, entitled ``Certification 
of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution 
Control District,'' and amendment to 310 CMR 7.00, entitled 
``Definitions,'' effective in the Commonwealth of Massachusetts on 
January 18, 1991.
    (97) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on May 17, 1990, 
July 5, 1990, June 7, 1991, and April 21, 1992.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection, dated May 17, 1990 and June 7, 1991, submitting a revision 
to the Massachusetts State Implementation Plan.
    (B) Definition of ``motor vehicle fuel,'' ``motor vehicle fuel 
dispensing facility,'' ``substantial modification,'' and ``vapor 
collection and control system,'' added to 310 CMR 7.00 and effective in 
the Commonwealth of Massachusetts on October 27, 1989.
    (C) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective 
in the Commonwealth of Massachusetts on October 27, 1989.
    (D) Amendments to 310 CMR 7.24(6)(b) ``Dispensing of Motor Vehicle 
Fuel'' and to the definition of ``substantial modification'' in 310 CMR 
7.00, effective in the Commonwealth of Massachusetts on June 21, 1991.
    (E) Amendment to the definition of ``motor vehicle fuel dispensing 
facility'' in 310 CMR 7.00, effective in the Commonwealth of 
Massachusetts on April 12, 1991.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated July 5, 1990, requesting the withdrawal of amendments 
to subsection 310 CMR 7.24(2)(c) which require Stage I vapor recovery in 
Berkshire County from the SIP revision package submitted on May 17, 
1990.
    (B) Letter from the Massachusetts Department of Environmental 
Protection, dated April 21, 1992, submitting an implementation policy 
statement regarding its Stage II program. This policy statement 
addresses the installation of California Air Resources Board (CARB) 
certified systems, Stage II testing procedures, and defects in State II 
equipment.
    (C) Nonregulatory portions of the submittal.
    (98) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 13, 
1992, January 15, 1993, and February 17, 1993.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated November 13, 1992, January 15, 1993, and February 17, 
1993, submitting a revision to the Massachusetts State Implementation 
Plan.
    (B) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective 
in the State of Massachusetts on February 12, 1993.

[[Page 526]]

    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (99) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 3, 1990 
and August 26, 1992 which define and impose reasonably available control 
technology to control volatile organic compound emissions from S. Bent & 
Brothers in Gardner, Massachusetts.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated August 26, 1992 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Final Air Quality Approval RACT issued to S. Bent by the 
Massachusetts Department of Environmental Protection dated and effective 
May 22, 1992.
    (ii) Additional materials
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated November 3, 1990 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Final Air Quality Approval RACT issued to S. Bent by the 
Massachusetts Department of Environmental Protection dated and effective 
October 17, 1990.
    (C) Nonregulatory portions of the November 3, 1990 and August 26, 
1992 state submittals.
    (100) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 19, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 19, 1993 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Plan approval no. C-P-93-011, effective June 30, 1993, which 
contains emissions standards, operating conditions, and recordkeeping 
requirements applicable to Nichols & Stone Company in Gardner, 
Massachusetts.
    (ii) Additional materials.
    (A) Letter dated October 27, 1993 from Massachusetts Department of 
Environmental Protection submitting certification of a public hearing.
    (101) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on December 9, 
1991.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated December 9, 1991 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Massachusetts Regulation 310 CMR 7.36, entitled ``Transit System 
Improvements'', Massachusetts Regulation 310 CMR 7.37, entitled ``High 
Occupancy Vehicle Facilities'', and amendments to 310 CMR 7.00, entitled 
``Definitions,'' effective in the Commonwealth of Massachusetts on 
December 6, 1991.
    (102)  [Reserved]
    (103) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 15, 
1993 and May 11, 1994, substituting the California Low Emission Vehicle 
program for the Clean Fuel Fleet program.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated November 15, 1993 and May 11, 1994, submitting a 
revision to the Massachusetts State Implementation Plan which 
substitutes the California Low Emission Vehicle program for the Clean 
Fuel Fleet program.
    (B) A regulation dated and effective January 31, 1992, entitled ``U 
Low Emission Vehicle Program'', 310 CMR 7.40.
    (C) Additional definitions to 310 CMR 7.00 ``Definitions'' (dated 
and effective 1/31/92) to carry out the requirements set forth in 310 
CMR 7.40.
    (ii) Additional materials.
    (A) Additional nonregulatory portions of the submittal.
    (104) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on March 31, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated March 31, 1994 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Final Plan Approval No. 4P92012, dated and effective March 16, 
1994 imposing reasonably available control technology on Brittany Dyeing 
and

[[Page 527]]

Finishing of New Bedford, Massachusetts.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (105) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 6, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated June 6, 1994 submitting a revision to the Massachusetts 
State Implementation Plan.
    (B) 310 CMR 7.02(12) ``U Restricted Emission Status'' effective in 
the Commonwealth of Massachusetts on February 25, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (106) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 28, 1990, 
September 30, 1992, and July 15, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated June 28, 1990, submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Letter from the Massachusetts Department of Environmental 
Protection, dated September 30, 1992, submitting a revision to the 
Massachusetts State Implementation Plan.
    (C) Letter from the Massachusetts Department of Environmental 
Protection, dated July 15, 1994, submitting a revision to the 
Massachusetts State Implementation Plan.
    (D) Regulation 310 CMR 7.12 entitled ``Inspection Certification 
Record Keeping and Reporting'' which became effective on July 1, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of submittal.
    (B) Letter from the Massachusetts Department of Environmental 
Protection, dated December 30, 1994, assuring EPA that the data elements 
noted in EPA's December 13, 1994 letter were being incorporated into the 
source registration forms used by Massachusetts emission statement 
program.
    (ii) Additional materials.
    (A) Nonregulatory portions of submittal.
    (107) Massachusetts submitted the Oxygenated Gasoline Program on 
October 29, 1993. This submittal satisfies the requirements of section 
211(m) of the Clean Air Act, as amended.
    (i) Incorporation by reference.
    (A) Letter dated October 29, 1993 which included the oxygenated 
gasoline program, amendments to the Massachusetts Air Pollution Control 
Regulations, 310 CMR 7.00, with an effective date of March 1, 1994, 
requesting that the submittal be approved and adopted as part of 
Massachusetts' SIP.
    (ii) Additional materials.
    (A) The Technical Support Document for the Redesignation of the 
Boston Area as Attainment for Carbon Monoxide submitted on December 12, 
1994.
    (108) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on January 9, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated January 9, 1995 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the Commonwealth of Massachusetts effective on November 
18, 1994: 310 Code of Massachusetts Regulations Section 7.25 U Best 
Available Controls for Consumer and Commercial Products.
    (109) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on January 9, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated January 9, 1995, submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the Commonwealth of Massachusetts effective on December 
16, 1994: 310 Code of Massachusetts Regulations Section 7.18(28) 
Automotive Refinishing.

[37 FR 10871, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1120, see the List of CFR

[[Page 528]]

Sections Affected in the Finding Aids section of this volume.



Sec. 52.1121   Classification of regions.

    The Massachusetts plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Metropolitan Boston Intrastate............................           I          I       III         I          I
Merrimack Valley-Southern New Hampshire Interstate........           I          I       III       III        III
Metropolitan Providence Interstate........................           I          I       III       III        III
Central Massachusetts Intrastate..........................           I         II       III       III        III
Hartford-New Haven-Springfield Interstate.................           I          I       III         I          I
Berkshire Intrastate......................................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------

[37 FR 10872, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 
FR 61303, Sept. 16, 1980]
Sec. 52.1122  [Reserved]



Sec. 52.1123  Approval status.

    (a) With the exceptions set forth in this subpart the Administrator 
approves the Massachusetts plan as identified in Sec. 52.1120 for 
attainment and maintenance of the national standards under section 110 
of the Clean Air Act. Furthermore, the Administrator finds that the plan 
identified in Sec. 52.1120 satisfies all requirements of Part D, Title I 
of the Clean Air Act as amended in 1977, except as noted below. In 
addition, continued satisfaction of the requirements of Part D of the 
ozone portion of the SIP depends on the adoption and submittal of RACT 
requirements by July 1, 1980 for the sources covered by CTGs issued 
between January 1978 and January 1979 and adoption and submittal by each 
subsequent January of additional RACT requirements for sourceovered by 
CTGs issued by the previous January.
    (b) The above requirements for continued satisfaction of Part D are 
fulfilled by Massachusetts Regulation 310 CMR 7.18(17) and a narrative 
commitment to review CTG IIIs issued in the future. Both were submitted 
on September 9, 1982. Additionally, each individual RACT determination 
made under 310 CMR 7.18(17) will be submitted as a SIP revision to 
incorporate the limitation into the SIP, and DEQE will propose 
regulations for CTG III category controls if the controls are 
appropriate for the State.

[45 FR 61303, Sept. 16, 1980, as amended at 48 FR 51485, Nov. 9, 1983]



Sec. 52.1124   Review of new sources and modifications.

    (a) Revisions to Regulation 310 CMR 7.02(2)(d) submitted on March 
30, 1979 are disapproved because they do not satisfy the requirements of 
Sec. 51.161.

[39 FR 7281, Feb. 25, 1974, as amended at 40 FR 47495, Oct. 9, 1975; 45 
FR 2043, Jan. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR 33923, June 29, 
1995]



Sec. 52.1126   Control strategy: Sulfur oxides.

    (a) The revisions to the control strategy resulting from the 
modification to the emission limitations applicable to the sources 
listed below or resulting from the change in the compliance date for 
such sources with the applicable emission limitation is hereby approved. 
All regulations cited are air pollution control regulations of the 
State, unless otherwise noted. (See Sec. 52.1125 for compliance schedule 
approvals and disapprovals pertaining to one or more of the sources 
listed below.)

----------------------------------------------------------------------------------------------------------------
                                                                         Regulation                             
                  Source                             Location             involved         Date of adoption     
----------------------------------------------------------------------------------------------------------------
Deerfield Specialty Papers, Inc..........  Monroe Bridge...............      5.1.2   Oct. 17, 1972.             
Hollingsworth & Vose Co..................  East Walpole................      5.1.2   June 29, 1972.             
Pepperell Paper Co.......................  Pepperell...................      5.1.2   Nov. 29, 1972.             
Stevens Paper Mills, Inc.................  Westfield and South Hadley..      5.1.2   July 27, 1972.             
Tileston and Hollingsworth Co............  Hyde Park...................      5.1.1   Nov. 21, 1972.             

[[Page 529]]

                                                                                                                
All sources in Berkshire APCD............  ............................      5.1.2       Do.                    
----------------------------------------------------------------------------------------------------------------

    (b)(1) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) for the Pioneer Valley Air Pollution Control District, which allows 
a relaxation of sulfur in fuel limitations under certain conditions, is 
approved for the following sources. All other sources remain subject to 
the previously approved requirements of Regulation 7.05(1) which 
stipulate that sources are required to burn residual fuel oil having a 
sulfur content not in excess of 0.55 pounds per million Btu heat release 
potential (approximately equivalent to 1 percent sulfur content.)

Deerfield Specialty Paper Company, Monroe Bridge; Amherst College, 
Amherst; Brown Company, Holyoke; Monsanto Polymer and Petrochemical 
Company, Building 21, Springfield; Monsanto Polymer and Petrochemical 
Company, Building 49, Springfield; Mount Holyoke College, South Hadley; 
Uniroyal Tire Inc., Chicopee; Smith College, Northampton; West 
Springfield Generating Station, Western Massachusetts Electric, West 
Springfield.

                           Pioneer Valley APCD

Belchertown State School, Belchertown
James River Graphics (formerly Scott Graphics), south Hadley 
(conditioned upon operation of the boilers on only one of the two stacks 
at any given time, and operation being so restricted in the source's 
operating permit granted by the Massachusetts Department of 
Environmental Quality Engineering.)
Massachusetts Mutual Life Insurance Company, Springfield.
Northampton State Hospital, Northampton.
Springfield Technical Community College, Springfield.
Stanley Home Products, Easthampton.
Stevens Elastomeric Industries, Easthampton.
Ware Industries, Ware.
Westfield State College, Westfield.
Westover Air Force Base (Building 1411), Chicopee.
University of Massachusetts, Amherst.
Mount Tom Generating Station, Holyoke.

    (2) Massachusetts Regulation 310 CMR 7.05(1)(e)(3) for Pioneer 
Valley, as submitted on March 2, 1979, and May 5, 1981, which allows 
sources in Hampshire and Franklin Counties rated at less than 100 
million Btu per hour heat input capacity to burn fuel oil having a 
sulfur content of not more than 1.21 pounds per million Btu heat release 
potential (approximately equivalent to 2.2% sulfur content) is approved 
for all such sources with the exception of:

Strathmore Paper Co., Montague.

    (c) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) which allows a relaxation of sulfur in fuel limitations for the 
Central Massachusetts Air Pollution Control District, except in the City 
of Worcester, is approved for the following sources. All other sources 
remain subject to the previously approved requirements of Regulation 
7.05(1) which stipulate that sources are required to burn residual fuel 
oil having a sulfur content not in excess of 0.55 pounds per million BTU 
heat release potential (approximately equivalent to 1 percent sulfur 
content fuel oil).

American Optical Company, Southbridge, Wyman Gordon Company, Grafton, 
James River--Massachusetts Inc., Fitchburg, Fitchburg Paper Company, 
Fitchburg (only boilers which emit through the 55 meter stack).

                       Central Massachusetts APCD

Borden, Inc., Chemical Division, Leominster (conditioned upon first 
completing construction of new stack and certification of completion to 
the EPA by the Massachusetts Department of Environmental Quality 
Engineering.).
Gardner State Hospital, Gardner.
Grafton State Hospital, Grafton.
Haywood-Shuster Woolen, E. Douglas.
Cranston Prints Works, Webster.
Baldwinville products, Templeton--(conditioned upon first completing 
construction of new stack, and certification of completion to the EPA by 
the Massachusetts Department of Environmental Quality Engineering.).

    (d) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) for the Southeastern Massachusetts Air Pollution Control District, 
which allows a relaxation of sulfur in fuel limitations under certain 
conditions is approved for the following sources. All other sources 
remain subject to the previously approved requirements of Regulation 
7.05(1) which stipulate that sources are required to burn residual fuel 
oil having a sulfur content not in

[[Page 530]]

excess of 0.55 pounds per million Btu heat release potential 
(approximately equivalent to 1 percent sulfur content.)

New England Power Company, Brayton Point Station, Somerset; Montaup 
Electric Company, Somerset Station, Somerset (limited to 75% capacity 
while burning higher sulfur fuels.) Canal Electric Company, Sandwich; 
Taunton Municipal Lighting Plant, Somerset Avenue, Taunton.

                     Southeastern Massachusetts APCD

L&O Realty Trust, Taunton.
New Bedford Gas and Electric, New Bedford.
Texas Instruments, Attleboro.
Arkwright Finishing Incorporated, Fall River.
Foster Forbes Glass Company, Milford.
Owens Illinois Inc., Mansfield.
Harodite Finishing Corporation, Dighton--(conditioned upon prior removal 
of rain-caps from stack, and certification of completion to the EPA by 
the Massachusetts Department of Environmental Quality Engineering.)
Polaroid Corporation, New Bedford.

    (e) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) for the Merrimack Valley Air Pollution Control District, excluding 
the City of Lawrence and the towns of Andover, Methuen, and North 
Andover, which allows a relaxation of sulfur in fuel limitations under 
certain conditions, is approved for the following sources. All other 
sources remain subject to the previously approved requirements of 
Regulation 7.05(1) which stipulates that sources are required to burn 
residual fuel oil having a sulfur content not in excess of 0.55 pounds 
per million Btu heat release potential (approximately equivalent to 1 
percent sulfur content).

Hollingsworth and Vose, West Groton; James River Paper, Pepperell; 
Haverhill Paperboard Corp., Haverhill. Residual oil burning facilities 
less than 100 million Btu's per hour heat input capacity, except in the 
City of Lawrence, and Towns of Andover, Methuen, and North Andover.

    (f) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) for the Metropolitan Boston Air Pollution Control District, which 
allows a relaxation of sulfur in fuel limitations under certain 
conditions, is approved for the following sources. All other sources 
remain subject to the previously approved requirements of Regulation 
7.05(1) which stipulate that sources in Arlington, Belmont, Boston, 
Brookline, Cambridge, Chelsea, Everett, Malden, Medford, Newton, 
Somerville, Waltham, and Watertown (the Boston Core Area) are limited to 
burn fuel with a sulfur content not in excess of 0.28 pounds per million 
Btu heat release potential (approximately 0.5% sulfur content residual 
oil; sources in the remaining APCD are limited to burn fuel with a 
sulfur content not in excess of 0.55 pounds per million Btu heat release 
potential (approximately 1% sulfur content residual oil).

                        Metropolitan Boston APCD

General Motors, Framingham.
Polaroid Corporation, Norwood.
Bird and Son, East Walpole.
Massachusetts Correctional Institute, South Walpole.
Bridgewater State College, Bridgewater.
Hanscom Field, Bedford.
Wellesley College, Wellesley.
National Tanning and Trading, Peabody.
General Tire, Reading.
General Food Corporation, Atlantic Gelatin, Woburn.
Massachusetts Correctional Institute, Bridgewater.
W. R. Grace, Acton.
Massachusetts Correctional Institute, Concord.
Danvers State Hospital, Danvers.
New England Power Company, Salem Harbor Station, Salem; Boston Edison, L 
Street, New Boston Station, Boston; Boston Edison, Mystic Station, 
Everett; Ventron Corporation, Danvers; General Electric, Lynn River 
Works, Lynn; U.S.M. Corporation, Beverly; Medfield State Hospital, 
Medfield; General Dynamics, Quincy; Hollingsworth and Vose, East 
Walpole; Kendal Company, Walpole; Dennison Manufacturing Company, 
Framingham.
Procter and Gamble Company, Quincy.
Natick Paperboard Corporation, Natick.

[38 FR 9089, Apr. 10, 1973]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1126, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.1127  Attainment dates for national standards.

    The following table presents the latest dates by which the national 
standards are to be attained. The table reflects the new information 
presented in the approved Massachusetts plan.

[[Page 531]]



----------------------------------------------------------------------------------------------------------------
                                              TSP                   SO2                                         
        Nonattainment areas         --------------------------------------------    NO2         CO         O3   
                                      Primary   Secondary   Primary   Secondary                                 
----------------------------------------------------------------------------------------------------------------
Metropolitan Boston:                                                                                            
  Intrastate.......................  .........  .........          c          g          b  .........          h
  Boston...........................  .........  .........  .........  .........  .........          h  .........
  Danvers..........................          a          g  .........  .........  .........  .........  .........
  Cambridge........................          a          g  .........  .........  .........          h  .........
  Framingham.......................          a          g  .........  .........  .........  .........  .........
  Lynn.............................          a          g  .........  .........  .........  .........  .........
  Marblehead.......................          a          g  .........  .........  .........  .........  .........
  Norwood..........................          a          g  .........  .........  .........  .........  .........
  Medford..........................          a          g  .........  .........  .........          h  .........
  Peabody..........................          a          g  .........  .........  .........  .........  .........
  Quincy...........................          a          g  .........  .........  .........          h  .........
  Revere...........................          a          g  .........  .........  .........  .........  .........
  Swampscott.......................          a          g  .........  .........  .........  .........  .........
  Waltham..........................          a          g  .........  .........  .........          h  .........
  Remainder AQCR...................          a          b  .........  .........  .........          b  .........
Merrimack Valley-Southern:                                                                                      
  NH Interstate....................  .........  .........          c          c          b  .........          h
  Lowell...........................  .........  .........  .........  .........  .........          h  .........
  Haverhill........................          a          g  .........  .........  .........  .........  .........
  Lawrence.........................          a          g  .........  .........  .........  .........  .........
  Remainder AQCR...................          a          b  .........  .........  .........          b  .........
Metropolitan Providence:                                                                                        
  Interstate.......................  .........  .........          c          c          b          b          h
Fall River.........................          a          g  .........  .........  .........  .........  .........
  Remainder of AQCR................          a          b  .........  .........  .........  .........  .........
Central Mass Intrastate............  .........  .........          a          c          b  .........          h
  Worcester........................          f          g  .........  .........  .........          h  .........
  Athol............................          a          g  .........  .........  .........  .........  .........
  Fitchburg........................          a          g  .........  .........  .........  .........  .........
  Remainder of AQCR................          a          b  .........  .........  .........          b  .........
Hartford-New Haven Springfield:                                                                                 
  Interstate.......................  .........  .........          a          c          b  .........          h
  Springfield......................          a          g  .........  .........  .........          h  .........
  Remainder AQCR...................          a          b  .........  .........  .........          b  .........
Berkshire Intrastate...............  .........  .........          a          b          b          b          h
  Adams............................          a          g  .........  .........  .........  .........  .........
  North Adams......................          a          g  .........  .........  .........  .........  .........
  Pittsfield.......................          a          g  .........  .........  .........  .........  .........
  Remainder AQCR...................          a          b  .........  .........  .........  .........  .........
----------------------------------------------------------------------------------------------------------------
Note: Footnotes which are underlined are prescribed by the Administrator because the plan did not provide a     
  specific date or the date provided was not acceptable.                                                        
                                                                                                                
a. Air quality levels presently below primary standards or area is unclassifiable.                              
b. Air quality levels presently below secondary standards or area is unclassifiable.                            
c. May 31, 1975.                                                                                                
d. August 1, 1978.                                                                                              
e. May 31, 1977.                                                                                                
f. January 1, 1979.                                                                                             
g. 18-month extension for plan submittal granted, attainment date not yet proposed.                             
h. December 31, 1987.                                                                                           
                                                                                                                
Sources subject to plan requirements and attainment dates established under section 110(a)(2)(A) prior to the   
  1977 Clean Air Act Amendments remain obligated to comply with those requirements by the earlier deadlines. The
  earlier attainment dates are set out at 40 CFR 52.1127 (1978).                                                

[45 FR 61303, Sept. 16, 1980; 46 FR 33524, June 30, 1981]



Sec. 52.1128   Transportation and land use controls.

    (a) For purposes of this subpart, the definitions herein are 
applicable.
    (b) Definitions:
    (1) Register as applied to a motor vehicle, means the licensing of 
such motor vehicle for general operation on public roads or highways by 
the appropriate agency of the Federal Government or by the Commonwealth.
    (2) Boston Intrastate Region means the Metropolitan Boston 
Intrastate Air Quality Control Region, as defined in Sec. 81.19 of this 
part.
    (3) [Reserved]
    (4) Freeze area means that portion of the Boston Intrastate Region 
enclosed within the following boundaries:
    The City of Cambridge; that portion of the City of Boston from the 
Charles River and the Boston Inner Harbor on

[[Page 532]]

north and northeast of pier 4 on Northern Avenue; by the east side of 
pier 4 to B Street, B Street extension of B Street to B Street, B 
Street, Dorchester Avenue, and the Preble Street to Old Colony Avenue, 
then east to the water, then by the water's edge around Columbia Point 
on various courses generally easterly, southerly, and westerly to the 
center of the bridge on Morrissey Boulevard, on the east and southeast; 
then due west to Freeport Street, Freeport Street, Dorchester Avenue, 
Southeast Expressway, Southampton Street, Reading Street, Island Street, 
Chadwick Street, Carlow Street, Albany Street, Hunneman Street, Madison 
Street, Windsor Street, Cabot Street, Ruggles Street, Parker Street, 
Ward Street, Huntington Avenue, Brookline-Boston municipal boundary, 
Mountford Street to the Boston University Bridge on the southwest and 
west; and the Logan International Airport. Where a street or roadway 
forms a boundary the entire right-of-way of the street is within the 
freeze area as defined.
    (5) Boston proper means that portion of the City of Boston, 
Massachusetts, contained within the following boundaries: The Charles 
River and Boston Inner Harbor on the northwest, north, and northeast, 
the Inner Harbor, Fort Point Channel, Fitzgerald Expressway, and the 
Massachusetts Avenue Expressway access branch on the east and southeast, 
and Massachusetts Avenue on the west. Where a street or roadway forms a 
boundary, the entire right-of-way of the street is within the Boston 
proper area as here defined.
    (6) Regional Administrator means the Administrator of Region I of 
the U.S. Environmental Protection Agency.
    (7) Governor means the Governor of the Commonwealth or the head of 
such executive office of the Commonwealth as the Governor shall 
designate as responsible for carrying out specific provisions of this 
subpart.
    (8) Commonwealth means the Commonwealth of Massachusetts.

[40 FR 25161, June 12, 1975]
Secs. 52.1129--52.1130  [Reserved]



Sec. 52.1131  Control strategy: Particulate matter.

    (a) Revisions to the following regulations submitted on March 30, 
1979 are disapproved:
    (1) Regulation 310 CMR 7.02(8), Table 2, new facilities greater than 
250 million Btu/hr input burning solid fuel.
    (2) Regulation 310 CMR 7.02(9), Table 5.

[45 FR 2044, Jan. 10, 1980]



Sec. 52.1132  Control strategy: Carbon Monoxide.

    (a) Approval-On November 13, 1992, the Massachusetts Department of 
Environmental Protection submitted a revision to the carbon monoxide 
State Implementation Plan for the 1990 base year emission inventory. The 
inventory was submitted by the State of Massachusetts to satisfy Federal 
requirements under section 182(a)(1) of the Clean Air Act as amended in 
1990, as a revision to the carbon monoxide State Implementation Plan.
    (i) Approval--On December 12, 1994, the Massachusetts Department of 
Environmental Protection submitted a request to redesignate the Boston 
Area carbon monoxide nonattainment area to attainment for carbon 
monoxide. As part of the redesignation request, the State submitted a 
maintenance plan as required by 175A of the Clean Air Act, as amended in 
1990. Elements of the section 175A maintenance plan include a base year 
(1993 attainment year) emission inventory for carbon monoxide, a 
demonstration of maintenance of the carbon monoxide NAAQS with projected 
emission inventories to the year 2010 for carbon monoxide, a plan to 
verify continued attainment, a contingency plan, and an obligation to 
submit a subsequent maintenance plan revision in 8 years as required by 
the Clean Air Act. If the area records a violation of the carbon 
monoxide NAAQS (which must be confirmed by the State), Massachusetts 
will implement one or more appropriate contingency measure(s) which are 
contained in the contingency plan. The menu of contingency measures 
includes an enhanced

[[Page 533]]

motor vehicle inspection and maintenance program and implementation of 
the oxygenated fuels program. The redesignation request and maintenance 
plan meet the redesignation requirements in sections 107(d)(3)(E) and 
175A of the Act as amended in 1990, respectively. The redesignation 
meets the Federal requirements of section 182(a)(1) of the Clean Air Act 
as a revision to the Massachusetts Carbon Monoxide State Implementation 
Plan for the above mentioned area.

[61 FR 2923, Jan. 30, 1996]
Sec. 52.1133  [Reserved]



Sec. 52.1134   Regulation limiting on-street parking by commuters.

    (a) On-street parking means parking a motor vehicle on any street, 
highway, or roadway, except for legal stops within designated loading 
zones or areas defined for loading purposes, at or before intersections, 
as caution, safety and emergencies require, whether or not a person 
remains in the vehicle.
    (b) Commencing on or before June 30, 1974, the Commonwealth, the 
City of Boston, the City of Cambridge, and administrative bodies of any 
of them having jurisdiction over any streets, highways, or roadways 
within the City of Cambridge or Boston proper, and the principal 
officials and administrative bodies thereof having responsibility over 
parking on such streets, highways, or roadways, shall adopt all 
necessary administrative and enforcement procedures and regulations to 
effect a prohibition of on-street parking within Boston proper between 
the hours of 7 a.m. and 9:30 a.m., and within the City of Cambridge 
between the hours of 7 a.m. and 10 a.m., except Saturdays, Sundays and 
legal holidays. The regulations shall state that violation of the 
prohibition shall be punishable by a fine of not less than $15. The City 
of Boston shall at a minimum eliminate 50 percent of on-street parking 
during the hours specified by January 1, 1976; 66\2/3\ percent by 
September 1, 1976; and 100 percent by March 1, 1977. The City of 
Cambridge shall at a minimum eliminate 33\1/3\ percent of on-street 
parking during the hours specified by September 30, 1974; 66\2/3\ 
percent by July 1, 1975; and 100 percent by March 1, 1977. Any other 
affected entity shall at a minimum eliminate 33\1/3\ percent of such 
parking during the hours of 7 a.m. to 10 a.m. by January 1, 1976; 66\2/
3\ percent by September 1, 1976, and 100 percent by March 1, 1977.
    (c) The following classes of vehicles shall be exempt from the 
requirements of this section, provided that on-street parking by such 
vehicles is in compliance with local and state regulations:
    (1) Vehicles owned by residents of that portion of Boston included 
within Boston proper that are registered in Boston and display a 
resident parking sticker for that area issued by the City of Boston;
    (2) Vehicles owned by residents of Cambridge that are registered in 
and parked within Cambridge and display an appropriate parking sticker 
issued by the City of Cambridge;
    (3) Vehicles owned and operated by handicapped persons with HP 
license plates; and
    (4) Vehicles registered as ``commercial vehicles'' by the 
Commonwealth and displaying appropriate license plates.
    (d) On or before June 30, 1974, no owner or operator of a motor 
vehicle shall park, or permit the on-street parking of, said vehicle 
within Cambridge or Boston proper except in conformity with the 
provisions of this section and the measures implementing it.
    (e) The Governor and the chief executive of any other governmental 
entity on which obligations are imposed by paragraph (b) of this section 
should, on or before April 15, 1974, submit to the Regional 
Administrator for his approval a detailed statement of the legal and 
administrative steps selected to effect the prohibition provided for in 
paragraphs (b) and (d) of this section, and a schedule of implementation 
consistent with the requirements of this section. Such schedule shall 
include as a minimum the following:
    (1) Designation of one or more agencies responsible for the 
administration and enforcement of the program;
    (2) The procedures by which the designated agency will enforce the 
prohibition provided for in paragraphs (b) and (d) of this section;

[[Page 534]]

    (3) The procedures by which vehicles exempt from the requirements of 
this section will be marked; and
    (4) A map showing which streets will be subject to the ban according 
to the schedule of implementation.
    (f) Upon a finding that substantial hardship would otherwise be 
experienced by employees of employment facilities located in Cambridge, 
the Director of Traffic and Parking of the City of Cambridge may issue 
special parking stickers to such employees which shall entitle vehicles 
to park during the hours of the ban. Such stickers shall be valid only 
for those streets and areas of streets clearly identified on the face of 
such stickers, shall be issued with preference being given to carpools 
and vanpools and shall be subject to immediate revocation if the vehicle 
is cited for a parking violation on a street or area other than those 
designated. A list of all persons receiving such stickers shall be sent 
to the Regional Administrator on or before July 1 of each year.
    (g) The ban shall not apply to any street space which is subject to 
metered parking with a maximum allowable time limit of one hour.

[40 FR 25162, June 12, 1975]



Sec. 52.1135   Regulation for parking   freeze.

    (a) Definitions:
    (1) The phrase to commence construction means to engage in a 
continuous program of on-site construction including site clearance, 
grading, dredging, or land filling specifically designed for a parking 
facility in preparation for the fabrication, erection, or installation 
of the building components of the facility. For the purpose of this 
paragraph, interruptions resulting from acts of God, strikes, 
litigation, or other matters beyond the control of the owner shall be 
disregarded in determining whether a construction or modification 
program is continuous.
    (2) The phrase to commence modification means to engage in a 
continuous program of on-site modification including site clearance, 
grading, dredging, or land filling in preparation for a specific 
modification of the parking facility.
    (3) The phrase commercial parking space means a space used for 
parking a vehicle in a commercial parking facility.
    (4) [Reserved]
    (5) Commercial parking facility (also called facility) means any 
lot, garage, building or structure, or combination or portion thereof, 
on or in which motor vehicles are temporarily parked for a fee, 
excluding (i) a parking facility, the use of which is limited 
exclusively to residents (and guests of residents) of a residential 
building or group of buildings under common control, and (ii) parking on 
public streets.
    (6) Freeze means to maintain at all times after October 15, 1973, 
the total quantity of commercial parking spaces available for use at the 
same amounts as were available for use prior to said date; Provided, 
That such quantity may be increased by spaces the construction of which 
commenced prior to October 15, 1973, or as specifically permitted by 
paragraphs (n), (p) and (q) of this section; provided further that such 
additional spaces do not result in an increase of more than 10 percent 
in the total commercial parking spaces available for use on October 15, 
1973, in any municipality within the freeze area or at Logan 
International Airport (``Logan Airport''). For purposes of the last 
clause of the previous sentence, the 10 percent limit shall apply to 
each municipality and Logan Airport separately.
    (b) [Reserved]
    (c) There is hereby established a freeze, as defined by paragraph 
(a)(6) of this section, on the availability of commercial parking 
facilities in the freeze area effective October 15, 1973. In the event 
construction in any municipality, commenced prior to October 15, 1973, 
results in a number of spaces which exceeds the 10 percent limit 
prescribed by paragraph (a)(6) of this section, then the Governor shall 
immediately take all necessary steps to assure that the available 
commercial spaces within such municipality shall be reduced to comply 
with the freeze. In the event that such limit is exceeded at Logan 
Airport, then the provisions of paragraph (m) of this section shall 
apply.
    (d) [Reserved]

[[Page 535]]

    (e) After August 15, 1973, no person shall commence construction of 
any commercial parking facility or modification of any such existing 
facility in the freeze area unless and until he has obtained from the 
Governor or from an agency approved by the Governor a permit stating 
that construction or modification of such facility will be in compliance 
with the parking freeze established by paragraph (c) of this section. 
This paragraph shall not apply to any proposed parking facility for 
which a general construction contract was finally executed by all 
appropriate parties on or before August 15, 1973.
    (f) The Governor shall notify the Regional Administrator in writing 
within 10 days of approval of any agency pursuant to paragraph (e) of 
this section. In order for any agency to be approved by the Governor for 
purposes of issuing permits pursuant to paragraph (e) of this section, 
such agency shall demonstrate to the satisfaction of the Governor that:
    (1) Requirements for permit application and issuance have been 
established. Such requirements shall include but not be limited to a 
condition that before a permit may be issued the following findings of 
fact or factually supported projections must be made:
    (i) The location of the facility; and
    (ii) The total motor vehicle capacity before and after the proposed 
construction or modification of the facility.
    (2) Criteria for issuance of permits have been established and 
published. Such criteria shall include, but not be limited to:
    (i) Full consideration of all facts contained in the application.
    (ii) Provisions that no permit will be issued if construction or 
modification of the facility will not comply with the requirements of 
paragraph (c) of this section.
    (3) Agency procedures provide that no permit for the construction or 
modification of a facility covered by this section shall be issued 
without notice and opportunity for public hearing. The public hearing 
may be of a legislative type; the notice shall conform to the 
requirements of 40 CFR 51.4(b); and the agency rules or procedures may 
provide that if no notice of intent to participate in the hearing is 
received from any member of the public (other than the applicant) prior 
to 7 days before the scheduled hearing date, no hearing need be held. If 
notice of intent to participate is required, the fact shall be noted 
prominently in the required hearing notice.
    (g)-(l) [Reserved]
    (m) On or before January 30, 1975, the Massachusetts Port Authority 
(``Massport'') shall prepare and submit to the Governor for his approval 
a plan showing the manner in which the number of commercial parking 
spaces at Logan Airport which exceeds the number of such spaces 
permitted under the freeze shall be removed from use. The Governor shall 
approve such plan if he determines that (1) implementation of such plan 
would result in reducing the aggregate number of commercial parking 
spaces to the level of such spaces permitted by this section, (2) 
Massport has adequate legal authority to implement such plan and (3) 
adequate commitments have been made by Massport to assure the Governor 
that such plan will be fully implemented and maintained on and after May 
1, 1976. In the event that the Governor does not approve such plan by 
April 1, 1976, then the owner or operator of each commercial parking 
facility located at Logan Airport shall, on or before July 1, 1976, 
reduce the number of commercial parking spaces available for use at each 
such facility by an amount which bears the same proportion to the number 
of spaces exceeding the limit imposed by this section as the number of 
spaces available at such facility bears the total number of such spaces 
which were available for use at Logan Airport on April 1, 1976.
    (n) Where an agency approved by the Governor under paragraph (e) of 
this section to issue permits for new construction in the City of 
Cambridge demonstrates to the satisfaction of the Governor that (1) 
specific on-street parking spaces in use as of October 15, 1973, were 
being legally and regularly used as of such date for parking by 
commuters (as that term is defined in Sec. 52.1161(a)(6)) who are not 
residents of Cambridge and that (2) effective measures have been 
implemented (including adequate enforcement) to prevent such

[[Page 536]]

spaces from being used by such commuters, then such approved agency may 
issue permits for construction of additional new commercial parking 
spaces equal to one-half of the number of spaces removed from regular 
use by such commuters and the total quantity of commercial parking 
spaces allowable in Cambridge under this section shall be raised 
accordingly.
    (o) On or before July 31, 1976, and on or before each succeeding 
July 31, the Governor and the chief executive officer of any agency 
approved by the Governor under paragraph (e) of this section shall 
submit a report to the Regional Administrator setting forth:
    (1) The names and addresses of all persons who received permits 
during the previous twelve-month period ending June 30 and number of 
spaces allocated to each such person;
    (2) The number of commercial parking spaces available for use as of 
the June 30 prior to the date of the report;
    (3) The number of commercial parking spaces which remain available 
for allocation by the Governor or such agency as of the June 30 prior to 
the date of the report, including those spaces made available because of 
retirement of existing commercial parking spaces as well as those spaces 
made available because of the effects of paragraphs (n), (p) and (q) of 
this section; and
    (4) The location and capacity of any park-and-ride facility 
designated under paragraph (p) of this section.
    (p) The Governor and any approved agency may issue a permit to 
construct a commercial parking facility which is designated by the 
Governor as a park-and-ride facility to be operated in conjunction with 
mass transit service without regard to the limitations on number of 
spaces imposed by this section.
    (q) Where an agency approved by the Governor can demonstrate to the 
satisfaction of the Governor that there have been physically eliminated 
through permanent modification or demolition any legal on-street parking 
spaces within a municipality then such agency may issue permits for 
construction within that municipality of additional new commercial 
parking spaces equal to the number of spaces thus eliminated and the 
total quantity of commercial parking spaces allowable for such 
municipality under this section shall be increased accordingly.
    (r) The provisions of this regulation shall cease to be effective as 
to that portion of the freeze area lying within the City of Boston and 
not included within Boston proper or Logan Airport at such time as the 
City of Boston implements a program, approved by the Governor, which 
shall include effective measures to control the construction of 
additional commercial parking spaces within that area, including 
procedures for issuance of conditional use permits under applicable 
zoning regulations and for assuring compliance with all air quality 
requirements under state and Federal law.

[40 FR 25162, June 12, 1975, as amended at 40 FR 39863, Aug. 29, 1975]
Secs. 52.1136--52.1144  [Reserved]



Sec. 52.1145   Regulation on organic solvent use.

    (a) Definitions:
    (1) Organic solvents include diluents and thinners and are defined 
as organic materials which are liquids at standard conditions and which 
are used as dissolvers, viscosity reducers, or cleaning agents, except 
that such materials which exhibit a boiling point higher than 220 deg. 
F. at 0.5 millimeters of mercury absolute pressure or having an 
equivalent vapor pressure shall not be considered to be solvents unless 
exposed to temperatures exceeding 220 deg. F.
    (2) Solvent of high photochemical reactivity means any solvent with 
an aggregate of more than 20 percent of its total volume composed of the 
chemical compounds classified below or which exceeds any of the 
following individual percentage composition limitations in reference to 
the total volume of solvent:
    (i) A combination of hydrocarbons, alcohols, aldehydes, esters, 
ethers, or ketones having an olefinic or cycloolefinic type of 
unsaturation: 5 percent;
    (ii) A combination of aromatic compounds with eight or more carbon 
atoms to the molecule except ethylbenzene: 8 percent;

[[Page 537]]

    (iii) A combination of ethylbenzene, ketones having branched 
hydrocarbon structures, trichloroethylene or toluene: 20 percent. 
Whenever any organic solvent or any constituent of an organic solvent 
may be classified from its chemical structure into more than one of the 
above groups of organic compounds, it shall be considered as a member of 
the most reactive chemical group, that is, that group having the least 
allowable percentage of total volume of solvents.
    (3) Organic materials are chemical compounds of carbon excluding 
carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, 
metallic carbonates, and ammonium carbonate.
    (b) This section is applicable throughout the Boston Intrastate 
Region. The requirements of this section shall be in effect in 
accordance with Sec. 52.1147.
    (c) No person shall cause, allow, suffer, or permit the discharge 
into the atmosphere of more than 15 pounds of organic materials in any 1 
day, nor more than 3 pounds of organic materials in any 1 hour, from any 
article, machine, equipment, or other contrivance, in which any organic 
solvent or any material containing organic solvent comes into contact 
with flame or is baked, heat-cured, or heat-polymerized, in the presence 
of oxygen, unless said discharge has been reduced as a result of the 
installation of abatement controls by at least 85 percent. Those 
portions of any series of articles, machines, equipment, or other 
contrivances designed for processing a continuous web, strip, or wire 
that emit organic materials and use operations described in this section 
shall be collectively subject to compliance with this section.
    (d) No person shall cause, suffer, allow, or permit the discharge 
into the atmosphere of more than 40 pounds of organic materials in any 1 
day, nor more than 8 pounds in any 1 hour, from any article, machine, 
equipment, or other contrivance used under conditions other than 
described in paragraph (c) of this section for employing, or applying 
any solvent of high photochemical reactivity or material containing such 
photochemically reactive solvent, unless said discharge has been reduced 
as a result of the installation of abatement controls by at least 85 
percent. Emissions of organic materials into the atmosphere resulting 
from air or heated drying of products for the first 12 hours after their 
removal from any article, machine, equipment or other contrivance 
described in this section shall be included in determining compliance 
with this section. Emissions resulting from baking, heat-curing, or 
heat-polymerizing as described in paragraph (c) of this section shall be 
excluded from determination of compliance with this section. Those 
portions of any series of articles, machines, equipment, or other 
contrivances designed for processing a continuous web, strip, or wire 
that emit organic materials and use operations described in this section 
shall be collectively subject to compliance with this section.
    (e) Emissions of organic materials to the atmosphere from the clean-
up with a solvent of high photochemical reactivity, or any article, 
machine, equipment, or other contrivance described in paragraph (c) or 
(d) of this section or in this paragraph, shall be included with the 
other emissions of organic materials from that article, machine, 
equipment or other contrivance for determining compliance with this 
section.
    (f) No person shall cause, suffer, allow, or permit during any one 
day disposal of a total of more than 1.5 gallons of any solvent of high 
photochemical reactivity, or of any material containing more than 1.5 
gallons of any such photochemically reactive solvent by any means that 
will permit the evaporation of such solvent into the atmosphere.
    (g) Emissions of organic materials into the atmosphere required to 
be controlled by paragraph (c) or (d) of this section shall be reduced 
by:
    (1) Incineration, provided that 90 percent or more of the carbon in 
the organic material being incinerated is converted to carbon dioxide, 
or
    (2) Adsorption, or
    (3) The use of other abatement control equipment determined by the 
Regional Administrator to be no less effective than either of the above 
methods.

[[Page 538]]

    (h) A person incinerating, adsorbing, or otherwise processing 
organic materials pursuant to this section shall provide, properly 
install and maintain in calibration, in good working order, and in 
operation, devices as specified in the authority to construct, or as 
specified by the Regional Administrator, for indicating temperatures, 
pressures, rates of flow, or other operating conditions necessary to 
determine the degree and effectiveness of air pollution control.
    (i) Any person using organic solvents or any materials containing 
organic solvents shall supply the Regional Administrator upon request 
and in the manner and form prescribed by him, written evidence of the 
chemical composition, physical properties, and amount consumed for each 
organic solvent used.
    (j) The provisions of this rule shall not apply to:
    (1) The manufacture of organic solvents, or the transport or storage 
of organic solvents or materials containing organic solvents.
    (2) The spraying or other use of insecticides, pesticides, or 
herbicides.
    (3) The employment, application, evaporation, or drying of saturated 
halogenated hydrocarbons or perchloroethylene.
    (4) The use of any material, in any article, machine, equipment or 
other contrivance described in paragraph (c), (d), or (e) of this 
section if:
    (i) The volatile content of such material consists only of water, 
and organic solvents;
    (ii) The organic solvents comprise not more than 30 percent by 
volume of said volatile content;
    (iii) The volatile content is not a solvent of high photochemical 
reactivity as defined in paragraph (a) of this section; and
    (iv) The organic solvent or any material containing organic solvent 
does not come into contact with flame. This last stipulation applies 
only for those articles, machines, equipment or other contrivances that 
are constructed or modified after November 8, 1973.
    (5) The use of any material, in any article, machine, equipment or 
other contrivance described in paragraph (c), (d), or (e) of this 
section if:
    (i) The organic solvent content of such material does not exceed 30 
percent by volume of said material;
    (ii) The volatile content is not a solvent of high photochemical 
reactivity; and
    (iii) [Reserved]
    (iv) The organic solvent or any material containing organic solvent 
does not come into contact with flame. This last stipulation applies 
only for those articles, machines, equipment or other contrivances that 
are constructed or modified after November 8, 1973.
    (6) [Reserved]
    (7) An article, machine, equipment or other contrivance described in 
paragraph (c), (d) or (e) of this section used exclusively for chemical 
or physical analyses or determination of product quality and commercial 
acceptance provided that--
    (i) The exemption is approved in writing by the Regional 
Administrator;
    (ii) The operator of said article, machine, equipment or contrivance 
is not an integral part of the production process; and
    (iii) The emissions from said article, machine, equipment or other 
contrivance do not exceed 800 lbs. in any calendar month.
    (8) Sources subject to the provisions of Massachusetts Regulation 
310 CMR 7.18 which has been federally approved.
    (k) [Reserved]
    (l) All determinations of emission rates shall be conducted in a 
manner approved in writing by the Regional Administrator.

[40 FR 25165, June 12, 1975, as amended at 47 FR 28373, June 30, 1982]
Sec. 52.1146  [Reserved]



Sec. 52.1147   Federal compliance schedules.

    (a) Except as provided in paragraph (c) of this section, the owner 
or operator of a source subject to regulation under paragraph (c)(1) of 
Sec. 52.1144 and Sec. 52.1145 shall comply with the increments of 
progress contained in the following schedule:
    (1) Final control plans for emission control systems or process 
modifications must be submitted on or before June 1, 1974, for sources 
subject to

[[Page 539]]

Sec. 52.1144(c)(1) and on or before May 1, 1974 for sources subject to 
Sec. 52.1145.
    (2) Contracts for emission control systems or process modifications 
must be awarded or orders must be issued for the purchase of component 
parts to accomplish emission control or process modifications on or 
before March 1, 1975, for sources subject to Sec. 52.1144(c)(1) and on 
or before July 1, 1974, for sources subject to Sec. 52.1145.
    (3) Initiation of on-site construction or installation of emission 
control equipment or process modification must begin on or before May 1, 
1975, for sources subject to Sec. 52.1144(c)(1) and on or before August 
15, 1974, for sources subject to Sec. 52.1145.
    (4) On-site construction or installation of emission control 
equipment or process modification must be completed prior to April 15, 
1975, except for purposes of paragraph (c)(1) of Sec. 52.1144, the 
applicable date shall be February 1, 1976.
    (5) Final compliance is to be achieved prior to May 31, 1975, except 
for sources subject to paragraph (c)(1) of Sec. 52.1144 of this subpart. 
Final compliance for sources subject to paragraph (c)(1) of Sec. 52.1144 
is to be achieved by June 1, 1976.
    (i) Facilities subject to paragraph (c)(1)(iii) of Sec. 52.1144 of 
this subpart which have a daily throughput of 20,000 gallons of gasoline 
or less are required to have a vapor recovery system in operation no 
later than May 31, 1977. Delivery vessels and storage containers served 
exclusively by facilities required to have a vapor recovery system in 
operation no later than May 31, 1977, also are required to meet the 
provisions of this section no later than May 31, 1977.
    (6) Any owner or operator of stationary sources subject to 
compliance schedule in this paragraph shall certify to the Administrator 
within 5 days after the deadline for each increment of progress, whether 
or not the required increment of progress has been met.
    (7) Any gasoline dispensing facility subject to paragraph (c)(1) of 
Sec. 52.1144 which installs a storage tank after October 15, 1973, shall 
comply with such paragraph by March 1, 1976. Any facility subject to 
such paragraph which installs a storage tank after March 1, 1976 shall 
comply with such paragraph at the time of installation.
    (b) Except as provided in paragraph (d) of this section, the owner 
or operator of a source subject to paragraph (d)(1) of Sec. 52.1144 
shall comply with the increments of progress contained in the following 
compliance schedule:
    (1) Final control plans for emission control systems or process 
modifications must be submitted prior to January 1, 1975.
    (2) Contracts for emission control systems or process modifications 
must be awarded or orders must be issued for the purchase of component 
parts to accomplish emission control or process modification prior to 
March 1, 1975.
    (3) Initiation of on-site construction or installation of emission 
control equipment or process modification must begin not later than May 
1, 1975.
    (4) On-site construction or installation of emission control 
equipment or process modification must be completed prior to May 1, 
1977.
    (5) Federal compliance is to be achieved prior to May 31, 1977.
    (6) Any owner or operator of stationary sources subject to the 
compliance schedule in this paragraph shall certify to the 
Administrator, within 5 days after the deadline for each increment of 
progress, whether or not the required increment of progress has been 
met.
    (7) Any gasoline dispensing facility subject to paragraph (d)(1) of 
Sec. 52.1144 which installs a gasoline dispensing system after the 
effective date of this regulation shall comply with the requirements of 
such paragraph by May 31, 1977. Any facility subject to such paragraph 
which installs a gasoline dispensing system after May 31, 1977, shall 
comply with such paragraph at the time of installation.
    (c) Paragraph (a) of this section shall not apply:
    (1) To a source which is presently in compliance with all 
requirements of paragraph (c)(1) of Sec. 52.1144 and Sec. 52.1145 and 
which has certified such compliance to the Administrator by June 1, 
1974. The Administrator may request whatever supporting information he 
considers necessary for proper certification.

[[Page 540]]

    (2) To a source for which a compliance schedule is adopted by the 
Commonwealth and approved by the Administrator.
    (3) To a source subject to Sec. 52.1144(c)(1) whose owner or 
operator submits to the Administrator by June 1, 1974, a proposed 
alternative compliance schedule. No such schedule may provide for 
compliance after March 1, 1976. If promulgated by the Administrator, 
such schedule shall satisfy the requirements of this paragraph for the 
affected source.
    (4) To a source subject to Sec. 52.1145 whose owner or operator 
submits to the Administrator by May 1, 1974, a proposed alternative 
compliance schedule. No such schedule may provide for compliance after 
May 31, 1975. If promulgated by the Administrator, such schedule shall 
satisfy the requirements of this paragraph for the affected source.
    (d) Paragraph (b) of this section shall not apply:
    (1) To a source which is presently in compliance with paragraph 
(d)(1) of Sec. 52.1144 and which has certified such compliance to the 
Administrator by January 1, 1975. The Administrator may request whatever 
supporting information he considers necessary for proper certification.
    (2) To a source for which a compliance schedule is adopted by the 
State and approved by the Administrator.
    (3) To a source whose owner or operator submits to the Administrator 
by June 1, 1974, a proposed alternative schedule. No such schedule may 
provide for compliance after May 31, 1977. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (e) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (a) or (b) of this section fails 
to satisfy and requirements of 40 CFR 51.15 (b) and (c).

[38 FR 30970, Nov. 8, 1973]

    Editorial Notes: (1) For Federal Register citations affecting 
Sec. 52.1147, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    (2) The compliance dates given in paragraphs (b) (1) through (3) of 
Sec. 52.1147 were deferred indefinitely at 40 FR 1127, Jan. 6, 1975.
Secs. 52.1148--52.1159  [Reserved]



Sec. 52.1160  Requirements for state implementation plan revisions relating to new motor vehicles.

    Massachusetts' adopted LEV program must be revised to the extent 
necessary for the state to comply with all aspects of the requirements 
of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]



Sec. 52.1161   Incentives for reduction in single-passenger commuter vehicle use.

    (a) Definitions:
    (1) Employer means any person or entity which employs 50 or more 
employees at any time during a calendar year at an employment facility 
located in the Boston Intrastate Region.
    (2) Educational institution means any person or entity which has 250 
or more employees and students at any time during the academic year at 
an educational facility offering secondary level or higher training 
including vocational training located in the Boston Intrastate Region.
    (3) Employee means any person who performs work for an employer 
thirty-five or more hours per week and for more than twenty weeks per 
year for compensation and who travels to and from work by any mode of 
travel.
    (4) Student means any full-time day student who does not live at the 
educational institution and who travels to and from classes by any mode 
of travel.
    (5) Affected facility means any employment facility at which 50 or 
more persons are employees or any educational facility at which 250 or 
more persons are students and employees.
    (6) Commuter means both an employee and a student.
    (7) Single-passenger commuter vehicle means a motor-driven vehicle 
with four or more wheels with capacity for a driver plus one or more 
passengers which is used by a commuter traveling alone to work or 
classes and is not customarily required to be used in the course of his 
employment or studies.
    (8) Base date means the date set forth in paragraph (d) of this 
section as of

[[Page 541]]

which the base number of single-passenger commuter vehicles at a 
particular employment facility or educational institution must be 
determined.
    (9) The Secretary means the Secretary of Transportation and 
Construction of the Commonwealth of Massachusetts.
    (b) Commencing with the effective date of this section, each 
employer and educational institution (except as provided below) shall 
diligently and expeditiously implement and thereafter continuously 
maintain the following mandatory measures which are designed to achieve 
a goal of reducing the number of single-passenger commuter vehicles 
customarily commuting daily to each affected facility as of its base 
date by 25 percent (or as adjusted pursuant to paragraph (g) of this 
section):
    (1) Making available to commuters any pass program offered by the 
Massachusetts Bay Transportation Authority, if any commuter to the 
facility uses the mass transit facilities of such Authority as part of 
his daily commuting trip, including making all administrative 
arrangements for commuters to purchase the pass and thereby participate 
in the pass program and encouraging commuters to participate by such 
means as publicizing the availability of the pass program and the cost 
advantages thereof.
    (2)--(8) [Reserved]

[40 FR 25166, June 12, 1975, as amended at 47 FR 28373, June 30, 1982; 
41 FR 10223, Mar. 10, 1976]



Sec. 52.1162   Regulation for bicycle use.

    (a) Definitions:
    (1) Bicycle means a two-wheel nonmotor-powered vehicle.
    (2) Bike path means a route for the exclusive use of bicycles 
separated by grade or other physical barrier from motor traffic.
    (3) Bike lane means a street lane restricted to bicycles and so 
designated by means of painted lanes, pavement coloring or other 
appropriate markings. A peak hour bike lane means a bike lane effective 
only during times of heaviest auto commuter traffic.
    (4) Bike route means a route in which bicycles share road space with 
motorized vehicles.
    (5) Bikeway means bike paths, bike lanes and bike routes.
    (6) Bicycle parking facility means any facility for the temporary 
storage of bicycles which allows the frame and both wheels of the 
bicycle to be locked so as to minimize the risk of theft and vandalism.
    (7) Parking facility means a lot, garage, building, or portion 
thereof in or of which motor vehicles are temporarily parked.
    (8) Parking space means the area allocated by a parking facility for 
the temporary storage of one automobile.
    (9) MBTA means the Massachusetts Bay Transportation Authority.
    (b) Application. This section shall be applicable in the Boston 
Intrastate Region.
    (c) Study. The Commonwealth, according to the schedule set forth in 
paragraph (d) of this section, shall conduct a comprehensive study of, 
and in that study recommend, the establishment of permanent bikeways and 
related facilities within the area described in paragraph (b) of this 
section. The study shall consider or include at least the following 
elements:
    (1) The physical design for bikeways, intersections involving 
bikeways, and means of bicycle link-ups with other modes of 
transportation;
    (2) The location of bikeways, including ascertaining high accident 
or pollution areas and developing means of avoiding or ameliorating 
those situations as well as means of providing intersection safety 
generally;
    (3) The location of bicycle parking facilities, including bus stops;
    (4) The rules of the road for bicyclists, and to the extent that 
present rules must be modified because of bikeways, new rules of the 
road for motorists. Also the feasibility of mandatory adult bicycle 
registration to minimize theft and increase recovery of stolen bicycles;
    (5) Bicycle safety education for bicyclists, motorists, children, 
students, street maintenance personnel and policemen, including 
requiring bicycle safety principles and safe street riding skills to be 
taught in high school automobile driver(s) education programs;

[[Page 542]]

    (6) Methods for publicizing bicycles or bicycles plus mass transit 
as alternatives to automobile transportation, including the preparation, 
perhaps in conjunction with bicentennial efforts, of a master Boston 
area transit map, indicating the kind, extent and location of bicycle 
facilities, public baths, showers, toilet facilities, water fountains, 
as well as routes and stops for MBTA, common carriers and private bus 
lines, such map to be distributed by the Registry of Motor Vehicles with 
each automobile new registration and automobile registration renewal;
    (7) Requiring or providing incentives for common carriers and mass 
transit carriers, especially the Blue Line of the MBTA, to provide 
bicycle parking facilities at their respective terminals and stations 
and bicycle carrying facilities on their respective vehicles;
    (8) The creation of roadway zones in which all vehicles, except mass 
transit, emergency and service vehicles, and bicycles, would be 
excluded;
    (9) Requiring or providing incentives for office buildings and 
employers to install and to provide free shower and locker facilities 
for cyclists;
    (10) A bicycle user and potential user survey, which shall at a 
minimum determine:
    (i) For present bicycle riders, the origin, destination, frequency, 
travel time, distance and purpose of bicycle trips;
    (ii) In high density employment areas, the present modes of 
transportation of employees and the potential modes of transportation, 
including the numbers of employees who would use a bicycle for a 
significant portion of their commuting transportation were suitable 
facilities available to them. This section of the study shall seek to 
ascertain the size of the working population that would move from 
automobiles to mass transit and bicycles or bicycles alone as a 
significant form of transportation. It shall also seek to ascertain what 
bicycle facilities or mix thereof would produce the greatest conversion 
from auto use;
    (11) The special problems related to the design and incorporation in 
the bikeway facilities described in paragraph (f) of this section of 
feeder bikeways to bridges, on-bridge bikeways, feeder bikeways to MBTA 
and railroad stations, feeder bikeways to fringe parking areas, and 
bicycle passage through rotaries and squares;
    (12) The conversion of railroad beds, power lines, flood control 
channels or similar corridors to bikepaths;
    (13) Removing barriers to employees bringing their bicycles into 
their offices;
    (14) Removal or alteration of drain grates with bars so placed as to 
catch bicycle wheels;
    (15) Bicycle rentals at appropriate locations; and
    (16) The feasibility of constructing bikeways along at least each of 
the corridors set forth in paragraph (g) of this section.

In conducting the study, opportunity shall be given for public comments 
and suggestions. Input shall also be solicited from state, regional and 
local planning staffs, state, regional and local agencies, bicycle 
organizations and other interested groups and be related to 
comprehensive transportation planning for the area designated in 
paragraph (b) of this section. The study shall, using as a goal a 
minimum of 180 miles of bikeways, examine as large a network of 
facilities as is practicable within the area described in paragraph (b) 
of this section and shall recommend physical designs for said 
facilities. The study shall also propose a compliance schedule for 
establishing any recommended permanent bicycle facilities.
    (d) The Commonwealth of Massachusetts shall submit to the Regional 
Administrator no later than October 1, 1975, a detailed compliance 
schedule showing the steps that will be taken to carry out the study 
required by paragraph (c) of this section. The compliance schedule shall 
at a minimum include:
    (1) Designation of the agency responsible for conducting the study;
    (2) A date for initiation of the study, which date shall be no later 
than October 1, 1975; and
    (3) A date for completion of the study, and submittal thereof to the 
Administrator, which date shall be no later than June 30, 1976.
    (e) On or before September 1, 1976, the Administrator shall publish 
in the

[[Page 543]]

Federal Register his response to the study required by paragraph (c) of 
this section, and shall, in that response, either approve the facility 
location and designs and other requirements as well as the proposed 
compliance schedule for permanent facilities recommended in the study, 
or shall designate alternative and/or additional facility locations and 
designs and other requirements as well as modify the proposed compliance 
schedule for permanent facilities. The Administrator may provide, if he 
deems it necessary, for a public comment period prior to the effective 
date of his response.
    (f) Permanent bicycle facilities. At the conclusion of the study 
required by paragraph (c) of this section and the Administrator's 
response thereto, the Commonwealth shall, together with the 
municipalities and other authorities having jurisdiction over affected 
roadways and areas establish permanent bicycle facilities as required by 
the Administrator's response to the study.
    (g) The potential bikeway corridors to be studied pursuant to 
paragraph (c)(16) are as follows:
    (1) Central Square, Cambridge to Boston University;
    (2) Harvard Square, Cambridge to Union Square, Allston;
    (3) Union Square, Somerville to Central Square, Cambridge;
    (4) Union Square, Allston to Government Center;
    (5) Harvard Square, Cambridge to Government Center;
    (6) Brookline Village to Government Center;
    (7) Boston University to Longwood Avenue Hospital Zone;
    (8) Egleston Square to Government Center;
    (9) Columbus Park to Boston Common;
    (10) L Street Beach to Government Center;
    (11) Powder House Circle, Somerville to Harvard Square;
    (12) Everett to Government Center;
    (13) Porter Square, Cambridge to Columbus Park, Boston;
    (14) Cleveland Circle to Government Center;
    (15) Porter Square, Cambridge to Government Center;
    (16) Harvard Square, Cambridge to Boston City Hospital; and
    (17) Charlestown, Longfellow, Harvard, Boston University, River 
Street, Western Avenue, Anderson, Summer Street, and Broadway Bridges.
    (h) The MBTA shall provide bicycle parking facilities at each major 
MBTA station adequate to meet the needs of MBTA riders within the area 
designated in paragraph (b) of this section. Said parking facilities 
shall at a minimum be located at:
    (1) All stations of the Riverside portion of the Green Line;
    (2) Reasonably spaced stops on other portions of the Green Line;
    (3) All stations of the Red, Orange, and Blue Lines; and shall have 
spaces for at least six bicycles per station, except for facilities at 
terminal stations which shall have spaces for at least 24 bicycles.
    (i) The Commonwealth shall provide for advertisement of bikeways and 
bicycle parking facilities in use within the area designated in 
paragraph (b) of this section to potential users by means of media 
advertisement, the distribution and posting of bikeway maps and bike 
safety information, as well as for a program of bicycle safety education 
including the motor vehicle operators license examination and public 
service advertisement.

[40 FR 25168, June 12, 1975]



Sec. 52.1163   Additional control measures for East Boston.

    (a) On or before December 31, 1975, the Governor, the Mayor of the 
City of Boston, the Chairman of the Massachusetts Bay Transportation 
Authority, the Chairman of the Massachusetts Turnpike Authority and the 
Chairman of the Massachusetts Port Authority (``Massport'') shall each 
submit to the Regional Administrator a study or studies of various 
alternative strategies to minimize the number of vehicle trips to and 
from Logan International Airport (``Logan Airport'') and to reduce the 
amount of carbon monoxide in the vicinity of the Callahan and Sumner 
Tunnels to a level consistent with the national primary ambient air 
quality standards. These studies may be

[[Page 544]]

combined into one or more joint studies. These studies shall contain 
recommendations for control measures to be implemented prior to May 31, 
1977. Measures to be studied shall include but need not be limited to, 
the following:
    (1) Incentives and programs for reductions in the use of single-
passenger vehicles through the Callahan and Sumner Tunnels;
    (2) Alterations in traffic patterns in the tunnel area;
    (3) Use of exclusive lanes for buses, carpools, taxis and limousines 
during peak travel hours;
    (4) Reduction of parking spaces at Logan Airport and increased 
parking charges at remaining spaces;
    (5) Construction of satellite terminal facilities for Logan Airport;
    (6) Use of alternate modes of transportation for trips to and from 
Logan Airport, and establishment of facilities at Logan Airport to 
accommodate such modes;
    (7) Improved transit service between the Blue Line subway stop and 
airline terminals at Logan Airport; and
    (8) Any other measures which would be likely to contribute to 
achieving the required reductions.
    (b) Massport shall monitor the number of vehicles entering and 
leaving Logan Airport so as to provide the Secretary of Transportation 
for the Commonwealth (the ``Secretary'') with reports on a semi-annual 
basis, beginning on January 30, 1976, showing total vehicle trips per 
day for the six-month period ending on the previous December 31 or June 
30, presented and tabulated in a manner prescribed by the Secretary.
    (c) Massport shall, on or before June 30, 1976, prepare and submit 
to the Secretary draft legislation which, if enacted into law, would 
alleviate local licensing problems of bus and limousine companies in 
order to facilitate increased and improved bus and limousine service for 
travelers using Logan Airport.
    (d) Massport shall negotiate with the Massachusetts Bay 
Transportation Authority to increase the convenience of the mass transit 
services currently available to travelers to Logan Airport.
    (e) Massport shall, on or before June 30, 1976, establish and 
maintain a program (which shall include the enclosure of this 
information in tickets or folders mailed by airlines using Logan 
Airport) to publicize the advantages in costs and convenience of the use 
of mass transit or other available transportation services by travelers 
using the airport, and making known to such persons the schedules, 
routes, connections, and other information necessary for them to 
conveniently use mass transit and such other services.
    (f) Massport shall, on or before October 15, 1975, establish a 
carpool program at Logan Airport, which shall include the elements 
specified in paragraphs (b)(7) (A) through (C) of Sec. 52.1161. For the 
purpose of applying the requirements of Sec. 52.1161 to the present 
paragraph:
    (1) The definitions in Sec. 52.1161 shall apply;
    (2) Each employer with any employment facility at Logan Airport 
shall cooperate with Massport in the development and implementation of 
the program;
    (3) Any such employer (including Massport) may fulfill its 
obligations under paragraph (b)(7) of Sec. 52.1161 by fully cooperating 
with and participating in the Logan Airport carpool program (including 
bearing its proportional share of the program's cost); and
    (g) Massport shall, on or before October 15, 1975, implement a 
program of systematic dissemination to employers and employees at Logan 
Airport of information regarding the Massachusetts Bay Transportation 
Authority pass program, bus and train schedules and rates, park-and-ride 
facilities, and other transportation programs and services available to 
employees at Logan Airport.
    (h) Massport shall, on or before January 1, 1976, implement and 
maintain a program to allow all employees at Logan Airport, regardless 
of the size of the particular employment facility at which they work, to 
participate in any available pass program made available by the 
Massachusetts Bay Transportation Authority, including the use of 
Massport as a central clearinghouse for the purpose of aggregating 
employees

[[Page 545]]

and for fiscal management of such pass program.

[40 FR 25169, June 12, 1975]



Sec. 52.1164   Localized high concentrations--carbon monoxide.

    (a) Not later than October 1, 1975, the Commonwealth shall have 
developed and have begun to implement a program to identify urban and 
suburban core areas and roadway/intersection complexes within the Boston 
Intrastate Region which violate the national ambient air quality 
standards for carbon monoxide. Once such localized areas have been 
identified, the Commonwealth, in cooperation with the affected local 
municipalities, shall develop and implement appropriate control 
strategies to insure that such air quality standards will be achieved at 
such areas. Plans shall be developed to include provisions for the 
entire municipality in order to insure that the implemented strategies 
will not create carbon monoxide violations elsewhere in the vicinity 
after the measures have been applied.
    (b) To accomplish the requirements of paragraph (a) of this section, 
the Commonwealth shall do the following:
    (1) Identify areas of potentially high carbon monoxide 
concentrations by reviewing all available traffic data, physical site 
data and air quality and meteorological data for all major intersections 
and roadway complexes within the Region. The Regional Administrator will 
provide general guidance on area designations to assist in the initial 
identification process.
    (2) Areas identified under paragraph (b)(1) of this section shall be 
studied in further detail, including meteorological modeling, traffic 
flow monitoring, air quality monitoring and other measures necessary to 
accurately quantify the extent and actual levels of carbon monoxide in 
the area. A report containing the results of these analyses and 
identifying such areas shall be submitted to the Regional Administrator 
no later than March 1, 1976.
    (3) If, after the completion of actions required by paragraph (b)(2) 
of this section, an area shows or is predicted to have violations of the 
carbon monoxide standard, the Commonwealth, in cooperation with the 
affected municipality, shall submit a plan to the Regional Administrator 
containing measures to regulate traffic and parking so as to reduce 
carbon monoxide emissions to achieve air quality standards in the area. 
Such plan shall include: the name of the agency responsible for 
implementing the plan, all technical data and analyses supporting the 
conclusions of the plan, all control strategies adopted as part of the 
plan, and other such information relating to the proposed program as may 
be required by the Regional Administrator. The Regional Administrator 
shall provide general guidance on applicable control strategies and 
reporting formats to assist in plan development and submittal. Such a 
plan shall be submitted for each municipality which contains one or more 
identified areas no later than October 1, 1975 for Waltham and October 
1, 1976, for other areas.
    (4) All measures called for in the plan submitted under paragraph 
(b)(3) of this section shall be subject to the approval of the Regional 
Administrator and shall be implemented by May 31, 1977.
    (c) The Commonwealth shall annually review the effectiveness of the 
control strategies developed pursuant to this section and modify them as 
necessary to insure that such carbon monoxide standards will be attained 
and maintained. The results of this review and any changes in the 
measures which the Commonwealth recommends as a result thereof shall be 
reported to the Regional Administrator annually as required under 
Sec. 52.1160.
    (d) Prior to submitting any plan to the Regional Administrator under 
paragraph (b)(3), the Commonwealth shall give prominent public notice of 
the general recommendations of such plan, shall make such plan available 
to the public for at least 30 days and permit any affected public agency 
or member of the public to comment in writing on such plan. The 
Commonwealth shall give the Regional Administrator timely notice of any 
public hearing to be held on such plan and shall make all comments 
received available to the Regional Administrator for inspection and 
copying.

[40 FR 25170, June 12, 1975]

[[Page 546]]



Sec. 52.1165   Significant deterioration of air quality.

    (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) Regulation for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 (b) through (v) are hereby 
incorporated and made a part of the applicable State plan for the State 
of Massachusetts.

[43 FR 26410, June 19, 1978]
Sec. 52.1166  [Reserved]



Sec. 52.1167  EPA-approved Massachusetts State regulations.

    The following table identifies the State regulations which have been 
submitted to and approved by EPA as revisions to the Massachusetts State 
Implementation Plan. This table is for informational purposes only and 
does not have any independent regulatory effect. To determine regulatory 
requirements for a specific situation consult the plan identified in 
Sec. 52.1120. To the extent that this table conflicts with Sec. 52.1120, 
Sec. 52.1120 governs.

[[Page 547]]



                                Table 52.1167--EPA-Approved Rules and Regulations                               
                                           [See Notes at end of Table]                                          
----------------------------------------------------------------------------------------------------------------
                                              Date        Date        Federal                      Comments/    
   State citation        Title/subject     submitted  approved by    Register     52.1120(c)      unapproved    
                                            by State      EPA        citation                      sections     
----------------------------------------------------------------------------------------------------------------
310 CMR 7.00........  Definitions........    2/14/85      9/25/85  50 FR 38804            64  Motor vehicle     
                                                                                               fuel.            
                                            2/21/86;      8/31/87  52 FR 32792            73  Two new           
                                            2/25/86;                                           definitions and  
                                             6/23/86                                           one amended      
                                                                                               definition.      
                      Statutory             11/5/86;     11/19/87  52 FR 44395            74  Approving the     
                       authority; legend;   12/10/86                                           addition of      
                       preamble;                                                               definitions for  
                       definitions.                                                            synthetic organic
                                                                                               chemical         
                                                                                               manufacturing    
                                                                                               facility,        
                                                                                               component, in gas
                                                                                               service, light   
                                                                                               liquid, in light 
                                                                                               liquid service,  
                                                                                               leak, leaking    
                                                                                               component,       
                                                                                               monitor, repair, 
                                                                                               unit turnaround, 
                                                                                               in VOC service,  
                                                                                               quarterly, and   
                                                                                               pressure relief  
                                                                                               valve.           
310 CMR 7.00........  Definitions........    7/18/88       5/4/89  54 FR 19184            78  Includes bulk     
                                                                                               plant and        
                                                                                               terminal,        
                                                                                               gasoline market. 
310 CMR 7.00........  Definitions........    1/30/91      10/8/92   57 FR 46312           96  Definitions of no-
                                                                                               build            
                                                                                               alternative,     
                                                                                               project area,    
                                                                                               project roadway, 
                                                                                               and tunnel       
                                                                                               ventilation      
                                                                                               system.          
310 CMR 7.00........  Definitions........  05/17/90,     12/14/92  57 FR 58996            97  Added ``motor     
                                            06/07/91                                           vehicle fuel,''  
                                                                                               ``motor vehicle  
                                                                                               fuel dispensing  
                                                                                               facility,''      
                                                                                               ``substantial    
                                                                                               modification,''  
                                                                                               and ``vapor      
                                                                                               collection and   
                                                                                               control system.''
310 CMR 7.00........  Definitions........   8/17/89;      1/11/93  58 FR 3495             93  Approving the     
                                              6/7/91                                           following amended
                                                                                               or additional    
                                                                                               definitions:     
                                                                                               Application area,
                                                                                               asphalt,         
                                                                                               automobile,      
                                                                                               bottom filling,  
                                                                                               bulk terminal,   
                                                                                               coating line(s), 
                                                                                               commissioner,    
                                                                                               condensate,      
                                                                                               continuous       
                                                                                               compliance, crude
                                                                                               oil, department, 
                                                                                               end sealing      
                                                                                               compound,        
                                                                                               exterior base    
                                                                                               coat, extreme    
                                                                                               environmental    
                                                                                               conditions,      
                                                                                               flashoff area,   
                                                                                               freeboard height,
                                                                                               freeboard ratio, 
                                                                                               halogenated      
                                                                                               organic compound,
                                                                                               interior base    
                                                                                               coat, interior   
                                                                                               body spray, knife
                                                                                               coating, lease   
                                                                                               custody transfer,
                                                                                               light duty truck,
                                                                                               manufacturing    
                                                                                               plant,           
                                                                                               miscellaneous    
                                                                                               metal parts and  
                                                                                               products,        
                                                                                               overvarnish,     
                                                                                               paper surface    
                                                                                               coating,         
                                                                                               penetrating prime
                                                                                               coat, petroleum  
                                                                                               liquids, prime   
                                                                                               coat, publication
                                                                                               rotogravure      
                                                                                               printing, quench 
                                                                                               area,            
                                                                                               refrigerated     
                                                                                               chiller, Reid    
                                                                                               vapor pressure,  
                                                                                               roll printing,   
                                                                                               roll coating,    
                                                                                               single coat,     
                                                                                               solids, specialty
                                                                                               printing, splash 
                                                                                               filling, standard
                                                                                               conditions,      
                                                                                               submerged        
                                                                                               filling, three   
                                                                                               piece can side   
                                                                                               seam spray,      
                                                                                               topcoat, transfer
                                                                                               efficiency, two  
                                                                                               piece can        
                                                                                               exterior end     
                                                                                               coating, vinyl   
                                                                                               surface coating, 
                                                                                               volatile organic 
                                                                                               compound, waxy,  
                                                                                               heavy pour crude 
                                                                                               oil. The         
                                                                                               definitions of   
                                                                                               ``coating        
                                                                                               application      
                                                                                               system'' and     
                                                                                               ``bulk plants and
                                                                                               terminals'' have 
                                                                                               been deleted.    

[[Page 548]]

                                                                                                                
310 CMR 7.00........  Definitions........   8/27/82,      2/23/93  58 FR 10970            84  Approving the     
                                            6/22/87,                                           definitions of   
                                            12/27/89                                           ``stationary     
                                                                                               source'' and     
                                                                                               ``building,      
                                                                                               structure,       
                                                                                               facility, or     
                                                                                               installation.''  
310 CMR 7.00........  Definitions........     6/7/91      6/30/93  58 FR 34911            58  Definitions: Bulk 
                                                                                               plants, vapor    
                                                                                               balance systems. 
310 CMR 7.00........  Definitions........    12/9/91      10/4/94  59 FR 50498           101  Definitions of    
                                                                                               baseline roadway 
                                                                                               conditions, high 
                                                                                               occupancy        
                                                                                               vehicle, high    
                                                                                               occupancy vehicle
                                                                                               lane, peak hour, 
                                                                                               performance      
                                                                                               standard, and    
                                                                                               roadway threshold
                                                                                               standard.        
310 CMR 7.00........  Definitions........   11/15/93       2/1/95  60 FR 6030            103  Approving         
                                            05/11/94                                           additional       
                                                                                               definitions for. 
310 CMR 7.00:         Alternative           4/12/85;      1/11/93  58 FR 3495             93  Addition of 310   
 Appendix B.           Emission              8/17/89                                           CMR 7.00:        
                       Limitations                                                             Appendix B.      
                       (Bubble) for                                                                             
                       Volatile Organic                                                                         
                       Compounds.                                                                               
310 CMR 7.00 and                            2/14 and      9/25/85  50 FR 38806            64  Motor vehicle fuel
 7.02(12)(c).                                5/22/85                                           tank trucks.     
310 CMR 7.02........  Plans and approval     4/27/72     10/28/72  37 FR 23085             2                    
                       and emission                                                                             
                       limitations.                                                                             
                                             8/28/72     10/28/72  37 FR 23085             4  ..................
                                             5/27/82      1/10/84  49 FR 1187             60  7.02(2)(b)(4) and 
                                              9/9/82                                           7.02(2)(5) for   
                                                                                               new source       
                                                                                               review.          
                                             12/3/85     11/25/86  51 FR 42564            69  Adds the word     
                                             1/31/86                                           ``major'' before 
                                             2/11/86                                           the word         
                                                                                               ``modification'' 
                                                                                               at 7.02(2)(b).   
310 CMR 7.02........  Plans and approval   .........  ...........  ............  ...........  ..................
                       and emission                                                                             
                       limitation.                                                                              
                                            11/21/86      3/10/89  54 FR 10148            72  7.02(2)(b) 4, 5   
                                             1/15/87                                           and 6-new source 
                                                                                               review.          
310 CMR 7.02(11)....  Emission                2/1/78      3/15/79  44 FR 15704            18  Adds an emission  
                       limitations for                                                         limitation for   
                       incinerators.                                                           sewage sludge    
                                                                                               incinerators.    
310 CMR 7.02(12)....  U Organic Material.    8/17/89      1/11/93  58 FR 3495             93  310 CMR 7.02(12)  
                                                                                               has been         
                                                                                               recodified and   
                                                                                               relocated in 310 
                                                                                               CMR 7.24, ``U    
                                                                                               Organic Material 
                                                                                               Storage and      
                                                                                               Distribution.''  
                                                                                               All subsections  
                                                                                               and references in
                                                                                               310 CMR 7.02(12) 
                                                                                               have been        
                                                                                               recodified       
                                                                                               accordingly.     
310CMR 7.02(12).....  U Restricted            6/6/94       4/5/95  60 FR 17229           105  This rule limits a
                       Emission Status.                                                        source's         
                                                                                               potential to     
                                                                                               emit, therefore  
                                                                                               avoiding RACT,   
                                                                                               title V operating
                                                                                               permits          
310 CMR               Organic material,     12/31/78      9/16/80  45 FR 61293            30  ..................
 7.02(12)(a)(b).       bulk plants and       5/16/79                                                            
                       terminals handling                                                                       
                       organic material.                                                                        
310 CMR               Gasoline liquid        12/2/83       3/8/84  49 FR 8611             56  Approved for      
 7.02(12)(a)1e.        storage in                                                              secondary seals  
                       external floating                                                       or equivalent    
                       roof tanks.                                                             weather roofs.   
310 CMR 7.02(12)(b)2  Stage I vapor          5/20/77      5/25/78  43 FR 22356            15  Provisions for    
                       recovery.                                                               Pioneer APCD     
                                                                                               Stage I vapor    
                                                                                               recovery.        
                                            12/31/78      9/16/80  45 FR 61293            30  ..................
                                             5/16/79                                                            
                                             3/25/83       7/7/83  48 FR 31200            55  Exempt Berkshire  
                                                                                               APCD.            

[[Page 549]]

                                                                                                                
310 CMR 7.02(12)(b)3  Stage I vapor         11/21/86      3/10/89  54 FR 10148            72  7.02(12)(b)3 is   
                       recovery.             1/15/87                                           deleted.         
310 CMR 7.02(12) (c)  Gasoline Tank          2/14/85      9/25/85  50 FR 38804            64  Tank trucks.      
 and (d).              Trucks.               5/22/85                                                            
310 CMR 7.02(12)(d).  Test Methods          11/21/86      3/10/89  54 FR 10148            72  Requires EPA      
                       applicable to 310     1/15/87                                           approved test    
                       CMR 7.02(12).                                                           methods or EPA   
                                                                                               approved         
                                                                                               alternatives.    
310 CMR 7.02(12)(e).  Gasoline Volatility    7/18/88       5/4/89  54 FR 19184            78  Approves a        
                                             9/15/88                                           limitation on    
                                             4/12/89                                           volatility of    
                                                                                               gasoline from    
                                                                                               June 30 for Sept.
                                                                                               15, 1989, and May
                                                                                               1 to Sept. 15 in 
                                                                                               subsequent years.
310 CMR 7.04(5).....  Fuel oil viscosity.   12/28/78      6/17/80  45 FR 40987            29  For Cambridge     
                                                                                               Electric Light   
                                                                                               Company's Kendal 
                                                                                               Station, and     
                                                                                               Blackstone       
                                                                                               Station.         
                                            12/28/78     10/18/80  45 FR 48131            29  Correction notice.
310 CMR 7.05........  Sulfur-in-fuel.....    8/28/72     10/28/72  37 FR 23058             4  ..................
                                              7/5/78       2/7/79  44 FR 7712             17  Approves the      
                                                                                               burning of coal/ 
                                                                                               oil slurry at New
                                                                                               England Power    
                                                                                               Company, Salem   
                                                                                               Harbor Station,  
                                                                                               MA.              
310 CMR 7.05(1)(a)..  Sulfur content of      4/14/77      3/24/78  43 FR 12324            13  Approves the      
                       fuels and control                                                       burning of 1% for
                       thereof for                                                             all but: Crane   
                       Berkshire APCD.                                                         and Company Inc.,
                                                                                               and Schweitzer   
                                                                                               Division,        
                                                                                               Kimberly Clark   
                                                                                               Corporation,     
                                                                                               Columbia Mill.   
                                             4/14/77       3/7/79  44 FR 12422            13  Approves the      
                                             8/11/78                                           burning of 2.2%  
                                             8/31/78                                           at Crane & Co.,  
                                                                                               Inc., and        
                                                                                               Schweitzer       
                                                                                               Division,        
                                                                                               Kimberly-Clark   
                                                                                               Corp., Columbia  
                                                                                               Mill.            
                                             11/8/82      4/28/83  48 FR 19172            54  Approves burning  
                                                                                               of 2.2% at Esleek
                                                                                               Manufacturing    
                                                                                               Company, Inc.,   
                                                                                               provided the fuel
                                                                                               firing rate does 
                                                                                               not exceed 137.5 
                                                                                               gallons per hour.
310 CMR 7.05(1)(b)..  Sulfur content of      6/25/76      2/15/77  42 FR 9176             10  Approves the      
                       fuels and control                                                       burning of 2.2%  
                       thereof for                                                             until 7/1/78 for 
                       Central APCD.                                                           100 mBtu sources 
                                                                                               listed in        
                                                                                               52.1126.         
                                             3/29/76      5/19/77  42 FR 25730            11  Approves burning  
                                             5/25/76                                           of 2.2% at James 
                                                                                               River Associates,
                                                                                               Inc. and part of 
                                                                                               Fitchburg Paper  
                                                                                               Company, April   
                                                                                               through October. 
                                                                                               November through 
                                                                                               March, they are  
                                                                                               limited to       
                                                                                               burning 1% sulfur-
                                                                                               in-fuel oil.     
                                             6/25/76      6/21/78  43 FR 26573            10  Extends expiration
                                             8/22/77                                           date to 6/21/78. 
                                              3/2/79      7/16/79  44 FR 41180            24  Permanent         
                                                                                               extension for    
                                                                                               certain sources  
                                                                                               to burn 2.2%     
                                                                                               under specified  
                                                                                               conditions.      
                      Sulfur content of      9/28/79      6/17/80  45 FR 40987            24  Approves the      
                       fuels and control                                                       burning of 2.2%  
                       thereof for                                                             at Fitchburg     
                       central APCD.                                                           Paper (55 Meter  
                                                                                               stacks only) for 
                                                                                               James River,     
                                                                                               Massachusetts,   
                                                                                               Inc., year round.
                                             3/20/80      9/10/80  45 FR 59578            31  Approves the      
                                                                                               temporary burning
                                                                                               of 2.2% at Seaman
                                                                                               Paper Co.,       
                                                                                               Templeton.       
                                              3/2/79      9/17/81  46 FR 46133            33  Approves the      
                                              5/5/81                                           burning of 2.2%  
                                                                                               at Millers Falls 
                                                                                               Paper Co.        
310 CMR 7.05(1)(c)..  Sulfur content of       6/4/76     12/30/76  41 FR 56804             8  Approves the      
                       fuels and control                                                       burning of 2.2%  
                       thereof for                                                             except at those  
                       Merrimack Valley.                                                       sources listed in
                                                                                               52.1126.         
                                             1/28/76      7/12/77  42 FR 35830             8  Approves burning  
                                            12/30/76                                           of 1.4% at       
                                                                                               Haverhill        
                                                                                               Paperboard Corp.,
                                                                                               Haverhill, MA.   
                                             1/28/76                                                            
                                             8/22/77      6/21/78  43 FR 26573             8  Extends expiration
                                            12/30/76                                           date to 7/1/79.  
                                            12/28/78      5/21/79  44 FR 29453            20  Permanent         
                                                                                               extension to burn
                                                                                               2.2%.            

[[Page 550]]

                                                                                                                
310 CMR 7.05(1)(d)..  Sulfur content of      7/11/75      12/5/75  40 FR 56889             6  Approves burning  
                       fuels and control     9/16/75                                           of 1% for large  
                       thereof for                                                             electric         
                       Metropolitan                                                            generating       
                       Boston APCD.                                                            facilities in    
                                                                                               certain cities   
                                                                                               and towns and    
                                                                                               2.2% for smaller 
                                                                                               facilities.      
                                                                                               Effective 7/1/75 
                                                                                               to 7/1/77.       
                                             7/11/75      8/22/77  42 FR 42218             6  Extends expiration
                                              4/1/77                                           date from 7/1/77 
                                                                                               to 7/1/78 except 
                                                                                               for Eastman      
                                                                                               Gelatin Corp.,   
                                                                                               which must burn  
                                                                                               1%.              
                                             4/20/78     11/30/78  43 FR 56040             6  Extends expiration
                                                                                               date from 7/1/78 
                                                                                               to 7/1/79.       
                      Sulfur content of     12/28/78      5/21/79  44 FR 29453            20  Permanent         
                       fuels and control                                                       extension to burn
                       thereof for                                                             2.2%.            
                       Metropolitan                                                                             
                       Boston APCD.                                                                             
                                             4/25/80      1/27/81  46 FR 8476             34  Approves the      
                                                                                               burning of 2.2%  
                                                                                               at Natick        
                                                                                               Paperboard Corp. 
                                            11/25/80      8/11/81  46 FR 40688            38  Approves the      
                                                                                               increase to 2.2% 
                                                                                               at Boston Edison 
                                                                                               Mystic Generating
                                                                                               Station for 30   
                                                                                               months from 8/11/
                                                                                               81 (expires 2/11/
                                                                                               84).             
                                             7/14/81     12/16/81  46 FR 61123            41  Approves burning  
                                                                                               of 2.2% at       
                                                                                               Haverhill Paper  
                                                                                               Corp.            
                                            11/27/79     12/15/80  45 FR 82251            32  Allows the burning
                                                                                               of 2.2% at       
                                                                                               Proctor and      
                                                                                               Gamble.          
                                             9/24/81     12/15/81  46 FR 61118            43  Approves burning  
                                                                                               of 2.2% at       
                                                                                               Eastman Gelatin  
                                                                                               Corp.            
                                             12/7/83      9/25/84  49 FR 37592            65  Approves burning  
                                                                                               of 2.2% at Boston
                                                                                               Edison Mystic    
                                                                                               Generating       
                                                                                               Station until 3/ 
                                                                                               25/87.           
310 CMR 7.05(1)(e)..  Sulfur content of      7/22/77       2/1/77  42 FR 5957              9  Approves 2.2%     
                       fuels and control                                                       except for       
                       thereof for                                                             sources listed in
                       Pioneer Valley                                                          52.1125.         
                       APCDs.                                                                                   
                                             7/22/76                                          ..................
                                             8/22/77      6/21/78  43 FR 26573             9  Extends expiration
                                            12/27/77                                           date to 7/1/79.  
                                              1/3/79      5/21/79  44 FR 29453            21  Permanent         
                                                                                               extension to burn
                                                                                               2.2%             
                                              3/2/80      1/19/81  45 FR 4918             33  Approves the      
                                                                                               burning of 2.2%  
                                                                                               at all sources in
                                                                                               Franklin and     
                                                                                               Hampshire        
                                                                                               Counties rated at
                                                                                               less than 100    
                                                                                               mBtu except      
                                                                                               Esleek           
                                                                                               Manufacturing    
                                                                                               Co., and Millers 
                                                                                               Falls Paper Co.  
                                            10/13/81      2/10/82  47 FR 6011             45  Approves the      
                                                                                               burning of 2.2%  
                                                                                               at Holyoke Gas   
                                                                                               and Electric     
                                                                                               Department,      
                                                                                               Holyoke, MA.     
                                             7/18/84      2/15/90  55 FR 5449             77  Approves the      
                                             4/17/85                                           burning of 2.2%  
                                             3/16/87                                           and imposes fuel 
                                            11/25/87                                           use limits at    
                                                                                               American Fiber   
                                                                                               and Finishing    
                                                                                               Co., Erving Paper
                                                                                               Co., and         
                                                                                               Westfield River  
                                                                                               Paper Co.        
310 CMR 7.05(1)(f)..  Sulfur content of     12/30/76       9/2/77  42 FR 44235            12  Approves burning  
                       fuels and control                                                       of 2.2% for      
                       thereof for                                                             sources listed in
                       Southeastern APCD.                                                      52.1126, all     
                                                                                               others must      
                                                                                               continue to burn 
                                                                                               1%.              
                                            12/30/76       9/8/78  43 FR 40010            12  Extends expiration
                                             1/31/78                                           date from 5/1/78 
                                                                                               to 7/1/79.       
                                             1/31/79      5/21/79  44 FR 29453            22  Permanent         
                                                                                               extension to burn
                                                                                               2.2%.            
310 CMR 7.05(4).....  Ash content of          1/3/79      5/21/79  44 FR 29453            21  ..................
                       fuels for Pioneer                                                                        
                       Valley for APCD.                                                                         
                      Ash content of         7/20/79      5/21/79  44 FR 29453            23  ..................
                       fuels for                                                                                
                       Metropolitan                                                                             
                       Boston APCD.                                                                             

[[Page 551]]

                                                                                                                
                      Ash content of         12/3/85     11/25/86  51 FR 42564            69  Includes Berkshire
                       fuels.                1/31/86                                           Air Pollution    
                                             2/11/86                                           Control District 
                                                                                               to 7.05(4)(b)(2) 
                                                                                               so facilities in 
                                                                                               that district can
                                                                                               apply to burn    
                                                                                               fossil fuel with 
                                                                                               an ash content in
                                                                                               excess of 9 pct  
                                                                                               bydry weight.    
310 CMR 7.06........  Visible emissions..    8/28/72     10/28/72  37 FR 23085             4  ..................
                                              7/5/78       2/7/79  44 FR 7712             17  Approves New      
                                                                                               England Power    
                                                                                               Company, Salem   
                                                                                               Harbor Station to
                                                                                               burn a coal oil  
                                                                                               slurry.          
                                            12/28/79      8/12/80  45 FR 53476            17  Extension of      
                                                                                               temporary        
                                                                                               revision to allow
                                                                                               exceedance of 20%
                                                                                               capacity limit at
                                                                                               New England Power
                                                                                               Company's Salem  
                                                                                               Harbor Station,  
                                                                                               Salem, MA Unit 1 
                                                                                               so can burn 30%  
                                                                                               coal/70% oil     
                                                                                               mixture until 12/
                                                                                               31/80.           
310 CMR 7.07........  Open burning.......    12/9/77      9/29/78  43 FR 44841            16  Two revisions with
                                                                                               conditions to    
                                                                                               permit open      
                                                                                               burning of brush 
                                                                                               cane, driftwood  
                                                                                               and forest debris
                                                                                               for 2 months of  
                                                                                               the year.        
                      Open burning.......    9/28/79      6/17/80  45 FR 40987            27  Approves open     
                                                                                               burning (as in   
                                                                                               (c) 16) from 1/15
                                                                                               to 5/1 in certain
                                                                                               areas of the     
                                                                                               State.           
310 CMR 7.08........  Incinerators.......    8/28/72     10/28/72  37 FR 23085             4  ..................
310 CMR 7.09........  Dust and odor......    8/28/72     10/28/72  37 FR 23085             4  ..................
                                             12/9/77      9/29/78  43 FR 44841            16  Adds a requirement
                                                                                               that mechanized  
                                                                                               street sweeping  
                                                                                               equipment must be
                                                                                               equipped and     
                                                                                               operated with a  
                                                                                               suitable dust    
                                                                                               collector or     
                                                                                               suppression      
                                                                                               system.          
310 CMR 7.12........  Inspection            6/28/90;      3/21/96  61 FR 11560           106  The 6/28/90 and 9/
                       Certificate Record   9/30/92;                                           30/92 submittals 
                       Keeping and           7/15/94                                           deal with the    
                       Reporting.                                                              permitting       
                                                                                               process. The 7/15/
                                                                                               94 submittal     
                                                                                               develops 7.12 to 
                                                                                               comply with      
                                                                                               emission         
                                                                                               statement        
                                                                                               requirements.    
310 CMR 7.14(2).....  Continuous            11/21/86      3/10/89  54 FR 10148            72  References 40 CFR 
                       Emissions             1/15/85                                           part 51, Appendix
                       Monitoring.                                                             P.               
310 CMR 7.14(3).....  Continuous            11/21/86      3/10/89  54 FR 10148            72  Establishes       
                       Emissions             1/15/87                                           compliance date  
                       Monitoring.                                                             for meeting the  
                                                                                               requirements of  
                                                                                               7.14(2).         
310 CMR 7.15........  Asbestos               8/28/72     10/28/72  37 FR 23085             4  ..................
                       application.                                                                             
310 CMR 7.16........  Reduction to single    5/20/77      5/25/78  43 FR 22356            15  For Pioneer Valley
                       passenger commuter                                                      APCD.            
                       vehicle use.                                                                             
                                            12/31/78      9/16/80  45 FR 61293                Reduction of      
                                             5/16/79                                           single occupant  
                                                                                               commuter         
                                                                                               vehicles.        
310 CMR 7.17........  Coal conversion....     9/7/78      5/14/79  44 FR 27991            19  Brayton Point     
                                                                                               Station, New     
                                                                                               England Power    
                                                                                               Company.         
                                             1/22/82       6/9/82  47 FR 25007            49  Mount Tom Plant,  
                                                                                               Holyoke, MA      
                                                                                               Holyoke Water    
                                                                                               Power Company.   
310 CMR 7.18(1).....  U Applicability and    8/17/89      1/11/93  58 FR 3495             93  Approval of 310   
                       Handling                                                                CMR CMR 7.18(1), 
                       Requirements.                                                           (a), (c), (d) and
                                                                                               (e).             
310 CMR 7.18(2).....  U Compliance with     8/27/82;      1/11/93  58 FR 3495             93  Approval of 310   
                       Emission             8/17/89;                                           CMR 7.18(2),     
                       Limitations.           6/7/91                                           (2)(a), (2)(b),  
                                                                                               (2)(c) and       
                                                                                               (2)(e).          
310 CMR 7.18(2)(b)..  Generic VOC bubble      3/6/81      3/29/82  47 FR 13143            42  Includes surface  
                       for surface          11/12/81                                           coating of metal 
                       coaters.                                                                cans, large      
                                                                                               appliances,      
                                                                                               magnet wire      
                                                                                               insulation,      
                                                                                               automobiles,     
                                                                                               paper fabric and 
                                                                                               vinyl.           
                      Generic VOC bubble     6/24/80      7/12/82  47 FR 30060            47  Adds metal coils. 
                       for surface                                                                              
                       coaters.                                                                                 

[[Page 552]]

                                                                                                                
                                             7/21/81       6/2/82  47 FR 23927            48  Adds miscellaneous
                                             3/10/81                                           metal parts and  
                                                                                               products and     
                                                                                               graphic arts-    
                                                                                               rotogravure and  
                                                                                               flexography.     
                                              9/9/82       2/3/83  48 FR 5014             53  Adds metal        
                                                                                               furniture.       
310 CMR 7.18 (2)(e).  Compliance with      .........       3/6/89  54 FR 9213    ...........  Testing           
                       emission                                                                requirements for 
                       limitations.                                                            plan approvals   
                                                                                               issued under 310 
                                                                                               CMR 7.18(17).    
310 CMR 7.18(3).....  Metal furniture       12/31/78      9/16/80  45 FR 61293            30  ..................
                       surface coating.      5/16/79                                                            
                                              9/9/82      11/9/83  48 FR 51480            53  Adds test methods.
310 CMR 7.18(3).....  U Metal Furniture     8/17/89;      1/11/93  58 FR 3495             93  Replacement of 310
                       Surface Coating.       6/7/91                                           CMR 7.18(3).     
310 CMR 7.18(4).....  Metal can surface     12/31/78      9/16/80  45 FR 61293            30                    
                       coating.              5/16/79                                                            
                                              9/9/82      11/9/83  48 FR 51480            53  Adds test methods.
310 CMR 7.18(4).....  U Metal Can Surface   8/17/89;      1/11/93  58 FR 3495             93  Replacement of 310
                       Coating.               6/7/91                                           CMR 7.18(4).     
310 CMR 7.18(5).....  Large appliances      12/31/78      9/16/80  45 FR 61293            30  ..................
                       surface coating.      5/16/79                                                            
                                              9/9/82      11/9/83  48 FR 51480            53  Adds test methods.
310 CMR 7.18(5).....  U Large Appliance     8/17/89;      1/11/93  58 FR 3495             93  Replacement of 310
                       Surface Coating.       6/7/91                                           CMR 7.18(5).     
310 CMR 7.18(6).....  Magnet wire           12/31/78      9/16/80  45 FR 61293            30  ..................
                       insulation surface    5/16/79                                                            
                       coating.                                                                                 
                                              9/9/82      11/9/83  48 FR 51480            53  Adds test methods.
310 CMR 7.18(6).....  U Magnet Wire         8/17/89;      1/11/93  58 FR 3495             93  Replacement of 310
                       Insulation Surface     6/7/91                                           CMR 7.18(6).     
                       Coating.                                                                                 
310 CMR 7.18(7).....  Automobile surface    12/31/78      9/16/80  45 FR 61293            30  ..................
                       coating.              5/16/79                                                            
                                              9/9/82      11/9/83  45 FR 51480            53  Adds test methods.
310 CMR 7.18(7).....  Automobile Surface    8/17/89,      10/8/92  57 FR 46316            92                    
                       Coating.               6/7/91                                                            
310 CMR 7.18(8).....  Solvent metal         12/31/78      9/16/80  45 FR 61293            30  Conditional       
                       degreasing.           5/16/79                                           approval         
                                                                                               requiring        
                                                                                               controls for     
                                                                                               small solvent    
                                                                                               metal degreasers.
                                             8/13/83      11/9/83  48 FR 51480            53  Approves public   
                                                                                               education program
                                                                                               for small        
                                                                                               degreasers and   
                                                                                               removes          
                                                                                               conditional      
                                                                                               approval.        
310 CMR 7.18(8).....  U Solvent Metal        8/17/89      1/11/93  58 FR 3495             93  Approval of 310   
                       Degreasing.                                                             CMR 7.18(8),     
                                                                                               (8)(d), (8)(d)1.,
                                                                                               (8)(e), (8)(f)   
                                                                                               and (8)(g).      
310 CMR 7.18(8).....  U Solvent Metal         6/7/91      6/30/93  58 FR 34911            58  Approval of 310   
                       Degreasing.                                                             CMR 7.18 (8),    
                                                                                               (8)(a), (8)(a)1.,
                                                                                               (8)(a)2.,        
                                                                                               (8)(a)3.,        
                                                                                               (8)(a)4.,        
                                                                                               (8)(a)5.,        
                                                                                               (8)(a)6., (8)(b),
                                                                                               (8)(b)1.,        
                                                                                               (8)(b)2.,        
                                                                                               (8)(b)3.,        
                                                                                               (8)(b)4.,        
                                                                                               (8)(b)5.,        
                                                                                               (8)(b)6.,        
                                                                                               (8)(b)7.,        
                                                                                               (8)(b)8.,        
                                                                                               (8)(b)9.,        
                                                                                               (8)(b)10.,       
                                                                                               (8)(b)11.,       
                                                                                               (8)(b)12.,       
                                                                                               (8)(b)13.,       
                                                                                               (8)(c), (8)(c)1.,
                                                                                               (8)(c)2.,        
                                                                                               (8)(c)3.,        
                                                                                               (8)(c)4.,        
                                                                                               (8)(c)5.,        
                                                                                               (8)(c)6.,        
                                                                                               (8)(c)7.,        
                                                                                               (8)(c)8.,        
                                                                                               (8)(c)9.,        
                                                                                               (8)(d)2.,        
                                                                                               (8)(d)3.         

[[Page 553]]

                                                                                                                
310 CMR 7.18(9).....  Cutback asphalt....   12/31/78      9/16/80  45 FR 61293            30  ..................
                                             5/16/79                                                            
                                              9/9/82      11/9/83  48 FR 51480            53  Adds an exemption.
310 CMR 7.18(9).....  U Cutback Asphalt..    8/17/89      1/11/93   58 FR 3495            93  Replacement of 310
                                                                                               CMR 7.18(9).     
310 CMR 7.18(10)....  Surface coating of     6/24/80      7/12/82  47 FR 30060            47  Approves and adds 
                       metal coils.                                                            to 310 CMR       
                                                                                               7.18(2)(b).      
                                              9/9/82      11/9/83  48 FR 51480            53  Adds test methods 
                                                                                               and removes      
                                                                                               extended         
                                                                                               compliance       
                                                                                               schedule.        
310 CMR 7.18(10)....  U Metal Coil          8/17/89;      1/11/93  58 FR 3495             93  Replacement of 310
                       Coating.               6/7/91                                           CMR 7.18(10).    
310 CMR 7.18(11)....  Surface coating of     7/21/81       6/2/82  47 FR 23927            48  Adds to 310 CMR   
                       miscellaneous         3/10/82                                           7.18(2)(b).      
                       metal parts and                                                                          
                       products.                                                                                
                                              9/9/82      11/9/83  48 FR 51480            53  Adds test methods.
310 CMR 7.18(11)....  U Surface Coating      8/17/89      1/11/93  58 FR 3495             93  Approval of 310   
                       of Miscellaneous                                                        CMR 7.18(11),    
                       Metal Parts and                                                         (11)(b), (11)(c),
                       Products.                                                               (11)(d) and      
                                                                                               (11)(e).         
310 CMR 7.18(11)....  U Surface Coating       6/7/91      6/30/93  58 FR 34911            58  Approval of 310   
                       of Miscellaneous                                                        CMR 7.18 (11),   
                       Metal Parts and                                                         (11)(a),         
                       Products.                                                               (11)(a)1.,       
                                                                                               (11)(a)2.,       
                                                                                               (11)(a)3.        
310 CMR 7.18(12)....  Graphic arts-          7/21/81       6/2/82  47 FR 23927            48  Adds to 310 CMR   
                       rotogravure and       3/10/82                                           7.18(2)(b).      
                       flexography.                                                                             
                                              9/9/82      11/9/83  48 FR 51480            53  ..................
310 CMR 7.18(12)....  U Graphic Arts.....   8/17/89;      1/11/93  58 FR 3495             93  Replacement of 310
                                              6/7/91                                           CMR 7.18(12).    
310 CMR 7.18(13)....  Perchloroethylene      7/21/81       6/2/82  47 FR 23927            48  ..................
                       dry cleaning          3/10/82                                                            
                       systems.                                                                                 
                                              9/9/82      11/9/83  48 FR 51480            53  Adds test methods.
310 CMR 7.18(13)....  U Dry Cleaning         8/17/89      1/11/93  58 FR 3495             93  Approval of 310   
                       Systems-Percholor-                                                      CMR 7.18(13),    
                       ethylene.                                                               (13)(c), (13)(d) 
                                                                                               and (13)(e). 310 
                                                                                               CMR 7.18(13)(a)  
                                                                                               8. has been      
                                                                                               deleted.         
310 CMR 7.18(14)....  Paper surface           3/6/81       3/8/82  47 FR 9836             40  ..................
                       coating.                                                                                 
                                              9/9/82      11/9/83  48 FR 51480            53  Adds test methods.
310 CMR 7.18(14)....  U Paper Surface       8/17/89;      1/11/93  58 FR 3495             93  Replacement of 310
                       Coating.               6/7/91                                           CMR 7.18(14).    
310 CMR 7.18(15)....  Fabric surface          3/6/81       3/8/82  47 FR 9836             40  ..................
                       coating.                                                                                 
                                              9/9/82      11/9/83  48 FR 51480            53  Adds test methods.
310 CMR 7.18(15)....  U Fabric Surface      8/17/89;      1/11/93  58 FR 3495             93  Replacement of 310
                       Coating.               6/7/91                                           CMR 7.18(15).    
310 CMR 7.18(16)....  Vinyl surface           3/6/81       3/8/82  47 FR 9836             40  ..................
                       coating.                                                                                 
                                              9/9/82      11/9/83  48 FR 51480            53  Adds test methods.
310 CMR 7.18(16)....  U Vinyl Surface       8/17/89;      1/11/93  58 FR 3495             93  Replacement of 310
                       Coating.               6/7/91                                           CMR 7.18(16).    
310 CMR 7.18(17)....  RACT...............     9/9/82      11/9/83  48 FR 51480            53  All 100 ton per   
                                                                                               year sources not 
                                                                                               covered by a CTG.
                      RACT...............  .........       3/6/89  54 FR 9213    ...........  Enforceability of 
                                                                                               plan approvals   
                                                                                               issued under 310 
                                                                                               CMR 7.18(17).    
                                             6/20/89      11/3/89  54 FR 46388            81  RACT for Cranston 
                                                                                               Print Works      
                                                                                               Company dated    
                                                                                               June 20, 1989.   
                                             7/12/89      11/8/89  54 FR 46895            80  RACT for Spalding 
                                                                                               Corporation Plan 
                                                                                               Approval dated   
                                                                                               October 7, 1985  
                                                                                               and amended Plan 
                                                                                               Approval dated   
                                                                                               July 12, 1989.   
                                              8/8/89      11/8/89  54 FR 46897            82  RACT for Duro     
                                                                                               Textile Printers 
                                                                                               (SM-85-168-IF).  

[[Page 554]]

                                                                                                                
                                             6/20/89      2/21/90  55 FR 5990             79  RACT Compliance   
                                                                                               Plan Conditional 
                                                                                               Approval for     
                                                                                               Monsanto Chemical
                                                                                               Company in Indian
                                                                                               Orchard dated 6/ 
                                                                                               20/89.           
                                            11/17/89       8/3/90  55 FR 31590            85  RACT for Boston   
                                                                                               Whaler in        
                                                                                               Norwell. Amended 
                                                                                               Plan Approval    
                                                                                               4P89005 dated    
                                                                                               October 19, 1989 
                                                                                               and Plan Approval
                                                                                               4P89005          
                                                                                               Correction dated 
                                                                                               Nov. 17, 1989.   
                                            11/17/89       8/3/90  55 FR 31593            86  RACT for Boston   
                                                                                               Whaler in        
                                                                                               Rockland. Amended
                                                                                               Plan Approval    
                                                                                               (4P89006) dated  
                                                                                               October 19, 1989 
                                                                                               and Plan Approval
                                                                                               4P89006          
                                                                                               Correction dated 
                                                                                               November 17,     
                                                                                               1989.            
                      Non-CTG RACT           11/2/89     11/27/90  55 FR 34915            87  RACT for Philips  
                       determination.                                                          Lighting Company 
                                                                                               in Lynn, MA,     
                                                                                               dated November 2,
                                                                                               1989.            
                      RACT...............     7/9/90      2/19/91  56 FR 6569             89  RACT for General  
                                                                                               Motors           
                                                                                               Corporation in   
                                                                                               Framingham.      
                                                                                               Amended Plan     
                                                                                               Approval dated   
                                                                                               June 8, 1990.    
                      RACT...............    6/13/90      2/27/91  56 FR 8132             88  RACT for Acushnet 
                                                                                               Company, Titleist
                                                                                               Golf Division,   
                                                                                               Plant A in New   
                                                                                               Bedford. Amended 
                                                                                               Plan Approval    
                                                                                               dated June 1,    
                                                                                               1990.            
                      RACT...............   10/16/90      3/20/91  56 FR 11677            90  RACT for Erving   
                                                                                               Paper Mills.     
                      RACT...............    4/22/90      10/8/91  56 FR 50660            91  RACT amendment for
                                                                                               Erving.          
310 CMR 7.18(17)....  RACT...............    5/13/91     12/14/92  57 FR 58993            95  RACT for Dartmouth
                                                                                               Finishing        
                                                                                               Corporation.     
310 CMR 7.18(17)....  U Reasonable          8/17/89;      1/11/93  58 FR 3495             93  Approval of 310   
                       Available Control      6/7/91                                           CMR 7.18(17),    
                       Technology.                                                             (17)(a), (17)(b),
                                                                                               (17)(c), (17)(d),
                                                                                               (17)(e) and      
                                                                                               (17)(f).         
310 CMR 7.18(17)....  RACT...............    5/22/92      7/28/94  59 FR 38374          (99)  RACT Approval for 
                                                                                               S. Bent & Bros.  
310 CMR 7.18(17)....  RACT...............    7/19/93       1/6/95  60 FR 2017            100  RACT Approval for 
                                                1993                                           Nichols & Stone  
                                                                                               Co.              
310 CMR 7.18(17)....  Reasonably             3/31/94       3/6/95  60 FR 12125           104  RACT for Brittany 
                       Available Control                                                       Dyeing and       
                       Technology.                                                             Finishing of New 
                                                                                               Bedford, MA.     
310 CMR 7.18(18)....  Polystyrene Resin     2/21/86;      8/31/87  52 FR 32792            73  Regulation        
                       Manufacture.         2/25/86;                                           pursuant to Group
                                             6/23/86                                           III CTG,         
                                                                                               ``Control of VOC 
                                                                                               Emissions from   
                                                                                               the Manufacture  
                                                                                               of Polystyrene   
                                                                                               Resins''.        
310 CMR 7.18(18)....  U Polystyrene Resin   8/17/89;      1/11/93  58 FR 3495             93  Replacement of 310
                       Manufacturing          6/7/91                                           CMR 7.18(18).    
                       Technology.                                                                              
310 CMR 7.18(19)....  Synthetic organic     11/5/86;     11/19/87  52 FR 44395            74                    
                       chemical             12/10/86                                                            
                       manufacture.                                                                             
310 CMR 7.18(28)....  Automotive            01/09/95      2/14/96  61 FR 5699            109  Reasonably        
                       Refinishing.                                                            Available Control
                                                                                               Technology       
                                                                                               Requirement      
                                                                                               (RACT) for       
                                                                                               automotive       
                                                                                               refinishing.     
310 CMR 7.19........  Interim sulfur-in-     9/12/80      3/19/81  46 FR 17551            37  Energy/environment
                       fuel limitations                                                        initiative.      
                       for fossil fuel                                                                          
                       utilization                                                                              
                       facilities pending                                                                       
                       conversion to an                                                                         
                       alternate fuel or                                                                        
                       implementation of                                                                        
                       permanent energy                                                                         
                       conservation                                                                             
                       measures.                                                                                

[[Page 555]]

                                                                                                                
                                            12/29/81      4/13/82  47 FR 15790            46  ATF Davidson      
                                                                                               Company,         
                                                                                               Northbridge, MA  
                                                                                               temporary sulfur-
                                                                                               in-fuel revision 
                                                                                               until 12/1/83.   
                                             9/28/82      12/1/82  47 FR 54072            52  Polaroid Corp.,   
                                                                                               Waltham, MA      
                                                                                               temporary sulfur/
                                                                                               in/fuel          
                                                                                               relaxation until 
                                                                                               6/1/85.          
                                                           6/2/83  48 FR 24689            52  Correction notice.
                                             9/29/82     11/23/82  47 FR 52704            51  Northeast         
                                                                                               Petroleum Corp., 
                                                                                               Chelsea, MA      
                                                                                               sulfur content   
                                                                                               increase from    
                                                                                               0.28 to 0.55 lbs/
                                                                                               mBtu heat release
                                                                                               potential        
                                                                                               permanently.     
                                              4/4/83      3/23/84  49 FR 11092            59  Stanley Woolen    
                                                                                               Co., Uxbridge, to
                                                                                               burn 2.2% until 9/
                                                                                               23/86.           
                                            10/31/83      3/23/84  49 FR 11091            61  Reed and Barton   
                                                                                               Silversmiths,    
                                                                                               Taunton, to burn 
                                                                                               2.2% until 9/23/ 
                                                                                               86.              
                                            11/16/83      7/30/84  49 FR 30306            62  ATF Davidson      
                                                                                               Company,         
                                                                                               Northbridge, to  
                                                                                               burn 2.2%        
                                                                                               permanently.     
                                              2/2/84      6/15/84  49 FR 24723            63  American Biltrite 
                                                                                               Corporation,     
                                                                                               Chelsea, to burn 
                                                                                               1.0% until 12/15/
                                                                                               86.              
                                             7/11/84      9/25/84  49 FR 37591            67  James River       
                                                                                               Corporation, Hyde
                                                                                               Park Mill, Boston
                                                                                               to burn 2.2%     
                                                                                               until 3/25/87.   
                                             2/8/85,       4/1/86  51 FR 11021            68  Phillips Academy, 
                                            10/23/85                                           Andover, MA to   
                                                                                               burn 2.2% until  
                                                                                               September 1,     
                                                                                               1988.            
                      Interim sulfur-in-     2/19/86      8/12/86  51 FR 28814            70  Mary Ellen        
                       fuel limitations                                                        McCormick and    
                       for fossil fuel                                                         Malverick Family 
                       utilities pending                                                       Development      
                       conversion to an                                                        facilities in the
                       alternative fuel                                                        Boston Housing   
                       or implementation                                                       Authority, Boston
                       of permanent                                                            to burn 2.2%     
                       energy                                                                  until February   
                       conservation                                                            12, 1989.        
                       measures.                                                                                
                                             5/12/86     11/25/86  51 FR 42565            71  Mission Hill      
                                                                                               Extension Family 
                                                                                               Development      
                                                                                               facility, in the 
                                                                                               Boston Housing   
                                                                                               Authority,       
                                                                                               Boston, MA to    
                                                                                               burn 2.2% until  
                                                                                               May 25, 1989.    
310 CMR 7.20........  U Motor Vehicle         6/7/91      6/30/93  58 FR 34911            58  Approval of 310   
                       Inspection and                                                          CMR 7.20(10)(c)2.
                       Maintenance                                                             to correct a     
                       Emission Analyzer                                                       typographical    
                       Approval Process                                                        error.           
                       and Inspection                                                                           
                       Requirements and                                                                         
                       Procedures.                                                                              
310 CMR 7.24(5)(b)2.  Revision to           10/16/89      4/19/90  55 FR 14832            83                    
                       gasoline                                                                                 
                       volatility testing                                                                       
                       regulation.                                                                              
310 CMR 7.24........  U Organic Material     6/7/91,      6/30/93  58 FR 34911            58  Replacement of 310
                       Storage and         11/13/92,                                           CMR 7.24,        
                       Distribution.         2/17/93                                           7.24(1), 7.24(2),
                                                                                               7.24(3), and     
                                                                                               7.24(4).         
310 CMR 7.24(6).....  ``Dispensing of      05/17/90,     12/14/92  57 FR 58996            97                    
                       Motor Vehicle        06/07/91                                                            
                       Fuel'' (Stage II).                                                                       
310 CMR 7.24(6).....  Dispensing of motor    2/17/93      9/15/93  58 FR 48318            98  Previous version  
                       vehicle fuel.                                                           of rule approved 
                                                                                               as strengthening 
                                                                                               the Massachusetts
                                                                                               SIP.             
                                                                                              Revised rule being
                                                                                               approved as      
                                                                                               meeting the Clean
                                                                                               Air Act          
                                                                                               requirements.    
310 CMR 7.25........  Best available        11/18/94     12/19/95  60 FR 65242           108  Includes          
                       controls for                                                            architectural &  
                       consumer and                                                            industrial       
                       commercial                                                              maintenance      
                       products.                                                               coatings.        
310 CMR 7.30........  Massport/Logan        8/04/89,      3/16/93  58 FR 14157            94  Applies to the    
                       Airport Parking      12/6/89,                                           parking of motor 
                       Freeze.               3/23/90                                           vehicles on      
                                                                                               Massport         
                                                                                               property.        
310 CMR 7.31........  City of Boston/East   8/04/89,      3/16/93  58 FR 14157            94  Applies to the    
                       Boston Parking       12/6/89,                                           parking of motor 
                       Freeze.               3/23/90                                           vehicles within  
                                                                                               the area of East 
                                                                                               Boston.          

[[Page 556]]

                                                                                                                
310 CMR 7.36........  Transit system         12/9/91      10/4/94  59 FR 50498           101  Transit system    
                       improvements                                                            improvement      
                       regulations.                                                            regulation for   
                                                                                               Boston           
                                                                                               metropolitan     
                                                                                               area.            
310 CMR 7.37........  High occupancy         12/9/91      10/4/94  59 FR 50498           101  High occupancy    
                       vehicle lanes                                                           vehicle lanes    
                       regulation.                                                             regulation for   
                                                                                               Boston           
                                                                                               metropolitan     
                                                                                               area.            
310 CMR 7.38........  Tunnel vent            1/30/91      10/8/92  57 FR 46312            96  Tunnel ventilation
                       certification                                                           certification    
                       regulation.                                                             regulation for   
                                                                                               Boston           
                                                                                               metropolitan     
                                                                                               area.            
310 CMR 7.40........  Low emission          11/15/93       2/1/95  60 FR 6030            103  Substitute for    
                       vehicle.             05/11/94                                           CFFP.            
310 CMR 7.50........  Variances,             9/14/74      10/8/76  41 FR 44395             7                    
                       regulations for                                                                          
                       control of air                                                                           
                       pollution in the                                                                         
                       six MA APCDs.                                                                            
                                             9/14/74       2/4/77  42 FR 6812              7  Correction.       
310 CMR 7.51........  Hearings relative      8/28/72     10/28/72  37 FR 23085             4                    
                       to orders and                                                                            
                       approvals.                                                                               
310 CMR 7.52........  Enforcement            8/28/72     10/28/72  37 FR 23085             4                    
                       provisions.                                                                              
310 CMR 8...........  Regulations for the    2/22/72     10/28/72  37 FR 23085             1                    
                       prevention and/or                                                                        
                       abatement of air                                                                         
                       pollution episode                                                                        
                       and air pollution                                                                        
                       incident                                                                                 
                       emergencies.                                                                             
                                            12/30/76       9/2/77  42 FR 44235            12  Changes           
                                                                                               significant harm 
                                                                                               and alert levels.
----------------------------------------------------------------------------------------------------------------
Notes:                                                                                                          
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have   
  been part of the Federal SIP before this date.                                                                
2. The regulations are effective statewide unless stated otherwise in comments or title section.                



  [49 FR 49454, Dec. 20, 1984]                                                                                  
                                                                                                                



    Editorial Note: For Federal Register citations affecting Sec.  52.1167, see the List of CFR Sections        
 Affected in the Finding Aids section of this volume.                                                           
                                                                                                                


[[Page 557]]



Sec. 52.1168  Certification of no sources.

    The Commonwealth of Massachusetts has certified to the satisfaction 
of EPA that no sources are located in the Commonwealth which are covered 
by the following Control Techniques Guidelines:
    (a) Large Petroleum Dry Cleaners.
    (b) Natural Gas/Gasoline Processing Plants.
    (c) Air Oxidation Processes/SOCMI.
    (d) Polypropylene/Polyethylene Manufacturing.

[52 FR 32792, Aug. 31, 1987]



Sec. 52.1168a  Part D--Disapproval of Rules and Regulations.

    On December 30, 1985, the Massachusetts Department of Environmental 
Quality Engineering (DEQE) submitted a revision to the Massachusetts 
State Implementation Plan (SIP) for the automobile surface coating 
regulation. This revision requested an extension of the final compliance 
dates to implement reasonably available control technology (RACT) on 
topcoat and final repair applications. As a result of EPA's disapproval 
of this revision, the existing compliance date of December 31, 1985 
specified in the automobile surface coating regulation contained in the 
Massachusetts SIP will remain in effect (Massachusetts Regulation 310 
CMR 7.18(7) as approved by EPA and codified at 40 CFR 52.1120(c)(30) and 
(53)).

[53 FR 36014, Sept. 16, 1988]



Sec. 52.1169  Stack height review.

    The Commonwealth of Massachusetts has declared to the satisfaction 
of EPA that no existing emission limitations have been affected by stack 
height credits greater than good engineering practice or any other 
prohibited dispersion technique as defined in EPA's stack height 
regulations, as revised on July 8, 1985. This declaration was submitted 
to EPA on April 8, 1986. The commonwealth has further declared in a 
letter from Bruce K. Maillet, dated June 24, 1986, that, ``[A]s part of 
our new source review activities under the Massachusetts SIP and our 
delegated PSD authority, the Department of Environmental Quality 
Engineering will follow EPA's stack height regulations, as revised in 
the Federal Register on July 8, 1985 (50 FR 27892).'' Thus, the 
Commonwealth has satisfactorily demonstrated that its regulations meet 
40 CFR 51.118 and 51.164.

[52 FR 49407, Dec. 31, 1987]



                           Subpart X--Michigan



Sec. 52.1170   Identification of plan.

    (a) Title of plan: ``Implementation Plan for the Control of 
Suspended Particulates Sulfur Oxides, Carbon Monoxide, Hydrocarbons, 
Nitrogen Oxides, and Photochemical Oxidants in the State of Michigan.''
    (b) The plan was officially submitted on February 3, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Re-evaluation of control strategies for Berrien and Ingham 
Counties were submitted on March 3, 1972, by the State Air Pollution 
Office.
    (2) Amendments to the Michigan air pollution rules for the control 
of SO2 emissions (Part 3) and the prevention of air pollution 
episodes (Part 6) submitted by the Governor on March 30, 1972.
    (3) An amendment to the Grand Rapids air pollution ordinance 
(section 9.35 and section 9.36) was submitted on May 4, 1972, by the 
Grand Rapids Department of Environmental Protection.
    (4) Reasons and justifications concerning general requirements of 
control strategy for nitrogen dioxide, compliance schedules, and review 
of new sources and modifications submitted on July 12, 1972, by the 
Governor.
    (5) A letter from the State Department of Public Health submitted on 
July 24, 1972, described how emissions data would be made available to 
the public.
    (6) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources on February 16, 1973.
    (7) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources on May 4, 1973.
    (8) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources on September 19, 1973.

[[Page 558]]

    (9) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources on October 23, 1973.
    (10) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources on December 13, 1973.
    (11) Air Quality Maintenance Area identifications were submitted on 
June 27, 1974, by the State of Michigan Department of Natural Resources.
    (12) Air Quality Maintenance Area identifications were submitted on 
October 18, 1974, by the State of Michigan Department of Natural 
Resources.
    (13) Provisions to disapprove an installation permit if the 
applicant source would interfere with the attainment or maintenance of 
national air quality standards were submitted by the Governor on January 
25, 1974.
    (14) Order extending the final compliance dates for meeting the 
sulfur dioxide emission limitation was submitted by the Michigan 
Department of Natural Resources for the Karn, Weadock and Cobb Plant 
Units of the Consumers Power Co.
    (15) Order extending compliance date for meeting the sulfur dioxide 
emission limitation was submitted by the State of Michigan Department of 
Natural Resources for the Detroit Edison Company, Monroe County Plant on 
December 12, 1977.
    (16) On April 25, 1979, the State submitted its nonattainment area 
plan for areas designated nonattainment as of March 3, 1978 and as 
revised on October 5, 1978. This submittal contained Michigan's Part D 
attainment plans for particulate matter, carbon monoxide, sulfur 
dioxide, transportation and new source review, plus a copy of Michigan's 
existing and proposed regulations. USEPA is not taking action at this 
time to include in the federally approved SIP certain portions of the 
submittal: Provisions in R 336.1310 concerning open burning; 336.1331, 
insofar as it may pertain to process sources in the iron and steel 
category and site specific revisions; 1349, 1350, 1351, 1352, 1353, 
1354, 1355, 1356 and 1357 as they pertain to specific iron and steel 
source operations; Part 5, Extension of Sulfur Dioxide Compliance Date 
for Power Plants Past January 1, 1980; Part 7, Emission Limitations and 
Prohibitions--New Sources of Volatile Organic Compound Emissions; 
R336.1701-1710 controlling minor sources of volatile organic compounds; 
Part 11, Continuous Emission Monitoring; Part 13, Air Pollution 
Episodes; Part 16, Organization and Procedures; and Part 17, Hearings.
    (17) On October 12, 1979, the State submitted comments and 
commitments in response to USEPA's notice of proposed rulemaking.
    (18) On January 9, 1980, the State submitted a copy of the finally 
adopted rules of the Commission. These rules became fully effective on 
January 18, 1980. These finally adopted rules are identical to the rules 
submitted on April 25, 1979, as part of Michigan's Part D nonattainment 
area plan except for a modification in the numbering system. Paragraph 
(c)(16) of this subpart identifies those rules on which USEPA has not 
taken action.
    (19) On February 6, 1980, the State submitted the visible emission 
test method for stationary sources referenced in Rule 336.1303 as being 
on file with the Michigan Air Pollution Control Commission. On March 7, 
1980, the State submitted clarifications to the visible emissions test 
method.
    (20) On March 31, 1980, the State submitted revisions to the 
conditional approval schedules for total suspended particulates.
    (21) On July 25, 1979, the State submitted the official ozone 
attainment plan as part of the State Implementation Plan.
    (22) On October 26, 1979, the State submitted comments and revisions 
to the transportation plans and vehicle inspection/maintenance portions 
of the State Implementation Plan for ozone in response to USEPA's notice 
of proposed rulemaking (45 FR 47350).
    (23) On November 8, 1979, the State submitted revisions to the ozone 
attainment plan.
    (24) On December 26, 1979, the State submitted comments and 
additional information from the lead local agencies on the 
transportation control plans for the Flint, Lansing, Grand Rapids and 
Detroit urban areas.
    (25) On May 12, 1980, the State submitted corrections and comments 
in

[[Page 559]]

response to USEPA's notice of proposed rulemaking (45 FR 25087).
    (26) On March 20, 1980, the State submitted commitments and 
additional revisions to the Inspection/Maintenance program for the 
Detroit urban area.
    (27) On February 23, 1979, compliance schedules were submitted by 
the State of Michigan, Department of Natural Resources to USEPA for the 
Detroit Edison, St. Clair Power Plant. Additional material concerning 
the Final Order issued to the Detroit Edison, St. Clair Power Plant was 
submitted on June 17, 1979 and August 14, 1979.
    (28) On August 22, 1979, the State of Michigan submitted to USEPA an 
Administrative Order, for the Lansing Board of Water and Light (Order 
No. 4-1979, adopted May 23, 1979). In letters dated February 13, 1980 
and April 1, 1980, the State of Michigan withdrew certain paragraphs 
(sections A, B, C1, D, E, F, and G) of the Order from consideration by 
USEPA.
    (29) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources to USEPA on October 26, 1979, for the 
Dundee Cement Company, Monroe County (Michigan Final Order, APC No. 08-
1979, adopted October 17, 1979).
    (30) On July 26, 1979, the State of Michigan submitted to USEPA a 
revision to Rule 336.49 for the Consumers Power Company's J. H. Campbell 
Plant. The revision is a Final Order (No. 05-1979) extending the 
compliance date until January 1, 1985 for the Campbell Plant to meet the 
sulfur dioxide emission limitations in Rule 336.49. On February 14, 
1980, the State of Michigan submitted to USEPA an amendment to Order No. 
05-1979.
    (31) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources to USEPA on November 13, 1979, for the 
S. D. Warren Company, Muskegon County (Michigan Final Order, No. 09-
1979, adopted October 31, 1979).
    (32) On December 19, 1979, the State of Michigan submitted a 
revision to provide for modification of the existing air quality 
surveillance network.
    (33) On December 10, 1979, the State of Michigan submitted to USEPA 
a Final Order (APC No. 6-1979) issued by the Michigan Air Pollution 
Control Commission to the Consumers Power Company B.C. Cobb Plant. The 
Order requires the source to utilize 2.5% sulfur on an annual basis 
until January 1, 1985 when the company must meet the sulfur dioxide 
(SO2) emission limitation in Michigan Rule 336.1401.
    (34) On January 8, 1980, the State of Michigan submitted to USEPA a 
Final Order (APC No. 14-1979) requested of the Michigan Air Pollution 
Control Commission (MAPCC) by the Union Camp Corporation in Monroe 
County, Michigan. The Order permitted the Union Camp Corporation to burn 
2.7% sulfur fuel on an annual average and 4.0% sulfur fuel on a daily 
average between January 1, 1980 and July 1, 1980. Beginning July 1, 1980 
until July 1, 1982 the Company is permitted to burn 2.5% sulfur fuel on 
an annual average and 4.0% sulfur fuel daily average. Beginning July 1, 
1982 until January 1, 1985, the Company is allowed to burn 2.2% sulfur 
fuel annual average and 3.5% sulfur fuel daily average. After January 1, 
1985; the Company has agreed to comply with the SO2!emission 
limitations of 1.5% sulfur fuel required in Michigan Rule 336.1401.
    (35) On August 4, 1980 and August 8, 1980, the State of Michigan 
submitted to EPA additional information on the transportation control 
plan for the Niles, Michigan urbanized area.
    (36) On January 10, 1980, the State of Michigan submitted to USEPA a 
Final Order (APC No. 16-1979) issued by the Michigan Air Pollution 
Control Commission to the Northern Michigan Electric Cooperative Advance 
Steam Plant. The Order allows the source to continue burning 2.0% sulfur 
coal (maximum daily average) until January 1, 1985 when the Company must 
meet the sulfur dioxide (S02) emission limitations in Michigan Rule 
336.1401.
    (37) On November 26, 1980, the State submitted a schedule to correct 
plan deficiencies cited by USEPA in its September 9, 1980 notice of 
proposed rulemaking on a portion of Michigan's Part D TSP control 
strategy pertaining to iron and steel sources. On April 1, 1981, the 
State submitted a revised schedule. USEPA has not taken action on the 
schedule submitted by the State.

[[Page 560]]

    (38) On April 10, 1981 the Governor of Michigan committed to 
annually administer and submit the questionnaire developed for the 
purposes of section 128.
    (39) On July 28, 1980, the State of Michigan submitted to EPA, as 
revisions to the Michigan SIP, amendments to Rules 283 and 610 of the 
Michigan Air Pollution Control Commission.
    (40) Revised compliance schedules were submitted by the State of 
Michigan, Department of Natural Resources (MDNR) to EPA on January 14, 
1981, for the Dundee Cement Company, Monroe County (Michigan Final 
Order, APC No. 16--1980, adopted November 19, 1980). The revised Order 
provides an earlier final compliance date of December 31, 1980 for 
reducing the particulate matter emissions to 0.20 pounds per 1,000 
pounds of exhaust gases and December 31, 1981 for visible emission 
reductions from the Company's cement kilns.
    (41) On April 25, 1979, the State submitted materials which satisfy 
the intergovernmental consultation process.
    (42) On July 28, 1980, the State submitted an amendment to Michigan 
Air Pollution Control Commission Rule 221 which exempts minor sources of 
particulate matter and sulfur dioxide from the offset requirements.
    (43) On August 25, 1981, the State of Michigan, Department of 
Natural Resources (MDNR), submitted to EPA Consent Order No. 16-1981 for 
the Marathon Oil Company in Muskegon County. Consent Order No. 16-1981 
satisfies USEPA's conditional approval of R336.1603 by providing 
detailed compliance schedules containing the increments of progress 
required by 40 CFR 51.15.
    (44) On September 1, 1981, the State of Michigan, Department of 
Natural Resources (MDNR) submitted to USEPA a revision to its R336.1220 
requiring offsets in ozone nonattainment areas to exempt the same 
compounds listed in EPA's Federal Register of July 22, 1980 (45 FR 
48941). The revised R336.1220 also allows offsets of emissions for new 
sources in any of the seven counties in the southeastern Michigan ozone 
nonattainment area to be obtained from any of those counties, not just 
the county in which the new source is locating (Wayne, Oakland, Macomb, 
St. Clair, Washtenaw, Livingston, and Monroe).
    (45) On May 24, 1980, the State of Michigan, Department of Natural 
Resources (MDNR) submitted Consent Order APC No. 10-1979 for the Buick 
Motor Division Complex (BMDC) of the Buick Motors Division, General 
Motors Corporation. The BMDC is located in the City of Flint, Genesee 
County, a primary nonattainment area. On December 2, 1980, supplementary 
information was submitted by MDNR. The Consent Order contains 
enforceable emission limitations and control measures for the attainment 
of the primary TSP standards in Genesee County by December 31, 1982.
    (46) On July 17, 1980, the State of Michigan, Department of Natural 
Resources (MDNR) submitted Consent Order APC No. 01-1980 for the Grey 
Iron Casting Plant and the Nodular Iron Casting Plant, of the Chevrolet 
Motor Division, General Motors Corporation. The two plants are located 
in Saginaw County, a primary nonattainment area. On September 5, 1980 
and February 6, 1981, supplementary information was submitted by MDNR. 
The Consent Order contains enforceable emission limitations and control 
measures for the attainment of the primary TSP standards in Saginaw 
County by December 31, 1982.
    (47) On March 4, 1981, the State of Michigan, Department of Natural 
Resources (MDNR) submitted Consent Order APC No. 12-1980 for the New 
Haven Foundry located in Macomb County, a secondary nonattainment area. 
The Consent Order contains enforceable emission reductions to achieve 
the secondary TSP standards by June 30, 1985.
    (48) On May 1, 1981, the State of Michigan, through the Department 
of Natural Resources, submitted Consent Order 07-1981 for the Detroit 
Edison Company, Boulevard Heating Plant located in the City of Detroit, 
Wayne County. Under Michigan Rule 336.1331(1)(a), the plant was 
restricted to a particulate emission limit of 0.45 pounds of particulate 
per 1000 pounds flue gas or an equivalent of 410 tons per

[[Page 561]]

year. The Consent Order, pursuant to Michigan Rule 333.1331(1)(d), 
establishes a new limitation for the Boulevard Plant of 0.65 pounds per 
1000 pounds of flue gas with a daily limit of 0.9 tons per day and 10 
tons per year.

Pursuant to the provisions of 5 U.S.C. 605(b), the Administrator 
certified on January 27, 1981 (46 FR 8709) that the attached rule will 
not have a significant economic impact on a substantial number of small 
entities.
    (49) On March 7, 1980 and April 21, 1981 the State of Michigan 
submitted particulate studies for the Detroit area. These studies 
satisfy EPA's conditional approval and the State's commitment.
    (50) On October 22, 1981, the State of Michigan submitted as a SIP 
revision Consent Order No. 17-1981, between Conoco, Inc., and the 
Michigan Air Pollution Control Commission. The Consent Order establishes 
a compliance schedule for Conoco, Inc. to achieve the Volatile Organic 
Compounds (VOC) limitations in R336.1609 by December 31, 1982.
    (51) On December 27, 1979, the State of Michigan, Department of 
Natural Resources (MDNR), submitted to EPA a revision to the State 
Implementation Plan (SIP) for Lead. On February 9, 1981, the State of 
Michigan submitted a letter clarifying provisions of its Lead SIP. The 
SIP provides for the implementation of measures for controlling lead 
emissions for the attainment and maintenance of the national ambient air 
quality standards for lead in Michigan by October 31, 1982.
    (52) On June 26, 1981, the State of Michigan, Department of Natural 
Resources, submitted to EPA Consent Order No. 12-1981 for controlling 
particulate emissions from the liquid waste incinerator in Building 830 
at the Dow Chemical Company's Midland plant. The Consent Order provides 
a schedule which establishes a final particulate emissions compliance 
date of October 1, 1982.
    (53) On August 24, 1981, the State of Michigan, Department of 
Natural Resources, submitted to EPA Consent Order APC No. 19-1981 for 
controlling particulate emissions from Dow's West Side and South Side 
powerplants. On October 16, 1981, the State of Michigan submitted a 
letter to EPA clarifying specific sections intended for EPA's rulemaking 
action. All particulate emission sources at Dow must comply with various 
parts of Michigan's SIP by December 31, 1985. The Consent Order does not 
interfere with the attainment of the primary particulate NAAQS standard 
by December 31, 1982 or the secondary particulate NAAQS by October 1, 
1984.
    (54) On December 16, 1981, the State of Michigan submitted to EPA 
Consent Order APC No. 21-1981 for the Monitor Sugar Company. Consent 
Order APC No. 21-1981 provides for additional controls on its coal-fired 
boilers, 1, 2, 3, and 4 and establishes a final compliance date of 
October 15, 1982 for attaining the primary National Ambient Air Quality 
Standards.
    (55) On January 7, 1982, the State of Michigan submitted to EPA 
Consent Order APC No. 23-1981 for the Traverse City Board of Light and 
Power. Consent Order APC No. 23-1981 limits the company's operation of 
its No. 1 and No. 2 coal-fired boilers after December 31, 1982; provides 
for additional controls on its No. 4 coal-fired boiler; and establishes 
a final compliance date of December 31, 1982.
    (56) On September 2, 1981, the State of Michigan submitted a 
revision to the ozone plan consisting of RACT requirements for the 
control of volatile organic compound emissions from stationary 
industrial sources (Group II) referenced in Rules R336.1101-3, 5-9, 14-
16, 18-21, 23; R336.1601, 3-4, 10, 19-27; and R336.2005.
    (57) On March 3, 1982, the State of Michigan submitted a 
modification to its schedule for submitting by December 31, 1982 
regulations developed to correct the State's deficiencies in its Part D 
State Implementation Plan for the attainment of the total suspended 
particulate air quality standards in its nonattainment areas containing 
iron and steel sources.
    (58) On December 16, 1981, the State of Michigan submitted as a SIP 
revision consent order APC No. 18-1981 between General Motors 
Warehousing and Distribution Division and the Michigan Air Pollution 
Control Commission. On March 16, 1982, Michigan submitted an amendment 
to consent

[[Page 562]]

order APC No. 18-1981. The Consent Order provides a one year extension 
from October 15, 1982 until October 15, 1983 for the Company's No. 1 and 
No. 2 boilers and establishes a compliance date of October 15, 1981, for 
boilers 3 and 4. The Consent Order contains a schedule for compliance 
which specifies emission limits of 0.45 pounds of particulate per 1,000 
pounds of gas as required in Michigan's rule 336.1331(c) Table 31.
    (59) [Reserved]
    (60) On April 5, 1982, the State of Michigan submitted Consent Order 
APC No. 02-1980 along with alterations to Section 5(D) of the Consent 
Order for the Hayes-Albion foundry in Calhoun County. The Consent Order 
contains control measures beyond the present requirements of Michigan's 
R336.1301 and R336.1331 for Total Suspended Particulate (TSP) emissions 
and evaluation methods for determining significant particulate emission 
sources from the foundry. On June 18, 1982, the State of Michigan also 
submitted a Fugitive Dust Control Plan and a Malfunction Abatement Plan 
for the Hayes-Albion foundry. On September 21, 1982, the State of 
Michigan formally submitted Permits 314-79 and 375-79 for the American 
Colloid Plant.
    (61) On March 6, 1981, the State of Michigan submitted as a SIP 
revision general rules for fugitive dust control. These rules were 
approved by the Michigan Air Pollution Control Commission on January 20, 
1981, and became effective at the State level on February 17, 1981. On 
January 25, 1982, May 3, 1982, and August 24, 1982, Michigan submitted 
additional information and commitments. The submittal of March 6, 1981, 
along with the additional information and commitments satisfies the 
State's commitment to submit industrial fugitive dust regulations that 
represent reasonably available control techniques for industrial 
fugitive dust sources.
    (62) On July 28, 1982, the State of Michigan submitted Consent Order 
No. 06-1981 for the Clark Oil and Refining Corporation for volatile 
organic compound (VOC) emissions. This revision is a detailed compliance 
schedule containing increments of progress with a final compliance date 
of December 31, 1982 and an emission limitation of 0.7 pound of organic 
vapor per 1000 gallons of organic compound load.
    (63) On September 8, 1982, the State of Michigan submitted as a SIP 
revision Consent Order No. 03-1982, between the Hydra-Matic Division, 
General Motors Corporation and the Michigan Air Pollution Control 
Commission. The Consent Order establishes a compliance schedule 
containing increments of progress dates and a final date of November 1, 
1982 for Boiler No. 5 to comply with Michigan's R336.331.
    (64) On September 21, 1982, the State of Michigan submitted as a SIP 
revision Consent Order No. 13-1982, between the Diamond Crystal Salt and 
the Michigan Air Pollution Control Commission, the Consent Order 
establishes a compliance schedule containing increments of progress 
dates and a final date of December 18, 1982 for Boiler No. 5 to comply 
with Michigan's R336.331.
    (65) [Reserved]
    (66) On September 8, 1982, the State of Michigan submitted as a 
State Implementation Plan (SIP) revision consent order No. 08-1982, 
between the General Motors, Buick Motor Division and the Michigan Air 
Pollution Control Commission. The Consent Order establishes a Volatile 
Organic Compound (VOC) emissions compliance schedule as required under 
Michigan's Rule 336.1603 and 336.1610, and extends the final compliance 
date for surface coating operations until December 31, 1987. On November 
29, 1982, and March 10, 1983, the State submitted additional 
information.
    (67) On September 8, 1982, the State of Michigan submitted Consent 
Order No. 09-1982, between the General Motors, Fisher Body Division and 
the Michigan Air Pollution Control Commission as a State Implementation 
Plan (SIP) revision. The Consent Order establishes a Volatile Organic 
Compound (VOC) emission compliance schedule as required under Michigan's 
Rule 336.1603 and 336.1610, and extends the compliance date for surface 
coating operations until December 31, 1987. On November 29, 1982, and 
March 10, 1983, the State submitted additional information.

[[Page 563]]

    (68) On September 8, 1982, the State of Michigan submitted as a 
State Implementation Plan (SIP) revision Consent Order No. 10-1982, 
between Chevrolet Truck Assembly and the Michigan Air Pollution Control 
Commission. The Consent Order establishes a Volatile Organic Compound 
(VOC) emission compliance schedule as required under Michigan's Rule 
336.1603 and 336.1610, and extends the compliance date for surface 
coating operations until December 31, 1987. On November 29, 1982, and 
March 10, 1983, the State submitted additional information.
    (69) On September 8, 1982, the State of Michigan submitted as a 
State Implementation Plan (SIP) revision Consent Order No. 11-1982, 
between the General Motors Fisher Body Division, Fleetwood Plant and the 
Michigan Air Pollution Control Commission. On March 10, 1983, the State 
submitted additional information for this SIP revision. The Consent 
Order establishes a Volatile Organic Compound (VOC) emissions compliance 
schedule as required under Michigan's Rules 336.1603 and 336.1610, and 
extends the final compliance date for surface coating operations until 
December 31, 1987.
    (70) On September 8, 1982, the State of Michigan submitted as a 
State Implementation Plan (SIP) revision Consent Order No. 12-1982, 
between the General Motors, Cadillac Motors Car Division and the 
Michigan Air Pollution Control Commission. On March 10, 1983, the State 
submitted additional information for this SIP revision. The Consent 
Order establishes a Volatile Organic Compound (VOC) emission compliance 
schedule as required under Michigan's Rule 336.1603 and R336.1610, and 
extends the compliance date for surface coating operations until 
December 31, 1987.
    (71) On September 1, 1982, the State of Michigan submitted a request 
to reduce the size of the ozone demonstration area for Southeast 
Michigan from the seven-county area of Wayne, Oakland, Macomb, 
Livingston, Monroe, St. Clair and Washtenaw to a three-county area 
consisting of Wayne, Oakland, and Macomb Counties.
    (72) On November 18, 1982, the State of Michigan submitted Consent 
Order APC No. 06-1980, along with alterations for the General Motors 
Corporation (GMC) Central Foundry Division, Saginaw Malleable Iron Plant 
in the City of Saginaw, County of Saginaw as a revision to the Michigan 
SIP. Consent Order No. 06-1980, as amended, reflects an interim and 
final particulate emission limit more stringent than Michigan's rule 
336.1331; extends the final date of compliance with Michigan's Rule 
336.1301 for opacity on the oil quench facilities from December 31, 
1982, to December 15, 1983, which is as expeditiously as practicable and 
before the July 31, 1985, attainment date for the secondary TSP NAAQS in 
Michigan.
    (73) On June 30, 1983, the State of Michigan submitted as a State 
Implementation Plan (SIP) revision. Consent Order No. 4-1983 between the 
General Motors Corporation's Oldsmobile Division and the Michigan Air 
Pollution Control Commission. The Consent Order establishes a Volatile 
Organic Compound (VOC) emissions compliance schedule as required under 
Michigan's Rule 336.1603 and 336.1610, and extends the final compliance 
dates for prime, primer-surfacer, topcoat, and final repair operations 
until December 31, 1987.
    (74) On June 30, 1983, the State of Michigan submitted as a State 
Implementation Plan (SIP) revision. Consent Order No. 5-1983, between 
the General Motors Corporation's Assembly Division and the Michigan Air 
Pollution Control Commission. The Consent Order established a Volatile 
Organic Compound (VOC) emission compliance schedule as required under 
Michigan's Rule 336.1603 and R336.1610, and provides interim compliance 
limits to be achieved by December 31, 1984, and extends the final 
compliance dates for topcoating and final repair coating operations 
until December 31, 1987.
    (75) On October 4, 1983, the State of Michigan submitted: (1) A 
revised Consent Order APC No. 12-1979 between CWC Castings Division of 
Textron and the Michigan Air Pollution Control Commission and (2) 
Article 14, Section J of the Muskegon County APC Rules. Consent Order 
APC No. 12-1979 requires reductions of point source emissions and 
fugitive emissions and extends the

[[Page 564]]

installation schedule of specified control devices to December 31, 1984. 
Article 14, Section J, provides a ban on open residential and leaf 
burning in Muskegon County. EPA approves the additional control measures 
contained in Consent Order APC No. 12-1979 and the open burning ban. EPA 
takes no action on the overall approval of Michigan's Part D secondary 
nonattainment area for Muskegon County.
    (76) On August 24, 1983, the State of Michigan submitted a State 
Implementation Plan (SIP) revision request for an extension of the 
compliance date for Boiler No. 2 for the General Motors Corporation 
Warehousing and Distribution Division, in Swartz Creek County. Consent 
Order No. 18-1981 extends the compliance date until October 15, 1985 for 
GMC to install mechanical collectors on Boiler No. 2.
    (77) On March 8, 1984, the State of Michigan submitted a report 
which demonstrated that Rule 336.1606 contains emission limits 
equivalent to Reasonable Available Control Technology (RACT) for Wayne, 
Oakland and Macomb Counties. Therefore, USEPA remove its conditional 
approval of Rule 336.1606 and fully approves the State's rule.
    (78) On September 6, 1984, the State of Michigan submitted a 
revision to the Michigan State Implementation Plan for the General 
Motors Corporation Buick Motor Division in the form of an Alteration of 
Stipulation for Entry of Consent Order and Final Order, No. 8-1982. The 
original Consent Order No. 8-1982 was federally approved on July 6, 
1983. This alteration revises Consent Order No. 8-1982, in that it 
accelerates the final compliance dates for prime and prime-surfacer 
operations and extends an interim compliance date for topcoat 
operations.
    (i) Incorporation by reference.
    (A) State of Michigan, Air Pollution Control Commission, Alteration 
of Stipulation for Entry Consent Order and Final Order SIP No. 8-1983, 
which was approved by the Air Pollution Control Commission on April 2, 
1984.
    (B) Letter of September 6, 1984, from the State of Michigan, 
Department of Natural Resources, to EPA.
    (79) On December 2, 1983, USEPA proposed to withdraw its approval of 
Michigan's fugitive dust regulations. On April 25, 1985, the State of 
Michigan submitted revised Rule 336.1371, existing Rule 336.1372, and 
new Rule 336.1373. However, they did not meet the requirements of Part D 
of section 172(b); and USEPA, therefore, withdrew its approval of these 
submittals, disapproved these submittals, and instituted new source 
restrictions for major sources in the Michigan primary Total Suspended 
Particulate (TSP) nonattainment areas on August 20, 1985. USEPA 
incorporates revised Rule 336.1371 and newly submitted Rule 336.1373 
into the Michigan State Implementation Plan because they provide a 
framework for the development of fugitive dust control programs at the 
State level in Michigan. USEPA retains Rule 336.1372, which is already 
incorporated into the Michigan SIP, insofar as it applies to sources in 
TSP attainment areas. This paragraph supercedes paragraph (C)(61) of 
this section.
    (i) Incorporation by reference.
    (A) Michigan Department of Natural Resources Rules 336.1371 and 
336.1373 (Fugitive Dust Regulations), as adopted on April 23, 1985.
    (80) On July 27, 1983, the State of Michigan submitted Consent Order 
No. 08-1983 for the General Motors Corporation Central Foundry 
Division's Saginaw Malleable Iron Plant, as a revision to the Michigan 
State Implementation Plan for Total Suspended Particulates. Consent 
Order No. 08-1983 amends control strategy provisions of federally 
approved (November 18, 1982 and August 15, 1983) Consent Order No. 06-
1980 and its alteration.
    (i) Incorporation by reference.
    (A) Stipulation for Entry of Consent Order and Final Order No. 08-
1983 for the General Motors Corporation Central Foundry Division's 
Saginaw Malleable Iron Plant amending Control Strategy Provisions issued 
June 9, 1983.
    (81) On October 1, 1984, the State of Michigan submitted the 
Stipulation for Entry of Consent Order and Final Order, SIP No. 12-1984, 
between the Consumer Power Company's J.H. Campbell and the Michigan Air 
Pollution Control Commission as a revision to the Michigan SO2 SIP. 
Consent Order No. 12-1984 provides a 3-year compliance date extension 
(January 1,

[[Page 565]]

1985, to December 31, 1987) for the J.H. Campbell Units 1 and 2 to emit 
SO2 at an allowable rate on a daily basis of 4.88 lbs/MMBTU in 
1985, 4.78 lbs/MMBTU in 1986, and 4.68 lbs/MMBTU in 1987.
    (i) Incorporation by reference.
    (A) October 1, 1984, Stipulation for Entry of Consent Order and 
Final Order, SIP No. 12-1984, establishing interim daily average 
SO2 emission limitations and quarterly average limits on percent 
sulfur is fuel fired.
    (82) The State of Michigan submitted negative declarations for 
several volatile organic compound source categories, as follows:

October 10, 1983--Large petroleum dry cleaners;
May 17, 1985--High-density polyethylene, polypropylene, and polystyrene 
resin manufacturers;
June 12, 1985--Synthetic organic chemical manufacturing industry sources 
(SOCMI) oxidation.

    (i) Incorporation by reference.
    (A) Letters dated October 10, 1983, May 17, 1985, and June 12, 1985, 
from Robert P. Miller, Chief, Air Quality Division, Michigan Department 
of Natural Resources. The letter dated June 12, 1985, includes pages 2-
119 and 2-120 from the revised 1982 Air Quality Implementation Plan for 
Ozone and Carbon Monoxide in Southeast Michigan.
    (83) On September 16, 1985, the State of Michigan submitted a SIP 
revision requesting alternate opacity limits for the Packaging 
Corporation of America (PCA) bark boiler. The request is in the form of 
a Stipulation for Entry of Consent Order and Final Order (No. 23-1984). 
The Consent Order contains an extended schedule for the PCA's bark 
boiler to comply with Michigan's Rule 336.1301.
    (i) Incorporation by reference. (A) Stipulation for Entry of Consent 
Order and Final Order No. 23-1984 for the Packaging Corporation of 
America, approved on July 8, 1985.
    (84) On April 29, 1986, the State of Michigan submitted a revision 
to the Michigan State Implementation Plan (SIP) for total suspended 
particulates (TSP). The revision, in the form of Air Pollution Control 
Act (APCA) No. 65, revises the State's 1965 APCA No. 348 contained in 
the TSP portion of the Michigan SIP with respect to: car ferries having 
the capacity to carry more than 110 motor vehicles; and coal-fired 
trains used in connection with tourism.
    (i) Incorporation by reference. (A) Act No. 65 of the Public Acts of 
1986, as approved by the Governor of Michigan on March 30, 1986.
    (85) On April 25, 1979, the State of Michigan submitted as revisions 
to the Air Quality Implementation Plan, Michigan Department of Natural 
Resources Air Pollution Control Commission General Rules for Open 
Burning; Continuous Emission Monitoring; Air Pollution Episodes; 
Organization, Operation and Procedures; and Hearings.
    (i) Incorporation by reference.
    (A) R 336.1310, Open Burning, effective January 18, 1980.
    (B) R 336.2101-3, R 336.2150-5, R 336.336-2159, R 336.2170, 
R336.2175-6, R 336.2189-90, and R 336.2199; Continuous Emission 
Monitoring, effective January 18, 1980.
    (C) R 336.2301-8, Air Pollution Episodes, effective January 18, 
1980.
    (D) R 336.2601-8, Organization, Operating, and Procedures, effective 
January 18, 1980.
    (E) R 336.2701-6, Hearings, effective January 18, 1980.

    (86) On May 25, 1988, the State of Michigan submitted an SIP 
revision in the form of an addendum to the State's Rule 336.1122, 
effective at the State level on May 20, 1988. The amendment will allow 
coating companies to exclude methyl chloroform from the VOC emission 
calculation when it is not technically or economically reasonable. This 
exemption applies only to the surface coating operations that are 
subject to Part 6 (Emission Limitations and Prohibitions--Existing 
Sources of VOC Emissions) or Part 7 (Emission Limitations and 
Prohibitions--New Sources of VOC Emissions) of the State's regulations.
    (i) Incorporation by reference.
    (A) R336.1122, Methyl Chloroform; effective at the State level on 
May 20, 1988.
    (87)-(89) [Reserved]
    (90) On December 17, 1987, the State of Michigan submitted to USEPA 
a revision to the Michigan State Implementation Plan for the Continental 
Fiber Drum, Inc., which limits volatile organic compound emissions from 
the

[[Page 566]]

surface coating operations at the facility.
    (i) Incorporation by reference.
    (A) State of Michigan, Air Pollution Control Commission, Stipulation 
for Entry of Consent Order and Final Order No. 14-1987, which was 
adopted by the State on December 9, 1987.
    (B) Letter of December 17, 1987, from the State of Michigan, 
Department of Natural Resources to USEPA.
    (91) On May 17, 1985, the State submitted revised rules for the 
control of particulate matter from iron and steel sources and from other 
sources in Michigan. These rules were submitted to fulfill conditions of 
USEPA's May 22, 1981, approval (46 FR 27923 of the State's part D total 
suspended particulates (TSP) State Implementation Plan (SIP). USEPA is 
approving these revised rules in the Michigan submittal except for the 
following provisions: The quench tower limit in rule 336.1331, Table 31, 
Section C.8, because allowing water quality limits to apply only to 
makeup water is a relaxation; the deletion of the limit in rule 336.1331 
for coke oven coal preheater equipment, because it is a relaxation, and 
rule 336.1355, because it provides an unlimited exemption for emissions 
from emergency relief valves in coke oven gas collector mains.
    (i) Incorporation by reference.
    (A) Revision to parts 1, 3, and 10 of Michigan's administrative 
rules for air pollution control (Act 348 of 1967, as amended) as adopted 
by the Michigan Air Pollution Control Commission on December 18, 1984. 
These rules became effective in Michigan on February 22, 1985.
    (92) On October 10, 1986, the State of Michigan supported portions 
of the revised Wayne County Air Pollution Control Division Air Pollution 
Control Ordinance as approved by Wayne County on September 19, 1985, as 
a revision to the Michigan State Implementation Plan.
    (i) Incorporation by reference.
    (A) Chapters 1, 2, 3, 5 (except for the portions of Chapter 5, 
section 501, of the Wayne County Ordinance which incorporate by 
reference the following parts of the State rules: The quench tower limit 
in Rule 336.1331, Table 31, Section C.8; the deletion of the limit in 
Rule 336.1331 for coke oven coal preheater equipment; and Rule 
336.1355), 8 (except section 802), 9, 11, 12, 13 and appendices A and D 
of the Wayne County Air Pollution Control Division (WCAPCD) Air 
Pollution Control Ordinance as approved by WCAPCD on September 19, 1985.
    (93) On November 16, 1992, the Michigan Department of Natural 
Resources submitted Natural Resources Commission Rule 336.202 (Rule 2), 
Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991 
Michigan Air Pollution Reporting Forms, Reference Tables, and General 
Instructions as the States emission statement program. Natural Resources 
Commission Rule 336.202 (Rule 2) became effective November 11, 1986. 
Section 5 and 14a of the 1965 Air Pollution Act 348 became effective 
July 23, 1965.
    (i) Incorporation by reference.
    (A) Natural Resources Commission Rule 336.202 (Rule 2) became 
effective November 11, 1986. Section 5 and 14a of the 1965 Air Pollution 
Act 348 became effective July 23, 1965.
    (94) On November 13, 1992, January 8, 1993, and November 12, 1993, 
the State of Michigan submitted a Small Business Stationary Source 
Technical and Environmental Assistance Program for incorporation in the 
Michigan State Implementation Plan as required by section 507 of the 
Clean Air Act.
    (i) Incorporation by reference.
    (A) Small Business Clean Air Assistance Act, Act No. 12, Public Acts 
of 1993, approved by the Governor on April 1, 1993, and effective upon 
approval.
    (95) On November 15, 1993, the State of Michigan requested revision 
to the Michigan State Implementation Plan (SIP) to incorporate 
miscellaneous technical rule changes that the State had made effective 
April 20, 1989.
    (i) Incorporation by reference.
    (A) Michigan Air Pollution Control Rules: R 336.1107 (except 
paragraph (c)); R 336.1121, R 336.1403. R 336.1606, R 336.1607, R 
336.1608, R 336.1609, R 336.1616, R 336.1626 (deleted), and R 336.1705, 
effective April 20, 1989.
    (96) Revisions to the Michigan Regulations submitted on June 12, 
1993 and November 12, 1993 by the Michigan Department of Natural 
Resources:

[[Page 567]]

    (i) Incorporation by reference.
    (A) Revisions to the following provisions of the Michigan Air 
Pollution Control Commission General Rules filed with the Secretary of 
State on April 12, 1993 and effective on April 27, 1993:
    (1) R 336.1101 Definitions; A--Revised definitions of the following 
terms: actual emissions, air-dried coating, air quality standard, 
allowable emissions and alternate opacity.
    (2) R 336.1103 Definitions; C--Added definition of coating category. 
Revised definitions of the following terms: calendar day, class II 
hardboard paneling finish, coating line, coating of automobiles and 
light-duty trucks coating of fabric, coating of large appliances, 
coating of paper, coating of vinyl, component, component in field gas 
service, component in gaseous volatile organic compound service, 
component in heavy liquid service, component in light liquid service, 
component in liquid volatile organic compound service, condenser, 
conveyorized vapor degreaser, and creditable.
    (3) R 336.1105 Definitions; E--Added definition of the term extreme 
environmental conditions. Revised definitions of the following terms: 
electrostatic prep coat, equivalent method and extreme performance 
coating.
    (4) R 336.1116 Definitions; P--Revised definitions of the following 
terms: packaging rotogravure printing, printed interior panel, process 
unit turnaround, publication rotogravure printing and pushside. Deleted 
definition of the term pneumatic rubber tire manufacturing.
    (5) R 336.1122 Definitions; V--Added definition of the term vapor 
collection system. Revised definitions of the following terms: very 
large precipitator and volatile organic compound.
    (6) R 336.1602 General provisions for existing sources of volatile 
organic compound emissions (entire rule).
    (7) R 336.1610 Existing coating lines; emission of volatile organic 
compounds from exiting automobile, light-duty truck, and other product 
and material coating lines (entire rule).
    (8) R 336.1611 Existing cold cleaners (entire rule).
    (9) R 336.1619 Perchloroethylene; emission from existing dry 
cleaning equipment (entire rule).
    (10) R 336.1620 Emission of volatile organic compounds from existing 
flat wood paneling coating lines (entire rule).
    (11) R 336.1621 Emission of volatile organic compounds from existing 
metallic surface coating lines (entire rule).
    (12) R 336.1622 Emission of volatile organic compounds from existing 
components of petroleum refineries; refinery monitoring program (entire 
rule).
    (13) R 336.1623 Storage of petroleum liquids having a true vapor 
pressure of more than 1.0 psia, but less than 11.0 psia, in existing 
external floating roof stationary vessels of more than 40,000-gallon 
capacity (entire rule).
    (14) R 336.1625 Emission of volatile organic compounds from existing 
equipment utilized in manufacturing synthesized pharmaceutical products 
(entire rule).
    (15) R 336.1627 Delivery vessels; vapor collection systems (entire 
rule).
    (16) R 336.1630 Emission of volatile organic compounds from existing 
paint manufacturing processes (entire rule).
    (17) R 336.1631 Emission of volatile organic compounds from existing 
process equipment utilized in manufacture of polystyrene or other 
organic resins (entire rule).
    (18) R 336.1632 Emission of volatile organic compounds from existing 
automobile, truck, and business machine plastic part coating lines 
(entire rule).
    (19) R 336.1702 General provisions of new sources of volatile 
organic compound emissions (entire rule).
    (20) R 336.2004 Appendix A; reference test methods; adoption of 
federal reference test methods (entire rule).
    (21) R 336.2006 Reference test method serving as alternate version 
of federal reference test method 25 by incorporating Byron analysis 
(entire rule).
    (22) R 336.2007 Alternate version of procedure L, referenced in R 
336.2040(10) (entire rule).
    (23) R 336.2040 Method for determination of volatile organic 
compound emissions from coating lines and graphic arts lines (except R 
336.2040(9) and R 336.2040(10)).

[[Page 568]]

    (24) R 336.2041 Recordkeeping requirements for coating lines and 
graphic arts lines (entire rule).
    (B) Revisions to the following provisions of the Michigan Air 
Pollution Control Commission General Rules filed with the Secretary of 
State on November 3, 1993 and effective on November 18, 1993:
    (1) R 336.1601 Definitions--Added definition of the term person 
responsible.
    (2) R 336.1602 General provisions for existing sources of volatile 
organic compound emissions--Addition of provisions requiring submittal 
of site-specific SIP revisions to EPA for the use of equivalent control 
methods allowed under rules 336.1628(1) and 336.1629(1).
    (3) R 336.1624 Emission of volatile organic compounds from existing 
graphic arts lines (entire rule).
    (4) R 336.1628 Emission of volatile organic compounds from 
components of existing process equipment used in manufacturing synthetic 
organic chemicals and polymers; monitoring program (entire rule).
    (5) R 336.1629 Emission of volatile organic compounds from 
components of existing process equipment used in processing natural gas; 
monitoring program (entire rule).
    (C) Senate Bill No. 726 of the State of Michigan 87th Legislature 
for Stage I controls signed and effective on November 13, 1993.
    (D) State of Michigan, Department of Natural Resources, Stipulation 
for Entry of Consent Order and Final Order No. 39-1993 which was adopted 
by the State on November 12, 1993.
    (E) State of Michigan, Department of Natural Resources, Stipulation 
for Entry of Consent Order and Final Order No. 40-1993 which was adopted 
by the State on November 12, 1993.
    (F) State of Michigan, Department of Natural Resources, Stipulation 
for Entry of Consent Order and Final Order No. 3-1993 which was adopted 
by the State on June 21, 1993.
    (97) On November 12, 1993, the State of Michigan submitted a 
revision to the State Implementation Plan (SIP) for the implementation 
of a motor vehicle inspection and maintenance (I/M) program in the Grand 
Rapids and Muskegon ozone nonattainment areas. This revision included 
House Bill No. 4165 which establishes an I/M program in Western 
Michigan, SIP narrative, and the State's Request for Proposal (RFP) for 
implementation of the program. House Bill No. 4165 was signed and 
effective on November 13, 1993.
    (i) Incorporation by reference.
    (A) House Bill No. 4165; signed and effective November 13, 1993.
    (ii) Additional materials.
    (A) SIP narrative plan titled ``Motor Vehicle Emissions Inspection 
and Maintenance Program for Southeast Michigan, Grand Rapids MSA, and 
Muskegon MSA Moderate Nonattainment Areas,'' submitted to the EPA on 
November 12, 1993.
    (B) RFP, submitted along with the SIP narrative on November 12, 
1993.
    (C) Supplemental materials, submitted on July 19, 1994, in a letter 
to EPA.
    (98)  [Reserved]
    (99) On July 13, 1994, the State of Michigan requested a revision to 
the Michigan State Implementation Plan (SIP). The State requested that a 
consent order for the Eagle-Ottawa Leather Company of Grand Haven be 
included in the SIP.
    (i) Incorporation by reference. State of Michigan, Department of 
Natural Resources, Stipulation for Entry of Consent Order and Final 
Order No. 7-1994 which was adopted on July 13, 1994.
    (100) On June 11, 1993 the Michigan Department of Natural Resources 
(MDNR) submitted a plan, with revisions submitted on April 7, 1994 and 
October 14, 1994 for the purpose of bringing about the attainment of the 
National Ambient Air Quality Standards for particulate matter with an 
aerodynamic diameter less than or equal to a nominal 10 micrometers (PM) 
in the Wayne County moderate PM nonattainment area.
    (i) Incorporation by reference.
    (A) Consent Order 4-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Allied Signal, Inc., 
Detroit Tar Plant.
    (B) Consent Order 5-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Asphalt Products 
Company, Plant 5A.
    (C) Consent Order 6-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Clawson Concrete 
Company, Plant #1.

[[Page 569]]

    (D) Consent Order 7-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Cummings-Moore Graphite 
Company.
    (E) Consent Order 8-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Delray Connecting 
Railroad Company.
    (F) Consent Order 9-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Detroit Edison Company, 
River Rouge Plant.
    (G) Consent Order 10-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Detroit Edison Company, 
Sibley Quarry.
    (H) Consent Order 11-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the city of Detroit, 
Detroit Water and Sewage Department, Wastewater Treatment Plant.
    (I) Consent Order 12-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Ferrous Processing and 
Trading Company.
    (J) Consent Order 13-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Ford Motor Company, 
Rouge Industrial Complex.
    (K) Consent Order 14-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Ford Motor Company, 
Vulcan Forge.
    (L) Consent Order 15-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Detroit Lime Company.
    (M) Consent Order 16-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant #1.
    (N) Consent Order 17-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant #3.
    (O) Consent Order 18-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant #6.
    (P) Consent Order 19-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant 4 and 5.
    (Q) Consent Order 20-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant Scrap Up-Grade Facility.
    (R) Consent Order 21-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Marblehead Lime, 
Brennan Avenue Plant.
    (S) Consent Order 22-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Marblehead Lime, River 
Rouge Plant.
    (T) Consent Order 23-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the McLouth Steel Company, 
Trenton Plant.
    (U) Consent Order 24-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Michigan Foundation 
Company, Cement Plant.
    (V) Consent Order 25-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Michigan Foundation 
Company, Sibley Quarry.
    (W) Consent Order 26-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Morton International, 
Inc., Morton Salt Division.
    (X) Consent Order 27-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the National Steel 
Corporation, Great Lakes Division.
    (Y) Consent Order 28-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the National Steel 
Corporation, Transportation and Materials Handling Division.
    (Z) Consent Order 29-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Peerless Metals 
Powders, Incorporated.
    (AA) Consent Order 30-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Rouge Steel Company.
    (BB) Consent Order 31-1993 effective October 12, 1994 issued by the 
MDNR.

[[Page 570]]

This Order limits the PM emissions for the Keywell Corporation.
    (CC) Consent Order 32-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the St. Marys Cement 
Company.
    (DD) Consent Order 33-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the United States Gypsum 
Company.
    (EE) Consent Order 34-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Wyandotte Municipal 
Power Plant.
    (101) On November 15, 1993, the State of Michigan submitted as a 
revision to the Michigan State Implementation Plan for ozone a State 
Implementation Plan for a motor vehicle inspection and maintenance 
program for the Detroit-Ann Arbor area. Michigan submitted House Bill 
No. 5016, signed by Governor John Engler on November 13, 1993.
    (i) Incorporation by reference.
    (A) State of Michigan House Bill No. 5016 signed by the Governor and 
effective on November 13, 1993.
    (102) On November 12, 1993, the State of Michigan submitted as a 
revision to the Michigan State Implementation Plan for ozone a State 
Implementation Plan for a section 175A maintenance plan for the Detroit-
Ann Arbor area as part of Michigan's request to redesignate the area 
from moderate nonattainment to attainment for ozone. Elements of the 
section 175A maintenance plan include a base year (1993 attainment year) 
emission inventory for NOX and VOC, a demonstration of maintenance 
of the ozone NAAQS with projected emission inventories (including 
interim years) to the year 2005 for NOX and VOC, a plan to verify 
continued attainment, a contingency plan, and an obligation to submit a 
subsequent maintenance plan revision in 8 years as required by the Clean 
Air Act. If the area records a violation of the ozone NAAQS (which must 
be confirmed by the State), Michigan will implement one or more 
appropriate contingency measure(s) which are contained in the 
contingency plan. Appropriateness of a contingency measure will be 
determined by an urban airshed modeling analysis. The Governor or his 
designee will select the contingency measure(s) to be implemented based 
on the analysis and the MDNR's recommendation. The menu of contingency 
measures includes basic motor vehicle inspection and maintenance program 
upgrades, Stage I vapor recovery expansion, Stage II vapor recovery, 
intensified RACT for degreasing operations, NOX RACT, and RVP 
reduction to 7.8 psi. Michigan submitted legislation or rules for basic 
I/M in House Bill No 5016, signed by Governor John Engler on November 
13, 1993; Stage I and Stage II in Senate Bill 726 signed by Governor 
John Engler on November 13, 1993; and RVP reduction to 7.8 psi in House 
Bill 4898 signed by Governor John Engler on November 13, 1993.
    (i) Incorporation by reference.
    (A) State of Michigan House Bill No. 5016 signed by the Governor and 
effective on November 13, 1993.
    (B) State of Michigan Senate Bill 726 signed by the Governor and 
effective on November 13, 1993.
    (C) State of Michigan House Bill No. 4898 signed by the Governor and 
effective on November 13, 1993.
    (103) On August 26, 1994 Michigan submitted a site-specific SIP 
revision in the form of a consent order for incorporation into the 
federally enforceable ozone SIP. This consent order determines 
Reasonably Available Control Technology (RACT) specifically for the 
Enamalum Corporation Novi, Michigan facility for the emission of 
volatile organic compounds (VOCs).
    (i) Incorporation by reference. The following Michigan Stipulation 
for Entry of Final Order By Consent.
    (A) State of Michigan, Department of Natural Resources, Stipulation 
for Entry of Final Order By Consent No. 6-1994 which was adopted by the 
State on June 27, 1994.
    (104) On July 13, 1995, the Michigan Department of Natural Resources 
(MDNR) submitted a contingency measures plan for the Wayne County 
particulate matter nonattainment area.
    (i) Incorporation by reference.
    (A) State of Michigan Administrative Rule 374 (R 336.1374), 
effective July 26, 1995.
    (105)  [Reserved]
    (106) On March 9, 1995, the State of Michigan submitted as a 
revision to the Michigan State Implementation

[[Page 571]]

Plan for ozone a State Implementation Plan for a section 175A 
maintenance plan for the Grand Rapids area as part of Michigan's request 
to redesignate the area from moderate nonattainment to attainment for 
ozone. Elements of the section 175A maintenance plan include an 
attainment emission inventory for NOX and VOC, a demonstration of 
maintenance of the ozone NAAQS with projected emission inventories to 
the year 2007 for NOX and VOC, a plan to verify continued 
attainment, a contingency plan, and a commitment to submit a subsequent 
maintenance plan revision in 8 years as required by the Clean Air Act. 
If a violation of the ozone NAAQS, determined not to be attributable to 
transport from upwind areas, is monitored, Michigan will implement one 
or more appropriate contingency measure(s) contained in the contingency 
plan. Once a violation of the ozone NAAQS is recorded, the State will 
notify EPA, review the data for quality assurance, and conduct a 
technical analysis, including an analysis of meteorological conditions 
leading up to and during the exceedances contributing to the violation, 
to determine local culpability. This preliminary analysis will be 
submitted to EPA and subjected to public review and comment. The State 
will solicit and consider EPA's technical advice and analysis before 
making a final determination on the cause of the violation. The Governor 
or his designee will select the contingency measure(s) to be implemented 
within six months of a monitored violation attributable to ozone and 
ozone precursors from the Grand Rapids area. The menu of contingency 
measures includes a motor vehicle inspection and maintenance program, 
Stage II vapor recovery, gasoline RVP reduction to 7.8 psi, RACT on 
major non-CTG VOC sources in the categories of coating of plastics, 
coating of wood furniture, and industrial cleaning solvents. Michigan 
submitted legislation or rules for I/M in House Bill No 4165, signed by 
Governor John Engler on November 13, 1993; Stage II in Senate Bill 726 
signed by Governor John Engler on November 13, 1993; and RVP reduction 
to 7.8 psi in House Bill 4898 signed by Governor John Engler on November 
13, 1993.
    (i) Incorporation by reference.
    (A) State of Michigan House Bill No. 4165 signed by the Governor and 
effective on November 13, 1993.
    (B) State of Michigan Senate Bill 726 signed by the Governor and 
effective on November 13, 1993.
    (C) State of Michigan House Bill No. 4898 signed by the Governor and 
effective on November 13, 1993.

[37 FR 10873, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1170, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.1171   Classification of regions.

    The Michigan plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Metropolitan Detroit-Port Huron Intrastate................           I          I       III       III        III
Metropolitan Toledo Interstate............................           I          I       III       III          I
South Central Michigan Intrastate.........................          II         II       III       III        III
South Bend-Elkhart (Indiana)-Benton Harbor (Michigan)                                                           
 Interstate...............................................           I         IA       III       III        III
Central Michigan Intrastate...............................          II        III       III       III        III
Upper Michigan Intrastate.................................         III        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10873, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 
FR 29801, May 6, 1980]



Sec. 52.1172  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Michigan's plan for the attainment and maintenance of the 
National Ambient Air Quality Standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator finds the plan satisfies all 
requirements of Part D, Title I of the Clean Air Act as amended in

[[Page 572]]

1977, except as noted below. In addition, continued satisfaction of the 
requirements of Part D for the ozone portion of the SIP depends on the 
adoption and submittalof RACT requirements by July 1, 1980 for the 
sources covered by CTGs between January 1978 and January 1979 and 
adoption and submittal by each subsequent January of additional RACT 
requirements for sources covered by CTGs issued by the previous January.

[45 FR 29801, May 6, 1980]



Sec. 52.1173  Control strategy: Particulates.

    (a) Part D--Disapproval. The following specific revisions to the 
Michigan Plan are disapproved:
    (1) Rule 336.1331, Table 31, Item C: Emission limits for Open Hearth 
Furnaces, Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering 
Plants, Blast Furnaces, Heating and Reheating Furnaces.
    (2) Rules 336.1371 (Fugitive dust control programs other than areas 
listed in table 36.), 336.1372 (Fugitive dust control programs; required 
activities; typical control methods.) and 336.1373 (Fugitive dust 
control programs; areas listed in table 36.) for control of industrial 
fugitive particulate emissions sources.
    (b) Part D--Conditional Approval--The Michigan overall Plan for 
primary and secondary nonattainment areas is approved provided that the 
following conditions are satisfied:
    (1) The State officially adopts final industrial fugitive 
regulations that represent RACT for traditional sources and submits 
these finally effective regulations to USEPA by January 31, 1981.
    (2) The State adopts and submits regulations reflecting RACT for 
Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering Plants, Blast 
Furnaces and Heating and Reheating Furnaces.
    (3) Rule 336.1331, Table 31, Item C: Coke Oven Preheater Equipment 
Effective After July 1, 1979--The State clarifies the compliance test 
method to include measurement of the whole train.
    (4) Rule 336.1349--The State submits consent orders containing 
enforceable increments insuring reasonable further progress for each 
source subject to Rules 336.1350 through 336.1357.
    (5) Rule 336.1350--The State adopts and submits an acceptable 
inspection method for determining compliance with the rule.
    (6) Rule 336.1352--The State adopts and submits the following 
clarifications to the rule: (a) The rule regulates emissions from the 
receiving car itself during the pushing operation; (b) in the phrase 
``eight consecutive trips,'' ``consecutive'' is defined as 
``consecutively observed trips''; (c) the word ``trips'' is defined as 
``trips per battery'' or ``trips per system''; (d) the 40% opacity 
fugitive emissions limitation refers to an instantaneous reading and not 
an average; (e) the method of reading opacity is defined.
    (7) Rule 336.1353--The State adopts and submits: (a) An acceptable 
test methodology for determining compliance with the rule; and (b) a 
clarification that the exception to the visible emission prohibition of 
4% of standpipe emission points refers to ``operating'' ovens.
    (8) Rule 336.1356--The State adopts and submits a clarification of 
the test methodology to determine compliance with the rule.
    (9) Rule 336.1357--The State adopts and submits a clarification of 
the test methodology to determine compliance with the rule.
    (10) The State adopts and submits a regulation reflecting RACT for 
coke battery combustion stacks.
    (11) The State adopts and submits an acceptable test method for 
application of Rule 336.1331, Table 32 to quench towers, or, in the 
alternative, adopts and submits a limitation reflecting RACT for quench 
tower emissions based on the quantity of total dissolved solids in the 
quench water.
    (12) The State adopts and submits rules requiring RACT for scarfing 
emissions.
    (13) Part 10 Testing--The State adopts and submits the following 
clarifications to the test methods: (a) Testing of fugitive emissions 
from blast furnaces are conducted during the cast; (b) the starting and 
ending period is specified for basic oxygenfurnaces (for both primary 
and secondary emissions generating operations), electric arc

[[Page 573]]

furnaces and for each of the three emission points at sinter plants.
    (14) The State conducts additional particulate studies in the 
Detroit area by September, 1980.
    (c) Disapprovals. EPA disapproves the following specific revisions 
to the Michigan Plan:
    (1) The State submitted Consent Order No. 16-1982 on June 24, 1982, 
Great Lakes Steel, a Division of the National Steel Corporation as a 
revision to the Michigan State Implementation Plan. EPA disapproves this 
revision, because it does not satisfy all the requirements of EPA's 
proposed Emission Trading Policy Statement of April 7, 1982 (47 FR 
15076).
    (d) Approval--On April 29, 1988, the State of Michigan submitted a 
committal SIP for particulate matter with an aerodynamic diameter equal 
to or less than 10 micrometers (PM10) for Michigan's Group II 
areas. The Group II areas of concern are in the City of Monroe and an 
area surrounding the City of Carrollton. The committal SIP contains all 
the requirements identified in the July 1, 1987, promulgation of the SIP 
requirements for PM10 at 52 FR 24681.

[46 FR 27931, May 22, 1981, as amended at 49 FR 11834, Mar. 28, 1984; 50 
FR 33540, Aug. 20, 1985; 55 FR 17752, Apr. 27, 1990]



Sec. 52.1174  Control strategy: Ozone.

    (a) Part D--Conditional Approval--Michigan Rules 336.1603 and 
336.1606 are approved provided that the following conditions are 
satisfied:
    (1) Rule 336.1606--The State either promulgates a rule with a 
120,000 gallon per year throughput exemption for gasoline dispensing 
facilities for sources located in Wayne, Macomb and Oakland Counties. 
The State must either submit the rule to USEPA or demonstrate that the 
allowable emissions resulting from the application of its existing rule 
with 250,000 gallon per year throughput exemption for gasoline 
dispensing facilities are less than five percent greater than the 
allowable emissions resulting from the application of the CTG 
presumptive norm. The State must comply with this condition by May 6, 
1981, and any necessary regulations must be finally promulgated by the 
State and submitted to USEPA by September 30, 1981.
    (b) Approval--On November 16, 1992, the Michigan Department of 
Natural Resources submitted Natural Resources Commission Rule 336.202 
(Rule 2), Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 
1991 Michigan Air Pollution Reporting Forms, Reference Tables, and 
General Instructions as the States emission statement program. Natural 
Resources Commission Rule 336.202 (Rule 2) became effective November 11, 
1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became 
effective July 23, 1965. These rules have been incorporated by reference 
at 40 CFR 52.1170(c)(93). On October 25, 1993, the State submitted the 
1993 Michigan Air Pollution Reporting Forms, Reference Tables, and 
General Instructions, along with an implementation strategy for the 
State's emission statement program.
    (c) Approval--On January 5, 1993, the Michigan Department of Natural 
Resources submitted a revision to the ozone State Implementation Plan 
(SIP) for the 1990 base year inventory. The inventory was submitted by 
the State of Michigan to satisfy Federal requirements under section 
182(a)(1) of the Clean Air Act as amended in 1990 (the Act), as a 
revision to the ozone SIP for the Grand Rapids and Muskegon areas in 
Michigan designated nonattainment, classified as moderate. These areas 
include counties of Muskegon, and the two county Grand Rapids area 
(which are the counties of Kent and Ottawa).


    Editorial Note: At 59 FR 40828, Aug. 10, 1994 the following 
paragraph (c) was added to Sec. 52.1174.


    (c) Approval--On November 12, 1993, the Michigan Department of 
Natural Resources submitted a petition for exemption from the oxides of 
nitrogen requirements of the Clean Air Act for the Detroit-Ann Arbor 
ozone nonattainment area. The submittal pertained to the exemption from 
the oxides of nitrogen requirements for conformity, inspection and 
maintenance, reasonably available control technology, and new source 
review. These are required by sections 176(c), 182(b)(4), and 182(f) of 
the 1990 amended Clean Air Act, respectively.

[[Page 574]]

    (d) In a letter addressed to David Kee, EPA, dated March 30, 1994, 
Dennis M. Drake, State of Michigan, stated:
    (1) Michigan has not developed RACT regulations for the following 
industrial source categories, which have been addressed in Control 
Techniques Guidance (CTG) documents published prior to the Clean Air Act 
Amendments of 1990, because no affected sources are located in the 
moderate nonattainment counties:

(i) Large petroleum dry cleaners;
(ii) SOCMI air oxidation processes;
(iii) High-density polyethylene and polypropylene resin manufacturing; 
and
(iv) Pneumatic rubber tire manufacturing.

    (2) (Reserved)
    (e) Approval--On July 1, 1994, the Michigan Department of Natural 
Resources submitted a petition for exemption from the oxides of nitrogen 
requirements of the Clean Air Act for the East Lansing ozone 
nonattainment area. The submittal pertained to the exemption from the 
oxides of nitrogen requirements for conformity and new source review. 
Theses are required by sections 176(c) and 182(f) of the 1990 amended 
Clean Air Act, respectively. If a violation of the ozone standard occurs 
in the East Lansing ozone nonattainment area, the exemption shall no 
longer apply.
    (f) Approval--On July 8, 1994, the Michigan Department of Natural 
Resources submitted a petition for exemption from the oxides of nitrogen 
requirements of the Clean Air Act for the Genesee County ozone 
nonattainment area. The submittal pertained to the exemption from the 
oxides of nitrogen requirements for conformity and new source review. 
These are required by sections 176(c) and 182(f) of the 1990 amended 
Clean Air Act, respectively. If a violation of the ozone standard occurs 
in the Genesee County ozone nonattainment area, the exemption shall no 
longer apply.
    (g)  [Reserved]
    (h) Approval--On January 5, 1993, the Michigan Department of Natural 
Resources submitted a revision to the ozone State Implementation Plan 
for the 1990 base year emission inventory. The inventory was submitted 
by the State of Michigan to satisfy Federal requirements under section 
182(a)(1) of the Clean Air Act as amended in 1990, as a revision to the 
ozone State Implementation Plan for the Detroit-Ann Arbor moderate ozone 
nonattainment area. This area includes Livingston, Macomb, Monroe, 
Oakland, St. Clair, Washtenaw, and Wayne counties.
    (i) Approval--On November 12, 1993, the Michigan Department of 
Natural Resources submitted a request to redesignate the Detroit-Ann 
Arbor (consisting of Livingston, Macomb, Monroe, Oakland, St. Clair, 
Washtenaw, and Wayne counties) ozone nonattainment area to attainment 
for ozone. As part of the redesignation request, the State submitted a 
maintenance plan as required by 175A of the Clean Air Act, as amended in 
1990. Elements of the section 175A maintenance plan include a base year 
(1993 attainment year) emission inventory for NOX and VOC, a 
demonstration of maintenance of the ozone NAAQS with projected emission 
inventories (including interim years) to the year 2005 for NOX and 
VOC, a plan to verify continued attainment, a contingency plan, and an 
obligation to submit a subsequent maintenance plan revision in 8 years 
as required by the Clean Air Act. If the area records a violation of the 
ozone NAAQS (which must be confirmed by the State), Michigan will 
implement one or more appropriate contingency measure(s) which are 
contained in the contingency plan. Appropriateness of a contingency 
measure will be determined by an urban airshed modeling analysis. The 
Governor or his designee will select the contingency measure(s) to be 
implemented based on the analysis and the MDNR's recommendation. The 
menu of contingency measures includes basic motor vehicle inspection and 
maintenance program upgrades, Stage I vapor recovery expansion, Stage II 
vapor recovery, intensified RACT for degreasing operations, NOX 
RACT, and RVP reduction to 7.8 psi. The redesignation request and 
maintenance plan meet the redesignation requirements in sections 
107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. The 
redesignation meets the Federal requirements of section 182(a)(1) of the 
Clean Air Act as a revision to the

[[Page 575]]

Michigan Ozone State Implementation Plan for the above mentioned 
counties.
    (j) Approval--On November 12, 1993, the Michigan Department of 
Natural Resources submitted a petition for exemption from the oxides of 
nitrogen requirements of the Clean Air Act for the Detroit-Ann Arbor 
ozone nonattainment area. The submittal pertained to the exemption from 
the oxides of nitrogen requirements for conformity, inspection and 
maintenance, reasonably available control technology, and new source 
review. These are required by sections 176(c), 182(b)(4), and 182(f) of 
the 1990 amended Clean Air Act, respectively. If a violation of the 
ozone standard occurs in the Detroit-Ann Arbor ozone nonattainment area, 
the exemption shall no longer apply.
    (k) Determination--USEPA is determining that, as of July 20, 1995, 
the Grand Rapids and Muskegon ozone nonattainment areas have attained 
the ozone standard and that the reasonable further progress and 
attainment demonstration requirements of section 182(b)(1) and related 
requirements of section 172(c)(9) of the Clean Air Act do not apply to 
the areas for so long as the areas do not monitor any violations of the 
ozone standard. If a violation of the ozone NAAQS is monitored in either 
the Grand Rapids or Muskegon ozone nonattainment area, the determination 
shall no longer apply for the area that experiences the violation.
    (l) Approval--EPA is approving the section 182(f) oxides of nitrogen 
(NOX) reasonably available control technology (RACT), new source 
review (NSR), vehicle inspection/maintenance (I/M), and general 
conformity exemptions for the Grand Rapids (Kent and Ottawa Counties) 
and Muskegon (Muskegon County) moderate nonattainment areas as requested 
by the States of Illinois, Indiana, Michigan, and Wisconsin in a July 
13, 1994 submittal. This approval also covers the exemption of NOX 
transportation and general conformity requirements of section 176(c) for 
the Counties of Allegan, Barry, Bay, Berrien, Branch, Calhoun, Cass, 
Clinton, Eaton, Gratiot, Genesee, Hillsdale, Ingham, Ionia, Jackson, 
Kalamazoo, Lenawee, Midland, Montcalm, St. Joseph, Saginaw, Shiawasse, 
and Van Buren.
    (m)-(n)  [Reserved]
    (o) Approval--On March 9, 1996, the Michigan Department of 
Environmental Quality submitted a request to redesignate the Grand 
Rapids ozone nonattainment area (consisting of Kent and Ottawa Counties) 
to attainment for ozone. As part of the redesignation request, the State 
submitted a maintenance plan as required by 175A of the Clean Air Act, 
as amended in 1990. Elements of the section 175A maintenance plan 
include an attainment emission inventory for NOX and VOC, a 
demonstration of maintenance of the ozone NAAQS with projected emission 
inventories to the year 2007 for NOX and VOC, a plan to verify 
continued attainment, a contingency plan, and a commitment to submit a 
subsequent maintenance plan revision in 8 years as required by the Clean 
Air Act. If a violation of the ozone NAAQS, determined not to be 
attributable to transport from upwind areas, is monitored, Michigan will 
implement one or more appropriate contingency measure(s) contained in 
the contingency plan. Once a violation of the ozone NAAQS is recorded, 
the State will notify EPA, review the data for quality assurance, and 
conduct a technical analysis, including an analysis of meteorological 
conditions leading up to and during the exceedances contributing to the 
violation, to determine local culpability. This preliminary analysis 
will be submitted to EPA and subjected to public review and comment. The 
State will solicit and consider EPA's technical advice and analysis 
before making a final determination on the cause of the violation. The 
Governor or his designee will select the contingency measure(s) to be 
implemented within 6 months of a monitored violation attributable to 
ozone and ozone precursors from the Grand Rapids area. The menu of 
contingency measures includes a motor vehicle inspection and maintenance 
program, Stage II vapor recovery, RVP reduction to 7.8 psi, RACT on 
major non-CTG VOC sources in the categories of coating of plastics, 
coating of wood furniture, and industrial cleaning solvents. The 
redesignation request and maintenance plan meet the redesignation 
requirements in section 107(d)(3)(E) and 175A of the Act as

[[Page 576]]

amended in 1990, respectively. The redesignation meets the Federal 
requirements of section 182(a)(1) of the Clean Air Act as a revision to 
the Michigan Ozone State Implementation Plan for the above mentioned 
counties.

[45 FR 58528, Sept. 4, 1980, as amended at 50 FR 5250, Feb. 7, 1985; 59 
FR 10753, Mar. 8, 1994; 59 FR 37947, July 26, 1994; 59 FR 40828, Aug. 
10, 1994; 59 FR 46190, Sept. 7, 1994; 60 FR 12451, Mar. 7, 1995; 60 FR 
12477, Mar. 7, 1995; 60 FR 20649, Apr. 27, 1995; 60 FR 28731, June 2, 
1995; 60 FR 37013, July 19, 1995; 60 FR 37370, July 20, 1995; 61 FR 
2438, Jan. 26, 1996; 61 FR 31849, June 21, 1996]



Sec. 52.1175  Compliance schedules.

    (a) The requirements of Sec. 51.15(a)(2) of this chapter as of May 
31, 1972, (36 FR 22398) are not met since Rule 336.49 of the Michigan 
Air Pollution Control Commission provides for individual compliance 
schedules to be submitted to the State Agency by January 1, 1974. This 
would not be in time for submittal to the Environmental Protection 
Agency with the first semiannual report.
    (b) [Reserved]
    (c) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (d) Federal compliance schedules. (1) Except as provided in 
paragraph (d)(3) of this section, the owner or operator of any 
stationary source subject to the following emission-limiting regulations 
in the Michigan implementation plan shall comply with the applicable 
compliance schedule in paragraph (d)(2) of this section: Air Pollution 
Control Commission, Department of Public Health, Michigan Rule 336.49.
    (2) Compliance schedules. (i) The owner or operator of any boiler or 
furnace of more than 250 million Btu per hour heat input subject to Rule 
336.49 and located in the Central Michigan Intrastate AQCR, South Bend-
Elkhart-Benton Harbor Interstate AQCR, or Upper Michigan Intrastate AQCR 
(as defined in part 81 of this title) shall notify the Administrator, no 
later than October 1, 1973, of his intent to utilize either low-sulfur 
fuel or stack gas desulfurization to comply with the limitations 
effective July 1, 1975, in Table 3 or Table 4 of Rule 336.49.
    (ii) Any owner or operator of a stationary source subject to 
paragraph (d)(2)(i) of this section who elects to utilize low-sulfur 
fuel shall take the following actions with respect to the source no 
later than the dates specified.
    (a) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with Table 3 of Rule 336.49 on July 1, 1975, and for 
at least one year thereafter.
    (b) December 31, 1973--Sign contracts with fuel suppliers for 
projected fuel requirements.
    (c) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (d) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (e) June 15, 1974--Initiate onsite modifications, if applicable.
    (f) March 31, 1975--Complete onsite modifications, if applicable.
    (g) July 1, 1975--Achieve final compliance with the applicable July 
1, 1975, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.
    (iii) Any owner or operator of a stationary source subject to 
paragraph (d)(2)(i) of this section who elects to utilize stack gas 
desulfurization shall take the following actions with respect to the 
source no later than the dates specified.
    (a) November 1, 1973--Let necessary contracts for construction.
    (b) March 1, 1974--Initiate onsite construction.
    (c) March 31, 1975--Complete onsite construction.
    (d) July 1, 1975--Achieve final compliance with the applicable July 
1, 1975, emission limitation listed in Table 4 of Rule 336.49.
    (e) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
July 1, 1975. Ten days prior to such a test, notice must be given to the 
Administrator to afford

[[Page 577]]

him the opportunity to have an observer present.
    (iv) The owner or operator of any boiler or furnace of more than 250 
million Btu per hour heat input subject to Rule 336.49 and located in 
the Central Michigan Intrastate AQCR. South Bend-Elkhart-Benton Harbor 
Interstate AQCR, or Upper Michigan Intrastate AQCR shall notify the 
Administrator, no later than January 31, 1974, of his intent to utilize 
either low-sulfur fuel or stack gas desulfurization to comply with the 
limitation effective July 1, 1978, in Table 3 or Table 4 of Rule 336.49.
    (v) Any owner or operator of a stationary source subject to 
paragraph (d)(2)(iv) of this section who elects to utilize low-sulfur 
fuel shall take the following actions with respect to the source no 
later than the dates specified.
    (a) October 15, 1976--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with Table 3 of Rule 336.49 on July 1, 1978, and for 
at least one year thereafter.
    (b) December 31, 1976--Sign contracts with fuel suppliers for 
projected fuel requirements.
    (c) January 31, 1977--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (d) March 15, 1977--Let contracts for necessary boiler 
modifications, if applicable.
    (e) June 15, 1977--Initiate onsite modifications, if applicable.
    (f) March 31, 1978--Complete onsite modifications, if applicable.
    (g) July 1, 1978--Achieve final compliance with the applicable July 
1, 1978, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.
    (vi) Any owner or operator of a stationary source subject to 
paragraph (d)(2)(iv) of this section who elects to utilize stack gas 
desulfurization shall take the following actions with regard to the 
source no later than the dates specified.
    (a) November 1, 1976--Let necessary contracts for construction.
    (b) March 1, 1977--Initiate onsite construction.
    (c) March 31, 1978--Complete onsite construction.
    (d) July 1, 1978--Achieve final compliance with the applicable July 
1, 1978, mission limitation listed in Table 4 of Rule 336.49.
    (e) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
July 1, 1978. Ten days prior to such a test, notice must be given to the 
Administrator to afford him the opportunity to have an observer present.
    (vii) Any owner or operator subject to a compliance schedule above 
shall certify to the Administrator, within five days after the deadline 
for each increment of progress in that schedule, whether or not the 
increment has been met.
    (3)(i) Paragraphs (d) (1) and (2) of this section shall not apply to 
a source which is presently in compliance with Table 3 or Table 4 of 
Rule 336.49 and which has certified such compliance to the Administrator 
by October 1, 1973. The Administrator may request whatever supporting 
information he considers necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (4) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (d)(2) of this section fails to 
satisfy the requirements of Secs. 51.261 and 51.262(a) of this chapter.

[[Page 578]]

    (e) The compliance schedules for the sources identified below are 
approved as meeting the requirements of Sec. 51.104 and subpart N of 
this chapter. All regulations cited are air pollution control 
regulations of the State, unless otherwise noted.

                                                    Michigan                                                    
                                         [See footnotes at end of table]                                        
----------------------------------------------------------------------------------------------------------------
                                                          Regulations        Date schedule     Final compliance 
             Source                    Location            involved             adopted              date       
----------------------------------------------------------------------------------------------------------------
                                                 berrien county                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Conoco, Inc.....................  Berrien...........  R336.1603,          Sept. 26, 1981....  Dec. 31, 1982.    
                                                       R336.1609.                                               
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 calhoun county                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Clark Oil and Refining Corp.....  Calhoun...........  R336.1603           May 14, 1982......  Dec. 31, 1982.    
                                                       R336.1609.                                               
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                charlevoix county                                               
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Northern Michigan Electric        Boyne City........  336.1401 (336.49).  Jan. 10, 1980.....  Jan. 1, 1985.     
 Cooperative Advance Steam Plant.                                                                               
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 genesee county                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Buick Motor Division............  City of Flint.....  R336.1301.........  May 5, 1980.......  Dec. 31, 1982.    
GM Warehousing Dist. Div.         Genesee...........  R336.1331.........  Dec. 31, 1981.....  Oct. 15, 1983.    
 Boilers 1 and 2.                                                                                               
GM Warehousing Dist. Div.         ......do..........  R336.1331.........  Dec. 1, 1981......  Oct. 15, 1981.    
 Boilers 3 and 4.                                                                                               
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                  macomb county                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
New Haven Foundry...............  Macomb County.....  R336.1301,          Aug. 14, 1980.....  June 30, 1985.    
                                                       R336.1331,                                               
                                                       R336.1901.                                               
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 midland county                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Dow Chemical....................  Midland...........  R336.1301 and       July 21, 1982.....  Dec. 31, 1985.    
                                                       R336.1331.                                               
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                  monroe county                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Detroit Edison (Monroe plant)...  Monroe............  336.49............  July 7, 1977......  Jan. 1, 1985.     
Dundee Cement Company...........  Dundee............  336.41, 44........  Oct. 17, 1979.....  Dec. 31, 1983.    
                                                      (336.1301,                                                
                                                       336.1331).                                               
Union Camp......................  Monroe............  336.1401..........  Jan. 3, 1980......  Jan. 1, 1985.     
                                                      (336.49)..........                                        
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 muskegon county                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Consumers Power Company (B. C.    Muskegon..........  336.1401..........  Dec. 10, 1979.....  Jan. 1, 1985.     
 Cobb).                                               (336.49)..........                                        
S. D. Warren Co.................  Muskegon..........  336.49 (336.1401).  Oct. 31, 1979.....  Nov. 1, 1984.     
Marathon Oil....................  ......do..........  336.1603..........  July 31, 1981.....  Dec. 31, 1982.    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 saginaw county                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Grey Iron Casting and Nodular     Saginaw...........  R336.1301.........  Apr. 16, 1980.....  Dec. 31, 1982.    
 Iron Casting Plants.                                                                                           
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                  wayne county                                                  
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Boulevard Heating Plant.........  Wayne.............  R336.1331.........  Apr. 28, 1981.....  Dec. 31, 1982.    
----------------------------------------------------------------------------------------------------------------
Footnotes:                                                                                                      
\1\For the attainment of the primary standard.                                                                  
\2\For the attainment of the secondary standard.                                                                

[[Page 579]]

                                                                                                                
\3\For the maintenance of the secondary standard.                                                               


                                                    Michigan                                                    
----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved     Date schedule adopted 
----------------------------------------------------------------------------------------------------------------
                                                   bay county                                                   
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Consumer Power (Karn Plant)..........  Essexville.............  336.44.................  Sept. 18, 1973.        
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                  ottawa county                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Consumer Power Co. (Campbell Plant     West Olive.............  336.44.................  Sept. 18, 1973.        
 Units 1, 2).                                                                                                   
----------------------------------------------------------------------------------------------------------------

[37 FR 10873, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1175, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.
Sec. 52.1176  Review of new sources and modifications. [Reserved]

[37 FR 10373, May 31, 1972]

Secs. 52.1177--52.1179  [Reserved]



Sec. 52.1180   Significant deterioration of air quality.

    (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 Sec. 52.21 (b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of Michigan.
    (c) All applications and other information required pursuant to 
Sec. 52.21 from sources located in the State of Michigan shall be 
submitted to the Michigan Department of Natural Resources, Air Quality 
Division, P.O. Box 30028, Lansing, Michigan 48909.

[45 FR 8299, Feb. 7, 1980; 45 FR 52741, Aug. 7, 1980]



Sec. 52.1181  Interstate pollution.

    (a) The requirements of Section 126(a)(1) of the Clean Air Act as 
amended in 1977 are not met since the state has not submitted to EPA, as 
a part of its State Implementation Plan, the procedures on which the 
state is relying to notify nearby states of any proposed major 
stationary source which may contribute significantly to levels of air 
pollution in excess of the National Ambient Air Quality Standards in 
that state.

[46 FR 30084, June 5, 1981]



Sec. 52.1182  State boards.

    (a) The requirements of Section 128 of the Clean Air Act as amended 
in 1977 are not met since the state has not submitted to EPA, as a part 
of its State Implementation Plan, the measures on which the state is 
relying to insure that the Air Pollution Control Commission contains a 
majority of members who represent the public interest and do not derive 
a significant portion of their income from persons subject to permits or 
enforcement orders under the Act and that the board members adequately 
disclose any potential conflicts of interest.

[46 FR 30084, June 5, 1981]



Sec. 52.1183  Visibility protection.

    (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.

[[Page 580]]

    (b) Regulation for visibility monitoring and new source review. The 
provisions of Secs. 52.26 and 52.28 are hereby incorporated and made a 
part of the applicable plan for the State of Michigan.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Michigan.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.1184  Small business stationary source technical and environmental compliance assistance program.

    The Michigan program submitted on November 13, 1992, January 8, 
1993, and November 12, 1993, as a requested revision to the Michigan 
State Implementation Plan satisfies the requirements of section 507 of 
the Clean Air Act Amendments of 1990.

[59 FR 28788, June 3, 1994]



                          Subpart Y--Minnesota



Sec. 52.1219  Identification of plan--Conditional approval.

    (a) On November 12, 1993, the Minnesota Pollution Control Agency 
submitted a revision request to Minnesota's carbon monoxide SIP for 
approval of the State's basic inspection and maintenance (I/M) program. 
The basic I/M program requirements apply to sources in the State's 
moderate nonattainment areas for carbon monoxide and includes the 
following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
Washington Counties. The USEPA is conditionally approving Minnesota's 
basic I/M program provided that the State adopt specific enforceable 
measures as outlined in its July 5, 1994 letter from Charles W. 
Williams, Commissioner, Minnesota Air Pollution Control Agency.
    (i) Incorporation by reference.
    (A) Minnesota Rules relating to Motor Vehicle Emissions parts 
7023.1010 to 7023.1105, effective January 8, 1994.
    (ii) Additional material.
    (A) Letter from the State of Minnesota to USEPA dated July 5, 1994.

[59 FR 51863, Oct. 13, 1994]



Sec. 52.1220   Identification of plan.

    (a) Title of plan: ``Implementation Plan to Achieve National Ambient 
Air Quality Standards.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) A revised copy of the State emergency episode criteria was 
forwarded on February 7, 1972. (Non-regulatory)
    (2) Information concerning intergovernmental cooperation was 
submitted by the Minnesota Pollution Control Agency on March 27, 1972.
    (3) Certification that the State had adopted amendments to APC-1, 3, 
4, 11, and 15, adopted a new air pollution control regulation (APC-16) 
and projected manpower resources was submitted by the State on April 28, 
1972.
    (4) An opinion on the availability of emission data to the public 
and evaluation of regulation concerning new construction was submitted 
by the State Attorney General's office on June 15, 1972. (Non-
regulatory)
    (5) A revised version of the State's regulation APC-3 was submitted 
by the Governor on July 25, 1972.
    (6) On June 8, 1973, the Governor of Minnesota submitted a 
transportation control plan for the Minneapolis-St. Paul Intrastate Air 
Quality Control Region.
    (7) Information concerning the transportation control plan was 
submitted on June 18, 1973, by the Minnesota Pollution Control Agency.
    (8) Compliance schedules were submitted on June 28, 1973, by the 
Minnesota Pollution Control Agency.
    (9) Information concerning the transportation control plan was 
submitted on July 30, 1973, by the Metropolitan Transit Commission.
    (10) Information concerning the transportation control plan was 
submitted on August 1, 1973, by the Minnesota Department of Highways.
    (11) Compliance schedules were submitted on August 9, 1973, by the 
Minnesota Pollution Control Agency.
    (12) On November 15, 1974, the Governor of Minnesota submitted 
recommended Air Quality Maintenance Area identifications.
    (13) A request for an extension of the statutory timetable for the 
submittal

[[Page 581]]

of the portion of the Minnesota State Implementation Plan implementing 
the National Secondary Ambient Air Quality Standards for total suspended 
particulates was submitted by the Executive Director of the Minnesota 
Pollution Control Agency on January 8, 1979, and was supplemented with 
additional information on March 9, 1979.
    (14) A transportation control plan for the St. Cloud Metropolitan 
Area was submitted on May 17, 1979, by the Minnesota Pollution Control 
Agency.
    (15) Transportation control plans for the Metropolitan Areas of 
Duluth, Rochester and Minneapolis-St. Paul were submitted on July 3, 
1979, and July 23, 1979, by the Minnesota Pollution Control Agency.
    (16) On March 5, 1980, the State of Minnesota submitted a revision 
to provide for modification of the existing air quality surveillance 
network. An amendment to the revision was submitted by the State of 
Minnesota on June 2, 1980.
    (17) The sulfur dioxide control plan and revised operating permits 
for the Rochester and Twin Cities nonattainment areas were submitted by 
the State of Minnesota on July 17, 1980, and August 4, 1980. Amendments 
to the control plans were submitted on September 4, 1980. EPA's approval 
of the control plan includes approval of the emission limitations 
contained in the revised operating permits.
    (18) Stipulation Agreement between the State Pollution Control 
Agency and Erie Mining Company submitted by the State on February 20, 
1981.
    (19) On July 29, 1981, the Minnesota Pollution Control Agency 
submitted an amendment to the transportation control plan for the 
Minneapolis-St. Paul Metropolitan Area.
    (20) On August 4, 1980, and October 17, 1980, the State submitted 
its total suspended particulate Part D control plans for the Twin Cities 
Seven County Metropolitan Area and the City of Duluth. As part of the 
control strategies the State on January 5, 1981 submitted rule APC-33 
and on January 23, 1981 further submitted amended and new rules. The 
amended and new rules that control total suspended particulate (TSP) 
emissions are: Amended APC-2, APC-4, APC-5, APC-7, APC-11; and new APC-
18, APC-21, APC-22, APC-23, APC-24, APC-25, APC-26, APC-28, APC-29, and 
APC-32. Regulations APC-4, APC-24, and APC-32 are only approved as they 
apply to TSP emissions.
    (21) On January 23, 1981, the State submitted new rules and 
amendments to some of their previously approved rules. On November 17, 
1981, the State submitted amendments to APC-33. On May 6, 1982 (47 FR 
19520), EPA approved some of the rules insofar as they applied to the 
total suspended particulate strategy for the Twin Cities Seven County 
Metropolitan Area and the City of Duluth. The remainder of the rules 
are:
    (i) Those portions of APC-4, APC-24, and APC-32 which control 
emissions of sulfur dioxide, nitrogen dioxide, and carbon monoxide; (ii) 
the amendments to APC-33; and (iii) APC-8, APC-12, APC-13, APC-15, APC-
16, APC-19 and APC-39.
    (22) On April 28, 1983, Minnesota submitted its Lead SIP. Additional 
information was submitted on February 15, 1984, and February 21, 1984.
    (23) On May 20, 1985, and on April 17, 1986, the State submitted a 
carbon monoxide plan for the intersection of Snelling and University 
Avenues in the City of St. Paul. The plan committed to improved signal 
progression through the intersection by December 31, 1987, and a parking 
ban on University Avenue within 1 block in either direction of the 
intersection with Snelling Avenue by December 31, 1989.
    (i) Incorporation by reference.
    (A) Amendment to Air Quality Control Plan for Transportation for the 
Metropolitan Council of the Twin Cities Area dated January 28, 1985.
    (B) Letter from Minnesota Pollution Control Agency, dated April 17, 
1986, and letter from the City of St. Paul, dated April 1, 1986, 
committing to implementing of transportation control measures.
    (24) On January 7, 1985, the State of Minnesota submitted a 
consolidated permit rule (CPR) to satisfy the requirements of 40 CFR 
51.160 through 51.164 for a general new source review (NSR) program, 
including lead. On October 25, 1985, the State submitted a Memorandum of 
Agreement (MOA) which remedied certain deficiencies (40

[[Page 582]]

CFR 52.1225(d)). On October 1, 1986, and January 14, 1987, the State 
committed to implement its NSR program using USEPA's July 8, 1985 (50 FR 
27892), regulations for implementing the stack height requirements of 
Section 123 of the Clean Air Act (40 CFR 52.1225(e)). USEPA is approving 
the above for general NSR purposes for all sources, except it is 
disapproving them for those few sources subject to an NSPS requirement 
(40 CFR Part 60) and exempted from review under 6 MCAR section 4.4303 
B.3. For these sources, NSR Rule APC 3 (40 CFR 52.1220(c)(5)), will 
continue to apply. Additionally, USEPA is taking no action on the CPR in 
relationship to the requirements of Section 111, Part C, and Part D of 
the Clean Air Act.
    (i) Incorporation by reference.
    (A) Within Title 6 Environment, Minnesota Code of Administrative 
Rules, Part 4 Pollution Control Agency (6 MCAR 4), Rule 6 MCAR 4 section 
4.0002, Parts A, B, C, and E--Definitions, Abbreviations, Applicability 
of Standards, and Circumvention (formerly APC 2) Proposed and Published 
in Volume 8 of the State of Minnesota STATE REGISTER (8 S.R.) on October 
17, 1983, at 8 S.R. 682 and adopted as modified on April 16, 1984, at 8 
S.R. 2275.
    (B) Rules 6 MCAR section 4.4001 through section 4.4021--Permits 
(formerly APC 3)--Proposed and Published on December 19, 1983, at 8 S.R. 
1419 (text of rule starting at 8 S.R. 1420) and adopted as modified on 
April 16, 1984, at 8 S.R. 2278.
    (C) Rules 6 MCAR section 4.4301 through section 4.4305--Air Emission 
Facility Permits--Proposed and Published on December 19, 1983, at 8 S.R. 
1419 (text of rule starting at 8 S.R. 1470) and adopted as proposed on 
April 16, 1984, at 8 S.R. 2276.
    (D) Rules 6 MCAR section 4.4311 through section 4.4321--Indirect 
Source Permits (formerly APC 19)--Proposed and Published on December 19, 
1983, at 8 S.R. 1419 (text of rule starting at 8 S.R. 1472) and adopted 
as modified on April 16, 1984, at 8 S.R. 2277.
    (25) On July 9, 1986, the State of Minnesota submitted Rules 
7005.2520 through 7005.2523, submitted to replace the rule APC-29 in the 
existing SIP (see paragraph (20)). This submittal also included State 
permits for three sources, but these permits were withdrawn from USEPA 
consideration on February 24, 1992. This submittal provides for 
regulation of particulate matter from grain handling facilities, and was 
submitted to satisfy a condition on the approval of Minnesota's Part D 
plan for particulate matter.
    (i) Incorporation by reference.
    (A) Minnesota Rule 7005.2520, Definitions; Rule 7005.2521, Standards 
of Performance for Dry Bulk Agricultural Commodity Facilities; Rule 
7005.2522, Nuisance; and Rule 7005.2523, Control Requirements Schedule, 
promulgated by Minnesota on January 16, 1984, and effective at the State 
level on January 23, 1984.
    (ii) Additional Material.
    (A) Appendix E to Minnesota's July 9, 1986, submittal, which is a 
statement signed on April 18, 1986, by Thomas J. Kalitowski, Executive 
Director, Minnesota Pollution Control Agency, interpreting Rules 
7005.2520 through 7005.2523 in the context of actual barge loading 
practices in Minnesota.
    (26) On March 13, 1989, the State of Minnesota requested that EPA 
revise the referencing of regulations in the SIP to conform to the 
State's recodification of its regulations. On November 26, 1991, and 
September 18, 1992, the State submitted an official version of the 
recodified regulations to be incorporated into the SIP. The recodified 
regulations are in Chapter 7001 and Chapter 7005 of Minnesota's 
regulations. Not approved as part of the SIP are recodified versions of 
regulations which EPA previously did not approve. Therefore, the SIP 
does not include Rules 7005.1550 through 7005.1610 (National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for asbestos), Rules 
7005.2300 through 7005.2330 (limits for iron and steel plants), Rules 
7005.2550 through 7005.2590 (NESHAP for beryllium), Rules 7005.2650 
through 7005.2690 (NESHAP for mercury), Rule 7005.0116 (Opacity Standard 
Adjustment) and Rule 7005.2910 (Performance Test Methods for coal 
handling facilities). Similarly, the SIP continues to exclude the 
exemption now in Rule 7001.1210 as applied to small sources subject to 
new

[[Page 583]]

source performance standards, and the SIP is approved only for 
``existing sources'' in the case of Rules 7005.1250 through 7005.1280 
(Standards of Performance for Liquid Petroleum Storage Vessels), Rules 
7005.1350 through 7005.1410 (Standards of Performance for Sulfuric Acid 
Plants), Rules 7005.1450 through 7005.1500 (Standards of Performance for 
Nitric Acid Plants), and Rules 7005.2100 through 7005.2160 (Standards of 
Performance for Petroleum Refineries). The SIP also does not include 
changes in the State's Rule 7005.0100 (relating to offsets) that were 
withdrawn by the State on February 24, 1992, and does not include the 
new rules 7005.0030 and 7005.0040.
    (i) Incorporation by reference.
    (A) Minnesota regulations in Chapter 7005 as submitted November 26, 
1991, and in Chapter 7001 as submitted September 18, 1992, except for 
those regulations that EPA has not approved as identified above.
    (27) On August 16, 1982, the MPCA submitted an amendment to the St. 
Cloud Area Air Quality Control Plan for Transportation as a State 
Implementation Plan revision. This revision to the SIP was adopted by 
the Board of the Minnesota Pollution Control Agency on July 27, 1982. On 
August 31, 1989, the Minnesota Pollution Control Agency submitted a 
revision to the Minnesota State Implementation Plan (SIP) for carbon 
monoxide deleting the Lake George Interchange roadway improvement 
project (10th Avenue at First Street South) from its St. Cloud 
transportation control measures. This revision to the SIP was approved 
by the Board on June 27, 1989.
    (i) Incorporation by reference.
    (A) Letter dated August 16, 1982, from Louis J. Breimburst, 
Executive Director, Minnesota Pollution Control Agency to Valdas V. 
Adamkus, Regional Administrator, United States Environmental Protection 
Agency--Region 5 and its enclosed amendment to the Air Quality Plan for 
Transportation for the St. Cloud Metropolitan Area entitled, ``Staff 
Resolution,'' measures 1, 4 and 5 adopted by the Minnesota Pollution 
Control Agency on July 27, 1982.
    (B) Letter dated August 31, 1989, from Gerald L. Willet, 
Commissioner, Minnesota Pollution Control Agency to Valdas V. Adamkus, 
Regional Administrator, United States Environmental Protection Agency--
Region 5.
    (28) On November 9, 1992, the State of Minnesota submitted the Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance plan. This submittal satisfies the requirements of section 
507 of the Clean Air Act, as amended.
    (i) Incorporation by reference.
    (A) Minnesota Laws Chapter 546, sections 5 through 9 enacted by the 
Legislature, and signed into Law on April 29, 1992.
    (29) On November 26, 1991, August 31, 1992, November 13, 1992, 
February 3, 1993, April 30, 1993, and October 15, 1993, the State of 
Minnesota submitted revisions to its State Implementation Plans (SIPs) 
for particulate matter for the Saint Paul and Rochester areas.
    (i) Incorporation by reference.
    (A) An administrative order for Ashbach Construction Company, dated 
August 25, 1992, submitted August 31, 1992, for the facility at 
University Avenue and Omstead Street.
    (B) An administrative order for Commercial Asphalt, Inc., dated 
August 25, 1992, submitted August 31, 1992, for the facility at Red Rock 
Road.
    (C) An administrative order for Great Lakes Coal & Dock Company 
dated August 25, 1992, submitted August 31, 1992, for the facility at 
1031 Childs Road.
    (D) An administrative order for Harvest States Cooperatives dated 
January 26, 1993, submitted February 3, 1993, for the facility at 935 
Childs Road.
    (E) An administrative order for LaFarge Corporation dated November 
30, 1992, submitted in a letter dated November 13, 1992, for the 
facility at 2145 Childs Road.
    (F) An administrative order for the Metropolitan Waste Control 
Commission and the Metropolitan Council dated November 30, 1992, 
submitted in a letter dated November 13, 1992, for the facility at 2400 
Childs Road.
    (G) An administrative order for North Star Steel Company dated April 
22, 1993, submitted April 30, 1993, for the facility at 1678 Red Rock 
Road.
    (H) An administrative order for PM Ag Products, Inc., dated August 
25, 1992, submitted August 31, 1992, for the facility at 2225 Childs 
Road.

[[Page 584]]

    (I) An administrative order for Rochester Public Utilities dated 
November 30, 1992, submitted in a letter dated November 13, 1992, for 
the facility at 425 Silver Lake Drive.
    (J) An amendment to the administrative order for Rochester Public 
Utilities, dated October 14, 1993, submitted October 15, 1993, for the 
facility at 425 Silver Lake Drive.
    (K) An administrative order for J.L. Shiely Company dated August 25, 
1992, submitted August 31, 1992, for the facility at 1177 Childs Road.
    (ii) Additional materials.
    (A) A letter from Charles Williams to Valdas Adamkus dated November 
26, 1991, with attachments.
    (B) A letter from Charles Williams to Valdas Adamkus dated August 
31, 1992, with attachments.
    (C) A letter from Charles Williams to Valdas Adamkus dated November 
13, 1992, with attachments.
    (D) A letter from Charles Williams to Valdas Adamkus dated February 
3, 1993, with attachments.
    (E) A letter from Charles Williams to Valdas Adamkus dated April 30, 
1993, with attachments.
    (F) A letter from Charles Williams to Valdas Adamkus dated October 
15, 1993, with attachments.
    (30) On June 4, 1992, March 30, 1993, and July 15, 1993, the State 
of Minnesota submitted revisions to its State Implementation Plans 
(SIPs) for sulfur dioxide for Air Quality Control Region (AQCR) 131 
(excluding the Dakota County Pine Bend area and an area around Ashland 
Refinery in St. Paul Park).
    (i) Incorporation by reference.
    (A) An administrative order, received on June 4, 1992, for FMC 
Corporation and U.S. Navy, located in Fridley, Anoka County, Minnesota. 
The administrative order became effective on May 27, 1992. Amendment 
One, which was received on March 30, 1993, became effective on March 5, 
1993. Amendment Two, which was received on July 15, 1993, became 
effective on June 30, 1993.
    (B) An administrative order, received on June 4, 1992, for Federal 
Hoffman, Incorporated, located in Anoka, Anoka County, Minnesota. The 
administrative order became effective on May 27, 1992. Amendment one, 
received on July 15, 1993, became effective on June 30, 1993.
    (C) An administrative order, received on June 4, 1992, for GAF 
Building Materials Corporation (Asphalt Roofing Products Manufacturing 
Facility) located at 50 Lowry Avenue, Minneapolis, Hennepin County, 
Minnesota. The administrative order became effective on May 27, 1992. 
Amendment One, received on July 15, 1993, became effective on June 30, 
1993.
    (D) An administrative order, received on June 4, 1992, for Northern 
States Power Company-Riverside Generating Plant, located in Minneapolis, 
Hennepin County, Minnesota. The administrative order became effective on 
May 27, 1992. Amendment One, received on July 15, 1993, became effective 
on June 30, 1993.
    (E) An administrative order for Minneapolis Energy Center, received 
on July 15, 1993, Inc.'s Main Plant, Baker Boiler Plant, and the Soo 
Line Boiler Plant all located in Minneapolis, Hennepin County, 
Minnesota. The administrative order became effective on June 30, 1993.
    (ii) Additional material.
    (A) A letter from Charles Williams to Valdas Adamkus dated May 29, 
1992, with enclosures providing technical support (e.g., computer 
modeling) for the revisions to the administrative orders for five 
facilities.
    (B) A letter from Charles Williams to Valdas Adamkus dated March 26, 
1993, with enclosures providing technical support for an amendment to 
the administrative order for FMC Corporation and U.S. Navy.
    (C) A letter from Charles Williams to Valdas Adamkus dated July 12, 
1993, with enclosures providing technical support for amendments to 
administrative orders for four facilities and a reissuance of the 
administrative order to Minneapolis Energy Center, Inc.
    (31) In a letter dated October 30, 1992, the MPCA submitted a 
revision to the Carbon Monoxide State Implementation Plan for Duluth, 
Minnesota. This revision contains a maintenance plan that the area will 
use to maintain the CO NAAQS. The maintenance plan contains park and 
ride lots and an oxygenated fuels program as the contingency measure.

[[Page 585]]

    (i) Incorporation by reference.
    (A) Letter dated October 30, 1992, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5 
and its enclosures entitled Appendix E.
    (ii) Additional information.
    (A) Letter dated November 10, 1992, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
    (B) Letter dated December 22, 1993, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
    (32) In a letter dated October 30, 1992, the MPCA submitted a 
revision to the Carbon Monoxide State Implementation Plan for Duluth, 
Minnesota. This revision removes a transportation control measure (TCM) 
from the State Implementation Plan. The TCM is an increased turning 
radius at 14th Avenue and 3rd Street East.
    (i) Incorporation by reference.
    (A) Letter dated October 30, 1992, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5 
and its enclosure entitled Appendix D.
    (ii) Additional information.
    (A) Letter dated November 10, 1992, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
    (33) On August 5, 1992, and August 26, 1993, the State of Minnesota 
submitted its ``Offset Rules'' as revisions to its State Implementation 
Plan (SIP) for new source review in nonattainment areas.
    (i) Incorporation by reference.
    (A) Rules 7005.3020, 7005.3030, and 7005.3040, with amendments 
effective August 24, 1992.
    (B) Amendments to Rule 7005.3040, effective June 28, 1993.
    (ii) Additional materials.
    (A) A letter from Charles Williams to Valdas Adamkus dated August 5, 
1992, with attachments.
    (B) A letter from Charles Williams to Valdas Adamkus dated August 
26, 1993, with attachments.
    (34) On November 9, 1992, the State of Minnesota submitted the 
Oxygenated Gasoline Program. This submittal satisfies the requirements 
of section 211(m) of the Clean Air Act, as amended.
    (i) Incorporation by reference.
    (A) Minnesota Laws Chapter 2509, sections 1 through 31, except for 
sections 29 (b) and (c), enacted by the Legislature and signed into Law 
on April 29, 1992.
    (ii) Additional material.
    (A) Letter dated August 12, 1994, from the Minnesota Pollution 
Control Agency (MPCA), to the United States Environmental Protection 
Agency that withdraws the MPCA Board resolution dated October 27, 1992, 
and any reference to it, from the oxygenated gasoline State 
Implementation Plan revision request of 1992.
    (35) On July 29, 1992, February 11, 1993, and February 25, 1994, the 
State of Minnesota submitted revisions to its State Implementation Plans 
(SIPs) for sulfur dioxide for Dakota County Pine Bend area of Air 
Quality Control Region (AQCR) 131.
    (i) Incorporation by reference.
    (A) For Continental Nitrogen and Resources Corporation, located in 
Rosemount, Dakota County, Minnesota:
    (1) An administrative order, dated and effective July 28, 1992, 
submitted July 29, 1992.
    (2) Amendment One to the administrative order, dated and effective 
February 25, 1994, submitted February 25, 1994.
    (B) For Northern States Power Company, Inver Hills Generating 
Facility, located in Dakota County, Minnesota:
    (1) An administrative order, dated and effective July 28, 1992, 
submitted July 29, 1992.
    (2) Amendment one to the administrative order, dated and effective 
February 25, 1994, submitted February 25, 1994.
    (C) For Koch Refining Company and Koch Sulfuric Acid Unit, located 
in the

[[Page 586]]

Pine Bend area of Rosemount, Dakota County, Minnesota:
    (1) An administrative order, identified as Amendment One to Findings 
and Order by Stipulation, dated and effective March 24, 1992, submitted 
July 29, 1992.
    (2) Amendment two to the administrative order, dated and effective 
January 22, 1993, submitted February 11, 1993.
    (3) Amendment three to the administrative order, dated and effective 
February 25, 1994, submitted February 25, 1994.
    (ii) Additional material.
    (A) A letter from Charles Williams to Valdas Adamkus dated July 29, 
1992, with enclosures providing technical support (e.g., computer 
modeling) for the revisions to the administrative orders for three 
facilities.
    (B) A letter from Charles Williams to Valdas Adamkus dated February 
11, 1993, submitting Amendment Two to the administrative order for Koch 
Refining Company.
    (C) A letter from Charles Williams to Valdas Adamkus dated February 
25, 1994, with enclosures providing technical support for amendments to 
administrative orders for three facilities.
    (36) On June 22, 1993, and September 13, 1994, the State of 
Minnesota submitted revisions to its State Implementation Plan for lead 
for a portion of Dakota County.
    (i) Incorporation by reference.
    (A) For Gopher Smelting and Refining Company, located in the city of 
Eagan, Dakota County, Minnesota:
    (1) An administrative order, dated, submitted, and effective June 
22, 1993.
    (2) Amendment One to the administrative order, dated, submitted, and 
effective, September 13, 1994.
    (ii) Additional material.
    (A) A letter from Charles W. Williams to Valdas V. Adamkus, dated 
June 22, 1993, with enclosures providing technical support (e.g., 
computer modeling) for the revisions to the State Implementation Plan 
for lead.
    (B) A letter from Charles W. Williams to Valdas V. Adamkus, dated 
September 13, 1994, with enclosures providing technical support for the 
revised administrative order for Gopher Smelting and Refining Company.
    (37) On March 9, 1994, the State of Minnesota submitted a revision 
to its particulate matter plan for the Saint Paul area, providing 
substitute limits for an aggregate heater at the J.L. Shiely facility.
    (i) Incorporation by reference.
    (A) An amendment dated January 12, 1994, amending the administrative 
order of August 25, 1992, for the J.L. Shiely facility at 1177 Childs 
Road, Saint Paul.


    Editorial Note: At 60 FR 21451, May 2, 1995 the following paragraph 
(c)(37) was added to Sec. 52.1220.


    (37) On November 23, 1993, the State of Minnesota submitted updated 
air permitting rules.
    (i) Incorporation by reference.
    (A) Rules 7007.0050 through 7007.1850, effective August 10, 1993.
    (B) Rules 7001.0020, 7001.0050, 7001.0140, 7001.0180, 7001.0550, 
7001.3050, 7002.0005, 7002.0015, and 7005.0100, effective August 10, 
1993.
    (38) On December 22, 1992 and September 30, 1994, the State of 
Minnesota submitted revisions to its State Implementation Plans (SIPs) 
for sulfur dioxide for the St. Paul Park area of Air Quality Control 
Region (AQCR) 131.
    (i) Incorporation by reference.
    (A) For Ashland Petroleum Company, located in St. Paul Park, 
Minnesota:
    (1) An administrative order, dated and effective December 15, 1992, 
submitted December 22, 1992.
    (2) Amendment One to the administrative order, dated and effective 
September 30, 1994, submitted September 30, 1994.
    (ii) Additional material.
    (A) A letter from Charles Williams to Valdas Adamkus dated December 
22, 1992, with enclosures providing technical support (e.g., computer 
modeling) for the revision to the administrative order for Ashland 
Petroleum Company.
    (B) A letter from Charles Williams to Valdas Adamkus dated September 
30, 1994, with enclosures, submitting Amendment One to the 
administrative order for Ashland Petroleum Company.
    (39)  [Reserved]
    (40) On November 23, 1993, the State of Minnesota requested 
recodification of the regulations in its State Implementation Plan, 
requested removal of

[[Page 587]]

various regulations, and submitted recodified regulations containing 
minor revisions.
    (i) Incorporation by reference.
    (A) Minnesota regulations in Chapters 7005, 7007, 7009, 7011, 7017, 
7019, and 7023, effective October 18, 1993.
    (B) Submitted portions of Minnesota Statutes Sections 17.135, 88.01, 
88.02, 88.03, 88.16, 88.17, and 88.171, effective 1993.
    (41) On December 22, 1994, Minnesota submitted miscellaneous 
amendments to 11 previously approved administrative orders. In addition, 
the previously approved administrative order for PM Ag Products (dated 
August 25, 1992) is revoked.
    (i) Incorporation by reference.
    (A) Amendments, all effective December 21, 1994, to administrative 
orders approved in paragraph (c)(29) of this section for: Ashbach 
Construction Company; Commercial Asphalt, Inc.; Great Lakes Coal & Dock 
Company; Harvest States Cooperatives; LaFarge Corporation; Metropolitan 
Council; North Star Steel Company; Rochester Public Utilities; and J.L. 
Shiely Company.
    (B) Amendments, effective December 21, 1994, to the administrative 
order approved in paragraph (c)(30) of this section for United Defense, 
LP (formerly FMC/U.S. Navy).
    (C) Amendments, effective December 21, 1994, to the administrative 
order approved in paragraph (c)(35) of this section for Northern States 
Power-Inver Hills Station.
    (42) On September 7, 1994, the State of Minnesota submitted a 
revision to its State Implementation Plan (SIP) for particulate matter 
for the Rochester area of Olmsted County, Minnesota.
    (i) Incorporation by reference.
    (A) Amendment Two to the administrative order for the Silver Lake 
Plant of Rochester Public Utilities, located in Rochester, Minnesota, 
dated and effective August 31, 1994, submitted September 7, 1994.
    (43) On November 12, 1993, the State of Minnesota submitted a 
contingency plan to control the emissions of carbon monoxide from mobile 
sources by use of oxygenated gasoline on a year-round basis. The 
submittal of this program satisfies the provisions under section 
172(c)(9) and 172(b) of the Clean Air Act as amended.
    (i) Incorporation by reference.
    (A) Laws of Minnesota for 1992, Chapter 575, section 29(b), enacted 
by the legislature and signed into law on April 29, 1992.

[37 FR 10874, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1220, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.1221   Classification of regions.

    The Minnesota 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)
----------------------------------------------------------------------------------------------------------------
Central Minnesota Intrastate.........................          II        III       III       III           III  
Southeast Minnesota-La Crosse (Wisconsin) Interstate.          II         Ia       III       III           III  
Duluth (Minnesota)-Superior (Wisconsin) Interstate...           I         II       III       III           III  
Metropolitan Fargo-Moorhead Interstate...............          II        III       III       III           III  
Minneapolis-St. Paul Intrastate......................           I          I       III         I           III  
Northwest Minnesota Intrastate.......................          II        III       III       III           III  
Southwest Minnesota Intrastate.......................         III        III       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10874, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]

[[Page 588]]



Sec. 52.1222  EPA-approved Minnesota State regulations.

    The following table identifies the State regulations submitted to 
and approved by EPA as revisions to the Minnesota State Implementation 
Plan (SIP). This table is for informational purposes only and does not 
have any independent regulatory effect. This table also does not include 
administrative orders that have been approved into the SIP. To determine 
regulatory requirements for a specific situation consult the plan 
identified in Sec. 52.1220. To the extent that this table conflicts with 
Sec. 52.1220, Sec. 52.1220 governs.

                                    Table 52.1222.--EPA Approved Regulations                                    
----------------------------------------------------------------------------------------------------------------
                                  Minnesota rule                       Effective      Relevant para.s in Sec.   
       Rule description              numbers        Contents of SIP       date              52.1220 \1\         
----------------------------------------------------------------------------------------------------------------
Definitions and Abbreviations.  7005.0100-.0110..  Full rules except     10/18/93  b,c20,c40.                   
                                                    def'n of NESHAP.                                            
Air Emission Permits..........  7007.0050-.1850..  Full rules.......      8/10/93  b,c3,c5, c24,c26,c39.        
Offsets.......................  7007.4000-.4030..  Full rules.......     10/18/93  c33.                         
Ambient Air Quality Standards.  7009.0010-.0080..  All except            10/18/93  b,c3,c26.                    
                                                    7009.0030 and                                               
                                                    7009.0040.                                                  
Air Pollution Episodes........  7009.1000-.1110..  Full rules.......     10/18/93  c1,c21.                      
Applicability.................  7011.0010, .0020.  Full rules.......     10/18/93  b,c20                        
Opacity.......................  7011.0100-.0120..  All except            10/18/93  b,c3,c20.                    
                                                    7011.0120.                                                  
Fugitive Particulate..........  7011.0150........  Full rules.......     10/18/93  b.                           
Indirect Heating Equipment....  7011.0500-.0550..  Full rules.......     10/18/93  b,c3,c20,c21                 
Direct Heating Equipment......  7011.0600-.0620..  Full rules.......     10/18/93  c20,c21.                     
Industrial Process Equipment..  7011.0700-.0735..  Full rules.......     10/18/93  b,c20                        
Portland Cement Plants........  7011.0800-.0825..  All except            10/18/93  c20,c40.                     
                                                    7011.0810.                                                  
Asphalt Concrete Plants.......  7011.0900-.0920..  All except            10/18/93  c20,c40.                     
                                                    7011.0910.                                                  
Grain Elevators...............  7011.1000-.1015..  All except            10/18/93  c20,c25,c40.                 
                                                    7011.1005(2).                                               
Coal Handling Facilities......  7011.1100-.1140..  All except            10/18/93  c21.                         
                                                    7011.1130.                                                  
Incinerators..................  7011.1201-.1207..  All rules for         10/18/93  b,c20,c40.                   
                                                    ``existing                                                  
                                                    sources'' \2\.                                              
Sewage Sludge Incinerators....  7011.1300-.1325..  All rules for         10/18/93  c20,c40                      
                                                    ``existing                                                  
                                                    sources''.                                                  
Petroleum Refineries..........  7011.1400-.1430..  All rules for         10/18/93  c20,c21.                     
                                                    ``existing                                                  
                                                    sources''.                                                  
Liquid Petroleum and VOC        7011.1500-.1515..  All rules for         10/18/93  b,c21.                       
 Storage Vessels.                                   ``existing                                                  
                                                    sources''.                                                  
Sulfuric Acid Plants..........  7011.1600-.1630..  All except            10/18/93  b,c3,c21,c40                 
                                                    7011.1610.                                                  
Nitric Acid Plants............  7011.1700-.1725..  All except            10/18/93  b,c3,c21,c40.                
                                                    7011.1710.                                                  
Inorganic Fibrous Materials...  7011.2100-.2105..  All rules........     10/18/93  c20.                         
Stationary Internal Combustion  7011.2300........  Entire rule......     10/18/93  b,c21.                       
 Engine.                                                                                                        
CEMS..........................  7017.1000........  Entire Rule......     10/18/93  c20.                         
Performance Tests.............  7017.2000........  Entire Rule......     10/18/93  c20.                         
Notifications.................  7019.1000........  Entire Rule......     10/18/93  c20.                         
Reports.......................  7019.2000........  Entire Rule......     10/18/93  c20.                         
Emission Inventory............  7019.3000, .3010.  All rules........     10/18/93  c20,c40.                     
Motor Vehicles................  7023.0100-.0120..  All rules........     10/18/93  b,c21.                       
Open Burning..................  Portions of        All submitted             1993  b,c21,c26, c40.              
                                 Chapter 17 and     portions of                                                 
                                 88 of MN           Sections 17.135,                                            
                                 Statutes.          88.01, 88.02,                                               
                                                    88.03, 88.16,                                               
                                                    88.17, and                                                  
                                                    88.171.                                                     
----------------------------------------------------------------------------------------------------------------
\1\ Recodifications affect essentially all rules but are shown only for substantively revised rules.            
\2\ ``Existing'' sources are sources other than those subject to a new source performance standard.             


[60 FR 27413, May 24, 1995]



Sec. 52.1223  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Minnesota's plans for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds the plan satisfies all requirements of Part D, 
Title 1, of the Clean Air Act as amended in 1977, except as noted below.

[45 FR 40581, June 16, 1980]

[[Page 589]]



Sec. 52.1224   General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the plan does not provide for public availability of emission 
data.
    (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 July 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.
    (5) Authority of the Regional Administrator to make available 
information and data was delegated to the Minnesota Pollution Control 
Agency effective October 6, 1977.

[37 FR 10874, May 31, 1972, as amended at 40 FR 55330, Nov. 28, 1975; 43 
FR 10, Jan. 3, 1978; 51 FR 40676, Nov. 7, 1986]



Sec. 52.1225  Review of new sources and modifications.

    (a) Part D--Approval. The State of Minnesota has satisfied the 
requirements of sections 173 and 189(a)(1)(A) for permitting of major 
new sources and modifications in nonattainment areas.
    (b) [Reserved]
    (c) [Reserved]
    (d) [Reserved]
    (e) The State of Minnesota has committed to conform to the Stack 
Height Regulations, as set forth in 40 CFR part 51. In a January 14, 
1987, letter to David Kee, USEPA, Thomas J. Kalitowski, Executive 
Director, Minnesota Pollution Control Agency, stated:

    Minnesota does not currently have a stack height rule, nor do we 
intend to adopt such a rule. Instead, we will conform with the Stack 
Height Regulations as set forth in the July 8, 1985, Federal Register in 
issuing permits for new or modified sources. In cases where that rule is 
not clear, we will contact USEPA Region V and conform to the current 
federal interpretation of the item in question.

[53 FR 17037, May 13, 1988, as amended at 59 FR 21941, Apr. 28, 1994; 60 
FR 21451, May 2, 1995]
Secs. 52.1226--52.1229  [Reserved]



Sec. 52.1230  Control strategy and rules: Particulates.

    (a) Part D. (1) Approval. The State of Minnesota has satisfied the 
requirements of sections 189(a)(1)(B) and 189(a)(1)(C) and paragraphs 1, 
2, 3, 4, 6, 7, 8, and 9 of section 172(c) for the Saint Paul and 
Rochester areas. The Administrator has determined pursuant to

[[Page 590]]

section 189(e) that secondary particulate matter formed from particulate 
matter precursors does not contribute significantly to exceedances of 
the NAAQS.
    (2) No action. USEPA takes no action on the alternative test method 
provision of Rule 7005.2910.
    (b) Approval--On May 31, 1988, the State of Minnesota submitted a 
committal SIP for particulate matter with an aerodynamic diameter equal 
to or less than 10 micrometers (PM10) for Minnesota's Group II 
areas. The Group II areas of concern are in Minneapolis, Hennepin 
County; Duluth and Iron Range, St. Louis County; Iron Range, Itasca 
County; Two Harbors, Lake County; and St. Cloud, Stearns County. The 
committal SIP contains all the requirements identified in the July 1, 
1987, promulgation of the SIP requirements for PM10 at 52 FR 24681.

[47 FR 19522, May 6, 1982, as amended at 47 FR 32118, July 26, 1982; 55 
FR 21022, May 22, 1990; 57 FR 46308, Oct. 8, 1992; 59 FR 7222, Feb. 15, 
1994]
Secs. 52.1231--52.1232  [Reserved]



Sec. 52.1233  Operating permits.

    Emission limitations and related provisions which are established in 
Minnesota permits as federally enforceable conditions in accordance with 
Chapter 7007 rules shall be enforceable by USEPA. USEPA reserves the 
right to deem permit conditions not federally enforceable. Such a 
determination will be made according to appropriate procedures, and be 
based upon the permit, permit approval procedures or permit requirements 
which do not conform with the permit program requirements or the 
requirements of USEPA's underlying regulations.

[60 FR 21451, May 2, 1995]



Sec. 52.1234   Significant deterioration of air quality.

    (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 Sec. 52.21(b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of Minnesota.
    (c) All applications and other information required pursuant to 
Sec. 52.21 from sources located in the State of Minnesota shall be 
submitted to the Minnesota Pollution Control Agency, Division of Air 
Quality, 520 Lafayette Road, St. Paul, Minnesota 55155.

[45 FR 52741, Aug. 7, 1980, as amended at 53 FR 18985, May 26, 1988]
Sec. 52.1235  [Reserved]



Sec. 52.1236  Visibility protection.

    (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 and new source review. The 
provisions of Secs. 52.26 and 52.28 are hereby incorporated and made a 
part of the applicable plan for the State of Minnesota.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Minnesota.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.1237  Control strategy: Carbon monoxide.

    (a) The base year carbon monoxide emission inventory requirement of 
section 187(a)(1) of the Clean Air Act, as amended in 1990, has been 
satisfied for the following areas: Duluth Metropolitan Area and 
Minneapolis-St. Paul Metropolitan Area.

[59 FR 47807, Sept. 19, 1994]



                         Subpart Z--Mississippi



Sec. 52.1270   Identification of plan.

    (a) Title of plan: ``Air Implementation Plan for the State of 
Mississippi.''
    (b) The plan was officially submitted on February 4, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) A change in the Opacity Regulation, section 2, Appendix C; 
addition of testing methods, section 8, Appendix C;

[[Page 591]]

addition of Permit System, Appendix G and deletion of SO2 
regulation, section 4, Appendix C submitted on May 4, 1972, by the 
Mississippi Air and Water Pollution Control Commission.
    (2) Telegram concerning adoption of plan changes submitted on May 
15, 1972, by the Mississippi Air and Water Pollution Control Commission.
    (3) House Bill number 680 submitted on May 17, 1972, by the 
Governor.
    (4) Compliance schedule revisions submitted on March 6, 1973, by the 
Mississippi Air and Water Pollution Control Commission.
    (5) Compliance schedule revisions submitted on August 9, 1973, by 
the Mississippi Air and Water Pollution Control Commission.
    (6) AQMA identification material submitted on March 14, 1974, by the 
Mississippi Air and Water Pollution Control Commission.
    (7) Compliance schedules submitted on January 20, 1975, by the 
Mississippi Air and Water Pollution Control Commission.
    (8) Revised regulations for the incineration of cotton ginning 
waste, submitted on August 30 and November 14, 1977, by the Mississippi 
Air and Water Pollution Control Commission.
    (9) Revised regulations for open burning, submitted on October 31, 
1977, by the Mississippi Air and Water Pollution Control Commission.
    (10) Revised permit regulations, submitted on March 16, 1978, by the 
Mississippi Air and Water Pollution Control Commission.
    (11) Implementation plan revisions for the Jones County, Mississippi 
total suspended particulate nonattainment area, submitted on March 13, 
1979, by the Mississippi Air and Water Pollution Control Commission.
    (12) Revised regulation APC S-1, section 4.2(b), for emissions of 
sulfur oxides from the incineration of gas streams containing hydrogen 
sulfide, submitted on July 3, 1978; and permits containing limits on 
sulfur oxide emissions from individual flares, submitted on September 
13, 1979, by the Mississippi Bureau of Pollution Control (see Federal 
Register of July 10, 1980).
    (13) Air Quality Surveillance Plan, submitted on June 1, 1982, by 
the Mississippi Department of Natural Resources.
    (14) Incorporation by reference of NSPS and NESHAPS (revised 
definition of ``person'', addition of paragraph 3 to section 6 of APC-S-
1, addition of section 8 to APC-S-1, and addition of subparagraph 2.6.3 
to APC-S-2), submitted on September 8, 1981, by the Mississippi Bureau 
of Pollution Control.
    (15) Revised SO2 limit for United Cement Company's Artesia 
kiln, and NSPS enabling regulation submitted on December 10, 1982, and 
adoption of six categories of NSPS submitted on December 23, 1982, by 
the Mississippi Bureau of Pollution Control.
    (16) Revision to ``Air Quality Regulations'' and amendment to 
``Permit Regulations for the Construction and/or Operation of Air 
Emission Equipment'' were submitted by the Mississippi Department of 
Natural Resources on May 11, 1984.
    (i) Incorporation by reference. (A) May 11, 1984 letter from the 
Mississippi Department of Natural Resources to EPA amending Regulations 
APC-S-1 and APC-S-2.
    (B) A revision adopted on May 9, 1984, adds Paragraph 3 to 
Mississippi's ``Air Quality Regulations,'' APC-S-1, Section 1 
``General.''
    (C) A revision adopted on May 9, 1984, amends Mississippi's ``Permit 
Regulations for the Construction and/or Operation of Air Emission 
Equipment,'' APC-S-2, Paragraph 2.6.2.1.
    (ii) Other materials--none.
    (17) Implementation plan for lead, submitted on May 9, 1984, by the 
Mississippi Department of Natural Resources.
    (18) Part D and other new source review provisions were submitted by 
the Mississippi Department of Natural Resources on November 25, 1981.
    (i) Incorporation by reference.
    (A) Letter dated November 25, 1981 from Mississippi Department of 
Natural Resources, and Mississippi Regulation APC-S-2, section 2.4.8, 
``Additional Requirements for a Construction Permit for a New Facility 
Significantly Impacting an area in which a

[[Page 592]]

National Ambient Air Quality Standard is being Exceeded or will be 
Exceeded'', was adopted by the Mississippi Commission on Natural 
Resources on November 12, 1981. Subsection 2.4.8.1, 2.4.8.3, and 2.4.8.4 
are incorporated by reference.
    (ii) Additional material.
    (A) Letter to Jack Ravan from Charlie E. Blalock, dated November 25, 
1985, interpreting Mississippi regulations with respect to source 
coverage and stack heights.
    (19) Stack height regulations were submitted to EPA on April 1, 1986 
by the Mississippi Department of Natural Resources.
    (i) Incorporation by reference.
    (A) Mississippi Department of Natural Resources, Bureau of Pollution 
Control, Appendix C-5, Air Emission Regulations, Regulation APC-S-1, 
Section 9, which was adopted on March 26, 1986.
    (B) Letter of April 1, 1986 from Mississippi Department of National 
Resources.
    (ii) Additional material--none.
    (20) PM10 revisions for the State of Mississippi which were 
submitted by the Mississippi Department of Natural Resources on July 26, 
1988.
    (i) Incorporation by reference.
    (A) Revised regulations which became State-effective on June 3, 
1988:
    1. Air Emission Regulations, APC-S-1, Section 2, (16)-(27).
    2. Permit Regulations . . ., APC-S-2, 2.4.8.1(a), (b), (e), (f) and 
2.4.8.3.
    3. Regulations for the Prevention of Air Pollution Emergency 
Episodes, APC-S-3, Section 3 and Section 5.
    (ii) Additional material.
    (A) Letter of July 26, 1988, from the Mississippi Department of 
Natural Resources, submitting the Mississippi SIP revisions.
    Revised SIP narrative:
    (B) Section 1.15  Notification of Public Hearing for Plan Revision 
for PM10 Requirements
    (C) Section 3.6  Legal Authority for the PM10 Plan Revision
    (D) Section 5.5  Control Strategy for the Development of Emission 
Regulations for PM10
    (E) Section 6.9  Control Regulations for PM10 Revisions
    (F) Chapter 9.0  Air Monitoring
    (G) Section 14.1.4  Health Effects of the PM10 Plan Revisions
    (H) Section 14.3.4  Economic Effects of the PM10 Plan Revisions
    (I) Section 14.5.4  Social Effects of the PM10 Plan Revisions
    (J) Section 14.6.4  Air Quality Effects of the PM10 Revisions
    (21) Revisions to APC-S-5 of the Mississippi Air Pollution Control 
Act which were submitted on July 16, 1990.
    (i) Incorporation by reference. (A) Regulation APC-S-5, Regulations 
for the Prevention of Significant Deterioration of Air Quality, 
effective on July 29, 1990.
    (ii) Other material. (A) Letter of July 16, 1990, from the 
Mississippi Department of Environmental Quality.
    (22) Prevention of Significant Deterioration regulation revision to 
include Nitrogen Dioxide increments for the State of Mississippi which 
was submitted by the Mississippi Department of Environmental Quality on 
June 14, 1991.
    (i) Incorporation by reference.
    (A) Revision to Regulation APC-S-5, Paragraph 1, Regulations for the 
Prevention of Significant Deterioration of Air Quality, which became 
State effective on May 28, 1991.
    (ii) Other material.
    (A) Letter of June 14, 1991 from the Mississippi Department of 
Environmental Quality.
    (B) Letter of March 8, 1991, from the Mississippi Department of 
Environmental Quality regarding minimum program elements.
    (23) The Mississippi Department of Environmental Quality has 
submitted revisions to chapter 15 of the Mississippi Statute on November 
19, 1992. These revision address the requirements of section 507 of 
title V of the CAA and establish the Small Business Stationary Source 
Technical and Environmental Assistance Program (PROGRAM).
    (i) Incorporation by reference.
    (A) Mississippi SIP chapter 15 effective December 19, 1992.
    (ii) Additional information.
    (A) January 20, 1994, letter of clarification regarding the 
appointment of the CAP.

[[Page 593]]

    (24) The Mississippi Department of Environmental Quality submitted 
revisions on June 14, 1991, to ``Permit Regulations for the construction 
and/or Operation of Air Emissions Equipment'' of Regulation APC-S092. 
These revisions incorporate ``moderate stationary sources'' into the 
existing regulations which are required in 40 CFR part 51, subpart I.
    (i) Incorporation by reference.
    (A) Mississippi Commission on Environmental Quality Permit 
Regulations for the Construction and/or Operation of Air Emissions 
Equipment, Regulation APC-S092, effective on May 28, 1991.
    (B) Letter of June 21, 1994, from the Mississippi Office of the 
Attorney General to the Environmental Protection Agency.
    (ii) Additional material. None.
    (25) Revisions to minor source operating permit rules submitted by 
the Mississippi Department of Environmental Quality on January 26, 1994.
    (i) Incorporation by reference.
    (A) Regulation APC-S-2, effective January 9, 1994.
    (ii) Other material. None.
    (26) The Mississippi Department of Environmental Quality has 
submitted revision to Regulation APC-S-5. The purpose of this regulation 
is to adopt by reference Federal regulations for the prevention of 
significant deterioration of air quality as required by 40 CFR 51.166 
and 52.21.
    (i) Incorporation by reference.
    (A) Regulations of the prevention of significant deterioration of 
air quality--Regulation APC-S-5 effective January 9, 1994.
    (ii) Additional information--None.
    (27) Amendments to Regulation APC-S-1 ``Air Emission Regulations for 
the Prevention, Abatement, and Control of Air Contaminants'' to be 
consistent with federal regulations as specified in 40 CFR Part 257.
    (i) Incorporation by reference. Regulation APC-S-1 ``Air Emission 
Regulations for the Prevention, Abatement, and Control of Air 
Contaminants'' effective January 9, 1994, except SECTION 8. PROVISIONS 
FOR HAZARDOUS AIR POLLUTANTS.
    (ii) Additional Material. None.

[37 FR 10875, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1270, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.1271   Classification of regions.

    The Mississippi 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)
----------------------------------------------------------------------------------------------------------------
Mobile (Alabama)-Pensacola-Panama City (Florida)-                                                               
 Gulfport (Mississippi) Interstate...................           I          I       III       III             I  
Metropolitan Memphis Interstate......................           I        III       III       III             I  
Mississippi Delta Intrastate.........................         III        III       III       III           III  
Northeast Mississippi Intrastate.....................          II        III       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10875, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]



Sec. 52.1272  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Mississippi's plan for the attainment and maintenance of 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds the plans satisfy all requirements or Part D, 
Title I, of the Clean Air Act as amended in 1977.

[45 FR 2032, Jan. 10, 1980]


[[Page 594]]


Sec. 52.1273  [Reserved]



Sec. 52.1275   Legal authority.

    (a) The requirements of Sec. 51.230(d) of this chapter are not met 
since statutory authority to prevent construction, modification, or 
operation of a facility, building, structure, or installation, or 
combination thereof, which indirectly results or may result in emissions 
of any air pollutant at any location which will prevent the maintenance 
of a national air quality standard is not adequate.
    (b) The requirements of Sec. 51.230(f) of this chapter are not met, 
since section 7106-117 of the Mississippi Code could, in some 
circumstances, prohibit the disclosure of emission data to the public. 
Therefore, section 7106-117 is disapproved.

[39 FR 7282, Feb. 25, 1974, as amended at 39 FR 34536, Sept. 26, 1974; 
51 FR 40676, Nov. 7, 1986]

Sec. 52.1276  [Reserved]



Sec. 52.1277   General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met, 
since the legal authority to provide public availability of emission 
data is inadequate.
    (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 34536, Sept. 26, 1974, as amended at 40 FR 55330, Nov. 28, 1975; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.1278   Control strategy: Sulfur oxides and particulate matter.

    In a letter dated January 30, 1987, the Mississippi Department of 
Natural Resources certified that no emission limits in the State's plan 
are based on dispersion techniques not permitted by EPA's stack height 
rules. This certification does not apply to: Mississippi Power-Daniel; 
South Mississippi Electric Power, Hattiesburg-Morrow; E.I. Dupont, 
Delisle Boilers 1 & 2; and International Paper, Vicksburg.

[54 FR 25456, June 15, 1989]


[[Page 595]]


Sec. 52.1279  [Reserved]



Sec. 52.1280   Significant deterioration of air quality.

    (a) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located or to be located in the 
State of Mississippi shall be submitted to the Bureau of Pollution 
Control, Department of Natural Resources, P.O. Box 10385, Jackson, 
Mississippi 39209.

[43 FR 26410, June 19, 1978, as amended at 45 FR 34272, May 22, 1980; 45 
FR 52741, Aug. 7, 1980; 55 FR 41692, Oct. 15, 1990]



                          Subpart AA--Missouri



Sec. 52.1320  Identification of plan.

    (a) Title of plans:
    (1) ``State of Missouri, Kansas City and Out-State Air Quality 
Control Regions Implementation Plan.''
    (2) ``Implementation Plan for the Missouri Portion of the St. Louis 
Interstate Air Quality Control Region.''
    (b) The plans were officially submitted on January 24, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Budget and manpower projections were submitted by the State Air 
Conservation Commission (ACC) on February 28, 1972. (Non-regulatory)
    (2) A memorandum from the State Air Conservation Commission 
concerning the effects of adopting Appendix B to NO2 emissions in 
the St. Louis area was submitted on March 27, 1972. (Non-regulatory)
    (3) The determination of the CO air quality data base on the St. 
Louis area was submitted on May 2, 1972, by the Air Conservation 
Commission. (Non- regulatory)
    (4) The emergency episode operations/communications manual for the 
Kansas City area was submitted on May 11, 1972, by the State Air 
Conservation Commission. (Non-regulatory)
    (5) Amendments to the Air Conservation Law, Chapter 203, and plans 
for air monitoring for outstate Missouri were submitted July 12, 1972, 
by the Air Conservation Commission.
    (6) The following amendments to the St. Louis and Kansas City 
outstate plans were submitted August 8, 1972, by the State ACC: Air 
Conservation Law, Chapter 203; Kansas City Ordinance, Chapter 18; 
Regulations XVIII, XX, XXVI (St. Louis); Regulations X, XII, XVII 
(Kansas City) and Regulations S-11, S-X111 and S-X11 (outstate).
    (7) Letters discussing transportation control strategy for Kansas 
City Interstate AQCR submitted by the State ACC on May 11 and 21, 1973. 
(Non-regulatory)
    (8) Alert plan for St. Louis County and outstate Missouri was 
submitted on May 24, 1973, by the ACC. (Regulatory)
    (9) Copy of the State's analysis of ambient air quality in the 
Missouri portion of the Metropolitan Kansas City Interstate Air Quality 
Control Region and recommendation that the area not be designated as an 
Air Quality Maintenance Area submitted by the Missouri Air Conservation 
Commission on April 11, 1974. (Non-regulatory)
    (10) Copy of the State's analysis of the Missouri portion of the 
Metropolitan St. Louis Interstate Standard Metropolitan Statistical Area 
(SMSA), the Columbia SMSA and the Springfield SMSA and recommendations 
for the designation of Air Quality Maintenance Areas submitted by the 
Missouri Air Conservation Commission on May 6, 1974. (Non-regulatory)
    (11) Compliance Schedules were submitted by the Missouri Air 
Conservation Commission on June 3 and October 1, 1976.
    (12) Compliance Schedules were submitted by the Missouri Air 
Conservation Commission on November 23, 1976.
    (13) On August 28, 1978, the following revisions were submitted by 
the Missouri Department of Natural Resources:
    (i) The recodification of Missouri regulations of July 1, 1976, now 
contained in Title 10, Division 10 of the Code of State Regulations.
    (ii) Title 10, Division 10, Chapter 6 of the Code of State 
Regulations which contains air quality standards, definitions, and 
reference methods.
    (iii) Missouri Rule 10 CSR 10-2.200; Rule 10 CSR 10-3.150; and Rule 
10 CSR 10-4.190 pertaining to control of SO2 from indirect heating 
sources.
    (iv) Missouri Rule 10 CSR 10-2.030; Rule 10 CSR 10-3.050; Rule 10 
CSR 10- 

[[Page 596]]

4.030; and 10 CSR 10-5.050 exempting certain process sources from the 
process weight regulations for particulate matter.
    (v) Missouri Rule 10 CSR 10-2.190; Rule 10 CSR 10-3.140; Rule 10 CSR 
10-4.180; and Rule 10 CSR 10-5.280 which contain the ``Standards of 
Performance for New Stationary Sources,'' found at 40 CFR part 60 as in 
effect on January 18, 1975.
    (vi) Missouri Rule 10 CSR 10-2.060; Rule 10 CSR 10-3.080; Rule 10 
CSR 10-4.060; and Rule 10 CSR 10-5.090 which require continuous opacity 
monitors for certain sources.
    (vii) Missouri Rule 10 CSR 10-5.140 for determining settlable acid 
and alkaline mists is rescinded.
    (viii) The EPA is taking no action on Rule 10 CSR 10-5.100; 10 CSR 
10-2.050, and 10 CSR 10-3.070 which limit fugitive particulate emissions 
from the handling, transporting and storage of materials in the State of 
Missouri.
    (14) On March 12, 1979, the Missouri Department of Natural Resources 
submitted Rule 10 CSR 10-3.100 and Rule 10 CSR 10-5.150 establishing 
revised SO2 emission limits for primary lead smelters.
    (15) On March 1, 1979, the Missouri Department of Natural Resources 
submitted a revision of regulation 10 CSR 10-5.110 revising the 
allowable emission rates of sulfur dioxide from Union Electric's Sioux 
and Labadie power plants.
    (16) On July 2, 1979, the State of Missouri submitted a plan to 
attain the National Ambient Air Quality Standards for the Kansas City 
and St. Louis areas of the state designated nonattainment under section 
107 of the Clean Air Act, as amended in 1977. Included in the plan are 
the following approved regulations as amended, in part, in subsequent 
submittals:
    (i) Rule 10 CSR 10-2.210 and 10 CSR 10-5.300 Control of Emissions 
from Solvent Metal Cleaning are approved as RACT;
    (ii) Rule 10 CSR 10-2.220 and 10 CSR 10-5.310 Liquified Cutback 
Asphalt Paving Restriated are approved as RACT;
    (iii) Rule 10 CSR 10-5.220 Control of Petroleum Liquid Storage, 
Loading and Transfer (St. Louis) is approved as RACT.
    (iv) Rule 10 CSR 10-2.260 Control of Petroleum Liquid Storage, 
Loading and Transfer (Kansas City) is approved as RACT;
    (v) Rule 10 CSR 10-5.030 Maximum Allowable Emission of Particulate 
Matter from Fuel Burning Equipment Used for Indirect Heating is approved 
as RACT;
    (vi) Rule 10 CSR 10-5.090 Restriction of Emission of Visible Air 
Contaminants is approved as RACT;
    (vii) Rule 10 CSR 10-5.290 More Restrictive Emission Limitations for 
Sulfur Dioxide and Particulate Matter in South St. Louis is approved as 
RACT;
    (viii) Rule 10 CSR 10-2.040 Maximum Allowable Emission of 
Particulate Matter from Fuel Burning Equipment Used for Indirect Heating 
is approved as RACT;
    (ix) Rule 10 CSR 10-2.240 Restriction of Emissions of Volatile 
Organic Compounds from Petroleum Refinery Sources is approved as RACT;
    (x) Rule 10 CSR 10-2.250 Control of Volatile Leaks from Petroleum 
Refinery Equipment is approved as RACT; and
    (xi) Rule 10 CSR 10-2.230 and 10 CSR 10-5.330 Control of Emissions 
from Industrial Surface Coating Operations is approved as RACT.
    (17) On July 2, 1979, the Missouri Department of Natural Resources 
submitted variances (compliance schedules) for Union Electric Company's 
Labadie power plant, River Cement Company, and Monsanto Company's Queeny 
plant. The compliance schedules require these sources to comply with 
revised Rule 10 CSR 10-5.090. In addition, the Labadie power plant is 
required to come into compliance with Rule 10 CSR 10-5.030.
    (18) On April 7, 1980 the State of Missouri submitted plan revisions 
for the review and permitting of sources of air pollutant emissions in 
nonattainment areas. Included in the plan are Missouri regulations 10 
CSR 10-6.020, Definitions, and 10 CFR 10-6.060, Permits Required, as 
amended, in part, in subsequent submittals, which are approved as 
meeting the requirements of sections 172(b)(6), 172(b)(11)(A) and 173.

[[Page 597]]

    (19) On July 2, 1979, the Missouri Department of Natural Resources 
submitted the variance for the University of Missouri power plant.
    (20) On March 11, 1977 the Missouri Department of Natural Resources 
submitted a variance for Noranda Aluminum.
    (21) On June 25, 1979 the Missouri Department of Natural Resources 
submitted a variance for Associated Electric Cooperative in New Madrid.
    (22) On April 25, 1979, the Missouri Department of Natural Resources 
submitted the variance for the Union Electric Company's Meramec power 
plant.
    (23) Revisions to Rule 10 CSR 10-2.260 Control of Petroleum Liquid 
Storage, Loading and Transfer (Kansas City), submitted on September 5, 
1980, amending the vapor pressure limit in Section 2(A) and amending the 
limit on gasoline loading in Section 3(B)(1), are approved as RACT.
    (24) A schedule for an inspection and maintenance program in St. 
Louis and a commitment by the East-West Gateway Coordinating Council 
regarding difficult transportation control measures, submitted on 
September 9, 1980.
    (25) On September 5, 1980, the State of Missouri submitted new 
regulations and amendments to existing regulations to control emissions 
of volatile organic compounds in the St. Louis and Kansas City ozone 
nonattainment areas. Included in the plan revision are the following 
approved regulations as amended, in part, in subsequent submittals:
    (i) Amendments to Rule 10 CSR 10-2.230 and to Rule 10 CSR 10-5.330, 
Control of Emissions from Industrial Surface Coating Operations, are 
approved as RACT;
    (ii) Amendments to Rule 10 CSR 10-2.260 and to Rule 10 CSR 10-5.220, 
Control of Petroleum Liquid Storage, Loading and Transfer, are approved 
as RACT;
    (iii) Amendments to Rule 10 CSR 10-6.020, Definitions, and to Rule 
10 CSR 10-6.030, Sampling Methods for Air Pollution Sources, and to Rule 
10 CSR 10-6.040, Reference Methods, are approved as RACT;
    (iv) Rule 10 CSR 10-2.280 and Rule 10 CSR 10-5.320, Control of 
Emissions from Perchloroethylene Dry Cleaning Installations, are 
approved as RACT;
    (v) Rule 10 CSR 10-2.290, Control of Emissions from Rotogravure and 
Flexographic Printing Facilities, is approved as RACT;
    (vi) Rule 10 CSR 10-5.350, Control of Emissions from the Manufacture 
of Synthesized Pharmaceutical Products, is approved as RACT;
    (vii) Rule 10 CSR 10-5.340, Control of Emissions from Rotogravure 
and Flexographic Printing Facilities is approved as RACT.
    (26) On September 2, 1980, the Missouri Department of Natural 
Resources submitted the State Implementation Plan for Lead. On February 
11 and 13, 1981, the Missouri Department of Natural Resources submitted 
two letters containing additional information concerning the State 
Implementation Plan for Lead.
    (27) On September 5, 1980, the state of Missouri submitted a plan 
revision which involved provisions for start-up, shutdown, and 
malfunction conditions. Included in the plan are new Missouri Rule 10 
CSR 10-6.050, Start-up Shutdown, and MalfunctionConditions; and 
revisions to Rule 10 CSR 10-6.020, Defintions and Amended Start-up, 
Shutdown and Malfunction Provisions in Rules 10 CSR 10-2.030, 10-3.050, 
10-3.060, 10-3.080, 10-4.030, 10-4.040, and 10-5.050.
    (28) Revisions to Rule 10 CSR 10-6.060 Permits Required, submitted 
on April 7, 1981.
    (29) A revision to Rule 10 CSR 10-5.220 Control of Petroleum Liquid 
Storage, Loading and Transfer (St. Louis), submitted on April 14, 1981, 
amending the emission limit in Section 3, is approved as RACT.
    (30) A report on the recommended type of I/M program, stringency 
factor, vehicle test mix, and program resources and justification, 
submitted on December 16, 1980, is approved as meeting the applicable 
condition on the SIP. No action is being taken with respect to the 
approvability of the specific recommendation sin the report.
    (31) A report from the East-West Gateway Coordinating Council 
outlining commitments to transportation control measures, an analysis of 
those measures, and the results of the carbon

[[Page 598]]

monoxide dispersion modeling, submitted on February 12 and April 
28,1981, is approved as meeting the applicable condition on the SIP.
    (32) A variance from Missouri Rule 10 CSR 10-3.050 Restriction of 
Emission of Particulate Matter From Industrial Processes, for St. Joe 
Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by the 
Missouri Department of Natural Resources on May 6, 1981 with 
supplementary information submitted on June 22 and July 28, 1981.
    (33) On September 5, 1980, the Missouri Department of Natural 
Resources submitted a revision of Missouri Rule 10 CSR 10-3.050, 
Restriction of Emission of Particulate Matter from Industrial Processes, 
which exempts existing Missouri type charcoal kilns from the rule.
    (34) A variance from Missouri Rules 10 CSR 10-3.060, Maximum 
Allowable Emissions of Particulate Matter from Fuel Burning Equipment 
Used for Indirect Heating, and 10 CSR 10-3.080, Restriction of Emission 
of Visible Air Contaminants, was submitted by the Missouri Department of 
Natural Resources on August 12, 1981.
    (35) A variance from Missouri Rule 10 CSR 10-2.260, Control of 
Petroleum Liquid Storage, Loading and Transfer for the Kansas City 
Metropolitan Area, was submitted by the Missouri Department of Natural 
Resources on June 11, 1981.
    (36) Revisions to Rule 10 CSR 10-5.340, Control of Emissions from 
Rotogravure and Flexographic Printing Facilities, submitted on April 15, 
1982, are approved as RACT.
    (37) On April 15, 1982, the State of Missouri submitted a new Rule 
10 CSR 10-6.060, Permits Required, and Amendments to Rule 10 CSR 
10.6020, Definitions, involving the review and permitting of new sources 
of air pollution. Included in the plan are provisions relating to the 
attainment area (PSD) new source review. The plan also includes new 
source review provisions of nonattainment areas in the State.
    (38) Revisions to Rules 10 CSR 10-2.280 (Kansas City) and 10 CSR 10-
5.320 (St. Louis), both entitled Control of Emissions from 
Perchloroethylene Dry Cleaning Installations, and 10 CSR 10-5.290, More 
Restrictive Emission Limitations for Sulfur Dioxide and Particulate 
Matter in the South St. Louis Area, submitted on July 13, 1982, are 
approved.
    (39) [Reserved]
    (40) The 1982 carbon monoxide and ozone state implementation plan 
revisions were submitted by the Department of Natural Resources on 
December 23, 1982. A revised version of the 1982 carbon monoxide and 
ozone plan was submitted by the Department of Natural Resources on 
August 24, 1983. This version contained updated inventories, attainment 
demonstrations and schedules to adopt rules. The submission included new 
rule 10 CSR 10-5.360, Control of Emissions from Polyethylene Bag Sealing 
Operations. (No action was taken with respect to provisions dealing with 
control strategy demonstration, reasonable further progress and 
inspection and maintenance of motor vehicles.)
    (41) Revised rule 10 CSR 10-1.010, General Organization, was 
submitted by the Missouri Department of Natural Resources on December 
30, 1982.
    (42) On May 22, 1995, the Governor of Montana submitted revisions to 
the prevention of significant deterioration regulations in the 
Administrative Rules of Montana to incorporate changes in the Federal 
PSD permitting regulations for PM-10 increments.
    (i) Incorporation by reference.
    (A) Revisions to Administrative Rules of Montana (ARM), rules 
16.8.945(3)(c), 16.8.945(21)(d), 16.8.945(24)(d), 16.8.947(1), 
16.8.953(7)(a), and 16.8.960(4), effective 10/28/94.
    (43) On March 26, 1984, the Missouri Department of Natural Resources 
submitted a revision to the September 2, 1980, lead State Implementation 
Plan pertaining to item 4 of the consent order for the St. Joe Lead 
Company. The revision consists of a substitution of equivalent control 
measures for item 4.
    (44) A variance from Missouri Rule 10 CSR 10-3.050, Restriction of 
Emission of Particulate Matter from Industrial Processes, for the St. 
Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by 
the Missouri Department of Natural Resources on July 1, 1983.

[[Page 599]]

    (45) The Missouri Department of Natural Resources submitted 
revisions to regulations 10 CSR 10-2.100, 3.030, 4.090, and 5.070 
requiring operating permits for open burning of untreated wood waste at 
solid waste disposal and processing installations effective April 12, 
1984.
    (46) On June 6, 1984, the Missouri Department of Natural Resources 
submitted the Air Quality Monitoring State Implementation Plan.
    (47) In a letter dated August 14, 1984, the Missouri Department of 
Natural Resources submitted the rules, 10 CSR 10-6.030, Sampling Methods 
for Air Pollution Sources, and 10 CSR 10-6.040, Reference Methods.
    (48) Revised rules 10 CSR 10-2.040, 3.060, 4.040 and 5.030 all 
entitled ``Maximum Allowable Emission of Particulate Matter from Fuel 
Burning Equipment Used for Indirect Heating'' were submitted September 
24, 1984, by the Department of Natural Resources.
    (49) On October 5, 1984, the Missouri Department of Natural 
Resources submitted a revision to the September 2, 1980, lead State 
Implementation Plan pertaining to item 6 of the Consent Order for the 
AMAX Lead Company. The revision consists of a substitution of equivalent 
control measures for item 6.
    (50) The Missouri Department of Natural Resources submitted an 
amendment to Rule 10 CSR 10-5.330 ``Control of Emissions from Industrial 
Surface Coating Operations,'' limiting emissions from surface coating of 
plastic parts and new Rule 10 CSR 10-5.370 ``Control of Emissions from 
the Application of Deadeners and Adhesives'' on January 24, 1984; and 
new Rule 10 CSR 10-5.390, ``Control of Emissions from Manufacture of 
Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating 
Products'' and an amendment to 10 CSR 10-6.020, ``Definitions'' on April 
10, 1984. (Approval action was deferred on 10 CSR 10-5.370.)
    (51) The motor vehicle inspection and maintenance program for the 
St. Louis area was submitted August 27, 1984, by the Department of 
Natural Resources.
    (i) Incorporation by reference. (A) Amendment to Regulations 10 CSR 
10-5.380, ``Motor Vehicle Emissions Inspections'', published in the 
Missouri Register January 3, 1982;
    (B) Missouri Revised Statutes, Sections 307.350 through 307.395, 
``Motor Vehicle Safety Inspection'', as revised September 1983;
    (C) Regulations 11 CSR 50-2.010 through 11 CSR 50-2.410, ``Missouri 
Motor Vehicle Inspection Regulations'', as revised July 1, 1982.
    (ii) Additional material. (A) I/M Implementation Schedule.
    (B) Highway Patrol Forms.
    (C) Missouri Certified Emission Analyzers.
    (D) Missouri Department of Revenue Policy.
    (E) Highway Patrol QC Manual.
    (F) EPA Approval of RACT Compliance.
    (G) Public Awareness Materials.
    (52) [Reserved]
    (53) A rule requiring sources to keep records and report data and 
requiring emission data to be made public was submitted January 22, 
1985, by the Department of Natural Resources. This rule replaces 
previous rules 10 CSR 10-2.130, 3.130, 4.120, and 5.210, all entitled 
``Submission of Emission Information'' which were approved as parts of 
the State Implementation Plan; and previous rules 10 CSR 10-2.180, 
3.120, 4.170, and 5.270, all entitled ``Public Availability of Emission 
Data'' which were not approved prior to the submission of this 
replacement rule.
    (i) Incorporation by reference. A new regulation 10 CSR 10-6.110 
published in the Missouri Register November 1, 1984.
    (54) A new rule, Controlling Emissions During Episodes of High Air 
Pollution Potential, was submitted by the Department of Natural 
Resources on January 22, 1985.
    (i) Incorporation by reference. 10 CSR 10-6.130, Controlling 
Emissions During Episodes of High Air Pollution Potential, adopted by 
the Missouri Air Conservation Commission and effective on October 11, 
1984.
    (ii) Additional material. The State has rescinded rules 10 CSR 10-
2.170, 3.110, 4.160, and 5.260, all entitled ``Rules for Controlling 
Emission During Periods of High Air Pollution Potential.''
    (55) [Reserved]

[[Page 600]]

    (56) The Missouri Department of Natural Resources submitted the 
Protection of Visibility Plan, 1985, on May 3, 1985.
    (i) Incorporation by reference.
    (A) Amendments to Missouri Rule 10 CSR 10-6.020, Definitions, and 
Rule 10 CSR 10-6.060, Permits Required. These Amendments were adopted by 
the Missouri Air Conservation Commission and became effective on May 11, 
1985.
    (ii) Additional material.
    (A) Narrative description of visibility new source review program 
for Class I areas in Missouri.
    (B) Visibility monitoring plan for Class I areas in Missouri.
    (57) On July 1, 1985, the Missouri Department of Natural Resources 
submitted amendments to Rules 10 CSR 10-5.220 for the St. Louis 
Metropolitan Area, and 10 CSR 10-2.260 for the Kansas City Metropolitan 
Area. The amendments require bulk gasoline plants to be equipped with a 
vapor recovery system if their monthly throughput is greater than the 
exemption level.
    (i) Incorporation by reference.
    (A) 10 CSR 10-5.220, and 10 CSR 10-2.260, Control of Emissions from 
Petroleum Liquid Storage, Loading, and Transfer, as published in the 
Missouri Register on May 1, 1985.
    (58) A plan revision demonstrating that the ozone standard will be 
attained in the St. Louis ozone nonattainment area by December 31, 1987, 
was submitted by the Department of Natural Resources on August 1, 1985.
    (i) Incorporation by reference.
    (A) An agreement and variance modification order dated July 18, 
1985, signed by the Missouri Air Conservation Commission and the General 
Motors (GM) Corporation requiring that the GM St. Louis assembly plant 
meet interim emission limitations and comply with the SIP by shutdown by 
December 31, 1987.
    (ii) Additional material.
    (A) A revised and corrected emission inventory for base year 1980.
    (B) A revised projected year 1987 inventory demonstrating that the 
additional emission reductions from two new regulations and one plant 
shutdown, in addition to reductions already required, will be adequate 
to reduce ambient ozone concentrations to the National Ambient Air 
Quality Standard for ozone.
    (59) A new rule, Control of Emissions from the Production of Maleic 
Anhydride, was submitted by the Department of Natural Resources on 
January 21, 1986.
    (i) Incorporation by reference.
    (A) 10 CSR 10-5.400, Control of Emissions from the Production of 
Maleic Anhydride, adopted by the Missouri Air Conservation Commission 
and effective on October 26, 1985.
    (60) A plan revision to correct motor vehicle inspection and 
maintenance testing deficiencies was submitted by the Department of 
Natural Resources on December 29, 1987.
    (i) Incorporation by reference. (A) Regulations 11 CSR 50-2.370 and 
11 CSR 50-2.400, effective June 25, 1987.
    (61) On June 9, 1986, the state of Missouri submitted an amendment 
to Rule 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading, 
and Transfer. This amendment requires the control of volatile organic 
compound emissions from the refueling of motor vehicles in the St. Louis 
Metropolitan Area.
    (i) Incorporation by reference.
    (A) 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading, 
and Transfer, revised paragraphs 4, 5, 6, 7, 8, and 9, published in the 
Missouri Register on May 1, 1985.
    (62) A new rule, Control of Equipment Leaks from Synthetic Organic 
Chemical and Polymer Manufacturing Plants, was submitted by the 
Department of Natural Resources on November 19, 1986.
    (i) Incorporation by reference, 10 CSR 10-5.420, Control of 
Equipment Leaks from Synthetic Organic Chemical and Polymer 
Manufacturing Plants, effective on September 26, 1986.
    (63) An amendment to the rule, Restriction of Emissions of Sulfur 
Compounds, was submitted by the Department of Natural Resources on 
November 19, 1986.
    (i) Incorporation by reference.
    (A) Amended Regulation 10 CSR 10-3.100, Restriction of Emission of 
Sulfur Compounds adopted October 16, 1986, and effective on November 28, 
1986.
    (64) A variance from Missouri Rule 10 CSR 10-3.050, Restriction of 
Emission

[[Page 601]]

of Particulate Matter from Industrial Processes, for the St. Joe 
Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by the 
Missouri Department of Natural Resources on October 22, 1987.
    (i) Incorporation by reference.
    (A) Variance order modification dated May 21, 1987, issued to St. 
Joe Minerals Corporation allowing certain equipment at its Pea Ridge 
Iron Ore facility to operate beyond the limitations specified in Rule 10 
CSR 10-3.050, Restriction of emissions of Particulate Matter from 
Industrial Processes, for outstate Missouri area, effective May 21, 
1987.
    (65) Revised regulations for the control of volatile organic 
compound emissions in the Kansas City area were submitted by the 
Missouri Department of Natural Resources on May 21, 1986, and December 
18, 1987. The May 21, 1986, submittal also included anozone attainment 
demonstration for Kansas City, which will be addressed in a future 
action.
    (i) Incorporation by reference. (A) Revision to Rule 10 CSR 10-
2.260, Control of Emissions from Petroleum Liquid Storage, Loading, and 
Transfer, effective May 29, 1986, with amendments effective December 24, 
1987.
    (B) New Rule 10 CSR 10-2.300, Control of Emissions from the 
Manufacturing of Paints, Varnishes, Lacquers, Enamels, and Other Allied 
Surface Coating Products, effective December 12, 1987.
    (C) New Rules 10 CSR 10-2.310, Control of Emissions from the 
Application of Automotive Underbody Deadeners, and 10 CSR 10-2.320, 
Control of Emissions from Production of Pesticides and Herbicides, 
effective November 23, 1987.
    (D) Rescinded Rules 10 CSR 10-2.240, Control of Emissions of 
Volatile Organic Compounds from Petroleum Refinery Equipment, and 10 CSR 
10-2.250, Control of Volatile Leaks from Petroleum Refinery Equipment, 
effective November 23, 1987.
    (E) Revision to Rule 10 CSR 10-6.030, Sampling Methods for Air 
Pollution Sources, effective November 23, 1987, with amendments 
effective December 24, 1987.
    (F) Revision to Rule 10 CSR 10-2.210, Control of Emissions from 
Solvent Metal Cleaning, effective December 12, 1987.
    (G) Revisions to Rules 10 CSR 10-2.290, Control of Emissions from 
Rotogravure and Flexographic Printing Facilities, and 10 CSR 10-6.020, 
Definitions, effective December 24, 1987.
    (66) The Missouri Department of Natural Resources submitted 
revisions to its state implementation plan to incorporate PM10 on 
March 29, 1988, May 12, 1988, and June 15, 1988.
    (i) Incorporation by reference.
    (A) Revisions to the following Missouri air pollution rules:
10 CSR 10-6.010  Ambient Air Quality Standards
10 CSR 10-6.020  Definitions
10 CSR 10-6.040  Reference Methods
10 CSR 10-6.060  Permits Required
10 CSR 10-6.130  Controlling Emissions During Episodes of High Air 
Pollution Potential
    These rules were published in the Missouri Register on April 18, 
1988, and became effective April 28, 1988.
    (ii) Additional material.
    (A) A revision to the Missouri Monitoring Plan was submitted March 
29, 1988.
    (B) A narrative description of the PM10 SIP for the state of 
Missouri was submitted June 15, 1988.
    (67) Plan revisions were submitted by the Missouri Department of 
Natural Resources on August 18, 1986, and October 18, 1988, which 
implement EPA's July 8, 1985, revised stack height requirements.
    (i) Incorporation by reference.
    (A) Revisions to rules 10 C.S.R. 10-6.020, Definitions, and 10 CSR 
10-6.060, Permits Required, effective May 11, 1986.
    (B) New rule 10 C.S.R. 10-6.140, Restriction of Emissions Credit for 
Reduced Pollutant Concentrations from the Use of Dispersion Techniques, 
effective May 11, 1986.
    (C) Revisions to rule 10 CSR 10-6.020, Definitions, effective August 
25, 1988.
    (68) Revised regulations applicable to air quality models were 
submitted by the Missouri Department of Natural Resources on October 18, 
1988.
    (i) Incorporation by reference.
    (A) Revision of rule 10 CSR 10-6.060 ``Permits Required,'' effective 
on September 29, 1988.

[[Page 602]]

    (69) A plan revision to change the construction permit fees was 
submitted by the Department of Natural Resources on January 24, 1989, 
and September 27, 1989.
    (i) Incorporation by reference.
    (A) Revision to 10 CSR 10-6.060, Permits Required, amended December 
19, 1988, effective January 1, 1989.
    (ii) Additional material.
    (A) Chapter 643 RSMo (House Bill Number 1187) passed by the General 
Assembly of the state of Missouri in 1988.
    (70) The Missouri Department of Natural Resources submitted 
amendments to Rule 10 CSR 10-2.230 on December 18, 1987, and December 
19, 1988. The rule controls volatile organic compound emissions from 
industrial surface coating facilities in the Kansas City area.
    (i) Incorporation by reference. (A) Revision to Rule 10 CSR 10-
2.230, Control of Emissions from Industrial Surface Coating Operations, 
effective December 24, 1987, with amendments effective November 24, 
1988.
    (71) Revisions to regulations for controlling volatile organic 
compound emissions in the St. Louis area were submitted by the Missouri 
Department of Natural Resources on June 14, 1985; November 19, 1986; and 
March 30, 1989.
    (i) Incorporation by reference. (A) New Rule 10 CSR 10-5.410, 
Control of Emissions from the Manufacture of Polystyrene Resin, 
effective May 11, 1985, with amendments effective September 26, 1986, 
and March 11, 1989.
    (B) Revisions to Rules 10 CSR 10-5.220, Control of Petroleum Liquid 
Storage, Loading and Transfer; 10 CSR 10-5.300, Control of Emissions 
from Solvent Metal Cleaning; 10 CSR 10-5.310, Liquefied Cutback Asphalt 
Paving Restricted; 10 CSR 10-5.320, Control of Emissions from 
Perchloroethylene Dry Cleaning Installations; 10 CSR 10-5.340, Control 
of Emissions from Rotogravure and Flexographic Printing Facilities; 10 
CSR 10-5.350, Control of Emissions of Synthesized Pharmaceutical 
Products; 10 CSR 10-5.360, Control of Emissions from Polyethylene Bag 
Sealing Operations; 10 CSR 10-5.370, Control of Emissions from the 
Application of Deadeners and Adhesives; 10 CSR 10-5.390, Control of 
Emissions from the Manufacturing of Paints, Varnishes, Lacquers, 
Enamels, and Other Allied Surface Coating Products; 10 CSR 10-5.420, 
Control of Equipment Leaks from Synthetic Organic Chemical and Polymer 
Manufacturing Plants; and 10 CSR 6.020, Definitions; effective March 11, 
1989.
    (C) Rescinded Rule 10 CSR 10-5.400, Control of Emissions from 
Production of Maleic Anhydride, effective March 11, 1989.
    (72) The Missouri Department of Natural Resources submitted new rule 
10 CSR 10-5.330, Control of Emissions from Industrial Surface Coating 
Operations, and amendments to rule 10 CSR 10-6.020, Definitions, on 
January 11, 1990.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-5.330, Control of Emissions from Industrial 
Surface Coating Operations, effective November 26, 1989.
    (B) Rescinded rule 10 CSR 10-5.330, Control of Emissions from 
Industrial Surface Coating Operations, effective November 26, 1989.
    (C) Revisions to rule 10 CSR 10-6.020, Definitions, effective 
November 26, 1989.
    (73) A rule revision to establish gasoline tank truck certification 
requirements in ozone nonattainment areas was submitted by the 
Department of Natural Resources on July 17, 1990.
    (i) Incorporation by reference.
    (A) Revision to rule 10 CSR 10-2.260 and 10 CSR 10-5.220 both titled 
``Control of Petroleum Liquid Storage, Loading, and Transfer'' effective 
May 24, 1990.
    (74) Revisions to the circumvention plan submitted by the Missouri 
Department of Natural Resources on September 6, 1990.
    (i) Incorporation by reference.
    (A) Rule at 10 CSR 10-6.150, Circumvention, effective November 30, 
1990.
    (B) Rescission of rules 10 CSR 10-2.140, Circumvention; CSR 10-
4.130, Circumvention; and 10 CSR 10-5.230, Circumvention, effective 
September 28, 1990.
    (75) Plan revisions were submitted by the Missouri Department of 
Natural Resources on September 25, 1990, which implement EPA's October 
17, 1988, PSD NOx requirements.
    (i) Incorporation by reference

[[Page 603]]

    (A) Revisions to rules 10 CSR 10-6.020 ``Definitions'' and 10 CSR 
10-6.060 ``Permits Required'' were adopted by the Missouri Air 
Conservation Commission on May 14, 1990, and became effective May 24, 
1990.
    (ii) Additional Information
    (A) Letter from the state dated November 30, 1990, pertaining to 
NOx rules and analysis which certifies that the material was 
adopted by the state on May 24, 1990.
    (76) In submittals dated September 6, 1990, and May 8, 1991, the 
Missouri Department of Natural Resources submitted a lead NAAQS 
attainment plan for the Doe Run Herculaneum primary lead smelter. 
Although Missouri rule 10 CSR 10-6.120 contains requirments which apply 
statewide to primary lead smelting operations, EPA takes action on this 
rule only insofar as it pertains to the Doe Run Herculaneum facility. 
Plan revisions to address the other lead smelters in the state are under 
development.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-6.120, Restriction of Emissions of Lead from 
Primary Lead Smelter-Refinery Installations, effective December 29, 
1988, with amendments effective March 14, 1991.
    (B) Consent order, entered into between the Doe Run Company and the 
Missouri Department of Natural Resources, dated March 9, 1990.
    (C) Supplemental consent order, signed by the Doe Run Company on 
July 26, 1990, and by the Missouri Department of Natural Resources on 
August 17, 1990.
    (ii) Additional material.
    (A) Narrative SIP material, submitted on September 9, 1990. This 
submittal includes the emissions inventory and attainment demonstration.
    (B) The Doe Run Herculaneum Work Practice Manual was submitted on 
May 8, 1991. In the May 8, 1991, submittal letter, the state agreed that 
any subsequent changes to the work practice manual would be submitted to 
EPA as SIP revisions.
    (77) Revisions to the state implementation plan for the Kansas City 
metropolitan area were submitted by the Director of the Missouri 
Department of Natural Resources on October 9, 1991. Revisions include a 
maintenance plan which demonstrates continued attainment of the NAAQS 
for ozone through the year 2002. Rule revisions were also submitted on 
October 9, 1991.
    (i) Incorporation by reference.
    (A) Revised regulations 10 CSR 10-6.020, Definitions, and 10 CSR 10-
2.220, Liquefied Cutback Asphalt Paving Restricted, effective August 30, 
1991; and new regulation 10 CSR 10-2.340, Control of Emissions from 
Lithographic Printing Facilities, effective December 9, 1991.
    (ii) Additional material.
    (A) State of Missouri Implementation Plan, Kansas City Metropolitan 
Area Maintenance Provisions, October 1991.
    (78) The Missouri Department of Natural Resources submitted new rule 
10 CSR 10-6.180, Measurement of Emissions of Air Contaminants, on March 
4, 1991.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-6.180 entitled ``Measurement of Emissions of 
Air Contaminants'' published November 19, 1990, effective December 31, 
1990.
    (79) The Missouri Department of Natural Resources submitted an 
amendment on March 19, 1992, to add sampling methods to rule 10 CSR 10-
6.030 ``Sampling Methods for Air Pollution Sources.'' On November 20, 
1991, Missouri submitted administrative amendments to rule 10 CSR 10-
6.030 which renumber and reorganize sections within that rule. Rules 
which reference the renumbered sections of 10 CSR 10-6.030 were also 
administratively amended and submitted.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.030 ``Sampling Methods for Air 
Pollution Sources'' effective September 30, 1991.
    (B) Administrative amendments to the sampling citations in the 
following rules which are affected by the administrative amendments to 
10 CSR 10-6.030: 10 CSR 10-2.210, effective December 12, 1987; 10 CSR 
10-2.230, effective November 24, 1988; 10 CSR 10-2.260, effective May 
24, 1990; 10 CSR 10-2.280, effective May 13, 1982; 10 CSR 10-2.290, 
effective December 24, 1987; 10 CSR 10-2.300, effective December 12, 
1987; 10 CSR 10-2.310, effective November 23,

[[Page 604]]

1987; 10 CSR 10-2.320, effective November 23, 1987; 10 CSR 10-3.160, 
effective December 11, 1987; 10 CSR 10-5.220, effective May 24, 1990; 10 
CSR 10-5.300, effective March 11, 1989; 10 CSR 10-5.320, effective March 
11, 1989; 10 CSR 10-5.330, effective November 26, 1989; 10 CSR 10-5.350, 
effective March 11, 1989; 10 CSR 10-5.360, effective March 11, 1989; 10 
CSR 10-5.370, effective March 11, 1989; 10 CSR 10-5.390, effective March 
11, 1989; 10 CSR 10-5.410, effective March 11, 1989; 10 CSR 10-6.090, 
effective August 13, 1981; and 10 CSR 10-6.120, effective March 14, 
1991.
    (80) On June 28, 1991, the Missouri Department of Natural Resources 
(MDNR) submitted revisions to the Missouri State Implementation Plan 
which pertain to the St. Louis vehicle inspection and maintenance 
program. The Missouri rules contain requirements which apply to both 
safety and emission testing; EPA takes action on these rules only 
insofar as they pertain to emissions testing.
    (i) Incorporation by reference.
    (A) New rules 11 CSR 50-2.401, General Specifications; 11 CSR 50-
2.402, Missouri Analyzer System (MAS) Software Functions; 11 CSR 50-
2.403, MAS Display and Program Requirements; 11 CSR 50-2.405, Vehicle 
Inspection Certificate, Vehicle Inspection Report and Printer Function 
Specifications; 11 CSR 50-2.406, Technical Specifications for the MAS; 
and 11 CSR 50-2.407 Documentation, Logistics and Warranty Requirements; 
(appendix A, B, C), effective June 28, 1990.
    (B) New rule 11 CSR 50-2.404, Test Record Specifications, effective 
September 28, 1990.
    (C) Amended rules 11 CSR 50-2.370 Inspection Station Licensing; 11 
CSR 50-2.410, Vehicles Failing Reinspection; and 11 CSR 50-2.420 
Procedures for Conducting Only Emission Tests; effective December 31, 
1990.
    (D) Rescinded rule 11 CSR 50-2,400, Emission Test Procedures; 
effective December 31, 1990.
    (81) The Missouri Department of Natural Resources submitted a rule 
action rescinding rules 10 CSR 10-2.120, 10 CSR 10-4.110, and 10-5.200, 
Measurement of Emissions of Air Contaminants for the Kansas City 
Metropolitan Area, Springfield-Greene County Area, and the St. Louis 
Metropolitan Area, respectively, on July 9, 1992.
    (i) Incorporation by reference.
    (A) Rescission of rules 10 CSR 10-2.120, 10 CSR 10-4.110, and 10 CSR 
10-5.200 entitled ``Measurement of Emissions of Air Contaminants'' 
rescinded April 9, 1992.
    (82) Revisions to the Missouri State Implementation Plan 
establishing a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program were submitted by the 
Director of the Missouri Department of Natural Resources on March 10, 
1993.
    (i) Incorporation by reference.
    (A) Small Business Stationary Source Technical and Environmental 
Compliance Program dated November 1992 and adopted February 18, 1993.
    (83) A revision to the Missouri State Implementation Plan (SIP) to 
incorporate the lead nonattainment areas into the existing new source 
review (NSR) program was submitted by the state on March 15, 1993. This 
revision changes the applicability requirements by changing the 
definition of nonattainment area in the state regulations to include 
lead nonattainment areas, and to delete the Kansas City area as a 
nonattainment area in light of its attainment of the ozone standard.
    (i) Incorporation by reference.
    (A) Revision to rule 10 C.S.R. 10-6.020, definitions, effective 
February 26, 1993.
    (84) The Missouri Department of Natural Resources submitted rule 
revisions pertaining to rotogravure and flexographic printing facilities 
in Kansas City, Missouri, and St. Louis, Missouri; and an amendment to 
the sampling methods rule which adds a compliance test method for the 
capture efficiency of air pollution control devices. These amendments 
were submitted September 16 and September 23, 1992.
    (i) Incorporation by reference.
    (A) Revised regulations 10 CSR 10-2.290 (except section (6), 
Compliance Dates) and 10 CSR 10-5.340 (except section (6), Compliance 
Dates), both entitled Control of Emissions from Rotogravure and 
Flexographic Printing Facilities, effective February 6, 1992.

[[Page 605]]

    (B) Revised regulation 10 CSR 10-6.030 (section (20)), effective 
April 9, 1992.
    (85)  [Reserved]
    (86) A revision to the Missouri SIP to revise the Missouri part D 
NSR rules, update and add numerous definitions, revise the maximum 
allowable increase for particulate matter under the requirements for PSD 
of air quality, address emission statements under Title I of the CAA, 
and generally enhance the SIP.
    (i) Incorporation by reference.
    (A) Revision to rules 10 CSR 10-6.020, Definitions and Common 
Reference Tables, effective August 30, 1995; 10 CSR 10-6.060, 
Construction Permits Required, effective August 30, 1995; 10 CSR 10-
6.110, Submission of Emission Data, Emission Fees, and Process 
Information, effective May 9, 1994; and 10 CSR 10-6.210, Confidential 
Information, effective May 9, 1994.
    (ii) Additional material. None.
    (87) In submittals dated July 2, 1993; June 30, 1994; and November 
23, 1994, MDNR submitted an SIP to satisfy Federal requirements for an 
approvable nonattainment area lead SIP for the Doe Run primary smelter 
in Herculaneum, Missouri. Although Missouri rule 10 CSR 10-6.120 
contains requirements which apply statewide to primary lead smelting 
operations, EPA takes action on this rule only insofar as it pertains to 
the Doe Run Herculaneum facility. Plan revisions to address the other 
lead smelters in the state are under development.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.120 (section (1), section (2)(B), 
section (3)) entitled Restriction of Emissions of Lead From Primary Lead 
Smelter-Refinery Installations, effective August 28, 1994.
    (B) Consent Order, entered into between the Doe Run Company and 
MDNR, dated July 2, 1993.
    (C) Consent Order amendment, signed by the Doe Run Company on March 
31, 1994, and by MDNR on April 28, 1994.
    (D) Consent Order amendment, signed by the Doe Run Company on 
September 6, 1994, and by MDNR on November 23, 1994.
    (ii) Additional material.
    (A) Revisions to the Doe Run Herculaneum Work Practice Manual 
submitted on July 2, 1993.
    (B) Revisions to the Doe Run Herculaneum Work Practice Manual 
submitted on June 30, 1994.
    (88) This revision submitted by the Missouri Department of Natural 
Resources on March 31, 1994, relates to intermediate sources, and the 
EPA is not approving the basic operating permit program. This revision 
establishes a mechanism for creating federally enforceable limitations. 
Emission limitations and related provisions which are established in 
Missouri operating permits as federally enforceable conditions shall be 
enforceable by EPA. EPA reserves the right to deem permit conditions not 
federally enforceable. Such a determination will be made according to 
appropriate procedures and be based upon the permit, permit approval 
procedures, or permit requirements which do not conform with the 
operating permit program requirements or the requirements of EPA's 
underlying regulations.
    (i) Incorporation by reference.
    (A) 10 C.S.R. 10-6.065 (sections 1, 2, 3, 4(C)-(P), 5, and 7) 
Operating Permits, effective May 9, 1994.
    (ii) Additional material.
    (A) Letter from Missouri to EPA Region VII dated November 7, 1994, 
regarding how Missouri intends to satisfy the requirements set forth in 
the Clean Air Act Amendments at sections 112(l)(5)(A), (B), and (C).
    (B) Two letters from Missouri to EPA Region VII dated October 3, 
1994, and February 10, 1995, supplementing the November 7, 1994, letter 
and clarifying that Missouri does have adequate authority to limit 
potential-to-emit of hazardous air pollutants through the state 
operating permit program.
    (89) In submittals dated July 2, 1993; June 30, 1994; and November 
23, 1994, the Missouri Department of Natural Resources (MDNR) submitted 
a State Implementation Plan (SIP) to satisfy Federal requirements for an 
approvable nonattainment area lead SIP for the Doe Run primary and 
secondary smelter near Bixby, Missouri (Doe Run-Buick). Although 
Missouri rule 10 CSR 10-6.120 contains requirements which

[[Page 606]]

apply statewide to primary lead smelting operations, EPA takes action on 
this rule insofar as it pertains to the Doe Run-Buick facility. Plan 
revisions to address the other lead smelters in the state are under 
development.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.120 (section (2)(C), section (4)) 
entitled Restriction of Emissions of Lead from Primary Smelter-Refinery 
Installations, effective August 28, 1994.
    (B) Consent Order, entered into between the Doe Run Company and 
MDNR, dated July 2, 1993.
    (C) Consent Order amendment, signed by the Doe Run Company on August 
30, 1994, and by MDNR on November 23, 1994.
    (ii) Additional material.
    (A) The Doe Run-Buick Work Practice Manual submitted on July 2, 
1993. EPA approves the Work Practice manual with the understanding that 
any subsequent changes to the Work Practice Manual will be submitted as 
SIP revisions.
    (B) Revisions to the Doe Run-Buick Work Practice Manual submitted on 
June 30, 1994.
    (90)-(91)  [Reserved]
    (92) On February 14, 1995, the Missouri Department of Natural 
Resources submitted two new rules which pertain to transportation 
conformity in Kansas City and St. Louis.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-2.390 (except section (20) Criteria and 
Procedures: Interim Period Reductions in Ozone Areas (TIP)) and 10 CSR 
10-5.480 (except section (22) Criteria and Procedures: Interim Period 
Reductions in Ozone Areas (TIP)), both entitled Conformity to State 
Implementation Plans of Transportation Plans, Programs, and Projects 
Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal 
Transit Act, effective May 28, 1995.
    (ii) Additional material.
    (A) Missouri's Air Pollution Control Plan, St. Louis Metropolitan 
Area Ozone and Carbon Monoxide Transportation Conformity, January 12, 
1995.
    (B) Missouri's Air Pollution Control Plan, Kansas City Metropolitan 
Area Ozone Transportation Conformity, January 12, 1995.
    (C) Policy agreement, entered into between the Missouri Department 
of Natural Resources, the Mid-America Regional Council, and the Highway 
and Transportation Commission of the state of Missouri, dated August 31, 
1993.
    (D) Letter from the state of Missouri to EPA, dated December 7, 
1995, in which the state commits to implementing its state rule 
consistent with the Federal Transportation Conformity rule, as amended 
on August 29, 1995, with regards to the granting of an NOx waiver 
and the NOx conformity requirements.
    (93) On February 14, 1995, the Missouri Department of Natural 
Resources (MDNR) submitted a new rule which pertains to general 
conformity.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-6.300, entitled Conformity of General Federal 
Actions to State Implementation Plans, effective May 28, 1995.
    (94) On April 12, 1995, the Missouri Department of Natural Resources 
submitted an emissions inventory update to the Kansas City maintenance 
plan approved by EPA on June 23, 1992. The submittal also establishes a 
motor vehicle emissions budget for the purpose of fulfilling the 
requirements of the Federal Transportation Conformity rule.
    (i) Incorporation by reference.
    (A) Kansas City Ozone Maintenance SIP Revisions: Emission 
Inventories and Motor Vehicle Emissions Budgets, adopted by the Missouri 
Air Conservation Commission on March 30, 1995.

[37 FR 10875, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1320, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.1321   Classification of regions.

    The Missouri plans were evaluated on the basis of the following 
classifications:

[[Page 607]]



----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant                        
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants   
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Kansas City Interstate..................           I        III       III         I             I  
Southwest Missouri Intrastate........................           I        III       III       III           III  
Southeast Missouri Intrastate........................         III        III       III       III           III  
Northern Missouri Intrastate.........................          II        III       III       III           III  
Metropolitan St. Louis Interstate....................           I          I       III         I             I  
----------------------------------------------------------------------------------------------------------------

[37 FR 10875, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]
Sec. 52.1322  [Reserved]



Sec. 52.1323  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Missouri's plans for the attainment and  maintenance  of  the  
national standards. Continued satisfaction of the requirements of Part D 
for the ozone portion of the SIP depends on the adoption and submittal 
of RACT requirements by July 1, 1980, for the sources covered by CTGs 
issued between January 1978 and January 1979 and adoption and submittal 
by each successive January of Additional RACT requirements for sources 
covered by CTGs issued the previous January. New source review permits 
issued pursuant to section 173 of the Clean Air Act will not be deemed 
valid by EPA unless the provisions of Section V of the emission offset 
interpretive rule published on January 16, 1979 (44 FR 3274) are met.
    (b) The Administrator approves Rule 10 CSR 10-2.290 as identified 
under Sec. 52.1320, paragraph (c)(65), with the understanding that any 
alternative compliance plans issued under this rule must be approved by 
EPA as individual SIP revisions. In the absence of such approval, the 
enforceable requirements of the SIP would be the reduction requirements 
stated in the rule.
    (c) The Administrator approves Rule 10 CSR 10-2.230 as identified 
under Sec. 52.1320, paragraph (c)(70), with the understanding that any 
alternative compliance plans issued under this rule must be approved by 
EPA as individual SIP revisions. In the absence of such approval, the 
enforceable requirements of the SIP would be the emission limits stated 
in the rule.
    (d) The Administrator approves Rule 10 CSR 10-5.340 as identified 
under Sec. 52.1320, paragraph (c)(71), with the understanding that any 
alternative compliance plans issued under this rule must be approved as 
individual SIP revisions. In the absence of such approval, the 
enforceable requirements of the SIP would be the reduction requirements 
stated in the rule.
    (e) The Administrator approves Rule 10 CSR 10-5.330 as identified 
under Sec. 52.1320, paragraph (c)(72), under the following terms, to 
which the state of Missouri has agreed: Subsections (5)(B)3 and (7)(B) 
of the rule contain provisions whereby the director of the Missouri Air 
Pollution Control Program has discretion to establish compliance 
determination procedures and equivalent alternative emission limits for 
individual sources. Any such director discretion determinations under 
this rule must be submitted to EPA for approval as individual SIP 
revisions. In the absence of EPA approval, the enforceable requirements 
of the SIP are the applicable emission limit(s) in subsection (4)(B) and 
the compliance determination provisions stated in subsection(5)(B)1 or 
(5)(B)2.
    (f) The Administrator approves Rule 10 CSR 10-6.120 as identified 
under Sec. 52.1320(c)(76), under the following terms, to which the state 
of Missouri has agreed. Subparagraph (2)(B)2.B.(IV) contains a provision 
whereby the Director of the Missouri Department of Natural Resources has 
discretion to approve revisions to the Doe Run Herculaneum work practice 
manual. Any revisions to the work practice manual, pursuant to this 
rule, must be submitted to EPA for approval as an individual SIP 
revision. Thus, any existing federally approved work practices remain in 
effect, until such time

[[Page 608]]

that subsequent revisions are submitted to EPA and approved as SIP 
revisions.
    (g) The Missouri portion of the Kansas City metropolitan area was 
designated as nonattainment for ozone in 40 CFR part 81. Therefore, the 
Administrator approves continuation of the 7.8 RVP limit as federally 
enforceable in the Kansas City metropolitan area, even after the area is 
redesignated to attainment, because of its nonattainment designation 
effective January 6, 1992. Also, the requirement for 7.8 psi RVP 
volatility is deemed necessary to ensure attainment and maintenance of 
the ozone standard as demonstrated by the emissions inventory 
projections (based on use of 7.8 psi RVP) in Missouri's ozone 
maintenance plan for the Kansas City metropolitan area.
    (h) The state of Missouri commits to revise 10 CSR 6.300 to remove 
language in paragraphs (3)(C)4. and (9)(B) which is more stringent than 
the language in the Federal General Conformity rule. In a letter to Mr. 
Dennis Grams, Regional Administrator, EPA, dated December 7, 1995, Mr. 
David Shorr, Director, MDNR, stated:

    We commit to initiating a change in the wording in the above 
paragraphs [paragraphs (3)(C)4. and (9)(B)] of Missouri rule 10 CSR 10-
6.300, and to submit the change to EPA within one year from the date of 
this letter [December 7, 1995]. We intend that the change will give our 
rule the same stringency as the General Conformity Rule.

    (i) Emission limitations and related provisions which are 
established in Missouri's operation permits as federally enforceable 
conditions shall be enforceable by EPA. EPA reserves the right to deem 
permit conditions not federally enforceable. Such a determination will 
be made according to appropriate procedures, and be based upon the 
permit, permit approval procedures, or permit requirements which do not 
conform with the operating permit program requirements or the 
requirements of EPA's underlying regulations.

[37 FR 10876, May 31, 1972, as amended at 45 FR 24153, Apr. 9, 1980; 45 
FR 30630, May 9, 1980; 49 FR 29221, July 19, 1984; 51 FR 31330, Sept. 3, 
1986; 51 FR 36012, Oct. 8, 1986; 55 FR 7713, Mar. 5, 1990; 55 FR 46206, 
Nov. 2, 1990; 57 FR 8077, Mar. 6, 1992; 57 FR 27942, June 23, 1992; 60 
FR 22277, May 5, 1995; 60 FR 49343, Sept. 25, 1995; 61 FR 9644, Mar. 11, 
1996]
Sec. 52.1324  [Reserved]



Sec. 52.1325   Legal authority.

    (a) [Reserved]
    (b) The requirements of Sec. 51.232(b) of this chapter are not met 
since the following deficiencies exist in local legal authority.
    (1) St. Louis County Division of Air Pollution Control:
    (i) Authority to require recordkeeping is lacking (Sec. 51.230(e) of 
this chapter).
    (ii) Authority to make emission data available to the public is 
inadequate because section 612.350, St. Louis County Air Pollution 
Control Code, requires confidential treatment in certain circumstances 
if the data concern secret processes (Sec. 51.230(f) of this chapter).
    (2) St. Louis City Division of Air Pollution Control:
    (i) Authority to require recordkeeping is lacking (Sec. 51.230(e) of 
this chapter).
    (ii) Authority to require reports on the nature and amounts of 
emissions from stationary sources is lacking (Sec. 51.230(e) of this 
chapter).
    (iii) Authority to require installation, maintenance, and use of 
emission monitoring devices is lacking. Authority to make emission data 
available to the public is inadequate because Section 39 of Ordinance 
54699 requires confidential treatment in certain circumstances if the 
data relate to production or sales figures or to processes or production 
unique to the owner or operator or would tend to affect adversely the 
competitive position of the owner or operator (Sec. 51.230(f) of this 
chapter).

[[Page 609]]

    (3) Kansas City Health Department:
    (i) Authority to require recordkeeping is lacking (Sec. 51.230(e) of 
this chapter).
    (4) Independence Health Department:
    (i) Authority to require recordkeeping is lacking (Sec. 51.230(e) of 
this chapter).
    (ii) Authority to make emission data available to the public is 
lacking since section 11.161 of the code of the city of Independence 
requires confidential treatment in certain circumstances if the data 
relate to secret processes or trade secrets affecting methods or results 
of manufacture (Sec. 51.230(f) of this chapter).
    (5) Springfield Department of Health:
    (i) Authority to abate emissions on an emergency basis is lacking 
(Sec. 51.230(c) of this chapter).
    (ii) Authority to require recordkeeping is lacking (Sec. 51.230(e) 
of this chapter).
    (iii) Authority to make emission data available to the public is 
inadequate because section 2A-42 of the Springfield City Code requires 
confidential treatment of such data in certain circumstances 
(Sec. 51.230(f) of this chapter).
    (c) The provisions of Sec. 51.230(d) of this chapter are not met 
since statutory, authority to prevent construction, modification, or 
operation of a facility, building, structure, or installation, or 
combination thereof, which indirectly results or may result in emissions 
of any air pollutant at any location which will prevent the maintenance 
of a national air quality standard is not adequate.

[37 FR 23090, Oct. 28, 1972, as amended at 39 FR 7282, Feb. 25, 1974; 51 
FR 13001, Apr. 17, 1986; 51 FR 40676, Nov. 7, 1986; 52 FR 24367, June 
30, 1987]
Secs. 52.1326--52.1334  [Reserved]



Sec. 52.1335  Compliance schedules.

    (a) The compliance schedule for the source identified below is 
approved as a revision to the plan pursuant to Sec. 51.104 and subpart N 
of this chapter. All regulations cited are air pollution control 
regulations of the State, unless otherwise noted.

                                                                        Missouri                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved        Adopted date          Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot Knob Pelleting Co............  Pilot Knob, MO........  V(10 CSR 10-3.050)....  Oct. 19, 1977........  Immediately..........  Dec. 31, 1982.       
Union Electric Labadie power plant.  Labadie, MO...........  10 CSR 10-5.090 and 10  June 20, 1979........  July 20, 1979........  Mar. 1, 1984.        
                                                              CSR 10-5.030.                                                                             
St. Joe Minerals Corp., Pea Ridge    Washington County, MO.  10 CSR 10-3,050.......  Mar. 23, 1983........  Mar. 23, 1983........  Dec. 31, 1988.       
 Iron Ore Facility.                                                                                                                                     
St. Joe Minerals Corp., Pea Ridge    ......do..............  ......do..............  Apr. 22, 1981........  Dec. 28, 1981........  July 1, 1985.        
 Iron Ore Facility.                                                                                                                                     
Associated Electric Cooperative,     Randolph County, MO...  10 CSR 10-3.060 and 10  June 17, 1981........  Jan. 12, 1982........  June 1, 1984.        
 Inc., Thomas Hill Power Plant--                              CSR 10-3.080.                                                                             
 Unit 1.                                                                                                                                                
American Oil Co. (AMOCO)...........  Sugar Creek, MO.......  10 CSR 10-2.260.......  Feb. 18, 1981........  Oct. 1, 1981.........  June 1, 1982.        
St. Joe Lead Co....................  Herculaneum, MO.......  Sec.  203.050.1(5)      Aug. 15, 1980........  Immediately..........  Oct. 27, 1984.       
                                                              RSM01978.                                                                                 
AMAX Lead Co.......................  Boss, MO..............  ......do..............  ......do.............  ......do.............  Apr. 27, 1985.       
                                                                                                                                                        
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                Source                          Location           Regulation involved         Date adopted     
----------------------------------------------------------------------------------------------------------------
Columbia Water & Light Department.....  Columbia...............  S-VI...................  Apr. 25, 1973.        
Union Electric: Electric generating     Labadie................  X......................  Mar. 28, 1974.        
 facility.                                                                                                      

[[Page 610]]

                                                                                                                
    Do................................  Portage des Sioux......  X......................  July 25, 1974.        
International Multifoods Corp.:         North Kansas City......  (\1\)..................  Aug. 31, 1976.        
 Mechanical sifters.                                                                                            
Meremac Mining Co., furnace and cooler  Pea Ridge..............  II (10 CSR 10-3.050)...  Feb. 23, 1977.        
 Nos. 1 through 5.                                                                                              
Empire District Electric Co., Power     Asbury Joplin..........  III (10 CSR 10-3.060) V  Apr. 27, 1977.        
 Plant.                                                           (10 CSR 10-3.080).                            
Missouri Portland Cement Co., clinker   Sugar Creek............  II (10 CSR 10-2.030) V   June 22, 1977.        
 cooler No. 1.                                                    (10 CSR 10-2.060).                            
Missouri Public Service Co., Sibley     Sibley.................  III (10 CSR 10-2.040)..  June 26, 1977.        
 powerplant, unit Nos. 1, 2, and 3.                                                                             
Tamko Asphalt Products, Inc., asphalt   Joplin.................  V (10 CSR 10-3.080)....  July 26, 1977.        
 saturating line.                                                                                               
University of Missouri power plant....  Columbia...............  10 CSR 10-3.060........  Feb. 21, 1979.        
Noranda Aluminum, Inc.................  New Madrid.............  10 CSR 10-3.050........  Feb. 23, 1977.        
Associated Electric Cooperative, Inc.,  ......do...............  110 CSR 10-3.060.......  Apr. 18, 1979.        
 Units 1 and 2.                                                                                                 
----------------------------------------------------------------------------------------------------------------
\1\Regulation IV, air pollution control regulations for Kansas City metropolitan area.                          
                                                                                                                
Note: X=Air Pollution Control Regulations for the St. Louis Metropolitan Area.                                  

[39 FR 30835, Aug. 26, 1974]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1335, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.
Secs. 52.1336--52.1338  [Reserved]



Sec. 52.1339  Visibility protection.

    (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) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated into the applicable plan for the State of Missouri.

[52 FR 45138, Nov. 24, 1987]



                           Subpart BB--Montana



Sec. 52.1370   Identification of plan.

    (a) Title of plan: ``Implementation Plan for Control of Air 
Pollution in Montana.''
    (b) The plan was officially submitted on March 22, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Non-regulatory changes to the plan involving compliance 
schedules, emergency episodes, and air quality surveillance submitted 
May 10, 1972, by the State Department of Health.
    (2) Plan revisions (Regulation 90-001, Part VI, Part VIII, Part XII) 
submitted June 26, 1972, by the Governor.
    (3) The Governor submitted the Air Quality Maintenance Area 
identification to the Administrator on June 24, 1974.
    (4) The Governor submitted revision to the Air Quality Maintenance 
Areas on January 25, 1975.
    (5) Sulfur oxides control strategy and compliance schedule for the 
American Smelting and Refining Company submitted May 21, 1975, by the 
Governor.
    (6) Sulfur oxides control strategy for the Billings and Laurel areas 
and schedule of Compliance for the Farmers Union Central Exchange 
(CENEX) refinery in Laurel submitted by the Governor on January 26, 
1978.
    (7) On May 5, September 4, and October 1, 1975, the Governor 
submitted revisions which amended regulations applicable to 
incinerators, industrial processes, storage of petroleum products, 
aluminum refineries, and malfunctions.
    (8) On April 24, and October 4, 1979, the Governor submitted 
revisions for Anaconda, East Helena, and Laurel--SO2; Billings, 
Butte, Columbia Falls,

[[Page 611]]

Colstrip, East Helena, Great Falls, and Missoula--TSP; Billings and 
Missoula--CO; and Yellowstone County--ozone. No action is taken with 
regard to the revised new source review regulation, the revised stack 
height regulation, or the control strategies for East Helena SO2 
and Yellowstone County ozone.
    (9) On February 21, 1980 the Governor submitted a plan revision to 
meet the requirements of Air Quality Monitoring, 40 CFR part 58, subpart 
C, Sec. 58.20.
    (10) On April 24, October 4, 1979, and January 7, 1980, the Governor 
submitted revisions to meet Part D and other sections of the Clean Air 
Act, as amended in l977. No action is taken with regard to the revised 
stack height regulation.
    (11) On April 21, 1982, and April 22, 1982, Montana submitted 
revisions to the open burning regulation and redesignated the Anaconda 
area from nonattainment to attainment for sulfur dioxide (SO2).
    (12) On January 19, 1983, Montana submitted revisions to the State 
Implementation Plan to meet the requirements of Part C, Subpart 1, and 
section 110 of the Clean Air Act.
    (13) On July 20, 1982 Montana submitted revisions which amended the 
State's rules relating to malfunctions.
    (14) Revisions to the SIP for Missoula and Billings Carbon Monoxide 
(CO) and Missoula Total Suspended Particulate (TSP) Attainment Plans 
were submitted by the Governor on August 14, 1981. A revision specifying 
a list of statewide source test procedures was submitted by the Governor 
on September 21, 1981.
    (i) Incorporation by reference.
    (A) Letter from Governor Ted Schwinden to EPA Region VIII Regional 
Administrator dated September 21, 1981, and document entitled ``Montana 
SDHED-AQB Sampling and Analytical Procedures'' as part of the SIP, 
adopted December 31, 1972.
    (B) Missoula City Council Resolution Number 4146 approving 
amendments to Missoula Total Suspended Particulate and Carbon Monoxide 
Air Quality Attainment Plans, adopted on May 4, 1981.
    (C) Missoula Board of County Commissioners Resolution number 81-73 
approving changes in the Missoula TSP and CO State Implementation Plan, 
adopted on May 13, 1981.
    (ii) Additional material.
    (A) ``Missoula SIP Revisions; Revision to Total Suspended 
Particulates Stategies and Strategy Development and Implementation for 
Carbon Monoxide,'' 1981.
    (B) Certification of approval by Montana Board of Health and 
Environmental Sciences on May 28, 1981 of the ``Transportation Control 
Plan'' (July, 1980) prepared by Billings-Yellowstone City-County 
Planning Board.
    (C) Billings-Yellowstone City-County Planning Board ``Transportation 
Control Plan'', July, 1980, approved on May 28, 1981.
    (15) On September 29, 1983, the Governor submitted the Montana State 
Implementation Plan revision for lead.
    (16) A revision to the East Helena nonattainment plan for sulfur 
dioxide (SO2) was submitted on June 7, 1982, and supplemental 
information was submitted October 4, 1983.
    (17) On September 21, 1981 the Governor submitted a permit which had 
been issued to the Western Energy Company as required in the conditional 
approval of the Colstrip TSP plan.
    (18) In a letter dated March 28, 1986, the Governor submitted 
modifications to the Montana SIP which revised rules governing stack 
height and dispersion techniques. In a letter dated November 25, 1985, 
the Chief of the Air Quality Bureau, Montana, submitted the stack height 
demonstration analysis with supplemental information submitted on 
January 28, 1986. EPA is approving the demonstration analysis for all of 
the stacks except the ASARCO stacks.
    (i) Incorporation by reference. (A) Revisions to the Administrative 
Rules of Montana effective on June 13, 1986. The modifications repeal 
Administrative Rules of Montana (ARM 116.8.1201, 116.8.1202 and 
16.8.1203 in Subchapter 12 and adds ARM 16.8.1204 (Definitions), 
16.8.1205 (Requirements), and 16.8.1206 (Exemptions).
    (B) Stack height demonstration analysis submitted by the State on 
November 25, 1985 (except for materials pertaining to ASARCO), and 
January 28, 1986 (except for meterials pertaining to ASARCO and Appendix 
A).

[[Page 612]]

    (19) On August 21, 1985 and September 5, 1989, the Governor of 
Montana submitted revisions to the plan. The submittal revised existing 
Prevention of Significant Deterioration (PSD) regulations.
    (i) Incorporation by reference. (A) Amendments to the Administrative 
Rules of Montana (ARM) 16.8.921 (27), (Definitions), effective April 1, 
1983.
    (B) Amendments to the Administrative Rules of Montana (ARM) 
16.8.921(2), (Definitions), effective September 13, 1985.
    (C) Amendments to the ARM 16.8.921(21) and (27) (Definitions), ARM 
16.8.936 (Exemptions from Review], ARM 1 6.8.937 (Air Quality Models), 
and ARM 16.8.941 (Class I Variances--General), effective June 16, 1989.
    (ii) Additional material. (A) February 29, 1988 letter from Douglas 
Skie, EPA, to Jeffrey Chaffee, Chief of the Montana Air Quality Bureau.
    (B) September 9, 1988 letter from Jeffrey Chaffee, Chief of the 
Montana Air Quality Bureau, to Douglas Skie, EPA.
    (C) December 14, 1988 letter from Douglas Skie, EPA, to Jeffrey 
Chaffee, Chief of the Montana Air Quality Bureau.
    (D) April 28, 1989 letter from Jeffrey Chaffee, Chief of the Montana 
Air Quality Bureau, to Douglas Skie, EPA.
    (20) A revision to the SIP was submitted by the Governor on August 
21, 1985, for visibility monitoring and new source review.
    (i) Incorporation by reference.
    (A) Revision to the Montana SIP was made on July 19, 1985, for 
visibility new source review and monitoring.
    (B) Revision to the Administrative Rules of Montana (ARM) was made 
on July 19, 1985, for visibility which includes new regulations ARM 
16.8.1001-.1008 and revising ARM 16.8.1107(3).
    (21) Revisions to Montana TSP SIP for Butte were submitted by 
Governor Ted Schwinden on February 10, 1983.
    (i) Incorporation by reference.
    (A) State of Montana Air Quality Control, Implementation Plan, 
Chapter 5C, Butte, adopted January 14, 1983.
    (B) Air quality Permit 1749 for Anaconda Minerals Company filed 
March 28, 1983.
    (22) Revisions to the Montana CO SIP for Great Falls were submitted 
by the Governor on March 28, 1986.
    (i) Incorporation by reference.
    (A) Montana Refining Company permit dated October 20, 1985.
    (B) Stipulation in the matter of the Montana Refining Company dated 
December 2, 1985.
    (ii) Additional material. (A) Montana SIP, chapter 5(3)D. Great 
Falls (Date: March 14, 1986).
    (B) Pre-filed testimony by the Department of Health and 
Environmental Services dated February 28, 1986.
    (23) On March 9, 1988, the Governor submitted a plan revising the 
State's Air Quality Modeling Rule (16.8.937) and its Particulate Matter, 
Fuel Burning Equipment Rule (16.8.1402).
    (i) Incorporation by reference. (A) Modification to the State of 
Montana Air Quality Rules, that is the Air Quality Modeling rule 
(16.8.937) and the Particulate Matter, Fuel Burning Equipment rule 
(16.8.1402) adopted on January 15, 1988.
    (24) On July 13, 1990, the Governor of Montana submitted revisions 
to the Montana Air Quality Rules, Sub-chapter 9, Prevention of 
Significant Deterioration of Air Quality (PSD) Regulations, to 
incorporate the nitrogen dioxide (NO2) increments.
    (i) Incorporation by reference. (A) Revisions to the Montana Air 
Quality Rules, Subchapter 9, Prevention of Significant Deterioration of 
Air Quality (PSD) effective on July 12, 1990.
    (ii) Additional material. (A) October 22, 1990 letter from Douglas 
Skie, EPA, to Jeffrey Chaffee, Chief, Montana Air Quality Bureau.
    (B) December 4, 1990 letter from Jeffrey Chaffee, Chief, Montana Air 
Quality Bureau, to Douglas Skie, EPA.
    (C) January 4, 1991 letter from Jeffrey Chaffee, Chief, Montana Air 
Quality Bureau, to Douglas Skie, EPA.
    (D) April 30, 1991 letter from Douglas Skie, EPA, to Jeffrey 
Chaffee, Chief, Montana Air Quality Bureau.
    (25) On August 20, 1991, the Governor of Montana submitted revisions 
to the plan for new source performance standards and national emission 
standards for hazardous air pollutants.
    (i) Incorporation by reference.

[[Page 613]]

    (A) Revisions to the Administrative Rules of Montana 16.8.1423, 
Standards of Performance of New Stationary Sources, and 16.8.1424, 
Emission Standards for Hazardous Air Pollutants, adopted July 1, 1991, 
effective July 12, 1991.
    (ii) Additional material.
    (A) Letter dated April 20, 1992 from Jeffrey T. Chaffee, Chief of 
the Montana Air Quality Bureau, to Doug Skie, Chief of Air Programs 
Branch, EPA Region VIII.
    (26) On April 2, 1992, the Governor of Montana submitted revisions 
to the plan. The revisions included amendments to the Montana Air 
Quality Rules incorporating the July 1, 1991, version of the Montana 
Quality Assurance Manual and streamlining of the procedure for updating 
the Quality Assurance Manual.
    (i) Incorporation by reference.
    (A) Revisions, as adopted March 31, 1992, to the Montana Air Quality 
Rules: 16.8.807 Ambient Air Monitoring, 16.8.809 Methods and Data, and 
the repeal of 16.8.810 Procedures for Reviewing and Revising the Montana 
Quality Assurance Manual.
    (27) On April 25, 1988, the Governor submitted a plan to help assure 
attainment and maintenance of the PM-10 NAAQS throughout the State of 
Montana.
    (i) Incorporation by reference.
    (A) Amendments to the Administrative Rules of Montana (ARM) 16.8.821 
(Ambient Air Quality Standards), and ARM 16.8.701, ARM 16.8.806, and ARM 
16.8.921 (Definitions), effective April 29, 1988.
    (B) Amendments to the ARM, subchapter 9 (Prevention of Significant 
Deterioration): sections 16.8.924, 16.8.925, and 16.8.936, effective 
April 29, 1988; section 16.8.937, effective March 11, 1988; section 
16.8.930, effective April 1, 1988; and sections 16.8.922, 16.8.923, 
16.8.926, 16.8.927, 16.8.928, 16.8.929, 16.8.931, 16.8.932, 16.8.933, 
16.8.934, 16.8.935, 16.8.938, 16.8.939, 16.8.940, 16.8.941, 16.8.942, 
16.8.943, effective January 1, 1983.
    (C) Amendments to the ARM, subchapter 10 (Visibility Impact 
Assessment): section 16.8.1007, effective April 29, 1988; and sections 
16.8.1001, 16.8.1002, 16.8.1003, 16.8.1004, 16.8.1005, 16.8.1006, and 
16.8.1008, effective March 11, 1988; section 16.8.930, effective 
September 13, 1985.
    (D) Amendments to the ARM, subchapter 12 (Stack Heights and 
Dispersion Techniques), sections 16.8.1204, 16.8.1205, and 16.8.1206, 
effective June 13, 1986.
    (E) Amendments to the ARM, subchapter 13 (Open Burning), sections 
16.8.1301, 16.8.1302, 16.8.1303, 16.8.1304, 16.8.1305, 16.8.1306, 
16.8.1307, and 16.8.1308, effective April 16, 1982.
    (F) Amendments to the ARM, subchapter 14 (Emission Standards): 
section 16.8.1401, effective February 16, 1979; section 16.8.1402, 
effective March 11, 1988; section 16.8.1403, effective September 5, 
1975; section 16.8.1404, effective June 13, 1986; section 16.8.1406, 
effective December 29, 1978; section 16.8.1419, effective December 31, 
1972; section 16.8.1423, effective March 11, 1988; and section 
16.8.1428, effective June 13, 1986.
    (G) Amendments to the ARM, Sub-Chapter 16 (Combustion Device Tax 
Credit), sections 16.8.1601 and 16.8.1602, effective December 27, 1985.
    (H) Appendix G-2, Montana Smoke Management Plan, effective April 15, 
1988.
    (28) On August 20, 1991, the Governor of Montana submitted revisions 
to the plan for visibility models, new source performance standards, and 
national emission standards for hazardous air pollutants.
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of Montana 16.8.1004, 
Visibility Models, 16.8.1423, Standards of Performance for New 
Stationary Sources, and 16.8.1424, Emission Standards for Hazardous Air 
Pollutants, effective December 25, 1992.
    (29) The Governor of Montana submitted a portion of the requirements 
for the moderate nonattainment area PM10 State Implementation Plan 
(SIP) for Butte, Montana with a letter dated July 9, 1992, with 
technical corrections dated May 17, 1993. The submittals were made to 
satisfy those moderate PM10 nonattainment area SIP requirements due 
for Butte on November 15, 1991.
    (i) Incorporation by reference.

[[Page 614]]

    (A) Stipulation signed October 8, 1991 between the Montana 
Department of Health and Environmental Sciences and the Butte-Silver Bow 
Council of Commissioners, which delineates responsibilities and 
authorities between the two entities.
    (B) Board order issued on November 15, 1991 by the Montana Board of 
Health and Environmental Sciences approving the Butte-Silver Bow Air 
Pollution Control Program.
    (C) Stipulation between the Montana Department of Health and 
Environmental Sciences (signed September 27, 1991), the Montana 
Department of Transportation (signed October 4, 1991), and the Butte-
Silver Bow Council of Commissioners (signed October 7, 1991) to ensure 
that Butte-Silver Bow and the Montana Department of Transportation 
comply with Butte-Silver Bow Council Resolution No. 1307.
    (D) Butte/Silver Bow Resolution No. 1307, effective March 6, 1991, 
which addresses sanding and chip sealing standards and street sweeping 
and flushing requirements.
    (E) Butte/Silver Bow Ordinance No. 330, effective August 3, 1988, 
which addresses residential wood burning and idling diesel vehicle and 
locomotive requirements.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit #1636A, with a final modification date of October 26, 
1991, for Rhone-Poulenc's elemental phosphorus plant.
    (B) Montana Department of Health and Environmental Sciences Air 
Quality Permit #1749-04, with a final modification date of March 20, 
1992, for Montana Resources, Inc.'s open pit copper and molybdenum mine, 
crushing and milling operation and concentrator.
    (C) Montana Smoke Management Plan, effective April 28, 1988, which 
addresses prescribed burning requirements.
    (D) Federal tailpipe standards, which provide an ongoing benefit due 
to fleet turnover.
    (30) The Governor of Montana submitted a portion of the requirements 
for the moderate nonattainment area PM10 State Implementation Plan 
(SIP) for Missoula, Montana, and the Missoula City-County Air Pollution 
Control Program regulations with letters dated August 20, 1991 and June 
4, 1992. The submittals were made to satisfy those moderate PM10 
nonattainment area SIP requirements due for Missoula on November 15, 
1991.
    (i) Incorporation by reference.
    (A) Stipulation signed April 29, 1991, between the Montana 
Department of Health and Environmental Sciences and the Missoula City-
County Air Pollution Control Board, which delineates responsibilities 
and authorities between the two entities.
    (B) Board order issued on June 28, 1991, by the Montana Board of 
Health and Environmental Sciences approving the comprehensive revised 
version of the Missoula City-County Air Pollution Control Program.
    (C) Board order issued on March 20, 1992, by the Montana Board of 
Health and Environmental Sciences approving the amendments to Missoula 
City-County Air Pollution Control Program Rule 1401, concerning the use 
of approved liquid de-icer, and Rule 1428, concerning pellet stoves.
    (D) Missoula County Rule 1401 (7), effective June 28, 1991, which 
addresses sanding and chip sealing standards and street sweeping and 
flushing requirements.
    (E) Missoula County Rule 1401 (9), effective March 20, 1992, which 
addresses liquid de-icer requirements.
    (F) Missoula County Rule 1428, effective June 28, 1991, with 
revisions to sections (2)(l)-(p), (4)(a)(i), and (4)(c)(vi) of Rule 
1428, effective March 20, 1992, which addresses requirements for solid 
fuel burning devices.
    (G) Missoula County Rule 1310 (3), effective June 28, 1991, which 
addresses prescribed wildland open burning.
    (H) Other Missoula City-County Air Pollution Control Program 
regulations effective June 28, 1991, as follows: Chapter I. Short Title; 
Chapter II. Declaration of Policy and Purpose; Chapter III. Authorities 
for Program; Chapter IV. Administration; Chapter V. Control Board, 
Meetings-Duties-Powers; Chapter VI. Air Quality Staff; Chapter VII. Air 
Pollution Control Advisory Council; Chapter VIII. Inspections; Chapter 
IX., Subchapter 7 General Provisions; Chapter IX., Subchapter 14, 
Emission

[[Page 615]]

Standards, Rules 1401, 1402, 1403, 1404, 1406 (with amendments effective 
March 20, 1992), 1411, 1419, 1425, and 1426; Chapter XI. Enforcement, 
Judicial Review and Hearings; Chapter XII. Criminal Penalties; Chapter 
XIII. Civil Penalties; Chapter XIV. Non-Compliance Penalties; Chapter 
XV. Separability Clause; Chapter XVI. Amendments and Revisions; Chapter 
XVII. Limitations, and Appendix A, Maps.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit 2303-M, with a final modification date of March 20, 
1992, for Louisiana-Pacific Corporation's particle board manufacturing 
facility.
    (B) Montana Department of Health and Environmental Sciences Air 
Quality Permit 2589-M, with a final modification date of January 23, 
1992, for Stone Container Corporation's pulp and paper mill facility.
    (C) Federal tailpipe standards, which provide an ongoing benefit due 
to fleet turnover.
    (31) The Governor of Montana submitted a portion of the requirements 
for the moderate nonattainment area PM10 State Implementation Plan 
(SIP) for Columbia Falls, Montana with letters dated November 25, 1991, 
and May 6, 1992, with technical corrections dated June 15, 1993. The 
submittals were made to satisfy those moderate PM10 nonattainment 
area SIP requirements due for Columbia Falls on November 15, 1991.
    (i) Incorporation by reference.
    (A) Stipulation signed November 15, 1991, between the Montana 
Department of Health and Environmental Sciences, the Flathead County 
Commission, and the Kalispell City Council and the Columbia Falls City 
Council, which delineates responsibilities and authorities between the 
MDHES and Flathead County.
    (B) Board order issued on November 15, 1991, by the Montana Board of 
Health and Environmental Sciences approving the Flathead County Air 
Pollution Control Program.
    (C) Flathead County Board of Commissioners Resolution No. 867, 
adopting the Flathead County Air Pollution Control Program and Flathead 
County Air Pollution Control Regulations, with the exception of rules 
501 through 506, signed October 3, 1991.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit  2667-M, with a final modification date of January 24, 
1992, for Plum Creek Manufacturing, Inc. Columbia Falls Operations.
    (B) Montana Smoke Management Plan, effective April 28, 1988, which 
addresses prescribed burning requirements.
    (C) Federal tailpipe standards, which provide an ongoing benefit due 
to fleet turnover.
    (32) On November 6, 1992, Stan Stephens, the Governor of Montana, 
submitted a SIP revision to the Implementation Plan for the Control of 
Air Pollution. This revision establishes and requires the implementation 
of an oxygenated fuels program in Missoula County as required by section 
211(m) of the Clean Air Act Amendments of 1990.
    (i) Incorporation by reference.
    (A) Missoula City-County Rule 1429, which establishes and requires 
the implementation of an oxygenated fuel program, as adopted June 9, 
1992.
    (ii) Additional materials.
    (A) Letter dated November 6, 1992, from Governor Stan Stephens 
submitting the oxygenated gasoline program SIP revision.
    (B) Stipulation signed June 12, 1991 between the Montana Department 
of Health and Environmental Sciences and the Missoula City-County Air 
Pollution Control Board, which delineates the responsibilities and 
authorities between the two entities.
    (C) Board order issued September 25, 1992 by the Montana Board of 
Health and Environmental Sciences approving amendments to Missoula City-
County Air Pollution Control Program, adopting Rule 1429 establishing 
and implementing an oxygenated fuels program.
    (33) The Governor of Montana submitted a portion of the requirements 
for the moderate nonattainment area PM10 State Implementation Plan 
(SIP) for Libby, Montana with letters dated November 25, 1991 and May 
24, 1993, with technical corrections dated June 3, 1994. The submittals 
were to satisfy those moderate PM10 nonattainment

[[Page 616]]

area SIP requirements due for Libby on November 15, 1991.
    (i) Incorporation by reference.
    (A) Stipulation signed October 7, 1991 between the Montana 
Department of Health and Environmental Sciences (MDHES), the County of 
Lincoln and the City of Libby, which delineates responsibilities and 
authorities between the MDHES, Lincoln County and Libby.
    (B) Board order issued on November 15, 1991 by the Montana Board of 
Health and Environmental Sciences approving the Lincoln County Air 
Pollution Control Program.
    (C) Stipulation signed March 18, 1993 between the Montana Department 
of Health and Environmental Sciences, the County of Lincoln and the City 
of Libby, seeking approval of amendments to the local air pollution 
control program.
    (D) Board order issued on March 19, 1993 by the Montana Board of 
Health and Environmental Sciences approving amendments to the Lincoln 
County Air Pollution Control Program.
    (E) Letter dated February 4, 1993, from Kendra J. Lind, Lincoln 
County Department of Environmental Health, to Gretchen Bennitt, Air 
Quality Bureau, Montana Department of Health and Environmental Sciences, 
which explains the local adoption process and effective date of 
amendments to the Lincoln County Air Quality Control Program 
regulations.
    (F) Lincoln County Board of Commissioners Resolution No. 276, signed 
December, 23, 1992, and Libby City Council Ordinance No. 1470, signed 
February 1, 1993, adopting amendments to the Lincoln County Air Quality 
Control Program regulations 1 through 7.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit #2627-M, with a final modification date of July 25, 1991, 
for Stimson Lumber Company (formerly Champion International 
Corporation), Libby Facility.
    (B) Montana Smoke Management Plan, effective April 28, 1988, which 
addresses prescribed burning requirements.
    (C) Federal tailpipe standards, which provide an ongoing benefit due 
to fleet turnover.
    (34)  [Reserved]
    (35) The Governor of Montana submitted PM10 and CO contingency 
measures for Missoula, Montana in a letter dated March 2, 1994. The 
Governor of Montana also submitted the Missoula City-County Air 
Pollution Control Program in a letter dated August 20, 1991, with 
amendments submitted in letters dated June 4, 1992 and March 2, 1994. 
The March 2, 1994 submittal satisfies several commitments made by the 
State in its original PM10 moderate nonattainment area SIP.
    (i) Incorporation by reference.
    (A) Board order issued on November 19, 1993 by the Montana Board of 
Health and Environmental Sciences approving the amendments to Missoula 
City-County Air Pollution Control Program Chapter VII, VIII, and IX, 
regarding, among other things, the PM10 and CO contingency 
measures, inspections, emergency procedures, permitting, and wood-waste 
burners.
    (B) Missoula City-County Chapter IX, Subchapter 3, effective 
November 19, 1993, which addresses the PM10 and CO contingency 
measure selection process.
    (C) Missoula  City-County  Rule 1401(7), effective November 19, 
1993, which addresses PM10 contingency measure requirements for an 
expanded area of regulated road sanding materials.
    (D) Missoula City-County Rule 1428(5) and 1428(7), effective 
November 19, 1993, which addresses PM10 and CO contingency measure 
requirements for solid fuel burning devices.
    (E) Missoula City-County Air Pollution Control Program Chapter IX, 
Subchapter 13, Open Burning, effective June 28, 1991.
    (F) Other Missoula City-County Air Pollution Control Program 
regulations effective June 28, 1991, with amendments effective on March 
20, 1992 and November 19, 1993, as follows: all portions of Chapter IX, 
Subchapter 11, Permit, Construction and Operation of Air Contaminant 
Sources, except, Rules 1102(3), 1105(2), and 1111(2).
    (G) Other Missoula City-County Air Pollution Control Program 
regulations

[[Page 617]]

effective June 28, 1991, with amendments effective on November 19, 1993, 
as follows: Chapter IX, Subchapter 4, Emergency Procedures and Chapter 
IX, Subchapter 14, Rule 1407, Prevention, Abatement and Control of Air 
Pollution from Wood-Waste Burners.
    (H) Minor revisions to Missoula City-County Air Pollution Control 
Program Chapter VII, Air Quality Advisory Council, and Chapter VIII, 
Inspections, effective on November 19, 1993, as follows: Chapter VII(1) 
and Chapter VIII(4).
    (36) The Governor of Montana submitted PM10 contingency 
measures for Butte, Montana in a letter dated August 26, 1994. This 
submittal also contained revisions to the attainment and maintenance 
demonstrations for the moderate PM10 nonattainment area SIP, due to 
modifications made to the Air Quality Permit for Montana Resources, Inc.
    (i) Incorporation by reference.
    (A) Board order issued on May 20, 1994 by the Montana Board of 
Health and Environmental Sciences approving the amendments to the Butte/
Silver Bow Air Pollution Control Program regarding the PM10 
contingency measure.
    (B) Butte/Silver Bow Ordinance No. 468, effective May 20, 1994, 
which addresses PM10 contingency measure requirements for liquid 
de-icer application.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit #1749-05, as revised with a final modification date of 
January 5, 1994, for Montana Resources, Inc.'s open pit copper and 
molybdenum mine, crushing and milling operation, and concentrator.
    (37) The Governor of Montana submitted a SIP revision meeting the 
requirements for the primary SO2 NAAQS State Implementation Plan 
(SIP) for the East Helena, Montana nonattainment area with a letter 
dated March 30, 1994. The submittal was to satisfy those SO2 
nonattainment area SIP requirements due for East Helena on May 15, 1992.
    (i) Incorporation by reference.
    (A) Stipulation signed March 15, 1994, between the Montana 
Department of Health and Environmental Sciences (MDHES) and Asarco, 
Incorporated, which specifies SO2 emission limitations and 
requirements for the company's primary lead smelter located in East 
Helena, MT.
    (B) Board order issued on March 18, 1994, by the Montana Board of 
Health and Environmental Sciences approving and adopting the control 
strategy for achieving and maintaining the primary SO2 NAAQS in the 
East Helena area.
    (38)  [Reserved]
    (39) On May 17, 1994, the Governor of Montana submitted revisions to 
the Administrative Rules of Montana (ARM) regarding nonattainment new 
source review, prevention of significant deterioration, general 
construction permitting, wood waste burners, source test methods, new 
source performance standards, and national emission standards for 
hazardous air pollutants. Also, the Governor requested that all existing 
State regulations approved in the SIP be replaced with the October 1, 
1979 codification of the ARM as in effect on March 30, 1994. EPA is 
replacing all of the previously approved State regulations, except ARM 
16.8.1302 and 16.8.1307, with those regulations listed in paragraph 
(c)(39)(i)(A) of this section. ARM 16.8.1302 and 16.8.1307, as in effect 
on April 16, 1982 and as approved by EPA at 40 CFR 52.1370(c)(11), will 
remain part of the SIP.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) Sections 16.8.201-202, 
16.8.301-304, and 16.8.401-404, effective 12/31/72; Section 16.8.701, 
effective 12/10/93; Section 16.8.704, effective 2/14/87; Section 
16.8.705, effective 6/18/82; Section 16.8.707, effective 9/13/85; 
Sections 16.8.708-709, effective 12/10/93; Sections 16.8.945-963, 
effective 12/10/93; Sections 16.8.1001-1003, effective 9/13/85; Section 
16.8.1004, effective 12/25/92; Sections 16.8.1005-1006, effective 9/13/
85; Section 16.8.1007, effective 4/29/88; Section 16.8.1008, effective 
9/13/85; Section 16.8.1101, effective 6/16/89; Section 16.8.1102, 
effective 2/14/87; Section 16.8.1103, effective 6/16/89; Section 
16.8.1104, effective 3/16/79; Section 16.8.1105, effective 12/27/91; 
Sections 16.8.1107 and 16.8.1109, effective 12/10/93; Sections 
16.8.1110-1112. effective 3/16/79; Section 16.8.1113, effective 2/14/87; 
Section 16.8.1114, effective 12/10/93; Sections

[[Page 618]]

16.8.1115, 16.8.1117, and 16.8.1118, effective 3/16/79; Sections 
16.8.1119-1120, effective 12/10/93; Sections 16.8.1204-1206, effective 
6/13/86; Sections 16.8.1301 and 16.8.1303, effective 4/16/82; Section 
16.8.1304, effective 9/11/92; Section 16.8.1305, effective 4/16/82; 
Section 16.8.1306, effective 4/1/82; Section 16.8.1308, effective 10/16/
92; Section 16.8.1401, effective 10/29/93; Section 16.8.1402, effective 
3/11/88; Section 16.8.1403, effective 9/5/75; Section 16.8.1404, 
effective 6/13/86; Section 16.8.1406, effective 12/29/78; Section 
16.8.1407, effective 10/29/93; Section 16.8.1411, effective 12/31/72; 
Section 16.8.1412, effective 3/13/81; Section 16.8.1413, effective 12/
31/72; Section 16.8.1419, effective 12/31/72; Sections 16.8.1423, 
16.8.1424, and 16.8.1425 (except 16.8.1425(1)(c) and (2)(d)), effective 
10/29/93; Section 16.8.1426, effective 12/31/72; Sections 16.8.1428-
1430, effective 10/29/93; Section 16.8.1501, effective 2/10/89; Section 
16.8.1502, effective 2/26/82; Section 16.8.1503, effective 2/10/89; 
Sections 16.8.1504-1505, effective 2/26/82; Sections 16.8.1701-1705, 
effective 12/10/93; and Sections 16.8.1801-1806, effective 12/10/93.
    (40) The Governor of Montana submitted a PM10 plan for 
Kalispell, Montana in a letter dated November 25, 1991. The Governor of 
Montana later submitted additional materials in letters dated January 
11, 1994, August 26, 1994, and July 18, 1995. The August 26, 1994, and 
July 18, 1995 submittals also contain the Kalispell Contingency Measure 
Plan. The August 26, 1994, submittal also contains the Columbia Falls 
PM10 contingency measures and minor revisions to the attainment and 
maintenance demonstrations for the moderate PM10 nonattainment area 
SIP for Columbia Falls. Finally, the August 26, 1994, submittal contains 
revisions to the Flathead County Air Pollution Control Program 
regulations.
    (i) Incorporation by reference.
    (A) Stipulations signed September 15, 1993 between the Montana 
Department of Health and Environmental Sciences and the following 
industries: A-1 Paving; Equity Supply Company; Flathead Road Dept. (two 
stipulations issued); Klingler Lumber Co.; McElroy and Wilkins; and 
Montana Mokko.
    (B) Stipulations signed September 17, 1993 between the Montana 
Department of Health and Environmental Sciences and the following 
industries: Pack and Company, Inc.; Pack Concrete; and Plum Creek Inc. 
(Evergreen).
    (C) Board Order issued on September 17, 1993, by the Montana Board 
of Health and Environmental Sciences enforcing emissions limitations 
specified by stipulations signed by both the Montana Department of 
Health and Environmental Services and participating facilities. The 
participating facilities included: A-1 Paving; Equity Supply Company; 
Flathead Road Dept. (two stipulations issued); Klingler Lumber Co.; 
McElroy and Wilkins; Montana Mokko; Pack and Company, Inc.; Pack 
Concrete; and Plum Creek Inc. (Evergreen).
    (D) Flathead County Board of Commissioners Resolution No. 867B, 
dated April 4, 1994, adopting the Flathead County Air Pollution Control 
Program.
    (E) Board Order issued May 20, 1994, by the Montana Board of Health 
and Environmental Sciences approving the Flathead County Air Pollution 
Control Program.
    (F) Flathead County Air Pollution Control Program, including all 
regulations found in Chapter VIII, Sub-Chapters 1-6, effective May 20, 
1994.
    (ii) Additional material.
    (A) Montana Smoke Management Plan, effective April 28, 1988, which 
addresses prescribed burning requirements.
    (B) Federal tailpipe standards, which provide an ongoing benefit due 
to fleet turnover.
    (41) The Governor of Montana submitted revisions to the Missoula 
City-County Air Pollution Control Program in a letter dated March 3, 
1995. In addition, the March 3, 1995 submittal satisfies the one 
remaining commitment made by the State in its original PM10 
moderate nonattainment area SIP.
    (i) Incorporation by reference.
    (A) Board order issued on September 16, 1994 by the Montana Board of 
Health and Environmental Sciences approving the amendments to Missoula 
City-County Air Pollution Control Program Chapters IX and XVI regarding,

[[Page 619]]

among other things, emergency procedures, paving of private roads, 
driveways, and parking lots, National standards of performance for new 
stationary sources, National Emission Standards for Hazardous Air 
Pollutants, and solid fuel burning devices.
    (B) Missoula City-County Rule 401, Missoula County Air Stagnation 
Plan, effective September 16, 1994.
    (C) Missoula City-County Rule 1401, Prevent Particulate Matter from 
Being Airborne, effective September 16, 1994.
    (D) Missoula City-County Rule 1423, Standard of Performance for New 
Stationary Sources, effective September 16, 1994.
    (E) Missoula City-County Rule 1424, Emission Standards for Hazardous 
Air Pollutants, effective September 16, 1994.
    (F) Missoula City-County Rule 1428, Solid Fuel Burning Devices, 
effective September 16, 1994.
    (G) Missoula City-County Air Pollution Control Program Chapter XVI, 
Amendments and Revisions, effective September 16, 1994.

[37 FR 10877, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1370, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.1371   Classification of regions.

    The Montana plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                              Pollutant                         
                                                    ------------------------------------------------------------
             Air quality control region              Particulate    Sulfur     Nitrogen     Carbon              
                                                        matter      oxides      dioxide    monoxide      Ozone  
----------------------------------------------------------------------------------------------------------------
Billings Intrastate................................           II          II         III         III         III
Great Falls Intrastate.............................          III          IA         III         III         III
Helena Intrastate..................................           IA          IA         III         III         III
Miles City Intrastate..............................          III         III         III         III         III
Missoula Intrastate................................            I         III         III         III         III
----------------------------------------------------------------------------------------------------------------

[37 FR 10877, May 31, 1972, as amended at 45 FR 14043, Mar. 4, 1980]



Sec. 52.1372  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Montana's plans for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds the plans satisfy all requirements of Part D, 
Title I, of the Clean Air Act as amended in 1977, except as noted below.

[45 FR 2036, Jan. 10, 1980]



Sec. 52.1373  Control strategy: Sulfur oxides.

    (a) Part D--Conditional Approval--The East Helena plan is approved 
provided that the following conditions are met by May 1, 1981:
    (1) A field study will be performed in the vicinity of the ASARCO 
smelter complex which clearly demonstrates the stack height for the 
blast furnace stack which represents good engineering practice; and
    (2) The control strategy will be amended, if necessary, to 
demonstrate attainment of the national standards using the good 
engineering practice stack height determined through the field study.

[45 FR 76688, Nov. 20, 1980]
Sec. 52.1374  [Reserved]



Sec. 52.1375  Attainment dates for national standards.

    The attainment date for the secondary NAAQS for sulfur dioxide for 
East Helena is December 31, 1982.

[61 FR 16061, Apr. 11, 1996]



Sec. 52.1376  Extensions.

    On October 7, 1993, EPA granted the request by the State for the 
full three years allowed by section 172(b) of the CAA, as amended in 
1990, for submittal of the SIP for the East Helena area to attain and 
maintain the sulfur dioxide secondary NAAQS. Therefore, the SIP for the 
area was due November 15, 1993.

[[Page 620]]

The SIP was not submitted by that date.

[61 FR 16062, Apr. 11, 1996]
Sec. 52.1377  [Reserved]



Sec. 52.1378   General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the legal authority to provide for public availability of emission 
data is inadequate.
    (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 nonecessary 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 34536, Sept. 26, 1974, as amended at 40 FR 55331, Nov. 28, 1975; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.1379   Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met, 
since section 69-3918 of the Montana Clean Air Act could, in some 
circumstances prohibit the disclosure of emission data to the public. 
Therefore, section 69-3918 is disapproved.

[39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]
Secs. 52.1380--52.1381  [Reserved]



Sec. 52.1382  Prevention of significant deterioration of air quality.

    (a) The Montana plan, as submitted, is approved as meeting the 
requirements of Part C, Subpart 1 of the Clean Air Act, except that it 
does not apply to sources proposing to construct on Indian Reservations.
    (b) Regulation for preventing of significant deterioration of air 
quality. The provisions of Sec. 52.21 (b) through (w) are hereby 
incorporated by reference and made a part of the Montana State 
Implementation Plan and are applicable to proposed major stationary 
sources or major modifications to be located on Indian Reservations.
    (c)(1) Except as set forth in this paragraph, all areas of Montana 
are designated Class II.
    (2) The Northern Cheyene Indian Reservation is designated Class I.
    (3) The Flathead Indian Reservation is designated Class I.

[[Page 621]]

    (4) The Fort Peck Indian Reservation is designated Class I.

[42 FR 40697, Aug. 11, 1977, as amended at 47 FR 23928, June 2, 1982; 48 
FR 20233, May 5, 1983; 49 FR 4735, Feb. 8, 1984; 53 FR 48645, Dec. 2, 
1988; 55 FR 19262, May 9, 1990; 55 FR 22333, June 1, 1990]



Sec. 52.1384  Emission control regulations.

    (a)  [Reserved]
    (b) The provisions for the open burning of creosote-treated railroad 
ties in the Administrative Rules of Montana (ARM) 16.8.1302 and 
16.8.1307, which were submitted by the Governor on April 9, 1991, are 
disapproved because:
    (1) The regulations do not adequately demonstrate how public health 
and welfare will be protected, in direct conflict with section 75-2-102 
of the Montana Clean Air Act, as approved in the SIP;
    (2) The regulations do not satisfy the enforcement imperatives of 
section 110(a)(2) of the Clean Air Act, which require that a plan 
contain enforceable emission limitations and a program for determining 
compliance; and
    (3) The revised regulations relax the control of emissions without 
any accompanying analysis demonstrating that these relaxations will not 
interfere with attainment and maintenance of the PM-10 national ambient 
air quality standards, and without any accompanying analysis 
demonstrating the potential impact on PM-10 nonattainment areas in the 
State and whether equivalent or greater emission reductions are insured 
in such areas, per the requirements of sections 110(1) and 193 of the 
amended Clean Air Act.
    (c) The provisions in ARM 16.8.1425(1)(c) and (2)(d) of the State's 
rule regulating hydrocarbon emissions from petroleum products, which 
were submitted by the Governor of Montana on May 17, 1994 and which 
allow discretion by the State to allow different equipment than that 
required by this rule, are disapproved. Such discretion cannot be 
allowed without requiring EPA review and approval of the alternative 
equipment to ensure that it is equivalent in efficiency to that 
equipment required in the approved SIP.

[57 FR 57347, Dec. 4, 1992, as amended at 57 FR 60486, Dec. 21, 1993; 60 
FR 36722, July 18, 1995]



Sec. 52.1385  Source surveillance.

    (a) Part D--Conditional Approval--The requirements of section 110 of 
the Clean Air Act are not met since the State does not specify source 
testing procedures in many of its emission limitations. However, this 
section is approved provided the State submits a list of acceptable 
source test methods for each emission limitation by August 1, 1980.

[45 FR 62985, Sept. 23, 1980]



Sec. 52.1386  [Reserved]



Sec. 52.1387  Visibility protection.

    (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) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated into the applicable plan for the State of Montana.

[52 FR 45138, Nov. 24, 1987]



Sec. 52.1388  Stack height regulations.

    The State of Montana has committed to revise its stack height 
regulations should EPA complete rulemaking to respond to the decision in 
NRDC v. Thomas, 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas 
M. Skie, EPA, dated May 6, 1988, Jeffrey T. Chaffee, Chief, Air Quality 
Bureau, stated:

    * * * We are submitting this letter to allow EPA to continue to 
process our current SIP submittal with the understanding that if EPA's 
response to the NRDC remand modifies the July 8, 1985 regulations, EPA 
will notify the State of the rules that must be changed to comply with 
the EPA's modified requirements. The State of Montana agrees to make the 
appropriate changes.

[54 FR 24341, June 7, 1989. Redesignated at 55 FR 19262, May 9, 1990]


[[Page 622]]





Sec. 52.1389  Small business stationary source technical and environmental compliance assistance program.

    The Governor of Montana submitted on October 19, 1992, a plan to 
develop and implement a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program to meet the requirements of 
section 507 of the Clean Air Act by November 15, 1994. The plan commits 
to provide technical and compliance assistance to small businesses, hire 
an Ombudsman to serve as an independent advocate for small businesses, 
and establish a Compliance Advisory Panel to advise the program and 
report to the EPA on the program's effectiveness.

[59 FR 10286, Mar. 4, 1994]



Sec. 52.1390  Missoula variance provision.

    The Missoula City-County Air Pollution Control Program's Chapter X, 
Variances, which was adopted by the Montana Board of Health and 
Environmental Sciences on June 28, 1991 and submitted by the Governor of 
Montana to EPA in a letter dated August 20, 1991, is disapproved. This 
rule is inconsistent with section 110(i) of the Clean Air Act, which 
prohibits any State or EPA from granting a variance from any requirement 
of an applicable implementation plan with respect to a stationary 
source.

[59 FR 64139, Dec. 13, 1994]



                          Subpart CC--Nebraska



Sec. 52.1420   Identification of plan.

    (a) Title of plan: ``Air Quality Implementation Plan for the State 
of Nebraska.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Request submitted by the Governor on January 24, 1972, for a 
two-year extension in order to meet the primary standard for NOx in the 
Omaha-Council Bluffs AQCR. (Non-regulatory)
    (2) Clarification of section 11 of the State plan submitted on 
February 16, 1972 by the Nebraska Department of Environmental Control. 
(Non-regulatory)
    (3) A confirmation that the State does not have air quality control 
standards based on the enclosed disapproval of the State Attorney 
General was submitted on April 25, 1972 by the Nebraska Department of 
Environmental Control. (Non-regulatory)
    (4) Revision of Rules 3 through 18 and Rule 21 and 22 submitted on 
June 9, 1972, by the Governor.
    (5) Amendments to the Omaha Air Pollution Control Ordinance 26350 
submitted on June 29, 1972, by the Governor.
    (6) Letters submitted September 26 and 27, 1972, from the State 
Department of Environmental Control revising Rule 3 and Rule 5 of the 
State Rules and Regulations.
    (7) Letters clarifying the application of the State emergency 
episode, rule 22(a), submitted October 2, 1972, by the State Department 
of Environmental Control. (Non-regulatory).
    (8) Revision of the State air regulations to expand emission 
limitations to apply State-wide, change procedures for preconstruction 
review of new sources, change procedures for disapproving construction 
permits for new or modified sources and add new sulfur oxide emission 
standards was submitted on February 27, 1974, by the Nebraska Department 
of Environmental Control.
    (9) Copy of the State's analysis of ambient air quality in Standard 
Metropolitan Statistical Areas in the State and recommendations for 
designation of Air Quality Maintenance Areas submitted by the Department 
of Environmental Control on May 9, 1974. (Non-regulatory)
    (10) Compliance schedules were submitted by the Department of 
Environmental Control on September 13, 1974.
    (11) Compliance schedules were submitted by the Department of 
Environmental Control on February 21, 1975.
    (12) Compliance schedules were submitted by the Department of 
Environmental Control on May 23, 1975.
    (13) Revision of regulations to include the second group of New 
Source Performance Standards and provide for granting of post-attainment 
variances and releasing of emission data was submitted on August 5, 
1975, by the Governor.

[[Page 623]]

    (14) Compliance schedules were submitted by the Governor on August 
27, 1975.
    (15) Compliance schedules were submitted by the Governor on January 
1, 1976.
    (16) Compliance schedules were submitted by the Department of 
Environmental Control on January 15, 1976.
    (17) Amended State law (LB1029) giving the Department of 
Environmental Control authority to require monitoring of emissions, 
require reporting of emissions and release emission data was submitted 
by the Governor on February 10, 1976.
    (18) Compliance schedules were submitted by the Governor on April 
23, 1976.
    (19) Compliance schedules were submitted by the Governor on October 
27, 1976.
    (20) Revised Rule 17, requiring continuous opacity monitoring by 
power plants, was submitted on November 2, 1976, by the Governor.
    (21) A plan revision to meet the requirements of 40 CFR 58.20, 
dealing with statewide air quality monitoring and data reporting, was 
submitted by the Governor on June 19, 1981.
    (22) Revised Rule 13, granting an increase in the visible emission 
limitations for existing teepee waste wood burners and alfalfa 
dehydrators, was submitted by the Governor on December 29, 1977.
    (23) Revision to the SIP concerning the adoption of the Lancaster 
County Air Pollution Control Resolution was submitted by the Governor on 
April 4, 1977.
    (24) Revision to the SIP concerning the adoption of the revised 
local air pollution control ordinances for the cities of Omaha and 
Lincoln was submitted by the Governor on December 27, 1977.
    (25) State plan revisions and corrections thereto to attain the 
National Ambient Air Quality Standards for total suspended particulate 
in Douglas and Cass Counties, designated as nonattainment under section 
107 of the Clean Air Act Amendments of 1977, were submitted by the 
Governor on September 25, 1980, and on August 9, 1982. Included in the 
plan are revised Rule 6, and new Rule 5A.
    (26) New Rule 18, ``Compliance; Exceptions Due to Startup, Shutdown, 
or Malfunction,'' was submitted by the Governor on August 9, 1982.
    (27) A plan revision to provide for Intergovernmental Consultation 
and Coordination and for Public Notification was submitted to EPA by the 
Governor of Nebraska on August 9, 1982.
    (28) A plan revision for attaining and maintaining the National 
Ambient Air Quality Standard for Lead in the State of Nebraska was 
submitted to EPA on January 9, 1981, by the Governor. Additional 
material was submitted by the State on August 5, 1981 and January 11, 
1983. All portions of the submittals are approved except the control 
strategy for Omaha and the request for a two year extension to attain 
the lead standard in Omaha.
    (29) Revisions to Rule 1, ``Definitions,'' and to Rule 4, ``New and 
Complex Sources; Standards of Performance, Application for Permit, When 
Required;'' and a new regulation: Rule 4.01, ``Prevention of Significant 
Deterioration of Air Quality,'' were submitted by the Governor on May 
23, 1983; clarifying letter dated May 30, 1984.
    (30) On July 24, 1984, Nebraska submitted a lead SIP for Omaha. 
Additional portions of the Omaha lead SIP were submitted by the State on 
November 17, 1983, and August 1, 1984. EPA withheld action on the 
enforceable control measures contained in the Omaha lead SIP, but 
approved all other portions.
    (31) Revisions to Chapter 10 ``Incinerators; Emission Standards;'' 
Chapter 12 ``Sulfur Compound Emissions; Emission Standards;'' Chapter 14 
``Open Fires, Prohibited; Exceptions;'' and Chapter 20 ``Emission 
Sources; Testing: Monitoring'' were submitted by the Governor on October 
6, 1983.
    (32) Revisions to Chapter 1, ``Definitions''; Chapter 4, ``Reporting 
and Operating Permits for Existing Sources; When Required''; and Chapter 
5, ``New, Modified, and Reconstructed Sources; Standards of Performance, 
Application for Permit, When Required'', were submitted by the Governor 
on October 6, 1983. These revisions deleted the review requirements for 
complex sources of air pollution for the entire State.

[[Page 624]]

These review requirements were adopted by the State on February 22, 1974 
(submitted on February 27, 1974) and were approved by EPA on September 
9, 1975. See paragraph (c)(8) above. Approval action was taken on the 
deletion of these requirements except as they pertain to the Lincoln and 
Omaha CO nonattainment areas.
    (33) A State Implementation Plan revision to provide for attainment 
of the carbon monoxide standard in Omaha was submitted by Governor 
Kerrey on April 3, 1985. Action was also taken to delete review 
requirements for complex sources of air pollution in Omaha; see 
paragraph (c)(32) of this section.
    (i) Incorporation by reference.
    (A) An RFP curve from page 27 of the Carbon Monoxide State 
Implementation Plan for Omaha, Nebraska, dated January 18, 1985.
    (ii) Additional material.
    (A) Narrative submittal entitled ``Carbon Monoxide State 
Implementation Plan for Omaha, Nebraska'', including an attainment 
demonstration.
    (B) Emission Inventory for carbon monoxide sources.
    (34) A State Implementation Plan revision to provide for attainment 
of the carbon monoxide standard in Lincoln was submitted by Governor 
Kerrey on April 3, 1985. Action was also taken to delete review 
requirements for complex sources of air pollution in Lincoln; see 
paragraph (c)(32) of this section.
    (i) Incorporation by reference.
    (A) An RFP table from page 18 of the State Implementation Plan 
Revision for Carbon Monoxide for Lincoln, Nebraska, adopted on March 1, 
1985.
    (ii) Additional material.
    (A) Narrative submittal entitled, ``State Implementation Plan 
Revision for Carbon Monoxide for Lincoln, Nebraska'', including an 
attainment demonstration.
    (B) Emission Inventory for carbon monoxide sources.
    (35) On February 2, 1987, Nebraska submitted revisions to the lead 
SIP for Omaha. The revisions contained a revised demonstration of 
attainment of the lead standard in Omaha, a revised control strategy to 
provide the lead emission reductions claimed in the demonstration of 
attainment, and Administrative Order No. 753 dated August 22, 1985, as 
amended by Amended Administrative Order No. 753 dated May 9, 1986, and 
by Second Amended Administrative Order No. 753 dated November 12, 1986. 
All items in the revisions were approved.
    (i) Incorporation by reference.
    (A) Administrative Order 753 dated August 22, 1985, issued by the 
Nebraska Department of Environmental Control to ASARCO Incorporated.
    (B) Amended Administrative Order 753 dated May 9, 1986, issued by 
the Nebraska Department of Environmental Control to ASARCO Incorporated.
    (C) Second Amended Administrative Order 753 dated November 12, 1986, 
issued by the Nebraska Department of Environmental Control to ASARCO 
Incorporated.
    (ii) Additional material.
    (A) 1986 Revised Demonstration of Attainment and Control Measures 
for the Nebraska State Implementation Plan for Lead--Omaha, submitted by 
ASARCO Incorporated, October 3, 1986.
    (36) Revisions to Chapter 1, ``Definitions'', paragraphs 024, 025, 
030, 037, 049; and Chapter 5, ``Stack Heights: Good Engineering Practice 
(GEP)'', were submitted by the Governor on May 6, 1986.
    (i) Incorporation by reference.
    (A) Revisions to Chapter 1, ``Definitions'', paragraphs 024, 025, 
030, 037, 049; and Chapter 5, ``Stack Heights: Good Engineering Practice 
(GEP)'', effective May 5, 1986.
    (ii) Additional material.
    (A) None.
    (37) Revised Title 129 of Nebraska Air Pollution Control rules and 
regulations pertaining to PM10 and other rule revisions submitted 
by the Governor of Nebraska on June 15, 1988.
    (i) Incorporation by reference. (A) Nebraska Department of 
Environmental Control Title 129--Nebraska Air Pollution Control rules 
and regulations adopted by the Nebraska Environmental Control Council 
February 5, 1988, effective June 5, 1988. The following Nebraska rules 
are not approved: Chapter 1, definition at 013, ``Best Available Control 
Technology''; Chapter 4, section 004.01G, except as it applies to lead; 
Chapter 6, section 002.04 and section 007; Appendix III except for lead; 
Chapter 6, section 001 pertaining

[[Page 625]]

to NSPS; and Chapter 12 pertaining to NESHAP.
    (B) Nebraska Department of Environmental Control Title 115--Rules of 
Practice and Procedure, amended effective July 24, 1987.
    (ii) Additional information. (A) None.
    (38) Plan revisions were submitted by the Nebraska Department of 
Environmental Control on March 8, 1991, which implement EPA's October 
17, 1988, PSD NOx requirements.
    (i) Incorporation by reference.
    (A) Revisions to title 129, chapter 7, entitled ``Prevention of 
Significant Deterioration of Air Quality,'' were adopted by the Nebraska 
Enviromental Control Council on December 7, 1990, and became effective 
February 20, 1991.
    (ii) Additional material.
    (A) Letter from the state submitted March 8, 1991, pertaining to 
NOx rules and analysis which certifies the material became 
effective on February 20, 1991.
    (39) Plan revisions were submitted by the Governor of Nebraska on 
March 8, 1991.
    (i) Incorporation by reference.
    (A) Revisions to Nebraska Department of Environmental Control Title 
129--Nebraska Air Pollution Control Rules and Regulations adopted by the 
Nebraska Environmental Control Council December 7, 1990, effective 
February 20, 1991. Revisions to the following sections are approved in 
this action: Chapter 1 (deletion of section 068), chapter 3 (deletion of 
``National'' from the chapter title), chapter 4 (section 004.02), 
chapter 7 (section 001), chapter 10 (section 002), chapter 11 (section 
002 and section 005), chapter 15 (section 002.07C), and chapter 16 
(sections 001, 002.01, 002.02, and 002.03.)
    (40) The Nebraska Department of Environmental Quality submitted the 
Small Business Assistance program State Implementation Plan revision on 
November 12, 1992.
    (i) Incorporation by reference.
    (A) Revision to the Nebraska State Implementation Plan for the Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program was adopted by the state of Nebraska on November 12, 
1992, and became effective on the same date.
    (41) On February 16, 1994, the Director of the Nebraska Department 
of Environmental Quality submitted revisions to the State Implementation 
Plan (SIP) to create a Class II operating permit program, Part D NSR 
rule changes, SO2 rule corrections, and the use of enhanced 
monitoring.
    (i) Incorporation by reference.
    (A) Revised rules ``Title 129--Nebraska Air Quality Regulations,'' 
effective December 17, 1993. This revision approves all chapters except 
for parts of Chapters 5, 7, 8, 9, 10, 11, 12, 13, 14, and 15 that 
pertain to Class I permits; Chapter 17 as it relates to hazardous air 
pollutants; and excludes Chapters 23, 25, 26, 27, 28, 29, and 31.
    (B) ``Title 115--Rules of Practice and Procedure,'' effective August 
8, 1993, and submitted as an SIP revision on February 16, 1994.
    (ii) Additional material.
    (A) Letter from Nebraska to EPA Region VII dated February 16, 1994, 
regarding a commitment to submit information to the RACT/BACT/LAER 
Clearinghouse as required in section 173(d) of the Clean Air Act.
    (B) Letter from Nebraska to EPA Region VII dated June 10, 1994, 
regarding the availability of state operating permits to EPA and 
specified emissions limitations in permits.
    (C) Letter from Nebraska to EPA Region VII dated November 7, 1994, 
regarding the increase in New Source Review (NSR) permitting thresholds.
    (42) A Plan revision was submitted by the Nebraska Department of 
Environmental Quality on June 14, 1995, which incorporates by reference 
EPA's regulations relating to determining conformity of general Federal 
actions to State or Federal Implementation Plans.
    (i) Incorporation by reference.
    (A) A revision to title 129, adding chapter 40, entitled ``General 
Conformity'' was adopted by the Environmental Quality Council on 
December 2, 1994, and became effective on May 29, 1995.
    (43) On June 14, 1995, the Director of the Nebraska Department of 
Environmental Quality submitted revisions to the State Implementation 
Plan (SIP) to modify the Class II operating permit program.
    (i) Incorporation by reference.

[[Page 626]]

    (A) Revised rules ``Title 129--Nebraska Air Quality Regulations,'' 
effective May 29, 1995. This revision applies to chapters 5, 7, 12, 17, 
19, 25, 41 and deletes chapters 42, 43 and 44.
    (ii) Additional material.
    (A) None.
    (44) On May 31 and June 2, 1995, the Director of the Nebraska 
Department of Environmental Quality (NDEQ) submitted revisions to the 
SIP to update the local ordinances of the Lincoln-Lancaster County 
Health Department and city of Omaha, respectively, and to create 
Federally enforceable Class II operating permit programs for these 
agencies.
    (i) Incorporation by reference.
    (A) 1993 Lincoln-Lancaster County Air Pollution Control Program, 
Version March 1995, effective May 16, 1995. This includes the following 
citations: Article I (except Section 6); Article II, Sections 1-12, 14-
17, 19-20, 22, 24-25, 32-38; and Appendix I.
    (B) Ordinance No. 33102 dated November 2, 1993, which adopts Chapter 
41, Article I, Sections 41-4 through 41-6; 41-9; 41-10; Article II, 
Sections 41-23; 41-27; 41-38; and 41-40 and Article IV of the Omaha 
Municipal Code. Ordinance No. 33506 dated March 21, 1995, amends Chapter 
41, Article I, Sections 41-2 and 41-9 of the Omaha Municipal Code and 
adopts Title 129, Nebraska Air Quality Regulations, approved December 2, 
1994.
    (ii) Additional material.
    (A) Letter from the city of Omaha dated September 13, 1995, 
regarding adequate authority to implement section 112(l).
    (B) Letter from the NDEQ dated November 9, 1995, regarding rule 
omissions and PSD.

[37 FR 10877, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1420, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.1421   Classification of regions.

    The Nebraska 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)
----------------------------------------------------------------------------------------------------------------
Metropolitan Omaha-Council Bluffs Interstate.........           I         II       III       III           III  
Lincoln-Beatrice-Fairbury Intrastate.................          II        III       III       III           III  
Metropolitan Sioux City Interstate...................         III        III       III       III           III  
Nebraska Intrastate..................................         III        III       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10877, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]



Sec. 52.1422   Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Nebraska's plan for the attainment and maintenance of the 
national standards. No action is taken on the new source review 
regulations to comply with section 172(b)(6) and section 173 of the 
Clean Air Act as amended in 1977, and 40 CFR 51.18(j).

[37 FR 10877, May 31, 1972, as amended at 48 FR 12717, Mar. 28, 1983]



Sec. 52.1423  PM10 State implementation plan development in group II areas.

    The state of Nebraska committed to conform to the PM10 
regulations as set forth in 40 CFR part 51. In a letter to Morris Kay, 
EPA, dated February 5, 1988, Mr. Dennis Grams, Director, Nebraska 
Department of Environmental Control, stated:
    (a) An area in the City of Omaha and the area in and around the 
Village of Weeping Water have been classified as Group II areas for the 
purpose of PM10 State Implementation Plan (SIP) development. The 
specific boundaries of these areas are identified in our letter of 
October 6, 1987, to Carl Walter. In accordance with the requirements for

[[Page 627]]

PM10 SIP development, the State of Nebraska commits to perform the 
following PM10 monitoring and SIP development activities for these 
Group II areas:
    (1) Gather ambient PM10 data, at least to the extent consistent 
with minimum EPA requirements and guidance.
    (2) Analyze and verify the ambient PM10 data and report 24-hour 
exceedances of the National Ambient Air Quality Standard for PM10 
to the Regional Office within 45 days of each exceedance.
    (3) When an appropriate number of verifiable exceedances of the 24-
hour standard occur, calculated according to section 2.0 of the 
PM10 SIP Development Guideline, or when an exceedance of the annual 
PM10 standard occurs, acknowledge that a nonattainment problem 
exists and immediately notify the Regional Office.
    (4) Within 30 days of the notification referred to in paragraph 
(a)(3) of this section, or within 37 months of promulgation of the 
PM10 standards, whichever comes first, determine whether measures 
in the existing SIP will assure timely attainment and maintenance of the 
PM10 standards and immediately notify the Regional Office.
    (5) Within 6 months of the notification referred to in paragraph 
(a)(4) of this section, adopt and submit to EPA a PM10 control 
strategy that assures attainment as expeditiously as practicable but no 
later than 3 years from approval of the committal SIP.
    An emission inventory will be compiled for the identified Group II 
areas. If either area is found to be violating the PM10 standards, 
the inventory will be completed as part of the PM10 SIP for that 
area on a schedule consistent with that outlined in paragraphs 3, 4, and 
5. If the PM10 standards are not violated, the inventory will be 
completed not later than July 1, 1989, and submitted to EPA not later 
than August 31, 1990, as part of the determination of adequacy of the 
current SIP to attain and maintain the PM10 air quality standards.
    (b) We request that the total suspended particulate nonattainment 
areas in Omaha and Weeping Water (all secondary nonattainment) and 
Louisville (Primary nonattainment) be redesignated to unclassifiable.

[54 FR 21063, May 16, 1989]



Sec. 52.1424  Operating permits.

    Emission limitations and related provisions which are established in 
Nebraska operating permits as Federally enforceable conditions shall be 
enforceable by EPA. The EPA reserves the right to deem permit conditions 
not Federally enforceable. Such a determination will be made according 
to appropriate procedures and be based upon the permit, permit approval 
procedures, or permit requirement which do not conform with the 
operating permit program requirements or the requirements of EPA 
underlying regulations.

[61 FR 4901, Feb. 9, 1996]



Sec. 52.1425   Compliance schedules.

    (a) The compliance schedules for the sources identified below are 
approved as revisions to the plan pursuant to Sec. 51.104 and subpart N 
of this chapter. All regulations cited are air pollution control 
regulations of the State, unless otherwise noted.

                                                             Nebraska--Compliance Schedules                                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Variance expiration                        
               Source                       Location           Regulation involved        Date adopted               date          Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
ASARCO, Inc........................  Omaha, NE.............  Nebraska DEC Second     Nov. 12, 1986........  Not applicable.......  Feb. 1, 1988         
                                                              Amended                                                                                   
                                                              Administrative Order                                                                      
                                                              No. 753.                                                                                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

[41 FR 22350, June 3, 1976, as amended at 41 FR 52456, Nov. 30, 1976; 42 
FR 16140, Mar. 25, 1977; 50 FR 4512, Jan. 31, 1985; 51 FR 40675, 40676, 
Nov. 7, 1986; 52 FR 28696, Aug. 3, 1987; 54 FR 25259, June 14, 1989]

[[Page 628]]

Sec. 52.1426  [Reserved]



Sec. 52.1427  Operating permits.

    Emission limitations and related provisions which are established in 
the city of Omaha and Lincoln-Lancaster operating permits as Federally 
enforceable conditions shall be enforceable by EPA. The EPA reserves the 
right to deem permit conditions not Federally enforceable. Such a 
determination will be made according to appropriate procedures and be 
based upon the permit, permit approval procedures, or permit requirement 
which do not conform with the operating permit program requirements or 
the requirements of EPA underlying regulations.

[61 FR 5701, Feb. 14, 1996]
Secs. 52.1428--52.1435  [Reserved]



Sec. 52.1436  Significant deterioration of air quality.

    The requirements of sections 160 through 165 of the Clean Air Act 
are met except as noted below.
    EPA is retaining Sec. 52.21 (b) through (w) as part of the Nebraska 
SIP for the following types of sources:
    (a) Sources proposing to construct on Indian lands in Nebraska; and,
    (b) Enforcement of permits issued by EPA prior to the July 28, 1983, 
delegation of authority to Nebraska.

[49 FR 29599, July 23, 1984]



                           Subpart DD--Nevada



Sec. 52.1470   Identification of plan.

    (a) Title of plan: ``Air Quality Implementation Plan for the State 
of Nevada.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Errata sheet to the plan was submitted on April 26, 1972, by the 
Division of Health.
    (2) Washoe County regulations submitted on June 12, 1972, by the 
Governor.
    (3) Compliance schedules submitted on July 14, 1972, by the 
Governor.
    (4) Legal opinions concerning the plan submitted on November 17, 
1972, by the Office of the Attorney General.
    (5) Amended Clark County regulations submitted on January 19, 1973, 
by the Governor.
    (6) Amendments to the Nevada Air Quality Regulations NAQR to 
regulate construction of complex sources (Article 13) submitted on April 
1, 1974, by the Governor.
    (7) Amendments to the NAQR to regulate sulfur emissions from 
nonferrous smelters; (Article 8.1); to regulate and monitor visible 
emissions from stationary sources (Article 4); and to allow 
supplementary control systems (Article 14); submitted on June 14, 1974, 
by the Governor.
    (8) Amendments to the NAQR to regulate open burning (Article 5.2.3 
and 5.2.4), and to regulate the construction of complex sources (Article 
13), submitted on November 12, 1974, by the Governor.
    (9) Administrative procedures for the review of complex sources 
submitted on December 11, 1974, by the Governor's representative.
    (10) Amendments to the Nevade Revised Statutes (NRS) (1975 
Legislative Session) on motor vehicle inspection and testing (NRS 
445.640, 445.700, 482.640 and 169.125), public availability of emission 
data (NRS 445.576), organization (NRC 445.481 and 481.----). (Section 1 
of 1975 Assembly Bill 326), stack testing (NRS 445.447), and alleged 
violations (NRS 445.526) submitted on September 10, 1975 by the 
Governor.
    (11) Amendments to the NAQR, as amended through September 18, 1975, 
submitted on October 31, 1975, by the Governor, as follows:

    Article 1--Definitions: 1.6-1.13, 1.15-1.33, 1.35-1.69;
    Article 2--General Provisions: 2.4.1-2.4.4, 2.5.1, 2.5.2, 2.5.4, 
2.6.1-2.6.4, 2.7.1, 2.8.1, 2.8.4, 2.8.5.1, 2.9.1-2.9.3, 2.9.5-2.9.7, 
2.10.1.2, 2.10.2-2.10.4, 2.11.4.2;
    Article 3--Registration Certificates and Operating Permits: 3.1.3, 
3.1.5, 3.1.6, 3.1.8a & d-i, 3.1.9, 3.2.2-3.2.6, 3.3.2, 3.3.5, 3.4.1, 
3.4.6-3.4.14;
    Article 4--Visible Emissions From Stationary Sources: 4.1, 4.2, 
4.3.5, 4.4-4.4.2;
    Article 5--Open Burning: 5.2.3, 5.2.4;
    Article 6--Incinerator Burning: 6.3-6.6.2;
    Article 7--Particulate Matter: 7.1.3, 7.2.1-7.2.3, 7.3.1-7.3.3;
    Article 8--Sulfur Emissions: 8.1.1, 8.1.2, 8.1.4, 8.2.2.1, 8.3-8.4;
    Article 9--Organic Solvent, Other Volatile Compounds: 9.1, 9.2-
9.2.1.1, 9.2.2, 9.2.3;

[[Page 629]]

    Article 10--Odors: 10.2.1.1, 10.2.1.2;
    Article 11--Mobile Equipment: 11.3-11.7.1, 11.7.4-11.7.5, 11.10, 
11.10.1, 11.11-11.14.17.

    (12) Amendments to miscellaneous Nevada air quality control 
regulations and to other sections of the State plan submitted on 
December 10, 1976, by the Governor, as follows:

    Article 1--Definitions: 1.1-1.213;
    Article 2--General Provisions: 2.5.3, 2.6.2-2.6.9, 2.7.1-2.7.4, 
2.8.5.2, 2.16, 2.17;
    Article 3--Registration Certificates and Operating Permits, 3.1.9.1, 
3.2.1;
    Article 7--Particulate Matter: 7.2.4;
    Article 8--Sulfur Emissions: 8.2.2-8.2.4;
    Article 11--Mobile Equipment: 11.7.6, 11.8, 11.9, 11.10.2;
    Section 3--Air quality data: 3.2;
    Section 4--Emissions summary: 4.2;
    Section 5--Control strategy: 5.1, table 5.1, table 5.2;
    Section 10--Air quality surveillance network: Monitoring network 
table, sampling sites modification table.

    (13) Amendments to the NAQR and the control strategy submitted on 
October 7, 1976, by the Governor.
    (i) Article 7--Particulate Matter: 7.2.7; Table 4.2--Emissions 
Inventory Summary for Particulates.
    Table 5.2--Summary of Control Strategy Analysis for Particulates.
    (14) The following amendments to the plan were submitted on December 
29, 1978, by the Governor.
    (i) Nevada State Emergency Episode Plan Sections: 6.1.4, 6.1.5, 
6.5.2.2; Tables: 6.1, 6.2 (Stages 1, 2, and 3), 6.3; Air Pollution 
Episode Notice; Episode Communication Checklist.
    (ii) Nevada Revised Statutes Policy Declarations; Definitions:

    445.401, 445.406, 445.411, 445.416, 445.421, 445.424, 445.427, 
445.431, 445.441, 445.446; State Environmental Commission: 445.451, 
445.456, 445.461, 445.466, 445.471, 445.472, 445.473, 445.474, 445.476; 
Local Hearing Boards: 445.486; Enforcement Provisions: 445.491, 445.496, 
445.497, 445.498, 445.499, 445.501; Variances: 445.506, 445.511, 
445.516, 445.521; Hearings, Orders Respecting Violations: 445.529; Local 
Air Pollution Control Programs: 445.546, 445.551, 445.556, 445.561, 
445.566; Miscellaneous Provisions: 445.571, 445.581, 445.586, 445.596, 
445.598; Penalties: 445.601; Deletions: Senate Bill 275, Sections 8.5, 
17(1-4, 6, 7), 27, 38.

    (iii) Nonattainment area plans for Mason Valley/Fernley Area, Lander 
County, Carson Desert, Winnemucca Segment, Truckee Meadows, and Las 
Vegas Valley.
    (iv) Nevada Revised Statutes, Engine Emission Controls:

    445.610, 445.620, 445.625, 445.630, 445.640, 445.650, 445.660, 
445.670, 445.680, 445.690, 445.700, 445.705, and 445.710.

    (v) Nevada Air Quality Regulations for Mobile Equipment:

    Article 1--Sections 1.1 to 1.38; Article 2--Sections 2.1 to 2.2; 
Article 3--Sections 3.1 to 3.14.6; and Article 4--Sections 4.1 to 4.20.

    (vi) Nevada Revised Statute 445.493, Limitations on Enforcement of 
Regulations as to Indirect Sources and Authority to Review New Indirect 
Sources.
    (vii) Amendments to the Nevada Air Quality Regulations:

    Article 1, Rules 1.44, 1.53, 1.60, 1.98.1; Article 2, Rules 2.2.2, 
2.11.7, 2.17.3.2 a/b, 2.17.4, 2.17.4.1, 2.17.9.8, 2.17.10, 2.17.10.1; 
Article 3, Rules 3.1.1, 3.1.2, 3.1.3, 3.4.11; Article 4, Rule 4.3.[6]4; 
Article 5, Rule 5.2.4; Article 6, Rule 6.3; Article 7 Rules 7.1.[3]2, 
7.3.3; Article 8, Rules 8.2.1.1, 8.2.1.2, 8.2.2, and Article 12, Rule 
12.1.

    (viii) Amendments to the Nevada Air Quality Regulations:

    Article 1; Article 7, Rules 7.2.8.1--7.2.8.3; Article 16, Rules 
16.3.1.2--16.3.3 and Rules 16.15.1--16.15.4.

    (15) Redesignation of the Clark-Mohave Interstate AQCR submitted on 
March 23, 1979, by the Governor.
    (16) The following amendments to the plan were submitted on July 24, 
1979, by the Governor.
    (i) Amendments to the Nevada Air Quality Regulations:

    Article I--Definition: No. 2--LAER.

    (ii) Amendments to the Clark County District Board of Health Air 
Pollution Control Regulations:

    Section 15--Source Registration, 15.1, 15.2, 15.3, 15.4, 15.5, 15.6, 
15.7, 15.8, 15.9, 15.10, 15.11, and 15.12; Section 50--Storage of 
Petroleum Products; Section 51--Petroleum Product Loading into Tank 
Trucks, and Trailers; and Section 52--Handling of Gasoline at Service 
Stations, Airports and Storage Tanks.

    (iii) Amendments to the Washoe County District Board of Health Air 
Pollution Control Regulations:

    Definitions, Sections 010.011, 010.014, 010.028, 010.057, 010.059, 
010.071, 010.072, 010.091, 010.106, 010.107B, 010.108, 010.116, 010.117, 
010.136, 010.148, 010.149, 010.151, 010.166, 010.197,

[[Page 630]]

and 010.1751; Source Registration and Operation, Sections 030.000, 
030.005, 030.010, 030.015, 030.025, 030.030, 030.110, 030.115 (1 and 
5)B, 030.120, 030.1201, 030.205, 030.210, 030.215, 030.245, and 030.250; 
Section 040.070--Storage of Petroleum Products; Section 040.075--
Gasoline Loading into Tank Trucks and Trailers; Section 040.080--
Gasoline unloading from Tank Trucks and Trailers into Storage Tanks; 
Section 040.085--Organic Solvents; and Section 040.090--Cut-Back 
Asphalt.

    (iv) Paving schedules for the following Nonattainment Area Plans: 
Mason Valley/Fernley Area, Carson Desert, Winnemucca Segment, and Lander 
County.
    (v) Amendments to the Las Vegas Valley Nonattainment Area Plan: Two 
memoranda of understanding between Clark County, the Health District, 
and the Transportation Policy Committee.
    (vi) Nevada Revised Statutes, Engine Emission Control: 445.632, 
445.634, 445.635, and 445.644.
    (vii) Lake Tahoe Basin Nonattainment Area Plan.
    (viii) Amendments to the Clark County District Board of Health Air 
Pollution Control Regulations:

    Section 2, Rules 2.1, 2.2, 2.3; Section 3, Rule 3.1; Section 4, 
Rules 4.1--4.11; Section 5, Rule 5.1; Section 6, Rule 6.1; Section 7, 
Rules 7.1--7.19; Section 8, Rules 8.1, 8.2, 8.7 (deletion); Section 9, 
Rules 9.1--9.3; Section 10; Section 16, Rules 16.1,--16.5, 16.6 
(Operating Permits), 16.6 (Emission of Visible Air Contaminants) 
(deletion), 16.7--16.9; Section 17, Rules 17.1.--17.8; Section 18, Rules 
18.1--18.12; Section 23, Rules 23.1--23.5; Section 24, Rules 24.1--24.5; 
Section 25, Rules 25.1, 25.2, 25.4 (deletion); Section 26, Rules 26.1--
26.3; Section 27, Rules 27.1, 27.2, 27.3, 27.4; Section 28, Rules 28.1, 
28.2; Section 29; Section 30, Rules 30.1--30.7; Section 31; Section 32, 
Rules 32.1, 32.2; Section 40, Rule 40.1; Section 41, Rules 41.1--41.4; 
Section 42, Rules 42.1--42.4; Section 43, Rule 43.1; Section 70, Rules 
70.1--70.6; Sections 80, and 81.

    Editorial Note: At 47 FR 27071, June 23, 1982, the following 
paragraph (c)(16)(viii) was added to Sec. 52.1470.

    (viii) Repeal and removal of all references to Indirect (Complex) 
Sources in the following rules or portions of rules in the Nevada Air 
Quality Regulations.

    Article 1--Definitions: 1.12, 1.95, 1.147(b), and 1.202. Article 2--
Registration Certificates and Operating Permits: 3.1.9, 3.2.1, 3.2.2, 
and 3.2.5. Article 13--Point Sources: 13.1.1, 13.1.2, 13.2, and 13.2.1 
to 13.5.3.

    (ix) Amendments to the Washoe County District Board of Health Air 
Pollution Control Regulations:

    Sections 020.055, 030.300, 030.305, 030.310, 030.3101-030.3105, 
030.3107, and 030.3108 and the following deletions: 010.115, 050.005, 
050.010, 050.015, 050.020, 050.025, 050.030, and 050.035.

    (x) Amendments to the Nevada Air Quality Regulations: Article 12, 
Lead (Pb).
    (17) The following amendments to the plan were submitted on 
September 18, 1979, by the Governor.
    (i) Amendments to the Clark County District Board of Health Air 
Pollution Control Regulations:

    Section 1--Definitions (except 1.14, 1.15, 1.79, and 1.94); Section 
15.14--Source Registration Requirements for Areas Exceeding Air Quality 
Standards; and Section 60--Evaporation and Leakage.

    (ii) Amendments to the Clark County District Board of Health Air 
Pollution Control Regulations:

    Section 1, Rules 1.79, 1.94; Section 11, Rules 11.1, 11.1.1-11.1.8, 
11.2, 11.2.1-11.2.3, 11.3, 11.3.1, 11.3.2, 11.4, and Section 13, Rule 
13.5 (deletion).

    (18) Amendments to the Nevada Air Quality Regulations submitted on 
March 17, 1980, by the Governor.
    (i) Article 13.1.3--Point Sources and Registration Certificates.
    (19) The following amendments to the plan were submitted on June 24, 
1980, by the Governor.
    (i) Section 10--State of Nevada Ambient Air Quality Monitoring and 
Surveillance.
    (ii) Amendment to the Nevada Air Quality Regulations: Article 4, 
Rule 4.3.6.
    (iii) Clark County, Nevada Lead SIP.
    (20) The following amendment to the plan was submitted on August 19, 
1980 by the Governor.
    (i) Request for Extension of the Carbon Monoxide Attainment Date for 
the Truckee Meadows Nonattainment Area.
    (21) The following amendments to the plan were submitted on October 
13, 1980, by the Governor.
    (i) Amendments to the Nevada Revised Statutes: 704.820 through 
704.900 (Utility Environmental Protection Act).

[[Page 631]]

    (ii) Rule 25, of General Order No. 3, Nevada Public Service 
Commission.
    (22) The following amendments to the plan were submitted on November 
5, 1980, by the Governor.
    (i) Amendments to the Clark County District Board of Health Air 
Pollution Control Regulations: Section 4, Rules 4.12, 4.12.1-4.12.3.
    (ii) Amendments to the Nevada Air Quality Regulations: Article 7, 
Rules 7.2.5, 7.2.5.1, 7.2.9; and Article 8, Rule 8.3.4.
    (23) The following amendments to the plan were submitted on March 4, 
1981, by the Governor:
    (i) Las Vegas Valley Air Quality Implementation Plan (excluding 
Clark County Air Pollution Control Regulations).
    (24) The following amendments to the plan were submitted on November 
17, 1981 by the Governor.
    (i) Amendments to the Nevada Air Quality Regulations: Article 14.1.
    (ii) Resolution of the Washoe Council of Governments adopted August 
28, 1981 and Endorsement of the State Environmental Commission dated 
October 15, 1981.
    (iii) Amendments to the Clark County District Board of Health Air 
Pollution Control Regulations:

    Section 1--Definitions 1.7, 1.13, 1.14, 1.15, 1.32, 1.48, 1.50, 
1.52, 1.57, 1.67, 1.72, 1.90 and the addition of the following 
unnumbered definitions: ``Emission Unit,'' ``Criteria Pollutant,'' 
``Non-Criteria Pollutant,'' ``Baseline Area,'' ``Begin Actual 
Construction,'' ``Building, Structure, Facility, or Installation,'' 
``Particulate Precursor,'' ``Secondary Emissions,'' and ``Significant.''
    Section 15--Source Registration, 15.1, 15.1.1, 15.1.2, 15.1.3, 
15.1.4, 15.1.5, 15.1.6, 15.1.7, 15.1.8, 15.2; 15.2.1, 15.2.2, 15.3, 
15.4, 15.5; Preconstruction Review for New and Modified Sources, 15.6, 
15.6.1, 15.6.1.1, 15.6.1.2 (deleted), 15.6.1.6, 15.6.2, 15.6.2.1 
(deleted), 15.6.2.2, 15.6.2.3, 15.6.2.4, 15.6.2.5, 15.6.3, 15.6.3.1, 
15.6.3.2 to 15.6.3.5 (added), 15.6.6, 15.7, 15.8, 15.9, 15.10, 15.10.1, 
15.10.2, 15.10.3, 15.10.4, 15.11, 15.12; Prevention of Significant 
Deterioration, 15.13 (added); Preconstruction Review Requirements for 
New or Modified Sources in Areas Exceeding Air Quality Standards 
(``Offset'' Rules), 15.14.1, 15.14.1.2, 15.14.1.3 (added), 15.14.3.1, 
15.14.3.2, 15.14.4, 15.14.4.1, 15.14.4.3, 15.14.3.3 (added), 15.14.4.3.4 
(added), 15.14.4.3.5 (added) and, 15.14.4.4 (deleted).

    (iv) Amendments to the Clark County District Board of Health Air 
Pollution Control Regulations:

    Section 4, Rule 4.7.3; Section 7; Section 9, Rules 9.1; Section 16; 
Section 17, Rules 17.2.1 and 17.6.1; Section 18, Rules 18.1--18.5.2; 
Section 23, Rules 23.2.1--23.3.1.2 and Rules 23.3.4--23.3.5; Section 27; 
Section 30, Rules 30.4 and 30.8; Section 52, Rules 52.4.2.3 and 52.7.2; 
and Section 60, Rules 60.4.3.
    (v) Nevada State Lead SIP Revision submitted by the State on 
November 5, 1981.
    (vi) Amendment to the Clark County District Board of Health Air 
Pollution Control Regulations: Section 60, Rule 60.4.2.
    (25) The following amendments to the plan were submitted on October 
26, 1982, by the Governor.
    (i) Amendments of Chapter 445 of the Nevada Administrative Code.

    (A) New or amended sections 445.430-445.437, 445.439-445.447, 
445.451, 445.453-445.472, 445.474-445.477, 445.480-445.504, 445.509-
445.519, 445.522-445.537, 445.539, 445.542-445.544, 445.546-445.549, 
445.551, 445.552, 445.554-445.568, 445.570, 445.572-445.587, 445.589-
445.605, 445.608-445.612, 445.614-445.622, 445.624, 445.626, 445.627, 
445.629-445.655, 445.660, 445.662-445.667, 445.682, 445.685-445.700, 
445.704-445.707, 445.712-445.716, 445.721, 445.723, 445.729-445,732, 
445,734, 445,742, 445,743, 445,746, 445.575, 445,754, 445,764, 445,844, 
and 445,845.

    (26) The following amendments to the plan were submitted on 
September 14, 1983 by the Governor.
    (i) Amendments to Chapter 445 of the Nevada Administrative Code.
    (A) New or amended Sections 445.732, 445.808 (paragraphs (1), (2)(a-
c), and (3)-(5)), 445.815 (paragraphs (1), (2)(a)(1 and 2), and (3)-
(5)), 445.816 (paragraphs (1), (2)(a-i), and (3)-(5)), 445.843, and 
445.846 (paragraphs (1), (3), and (4)).
    (ii) The Truckee Meadows Air Quality Implementation Plan 1982 Update 
except for the attainment and RFP demonstrations and Legally Enforceable 
Measures portions of the plan.
    (iii) Amendments related to Nevada's inspection and maintenance (I/
M) program.
    (A) State legislation (AB 677) which defers the start-up of the 
annual I/M program from July 1, 1983 to October 1, 1983.
    (B) An I/M public education plan.

[[Page 632]]

    (C) Revisions to the Engine Emission Control Regulations (Nevada 
Administrative Code 455.851 to 445.945).
    (27) The following amendments to the plan were submitted on December 
9, 1982, by the State:
    (i) Emission reduction estimates and/or changes in vehicular 
activity for the adopted control measures.
    (ii) A modeling analysis indicating 1982 attainment.
    (iii) Documentation of the modeling analysis including air quality, 
traffic and meteorological data:
    (iv) Evidence of implementation and/or future commitments for the 
adopted control measures.
    (v) Appendix of previous reports, measured data and other official 
correspondence including:
    (A) Resource commitments from the responsible agencies for 
implementing the RFP,
    (B) 1979 and 1980 Annual Reports for the Lake Tahoe Air Basin, and
    (C) 1981 Nevada Air Quality Report.
    (28) The following amendments to the plan were submitted on December 
16, 1982 by the State:
    (i) Additional evidence of commitment to the control evidence by the 
responsible state and/or local agencies,
    (ii) Additional supporting documentation for the 1982 attainment 
modeling analysis which included revised technical data on measured and 
modeled CO traffic volumes, and a revised narrative on the calibration 
constant and the impacts to the model.
    (29) The following amendments to the plan were submitted on January 
28, 1983 by the State:
    (i) Response to EPA's preliminary evaluation, specifying 
documentation for calibrating the model, the mobile source emission 
factors, and additional traffic data.
    (ii) Conversion factors for the model.
    (iii) A revised 1982 attainment modeling analysis and supporting 
documentation including:
    (A) 1979, 1980-82 traffic data for the Stateline Area, (Appendix A);
    (B) Stateline Cold Start/Hot Start Analysis, (Appendix B);
    (C) Portions of the Highway 50 Corridor Study, June 1979 (Appendix 
C);
    (D) Reference from Transportation and Traffic Engineering Handbook, 
(1979), (Appendix D); and
    (E) Revised Caline 3 and Mobile 2 modeling analysis using both 27% 
and 50% cold start factors, (Appendix E).
    (30) The following amendments to the plan were submitted on May 5, 
1983 by the State:
    (i) ``Stateline, Nevada, 1983 Carbon Monoxide Study''--a traffic, 
ambient air monitoring and predictive modeling report, and
    (ii) A revised analysis of the Caline 3 model verifying 1982 
attainment, based on data collected in February and March 1983.
    (31) The following amendments to the plan were submitted on May 30, 
1984, by the Governor.
    (i) Washoe County, Nevada Lead SIP Revision.
    (32) The Las Vegas Valley 1982 Air Quality Implementation Plan 
(AQIP) Update for carbon monoxide submitted by the Governor on June 23, 
1982.
    (33) On January 11, 1985, the following amendments to the plan were 
submitted by the State.
    (i) Incorporation by reference.
    (A) Las Vegas Valley Air Quality Implementation Plan, Post 1982 
Update for Ozone adopted on October 16, 1984.
    (ii) Additional material.
    (A) Emissions Inventory for 1995, transmitted by a letter dated 
March 14, 1986.
    (34) Program elements were submitted on June 28, 1994 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program, adopted on June 28, 1994.
    (35) Program elements were submitted on July 5, 1995 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program, adopted on July 5, 1995.

[37 FR 10878, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1470, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

[[Page 633]]



Sec. 52.1471  Classification of regions.

    The Nevada plan is evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Las Vegas Intrastate......................................           I         IA       III         I          I
Northwest Nevada Intrastate...............................           I        III       III       III        III
Nevada Intrastate.........................................          IA         IA       III       III        III
----------------------------------------------------------------------------------------------------------------

[45 FR 7545, Feb. 4, 1980]



Sec. 52.1472  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Nevada's plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act.
    (b) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in 1977, for the nonattainment areas listed in this 
paragraph.
    (1) Mason Valley/Fernley Area for TSP.
    (2) Lower Reese River Valley/Clovers Area for TSP.
    (3) Carson Desert for TSP.
    (4) Winnemucca Segment for TSP.
    (5) Truckee Meadows for TSP and CO.
    (6) Las Vegas Valley for TSP and CO.
    (7) Lake Tahoe Basin for CO.
    (c) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in the 1977, for the nonattainment areas listed in this 
paragraph. In addition, continued satisfaction of the requirements of 
Part D for the ozone portion of the State Implementation Plan (SIP) 
depends on the adoption and submittal by January 1, 1981 of reasonably 
available control technology (RACT) requirements for sources covered by 
Control Technique Guidelines (CTG's) published between January 1978 and 
January 1979.
    (1) Truckee Meadows for O3.
    (2) Las Vegas Valley for O3.

[46 FR 21766, Apr. 14, 1981, as amended at 47 FR 27069, June 23, 1982]



Sec. 52.1473  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
in Washoe County, since the plan does not provide procedures for making 
emission data, as correlated with allowable emissions, available to the 
public. In addition, Chapter 020.065 of the ``Air Pollution Control 
Regulations'' of the District Board of Health of Washoe County in the 
Northwest Nevada Intrastate Region is disapproved since it contains 
provisions which restrict the public availability of emission data as 
correlated with applicable emission limitations and other control 
measures.
    (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

[[Page 634]]

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-June 30 and July 1-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.

[37 FR 10878, May 31, 1972, as amended at 37 FR 15086, July 27, 1972; 38 
FR 12708, May 14, 1973; 40 FR 55331, Nov. 28, 1975; 43 FR 1342, Jan. 24, 
1978; 51 FR 40676, Nov. 7, 1986]



Sec. 52.1474  Part D conditional approval.

    (a) The following portions of the Nevada SIP contain deficiencies 
with respect to Part D of the Clean Air Act which must be corrected 
within the time limit indicated.
    (1)-(4) [Reserved]

[46 FR 21766, Apr. 14, 1981, as amended at 47 FR 15792, Apr. 13, 1982; 
47 FR 27069, June 23, 1982; 49 FR 6900, Feb. 24, 1984]



Sec. 52.1475   Control strategy and regulations: Sulfur oxides.

    (a) The requirements of subpart G of this chapter are not met since 
the plan does not adequately provide for attainment and maintenance of 
the National Ambient Air Quality Standards for sulfur oxides in the 
Nevada Intrastate Region.
    (b) Article 8.1.3 of Nevada's ``Air Quality Regulations'' (emission 
limitation for sulfur from existing copper smelters), which is part of 
the sulfur oxides control strategy, is disapproved since it does not 
provide the degree of control needed to attain and maintain the National 
Ambient Air Quality Standards for sulfur oxides in the Nevada Intrastate 
Region.
    (c) Regulation for control of fugitive sulfur oxides emissions 
(Nevada Intrastate Region). (1) The owner or operator of the Kennecott 
Copper Company smelter located in White Pine County, Nevada, in the 
Nevada Intrastate Region shall utilize best engineering techniques for 
reducing escape of pollutants to the atmosphere and to capture sulfur 
oxides emissions and vent them through a stack or stacks. Such 
techniques shall include, but not be limited to:
    (i) Installing and operating hoods on all active matte tapholes, 
matte launders, slag skim bays, slag handling operations, and holding 
ladles on each reverberatory furnace;
    (ii) Installing tight fitting hoods on each active converter and 
operating such hoods except during pouring and charging operations;
    (iii) Maintaining all ducts, flues, and stacks in a leak-free 
condition;
    (iv) Maintaining all reverberatory furnaces and converters under 
normal operating conditions in such a fashion that out-leakage of gases 
will be prevented to the maximum extent possible;
    (v) Wherever feasible, ducting emissions through the tallest stack 
or stacks serving the facility; and
    (vi) Wherever feasible, passing the effluents from all hooding 
through the tallest stack or stacks serving the facility.
    (2) (i) If the owner or operator of the smelter subject to this 
paragraph is not in compliance with the provisions of paragraph (c)(1) 
of the section the following compliance schedule shall apply:
    (a) 30 days after the effective date of this regulation. Let 
contracts or issue purchase orders for hoods and flues for control of 
fugitive sulfur oxides emissions or provide evidence that such contracts 
have been let.

[[Page 635]]

    (b) July 1, 1975. Initiate on-site construction and/or installation 
of emission control equipment.
    (c) July 1, 1976. Complete on-site construction and/or installation 
of emission control equipment.
    (d) January 1, 1977. Achieve final compliance with requirements of 
paragraph (c)(1) of this section.
    (ii) The owner or operator of the smelter subject to the 
requirements of this paragraph shall certify to the Administrator within 
five days after the deadline for each increment of progress, whether or 
not the required increment of progress has been met.
    (iii) If the source subject to this paragraph is presently in 
compliance with the requirements of paragraph (c)(1) of this section, 
the owner or operator of such source may certify such compliance to the 
Administrator within thirty (30) days of the effective date of this 
paragraph. If such certification is acceptable to the Administrator, the 
applicable requirements of this paragraph shall not apply to the 
certifying source. The Administrator may request whatever supporting 
information he considers necessary to determine the validity of the 
certification.
    (3) The owner or operator of the smelter subject to this paragraph 
may submit to the Administrator, no later than thirty (30) days after 
the effective date of this paragraph, a proposed alternative compliance 
schedule. No such compliance schedule may provide for final compliance 
after January 1, 1977. If approved by the Administrator, such schedule 
shall satisfy the compliance schedule requirements of this paragraph for 
the affected source.
    (d) Regulation for control of sulfur dioxide emissions (Nevada 
Intrastate Region). (1) The owner or operator of the Kennecott Copper 
Company smelter located in White Pine County, Nevada, in the Nevada 
Intrastate Region shall comply with all the requirements of this 
paragraph, except as provided in paragraph (e) of this section.
    (2) (i) After July 31, 1977, the owner or operator of the smelter 
subject to this paragraph shall not discharge or cause the discharge of 
sulfur dioxide into the atmosphere in excess of 10,150 pounds per hour 
(4,603 kg/hr.) maximum 6-hour average as determined by the method 
specified in paragraph (d)(4) of this section.
    (ii) The limitation specified in paragraph (d)(2)(i) of this section 
shall apply to the sum total of sulfur dioxide emissions from the 
smelter processing units and sulfur oxides control and removal 
equipment, but not including uncaptured fugitive emissions and those 
emissions due solely to the use of fuel for space heating or steam 
generation.
    (3) (i) The owner or operator of the smelter to which this paragraph 
is applicable shall, no later than 30 days following the effective date 
of this paragraph, submit to the Administrator for approval a proposed 
compliance schedule that demonstrates compliance with paragraph (d)(2) 
of this section as expeditiously as practicable but not later than July 
31, 1977.
    (ii) The compliance schedule submitted to the Administrator pursuant 
to paragraph (d)(3)(i) of this section shall provide for increments of 
progress toward compliance. The dates for achievement of such increments 
of progress shall be specified. Increments of progress shall include, 
but not be limited to, the following:
    (a) Submittal of final control plan to the Administrator for meeting 
the requirements of paragraph (d)(2) of this section.
    (b) Letting of necessary contracts or process changes, or issuance 
of orders for the purchase of component parts, to accomplish emission 
control or process modification;
    (c) Initiation of on-site construction or installation of emission 
control equipment or process modification;
    (d) Completion of on-site construction or installation of emission 
control equipment or process modification;
    (e) Full compliance with the requirements of paragraph (d)(2) of 
this section.
    (iii) The owner or operator of the smelter subject to the 
requirements of this subparagraph shall certify to the Administrator 
within five days after the deadline for each increment of progress, 
whether or not the required increment of progress has been met.
    (iv) Notice must be given to the Administrator at least 10 days 
prior to

[[Page 636]]

conducting a performance test to afford him the opportunity to have an 
observer present.
    (v) If the source subject to this paragraph is currently in 
compliance with the requirement of paragraph (d)(2) of this section, the 
owner or operator of such source may certify such compliance to the 
Administrator within thirty (30) days of the effective date of this 
paragraph. If such certification is acceptable to the Administrator, the 
applicable requirements of this paragraph (d)(3) of this section shall 
not apply to the certifying source. The Administrator may request 
whatever supporting information he considers necessary to determine the 
validity of the certification.
    (4) (i) The owner or operator of the smelter to which this paragraph 
is applicable shall install, calibrate, maintain, and operate a 
measurement system(s) for continuously monitoring sulfur dioxide 
emissions and stack gas volumetric flow rates in each stack which emits 
5 percent or more of the total potential (without emission controls) 
hourly sulfur oxides emissions from the source. For the purpose of this 
paragraph, ``continuous monitoring'' means the taking and recording of 
at least one measurement of sulfur dioxide concentration and stack gas 
flow rate reading from the effluent of each affected stack in each 15-
minute period.
    (ii) Within nine months after the effective date of this paragraph, 
and at other such times in the future as the Administrator may specify, 
the sulfur dioxide concentration measurement system(s) installed and 
used pursuant to this paragraph shall be demonstrated to meet the 
measurement system performance specifications prescribed in Appendix D 
to this part.
    (iii) Within nine months after the effective date of this paragraph, 
and at other such times in the future as the Administrator may specify, 
the stack gas volumetric flow rate measurement system(s) installed and 
used pursuant to this paragraph shall be demonstrated to meet the 
measurement system performance specifications prescribed in Appendix E 
to this part.
    (iv) The Administrator shall be notified at least ten (10) days in 
advance of the start of the field test period required in Appendices D 
and E to this part to afford the Administrator the opportunity to have 
an observer present.
    (v) The sampling point for monitoring emissions shall be in the duct 
at the centroid of the cross section if the cross sectional area is less 
than 4.647 m2 (50 ft.2) or at a point no closer to the wall 
than 0.914 m (3 ft.) if the cross sectional area is 4.647 m2 (50 
ft.2) or more. The monitor sample point shall be in an area of 
small spatial concentration gradient and shall be representative of the 
concentration in the duct.
    (vi) The measurement system(s) installed and used pursuant to this 
section shall be subjected to the manufacturer's recommended zero 
adjustment and calibration procedures at least once per 24-hour 
operating period unless the manufacturer specifies or recommends 
calibration at shorter intervals, in which case such specifications or 
recommendations shall be followed. Records of these procedures shall be 
made which clearly show instrument readings before and after zero 
adjustment and calibration.
    (vii) Six-hour average sulfur dioxide emission rates shall be 
calculated in accordance with paragraph (d)(5) of this section, and 
recorded daily.
    (viii) The owner or operator of the smelter subject to this 
paragraph shall maintain a record of all measurements required by this 
paragraph. Measurement results shall be expressed as pounds of sulfur 
dioxide emitted per six hour period. A 6-hour average value calculated 
pursuant to paragraph (d)(5)(i) of this section shall be reported as of 
each hour for the preceding 6-hour period. Results shall be summarized 
monthly and shall be submitted to the Administrator within fifteen (15) 
days after the end of each month. A record of such measurements shall be 
retained for at least two years following the date of such measurements.
    (ix) The continuous monitoring and recordkeeping requirements of 
this paragraph shall become applicable nine months after the effective 
date of this regulation.

[[Page 637]]

    (5) (i) Compliance with the requirements of paragraph (d)(2) of this 
section shall be determined using the continuous measurement system(s) 
installed, calibrated, maintained and operated in accordance with the 
requirements of paragraph (d)(4) of this section. For all stacks 
equipped with the measurement system(s) required by paragraph (d)(4) of 
this section, a 6-hour average sulfur dioxide emission rate shall be 
calculated as of the end of each clock hour, for the preceding six 
hours, in the following manner:
    (a) Divide each 6-hour period into 24 15-minute segments.
    (b) Determine on a compatible basis a sulfur dioxide concentration 
and stack gas flow rate measurement for each 15-minute period for each 
affected stack. These measurements may be obtained either by continuous 
integration of sulfur dioxide concentration and stack gas flow rate 
measurements (from the respective affected facilities) recorded during 
the 15-minute period or from the arithmetic average of any number of 
sulfur dioxide concentration and stack gas flow readings equally spaced 
over the 15-minute period. In the later case, the same number of 
concentration readings shall be taken in each 15-minute period and the 
readings shall be similarly spaced within each 15-minute period.
    (c) Calculate the arithmetic average (lbs SO2/hr) from all 24 
emission rate measurements in each 6-hour period for each stack.
    (d) Total the average sulfur dioxide emission rates for all affected 
stacks.
    (ii) Notwithstanding the requirements of paragraph (d)(5)(i) of this 
section, compliance with the requirements of paragraph (d)(2) of this 
section shall also be determined by using the methods described below at 
such times as may be specified by the Administrator. For all stacks 
equipped with the measurement system(s) required by paragraph (d)(4) of 
this section, a 6-hour average sulfur dioxide emission rate (lbs 
SO2/hr) shall be determined as follows:
    (a) The test of each stack emission rate shall be conducted while 
the processing units vented through such stack are operating at or above 
the maximum rate at which they will be operated and under such other 
conditions as the Administrator mayspecify.
    (b) Concentrations of sulfur dioxide in emissions shall be 
determined by using Method 8 as described in part 60 of this chapter. 
The analytical and computational portions of Method 8 as they relate to 
determination of sulfuric acid mist and sulfur trioxide as well as 
isokinetic sampling may be omitted from the over-all test procedure.
    (c) Three independent sets of measurements of sulfur dioxide 
concentrations and stack gas volumetric flow rates shall be conducted 
during three 6-hour periods for each stack. Each 6-hour period will 
consist of three consecutive 2-hour periods. Measurements of emissions 
from all stacks on the smelter premises need not be conducted 
simultaneously. All tests must be completed within a 72-hour period.
    (d) In using Method 8, traversing shall be conducted according to 
Method 1 as described in part 60 of this chapter. The minimum sampling 
volume for each two hour test shall be 40 ft3 corrected to standard 
conditions, dry basis.
    (e) The volumetric flow rate of the total effluent from each stack 
evaluated shall be determined by using Method 2 as described in part 60 
of this chapter and by traversing according to Method 1. Gas analysis 
shall be performed by using the integrated sample technique of Method 4 
as described inpart 60 of this chapter except that stack gases arising 
only from a sulfuric acid production unit may be considered to have zero 
moisture content.
    (f) The gas sample shall be extracted at a rate proportional to the 
gas velocity at the sampling point.
    (g) For each two hour test period, the sulfur dioxide emission rate 
for each stack shall be determined by multiplying the stack gas 
volumetric flow rate (ft3/hr at standard conditions, dry basis) by 
the sulfur dioxide concentration (lb/ft3 at standard conditions, 
dry basis). The emission rate in lbs/hr-maximum 6-hour average for each 
stack is determined by calculating the arithmetic average of the results 
of the three 2-hour tests.
    (h) The sum total of sulfur dioxide emissions from the smelter 
premises in lbs/hr is determined by adding together

[[Page 638]]

the emission rates (lbs/hr) from all stacks equipped with the 
measurement system(s) required by paragraph (d)(4) of this section.
    (e) Alternate regulation for control of sulfur dioxide emissions 
(Nevada Intrastate Region). (1) The owner or operator of the Kennecott 
Copper Company smelter located in White Pine County, Nevada, in the 
Nevada Intrastate Air Quality Control Region may apply to the 
Administrator for approval to meet the requirements of this paragraph. 
Upon such approval, granted pursuant to paragraph (e)(3) of this 
section, the requirements of paragraph (d) shall not be applicable 
during the period of such approval, and all requirements of this 
paragraph shall apply.
    (2) All terms used in this paragraph but not specifically defined 
below shall have the meaning given them in the Act, part 51 or 
Sec. 52.01 of this chapter.
    (i) The term ``supplementary control system'' means any system which 
limits the amount of pollutant emissions during periods when 
meteorological conditions conducive to ground-level concentrations in 
excess of national standards exist or are anticipated.
    (ii) The term ``ambient air quality violation'' means any single 
ambient concentration of sulfur dioxide that exceeds any National 
Ambient Air Quality Standard for sulfur dioxide at any point in a 
designated liability area, as specified in paragraph(e)(8) of this 
section.
    (iii) The term ``isolated source'' means a source that will assume 
legal responsibility for all violations of the applicable national 
standards in its designated liability area, as specified in paragraph 
(e)(8) of this section.
    (iv) The term ``designated liability area'' means the geographic 
area within which emissions from a source may significantly affect the 
ambient air quality.
    (3)(i) The application for permission to comply with this paragraph 
shall be submitted to the Administrator no later than sixty (60) days 
following the effective date of this paragraph and shall include the 
following:
    (a) A short description of the type and location of the smelter; the 
process, equipment, raw materials and fuels used; the stacks employed; 
and emissions to the atmosphere from various points on the smelter 
premises.
    (b) A general description and the location of other sources of air 
pollution and of the uses of land, and the topography in the vicinity of 
the smelter.
    (c) A summary of all ambient air quality data in the vicinity of the 
smelter collected by or under contract to smelter.
    (d) A description of the methods of constant emission reduction that 
are or will be applied and the degree of emission reduction achieved or 
expected due to their application.
    (e) A description of the investigations that the owner or operator 
has made, and the results thereof, as to the availability of constant 
emission reduction methods that would meet the requirements of paragraph 
(d)(2) of this section and a discussion of the reasons why 
anypotentially available methods cannot reasonably be used.
    (f) A specific description of the research, investigations, or 
demonstrations that the owner or operator will conduct or support for 
the purpose of developing constant emission reduction technology 
applicable to the smelter. Such description shall include the resources 
to be committed, qualifications of the participants, a description of 
the facilities to be utilized and milestone dates.
    (g) A detailed description of all other measures the owner or 
operator will apply, in addition to those described in paragraph 
(e)(3)(i)(d) of this section, to provide for attainment and maintenance 
of the air quality standards. These measures include but need not be 
limited to supplementary control systems, tall stacks and other 
dispersion techniques. Each measure to be applied shall be described in 
sufficient detail to allow the Administrator to determine its 
effectiveness in reducing ambient concentrations.
    (h) A written commitment by the owner or operator of the source 
subject to this paragraph agreeing to assume liability for all 
violations of National Ambient Air Quality Standards within the 
designated liability area.
    (i) Such other pertinent information as the Administrator may 
require.

[[Page 639]]

    (ii) Upon receipt of the information specified in paragraph 
(e)(3)(i) of this section, and after making a determination of its 
adequacy, the Administrator promptly shall, after thirty (30) days 
notice, conduct a public hearing on the application submitted by the 
owner or operator. The Administrator shall make available to the public 
the information contained in the application. Within thirty (30) days 
after the hearing, the Administrator shall notify the owner or operator 
of the smelter and other interested parties of his decision as to 
whether to grant or deny the application. If he denies the application, 
he will set forth his reasons. If he approves the application the owner 
or operator shall comply with all provisions of paragraph (e) of this 
section and need not comply with provisions of paragraph (d) of this 
section except as provided in paragraph (e)(16) of this section.
    (iii) Approval of the application to abide by the provisions of 
paragraph (e) will be granted if it can be satisfactorily demonstrated 
to the Administrator that control measures in addition to the available 
constant emission controls are required and if the specific measures 
submitted pursuant to paragraph (e)(3)(i)(g) of this section will 
provide for the attainment and maintenance of the National Ambient Air 
Quality Standards.
    (4) (i) The owner or operator of the smelter subject to this 
paragraph shall not discharge or cause the discharge of sulfur dioxide 
into the atmosphere in excess of:
    (a) 2,600 parts per million-maximum 6-hour average, from any single 
absorption sulfuric acid producing facility designed for the removal of 
sulfur dioxide, as determined by the method specified in paragraph 
(e)(6) (i) or (iii) of this section,and
    (b) 29,000 pounds per hour (13,154 kg/hr) maximum 6-hour average, as 
determined by the method specified in paragraph (e)(6) (ii) or (iv) of 
this section. Such limitation shall apply to the sum total of sulfur 
dioxide emissions from the smelter processing units and sulfur oxides 
control and removal equipment but not including uncaptured fugitive 
emissions and those emissions due solely to use of fuel for space 
heating or steam generation.
    (ii) All emissions from the converters, with the exception of the 
uncaptured fugitive emissions, shall be processed through a facility for 
the removal of sulfur dioxide which meets the requirements of paragraph 
(e)(4)(i)(a) of this section.
    (5) (i) The owner or operator of the smelter to which this paragraph 
is applicable shall install, calibrate, maintain and operate a 
measurement system(s) for continuously monitoring sulfur dioxide 
emissions and stack gas volumetric flow rates in each stack which emits 
5 percent or more of the total potential (without emission controls) 
hourly sulfur oxide emissions from the source. For the purpose of this 
paragraph, ``continuous monitoring'' means taking and recording of at 
least one measurement of sulfur dioxide concentration and stack gas flow 
rate reading from the effluent of each affected stack in each 15-minute 
period.
    (ii) No later than the date specified in paragraph (e)(14)(i)(b)(5) 
of this section and at such other times in the future as the 
Administrator may reasonably specify, the sulfur dioxide concentration 
measurement system(s) installed and used pursuant to this paragraph 
shall be demonstrated to meet the measurement system performance 
specifications prescribed in Appendix D to this part.
    (iii) No later than the date specified in paragraph (e)(14)(i)(b)(5) 
of this section and at such other times in the future as the 
Administrator may reasonably specify, the stack gas volumetric flow rate 
measurement system(s) installed and used pursuant to this paragraph 
shall be demonstrated to meet the measurement system performance 
specifications prescribed in Appendix E to this part.
    (iv) The Administrator shall be notified at least 10 days in advance 
of the start of the field test period required in Appendices D and E to 
this part to afford the Administrator the opportunity to have an 
observer present.
    (v) The sampling point for monitoring emissions shall be in the duct 
at the centroid of the cross section if the cross sectional area is less 
than 4.647

[[Page 640]]

m2 (50 ft2) or at a point no closer to the wall than 0.914 m 
(3 ft) if the cross sectional area is 4.647 m2 (50 ft2) or 
more. The monitor sample point shall be an area of small spatial 
concentration gradient and shall be representative of the concentration 
in the duct.
    (vi) The measurement system(s) installed and used pursuant to this 
section shall be subjected to the manufacturer's recommended zero 
adjustment and calibration procedures at least once per 24-hour 
operating period unless the manufacturer specifies or recommends 
calibration at shorter intervals, in which case such specifications or 
recommendations shall be followed. Records of these procedures shall be 
made which clearly show instrument readings before and after zero 
adjustment and calibration.
    (vii) Six-hour average sulfur dioxide concentration and emission 
rates shall be calculated in accordance with paragraph (e)(6) of this 
section and recorded daily.
    (viii) The owner or operator of the smelter subject to this 
paragraph shall maintain a record of all measurements required by this 
paragraph. Measurement results shall be expressed in the units 
prescribed by the emission limitations in paragraph (e)(4) of this 
section. Six-hour average values calculated pursuant to paragraphs 
(e)(6) (i) and (ii) of this section shall be reported as of each hour 
for the preceding six hours. The results shall be summarized monthly and 
shall be submitted to the Administrator within fifteen (15) days of the 
end of each month. A record of such measurements shall be retained for 
at least two years following the date of such measurements.
    (6) (i) Compliance with the requirements of paragraph (e)(4)(i)(a) 
of this section shall be determined using the continuous measurements 
system(s) installed, calibrated, maintained and operated in accordance 
with the requirements of paragraph (e)(5) of this section. For the 
stack(s) equipped with the measurement system(s) required by paragraph 
(e)(5) of this section and serving the sulfur dioxide removal device a 
6-hour average sulfur dioxide concentration shall be calculated as of 
the end of each clock hour for the preceding six hours, in the following 
manner:
    (a) Divide each 6-hour period into twenty-four 15-minute segments.
    (b) Determine on a compatible basis a sulfur dioxide concentration 
measurement for each 15-minute period. These measurements may be 
obtained either by continuous integration of all measurements (from the 
respective affected facility) recorded during the 15-minute period or 
from the arithmetic average of any number of sulfer dixide concentration 
redings equally spaced over the 15-minute period. In the latter case, 
the same number of concentration readings shall be taken in each 15-
minute period and the readings shall be similarly spaced within each 15-
minute period.
    (c) Calculate the arithmetic average of all 24 concentration 
measurements in each 6-hour period.
    (ii) Compliance with the requirements of paragraph (e)(4)(i)(b) of 
this section shall be determined using the continuous measurement 
system(s) installed, calibrated, maintained and operated in accordance 
with the requirements of paragraph (e)(5) of this section. For all 
stacks equipped with the measurement system(s) required by paragraph 
(e)(5) of this section, a 6-hour average sulfur dioxide emission rate 
shall be calculated as of the end of each clock hour for the preceding 
six hours, in the following manner:
    (a) Divide each 6-hour period into twenty-four 15-minute segments.
    (b) Determine on a compatible basis a sulfur dioxide concentration 
and stack gas flow rate measurement for each 15-minute period for each 
affected stack. These measurements may be obtained either by continuous 
integration of sulfur dioxide concentrations and stack gas flow rate 
measurements (from the respective affected facilities) recorded during 
the 15-minute period or from the arithmetic average of any number of 
sulfur dioxide concentration and stack gas flow rate readings equally 
spaced over the 15-minute period. In the latter case, the same number of 
concentration readings shall be taken in each 15-minute period and the 
readings shall be similarly spaced within each 15-minute period.

[[Page 641]]

    (c) Calculate the arithmetic average (lbs SO2/hr) of all 24 
emission rate measurements in each 6-hour period for each stack.
    (d) Total the average sulfur dioxide emission rates for all affected 
stacks.
    (iii) Notwithstanding the requirements of paragraph (e)(6)(i) of 
this section, compliance with the requirements of paragraph (e)(4)(i)(a) 
of this section shall also be determined by using the methods described 
below at such times as may be specified by the Administrator. For each 
stack serving any process designed for the removal of sulfur dioxide a 
6-hour average sulfur dioxide concentration shall be determined as 
follows:
    (a) The test of each stack emission concentration shall be conducted 
while the processing units vented through such stack are operating at or 
above the maximum rate at which such will be operated and under such 
other conditions as the Administrator may specify.
    (b) Concentrations of sulfur dioxide in emissions shall be 
determined by using Method 8 as described in part 60 of this chapter. 
The analytical and computational portions of Method 8 as they relate to 
determination of sulfuric acid mist and sulfur trioxide as well as 
isokinetic sampling may be omitted from the over-all test procedure.
    (c) Three independent sets of measurements of sulfur dioxide 
concentration shall be conducted during three 6-hour periods of each 
stack. Each 6-hour period will consist of three consecutive 2-hour 
periods. Measurements of emissions from all stacks on the smelter 
premises need not be conducted simultaneously. All tests must be 
completed within a 72-hour period.
    (d) In using Method 8, traversing shall be conducted according to 
Method 1 as described in part 60 of this chapter. The minimum sampling 
volume for each two hour test shall be 40 ft3 corrected to standard 
conditions, dry basis.
    (e) The velocity of the total effluent from each stack evaluated 
shall be determined by using Method 2 as described in part 60 of this 
chapter and traversing according to Method 1. Gas analysis shall be 
performed by using the integrated sample technique of Method 3 as 
described in part 60 of thi8s chapter. Moisture content can be 
considered to be zero.
    (f) The gas sample shall be extracted at a rate proportional to gas 
velocity at the sampling point.
    (g) The sulfur dioxide concentration in parts per million-maximum 6-
hour average for each stack is determined by calculating the arithmetic 
average of the results of the three 2-hour tests.
    (iv) Notwithstanding the requirements of paragraph (e)(6)(ii) of 
this section, compliance with the requirements of paragraph (e)(4)(i)(b) 
of this section shall also be determined by using the methods described 
below at such times as may be specified by the Administrator. For all 
stacks equipped with the measurement system(s) required by paragraph 
(e)(5) of this section, a 6-hour average sulfur dioxide emission rate 
(lbs SO2/hr) shall be determined as follows:
    (a) The test of each stack emission rate shall be conducted while 
the processing units vented through such stack are operating at or above 
the maximum rate at which they will be operated and under such other 
conditions as the Administrator shall specify.
    (b) Concentrations of sulfur dioxide in emissions shall be 
determined by using Method 8 as described in part 60 of this chapter. 
The analytical, and computational portions of Method 8 as they relate to 
determination of sulfuric acid mist and sulfur trioxide as well as 
isokinetic sampling may be omitted from the over-all test procedure.
    (c) Three independent sets of measurements of sulfur dioxide 
concentrations and stack gas volumetric flow rates shall be conducted 
during three consecutive 2-hour periods for each stack. Measurements 
need not necessarily be conducted simultaneously of emissions from all 
stacks on the smelter premises.
    (d) In using Method 8, Traversing shall be conducted according to 
Method 1 as described in part 60 of this chapter. The minimum sampling 
volume for each 2-hour test shall be 40 ft3 corrected to standard 
conditions, dry basis.
    (e) The volumetric flow rate of the total effluent from each stack 
evaluated shall be determined by using

[[Page 642]]

Method 2 as described in part 60 of this chapter and by traversing 
according to Method 1. Gas analysis shall be performed by using the 
integrated sample technique of Method 3 as described in part 60 of this 
chapter. Moisture content shall be determined by use of Method 4 as 
described in part 60 of this chapter except that stack gases arising 
only from a sulfuric acid production unit may be considered to have zero 
moisture content.
    (f) The gas sample shall be extracted at a rate proportional to the 
gas velocity at the sampling point.
    (g) For each 2-hour test period, the sulfur dioxide emission rate 
for each stack shall be determined by multiplying the stack gas 
volumetric flow rate (ft3/hr at standard conditions, dry basis) by 
the sulfur dioxide concentration (lb/ft3 at standard conditions, 
dry basis). The emission rate in lbs/hr-maximum 6-hour average for each 
stack is determined by calculating the arithmetic average of the results 
of the three 2-hour tests.
    (h) The sum total of sulfur dioxide emissions from the smelter 
premises in lbs/hr is determined by adding together the emission rates 
(lbs/hr) from all stacks equipped with the measurement system(s) 
required by paragraph (e)(5) of this section.
    (7) The owner or operator of the smelter subject to this paragraph, 
in addition to meeting the emission limitation requirements of paragraph 
(e)(4) of this section, shall employ supplementary control systems and/
or such additional control measures as may be necessary to assure the 
attainment and maintenance of the National Ambient Air Quality Standards 
for sulfur dioxide.
    (i) Such measures will be limited to those specified in the 
application submitted pursuant to paragraph (e)(3)(i)(g) of this 
section.
    (ii) Sulfur oxides emissions shall be curtailed whenever the 
potential for violating any National Ambient Air Quality Standard for 
sulfur dioxide is indicated at any point in a designated liability area 
by either of the following:
    (a) Air quality measurement.
    (b) Air quality prediction.
    (8) (i) For the purposes of this paragraph the designated liability 
area shall be a circle with a radius of fifteen (15) statute miles (24 
km) with the center point of such circle coinciding with the tallest 
stack serving the affected facility. The owner or operator of the 
smelter subject to this paragraph may submit a detailed report which 
justifies redefining the designated liability area specified by the 
Administrator. Such a justification shall be submitted with the 
application submitted pursuant to paragraph (e)(3)(i) of this section 
and shall describe and delineate the requested designated liability area 
and discuss in detail the method used and the factors taken into account 
in the development of such area. Upon receipt and evaluation of such 
report, and after the public hearing described in paragraph (e)(3)(ii) 
of this section, the Administrator shall issue his final determination.
    (ii) If new information becomes available which demonstrates that 
the designated liability area should be redefined, the Administrator 
shall consider such and if appropriate, after notice and comment, 
redefine the designated liability area.
    (9) (i) The owner or operator of the smelter subject to the 
paragraph shall submit with the application submitted pursuant to 
paragraph (e)(3)(i) of this section, a detailed plan for the 
establishment of a supplementary control system and/or such other 
measures as may be proposed. Such plan shall describe all air quality 
and emission monitoring and meteorological equipment to be used, 
including instruments installed pursuant to paragraph (e)(5) of this 
section for continuously monitoring and recording sulfur dioxide 
emissions and stack gas flow rate, the methods that will be used to 
determine emission rates to be achieved in association with various 
meteorological and air quality situations, and the general plan of 
investigations to be followed in developing the system and the 
operational manual.
    (ii) Such plan shall include detailed specifications of any 
modifications to existing equipment including new stacks, stack 
extensions, stack heating systems or any process changes to be applied.

[[Page 643]]

    (iii) The monitoring described in the detailed plan submitted in 
accordance with this subparagraph and the appropriate recordkeeping 
requirements of paragraph (e)(12) of this section shall commence and 
become applicable as of the date specified in paragraph (e)(14)(i)(b)(5) 
of this section.
    (10) The owner or operator of the smelter subject to this paragraph 
shall submit to the Administrator a comprehensive report of a study 
which demonstrates the capability of the supplementary control system, 
in conjunction with any other control measures, to reduce air pollution 
levels. The report shall describe a study conducted during a period of 
at least 120 days during which the supplementary control system was 
being developed and operated and shall be submitted no later than the 
date specified in paragraph (e)(14)(i)(b)(6) of this section. The report 
shall:
    (i) Describe the emission monitoring system and the air quality 
monitoring network.
    (ii) Describe the meteorological sensing network and the 
meteorological prediction program.
    (iii) Identify the frequency, characteristics, times of occurrence 
and durations of meteorological conditions associated with high ground-
level concentrations.
    (iv) Describe the methodology (e.g., disperson modeling and measured 
air quality data) by which the source determines the degree of control 
needed under each meteorological situation.
    (v) Describe the method chosen to vary the emission rate, the basis 
for the choice, and the time required to effect a sufficient reduction 
in the emission rate to avoid violations of National Ambient Air Quality 
Standards.
    (vi) Contain an estimate of the frequency that emission rate 
reduction is required to prevent National Ambient Air Quality Standards 
from being exceeded and the basis for the estimate.
    (vii) Include data and results of objective reliability tests. 
``Reliability,'' as the term is applied here, refers to the ability of 
the supplementary control system to protect against violations of the 
National Ambient Air Quality Standards.
    (viii) Demonstrate that the supplementary control system and other 
measures expected to be employed after the date specified in paragraph 
(e)(14)(i)(b)(6) of this section will result in attainment and 
maintenance of National Ambient Air Quality Standards.
    (11) The owner or operator of the smelter subject to this paragraph 
shall submit to the Administrator an operational manual for the 
supplementary control system. Such manual shall be submitted no later 
than the date specified in paragraph (e)(14)(i)(b)(6) of this section 
and is subject to the approval of the Administrator as satisfying the 
specific requirements of this paragraph. Such approval shall not relieve 
the owner or operator of the smelter subject to this paragraph from its 
assumed liability for violations of any National Ambient Air Quality 
Standards for sulfur oxides in the designated liability area. Prior to 
making his final decision, the Administrator shall, after reasonable 
notice, provide an opportunity of not less than forty-five (45) days for 
public inspection and comment upon the manual. Such manual shall:
    (i) Specify the number, type, and location of ambient air quality 
monitors, instack monitors and meteorological instruments to be used.
    (ii) Describe techniques, methods, and criteria to be used to 
anticipate the onset of meteorological situations associated with 
ground-level concentrations in excess of National Ambient Air Quality 
Standards and to systematically evaluate and, as needed, improve the 
reliability of the supplementary control system.
    (iii) Describe the criteria and procedures that will be used to 
determine the degree of emission control needed for each class of 
meteorological and air quality situations.
    (iv) Specify maximum emission rates which may prevail during all 
probable meteorological and air quality situations, which rates shall be 
such that National Ambient Air Quality Standards will not be exceeded in 
the designated liability area. Such emission rates shall be determined 
by in-stack monitors. Data from such monitors shall be the basis for 
determining whether the emission rate provisions of

[[Page 644]]

the approved operational manual are adhered to.
    (v) Describe specific actions that will be taken to curtail 
emissions when various meteorological conditions described in paragraph 
(c)(11)(ii) of this section exist or are predicted and/or when specified 
air quality levels occur.
    (vi) Identify the company personnel responsible for initiating and 
supervising the actions that will be taken to curtail emissions. Such 
personnel must be responsible, knowledgeable and able to apprise the 
Administrator of the status of the supplementary control system at any 
time the source is operating.
    (vii) Be modified only if approval by the Administrator is first 
obtained.
    (12) The owner or operator of the smelter subject to this paragraph 
shall:
    (i) Maintain, in a usable manner, records of all measurements and 
reports prepared as part of the supplementary control system described 
in the approved operational manual. Such records shall be retained for 
at least two years.
    (ii) Submit, on a monthly basis, the hour by hour measurements made 
of air quality, emissions and meteorological parameters, and all other 
measurements made on a periodic basis, as part of the approved 
supplementary control system.
    (iii) Submit a monthly summary indicating all places, dates, and 
times when National Ambient Air Quality Standards for sulfur oxides were 
exceeded and the concentrations of sulfur dioxide at such times.
    (iv) Notify the Administrator of any violation of National Ambient 
Air Quality Standards within 24 hours of the occurrence of such 
violation.
    (v) Submit a monthly summary report describing and analyzing how the 
supplementary control system was operated as related to the approved 
operations manual and how the system will be improved, if necessary, to 
prevent violations of the National Ambient Air Quality Standards for 
sulfur oxides or to prevent any other conditions which are not in 
accordance with the approved operational manual.
    (13)(i) The owner or operator of the smelter subject to this 
paragraph shall participate in a research program to develop and apply 
constant emission reduction technology adequate to attain and maintain 
the national standards. Such program shall be carried out in accordance 
with the plan submitted pursuant to paragraph (e)(3)(i)(f) of this 
section.
    (ii) The owner or operator of the smelter subject to this paragraph 
shall submit annual reports on the progress of the research and 
development program required by paragraph (e)(13)(i) of this section. 
Each report shall also include, but not be limited to, a description of 
the projects underway, information on the qualifications of the 
personnel involved, information on the funds and personnel that have 
been committed, and an estimated date for the installation of the 
constant emission reduction technology necessary to attain and maintain 
the National Ambient Air Quality Standards.
    (14) (i) The owner or operator of the smelter subject to this 
paragraph shall comply with the compliance schedules specified below.
    (a) Compliance schedule for meeting the emission reduction 
requirements of paragraph (e)(4) of this section:
    (1) No later than thirty (30) days after the date of approval to 
meet the requirements of this paragraph--submit a final plan and 
schedule to the Administrator for meeting the requirements of paragraph 
(e)(4) of this section.
    (2) No later than thirty (30) days after the date of approval to 
meet the requirements of this paragraph--let contracts or issue purchase 
order for emission control systems or process modifications or provide 
evidence that such contracts have been let.
    (3) July 1, 1975. Initiate on-site construction or installation of 
emission control equipment or process change.
    (4) July 1, 1976. Complete on-site construction or installation of 
constant emission control equipment or process change.
    (5) January 1, 1977. Achieve final compliance with the requirements 
of paragraph (4) of this paragraph (e)(14)(i)(a).
    (b) Compliance schedule for implementing a supplementary control 
system or other measures which meet the

[[Page 645]]

requirements of paragraphs (e) (7), (9), (10), and (11) of this section.
    (1) No later than sixty (60) days after approval to meet the 
requirements of this paragraph--submit to the Administrator a detailed 
schedule for establishment and implementation of the supplementary 
control system and other measures in accordance with paragraph (e)(9) of 
this section.
    (2) No later than ninety (90) days after approval to meet the 
requirements of this paragraph--let contracts or issue purchase orders, 
or provide evidence that such contracts have been let, for ambient air 
quality monitors, meteorological instruments, and other component parts 
necessary to establish a supplementary control system.
    (3) No later than ninety (90) days after approval to meet the 
requirements of this paragraph--let contracts or issue purchase orders, 
or provide evidence that such contracts have been let, for any stack 
extensions or modifications of equipment approved pursuant to paragraph 
(e)(3) of this section.
    (4) November 1, 1975. Complete installation of air quality and 
emission monitors and meteorological equipment.
    (5) January 1, 1976. Complete installation of any stack extensions 
or modifications of equipment approved pursuant to paragraph (e)(3) of 
this section.
    (6) May 1, 1976. Submit to the Administrator the comprehensive 
report on the supplementary control system required by paragraph (e)(10) 
of this section, and submit to the Administrator for his approval the 
operational manual required by paragraph (e)(11) of this section.
    (7) January 1, 1977. The National Ambient Air Quality Standards for 
sulfur dioxide shall not be violated in the designated liability area.
    (ii) Any owner or operator subject to the requirements of this 
subparagraph shall certify to the Administrator within five (5) days 
after the deadline for each increment of progress whether or not the 
required increment of progress has been met.
    (iii) Notice must be given to the Administrator at least ten (10) 
days prior to conducting a performance test to afford him the 
opportunity to have an observer present.
    (iv) If the source subject to this paragraph is presently in 
compliance with any of the increments of progress set forth in this 
paragraph, the owner or operator of such source shall certify such 
compliance to the Administrator within thirty (30) days of the effective 
date of this paragraph. The Administrator may request whatever 
supporting information he considers necessary to determine the validity 
of the certification.
    (v) The owner or operator of the smelter subject to this paragraph 
may submit to the Administrator proposed alternative compliance 
schedules. Each such proposed compliance schedule shall be submitted 
with the application submitted pursuant to paragraph (e)(3)(i) of this 
section. No such compliance schedule may provide for final compliance 
after January 1, 1977. If approved by the Administrator, such schedule 
shall replace the compliance schedule set forth in this paragraph.
    (vi) Any such compliance schedule submitted to the Administrator 
shall provide for increments of progress toward compliance. The dates 
for achievement of such increments of progress shall be specified. 
Increments of progress shall include, but not be limited to, the 
increments specified in the appropriate compliance schedule set forth in 
paragraphs (e)(14)(i) (a) and (b) of this section.
    (15) (i) The Administrator shall annually review the supplementary 
control system and shall deny continued use of the supplementary control 
system if he determines that:
    (a) The review indicates that constant emission control technology 
has become available or that other factors which may bear on the 
conditions for use of a supplementary control system have changed to the 
extent that continued use of the supplementary control system would no 
longer be deemed approvable within the intent of paragraph (e)(3) of 
this section; or
    (b) The source owner or operator has not demonstrated good faith 
efforts to follow the stated program for developing constant emission 
reduction procedures; or
    (c) The source owner or operator has not developed and employed a 
control program that is effective in preventing

[[Page 646]]

violations of National Ambient Air Quality Standards.
    (ii) Prior to denying the continued use of a supplementary control 
system pursuant to paragraph (e)(15)(i) of this section, the 
Administrator shall notify the owner or operator of the smelter subject 
to this paragraph of his intent to deny such continued use, together 
with:
    (a) The information and findings on which such intended denial is 
based.
    (b) Notice of opportunity for such owner or operator to present, 
within thirty (30) days, additional information or arguments to the 
Administrator prior to his final determination.
    (iii) The Administrator shall notify the owner or operator of the 
smelter subject to this paragraph of his final determination within 
thirty (30) days after the presentation of additional information or 
arguments, or thirty (30) days after the final datee specified for such 
presentation if no presentation is made. If the continued usee of the 
supplementary control system is denied, the final determination shall 
set forth the specific grounds for such denial.
    (16) Upon denial of the continued use of a supplementary control 
system pursuant to paragraph (e)(15) of this section all the 
requirements of paragraph (d) of this section shall be immediately 
applicable to the owner or operator of the Kennecott Copper Company 
smelter located in White Pine County, Nevada, in the Nevada Intrastate 
Region and compliance therewith shall be achieved in accordance with 
such schedule as the Administrator shall order.
    (17) The owner or operator of the smelter subject to this paragraph 
shall be in violation of a requirement of an applicable implementation 
plan and subject to the penalties specified in section 113 of the Clean 
Air Act if:
    (i) An increment of the compliance schedules set forth in paragraph 
(e)(14) of this section is not met by the date specified; or
    (ii) The total sulfur dioxide concentration determined according to 
paragraph (e)(6) (i) or (iii) of this section exceeds the emission 
limitation set forth in paragraph (e)(4)(i)(a) of this section; or
    (iii) The total sulfur dioxide emission rate determined according to 
paragraph (e)(6) (ii) or (iv) of this section exceeds the emission 
limitation set forth in paragraph (e)(4)(i)(b) of this section; or
    (iv) Any National Ambient Air Quality Standards for sulfur oxides 
are violated in the designated liability area; or
    (v) Operations of the supplementary control system are not conducted 
in accordance with the approved operational manual; or
    (vi) Such owner or operator fails to submit any of the information 
required by this paragraph.

[40 FR 5511, Feb. 6, 1975, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.1476   Control strategy: Particulate matter.

    (a) The requirements of subpart G of this chapter are not met since 
the plan does not provide for the attainment and maintenance of the 
national standards for particulate matter in the Northwest Nevada and 
Nevada Intrastate Regions.
    (b) The following rule and portions of the control strategy are 
disapproved since they do not provide the degree of control needed to 
attain and maintain the National Ambient Air Quality Standards for 
particulate matter.
    (1) NAQR Article 7.2.7, Particulate Matter; Table 4.2, Emissions 
Inventory Summary for Particulates and Table 5.2, Summary of Control 
Strategy Analysis for Particulates, from the Nevada Control Strategy, 
submitted on October 7, 1976.
    (c) The following rules are disapproved because they relax the 
emission limitation on particulate matter.
    (1) Clark County District Board of Health, Table 27.1, (Particulate 
Matter from Process Matter), submitted on July 24, 1979.
    (2) Nevada Air Quality Regulations, Article 4, Rule 4.34, (Visible 
Emission from Stationary Sources), submitted on December 29, 1978, and 
Rule 4.3.6, (Visible Emission from Stationary Sources), submitted on 
June 24, 1980.

[37 FR 10877, May 31, 1972, as amended at 45 FR 8011, Feb. 6, 1980; 46 
FR 43142, Aug. 27, 1981; 51 FR 40676, Nov. 7, 1986]

[[Page 647]]



Sec. 52.1477  Nevada air pollution emergency plan.

    Section 6.1.5 of the Emergency Episode Plan submitted on December 
29, 1978 is disapproved since termination of the episode is left to the 
discretion of the Control Officer and not specified criteria and it does 
not meet the requirements of 40 CFR 51.16 and Appendix L. The old rule 
6.1.5 submitted on January 28, 1972 is retained.

[45 FR 46385, July 10, 1980]
Sec. 52.1478  [Reserved]



Sec. 52.1479   Source surveillance.

    (a) The requirements of Sec. 51.211 of this chapter are not met, 
except in Clark County, since the plan does not provide adequate legally 
enforceable procedures for requiring owners or operators of stationary 
sources to maintain records of, and periodically report, information on 
the nature and amount of emissions.
    (b) The requirements of Sec. 51.214 of this chapter are not met 
since the plan does not provide adequate legally enforceable procedures 
to require stationary sources subject to emission standards to submit 
information relating to emissions and operation of the emission monitors 
to the State as specified in Appendix P of part 51.

[37 FR 10878, May 31, 1972, as amended at 38 FR 12709, May 14, 1973; 40 
FR 55331, Nov. 28, 1975; 43 FR 36933, Aug. 21, 1978; 51 FR 40677, Nov. 
7, 1986]
Secs. 52.1480--52.1481  [Reserved]



Sec. 52.1482   Compliance schedules.

    (a)--(b) [Reserved]
    (c) The compliance schedule revisions submitted for the sources 
identified below are disapproved as not meeting the requirement of 
subpart N of this chapter. All regulations cited are air pollution 
control regulations of the State, unless otherwise noted.

----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved        Date of adoption   
----------------------------------------------------------------------------------------------------------------
Jack N. Tedford, Inc.................  Fallon.................  Not given..............  Aug. 14, 1972.         
Basic, Inc...........................  Gabbs..................  Article 4..............  Feb. 13, 1973.         
                                                                Article 7..............  June 26, 1973.         
Duval Corp...........................  Battle Mountain........  Article 5..............  Feb. 13, 1973.         
Mohave Generating Station, Southern    Laughlin...............  Clark County, Section    Jan. 11, 1973.         
 California Edison Co.                                           16.                                            
                                                                Section 26.............  July 17, 1973.         
----------------------------------------------------------------------------------------------------------------

[39 FR 14209, Apr. 22, 1974, as amended at 40 FR 3995, Jan. 27, 1975; 51 
FR 40676, Nov. 7, 1986; 54 FR 25258, June 14, 1989]



Sec. 52.1483  Malfunction regulations.

    (a) The following regulations are disapproved because they would 
permit the exemption of sources from applicable emission limitations 
under certain situations and therefore they do not satisfy the 
enforcement imperatives of section 110 of the Clean Air Act.
    (1) Clark County District Board of Health
    (i) Section 25, Rules 25.1-25.1.4.

[49 FR 10259, Mar. 20, 1984]
Sec. 52.1484  [Reserved]



Sec. 52.1485  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan, except as it applies to the Clark 
County Health District, does not include approvable procedures for 
preventing the significant deterioration of air quality.
    (b) Regulation for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21(b) through (w) are incorporated 
and made a part of the applicable State plan for the State of Nevada 
except for that portion applicable to the Clark County Health District.
    (c) All applications and other information required pursuant to 
Sec. 52.21 from sources located in the jurisdiction of the State of 
Nevada shall be submitted to the Director, Department of Conservation 
and Natural Resources,

[[Page 648]]

201 South Fall Street, Carson City, Nevada instead of the EPA Region 9 
Office.

[47 FR 26621, June 21, 1982, as amended at 48 FR 28271, June 21, 1983]



Sec. 52.1486  Control strategy: Hydrocarbons and ozone.

    (a) The requirements of subpart G of this chapter are not met since 
the plan does not provide for the attainment and maintenance of the 
national standard for ozone in the Las Vegas Intrastate Region 
(Sec. 81.80 of this chapter).

[45 FR 67347, Oct. 10, 1980, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.1487  Public hearings.

    (a) The requirements of Sec. 51.102 (a) and (e) of this chapter are 
not met since NAQR, Article 2.11.4.2 allows variances (compliance 
schedules), to be renewed without a public hearing, thus allowing 
further postponement of the final compliance date for sources whose 
emissions contribute to violations of the national standards. Therefore, 
NAQR, Article 2.11.4.2 is disapproved.

[43 FR 1343, Jan. 24, 1978, as amended at 51 FR 40675, Nov. 7, 1986]



Sec. 52.1488  Visibility protection.

    (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 and new source review. The 
provisions of Secs. 52.26 and 52.28 are hereby incorporated and made a 
part of the applicable plan for the State of Nevada.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Nevada.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.1489  Particulate matter (PM-10) Group II SIP commitments.

    (a) On March 29, 1989, the Air Quality Officer for the State of 
Nevada submitted a revision to the State Implementation Plan for Battle 
Mountain that contains commitments, for implementing all of the required 
activities including monitoring, reporting, emission inventory, and 
other tasks that may be necessary to satisfy the requirements of the PM-
10 Group II SIPs.
    (b) The Nevada Division of Environmental Protection has committed to 
comply with the PM-10 Group II, State Implementation Plan (SIP) 
requirements.

[55 FR 18111, May 1, 1990]



                        Subpart EE--New Hampshire



Sec. 52.1519  Identification of plan--conditional approval.

    (a) The following plan revisions were submitted on the dates 
specified.
    (1) On January 12, 1993, the New Hampshire Department of 
Environmental Services submitted a small business stationary source 
technical and environmental compliance assistance program (PROGRAM). On 
May 19, 1994, New Hampshire submitted a letter deleting portions of the 
January 12, 1993 submittal. In these submissions, the State commits to 
designate a state agency to house the small business ombudsman and to 
submit adequate legal authority to establish and implement a compliance 
advisory panel and a small business ombudsman. Additionally, the State 
commits to have a fully operational PROGRAM by November 15, 1994.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Department of Environmental 
Services dated January 12, 1993 submitting a revision to the New 
Hampshire State Implementation Plan.
    (B) State Implementation Plan Revision for a Small Business 
Technical and Environmental compliance Assistance Program dated January 
12, 1993.
    (C) Letter from the New Hampshire Department of Environmental 
Services dated May 19, 1994 revising the January 12, 1993 submittal.
    (ii) Additional materials.
    (A) Non-regulatory portions of the State submittal.
    (2) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on February 28, 1994, April 19, 1994, 
April

[[Page 649]]

21, 1994, August 18, 1994, and letters dated May 19, 1994 and June 28, 
1994, submitted by the New Hampshire Air Resources Division.
    (i) Incorporation by reference.
    (A) Letters from the New Hampshire Air Resources Division dated 
February 28, 1994, April 19, 1994, April 21, 1994, and August 18, 1994.
    (B) Chapter 353 of the laws of 1993, An Act establishing an enhanced 
emissions inspection and maintenance program and requiring a diesel 
emissions study, effective July 3, 1993.
    (C) Enhanced Emissions Inspection and Maintenance Rules, New 
Hampshire Department of Safety, adopted February 17, 1994, effective 
January 1, 1995.
    (ii) Additional materials.
    (A) Nonregulatory portions of the letter with attachments from the 
New Hampshire Air Resources Division dated February 28, 1994
    (B) Nonregulatory portions of the letter with attachments from the 
New Hampshire Air Resources Division dated April 19, 1994.
    (C) Letter with attachments from the New Hampshire Air Resources 
Division dated April 21, 1994.
    (D) Letter from the New Hampshire Air Resources Division dated May 
19, 1994.
    (E) Letter with attachment from the New Hampshire Air Resources 
Division dated June 28, 1994.
    (F) Letter with attachments from the New Hampshire Air Resources 
Division dated August 18, 1994.
    (b)  [Reserved]
    (c)(1)-(2)  [Reserved]
    (3) Revision to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on June 14, 1995.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated June 
14, 1995, submitting a revision to the New Hampshire State 
Implementation Plan.

[59 FR 50506, Oct. 4, 1994, as amended at 59 FR 51517, Oct. 12, 1994; 60 
FR 47290, Sept. 12, 1995]



Sec. 52.1520   Identification of plan.

    (a) Title of plan: ``State of New Hampshire Implementation Plan.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory additions to the plan correcting 
minor deficiencies submitted on February 23, 1972, by the New Hampshire 
Air Pollution Control Agency.
    (2) Non-regulatory provisions for retention and availability of air 
quality data submitted on March 23, 1972, by the New Hampshire Air 
Pollution Control Agency.
    (3) Attainment dates of national primary and secondary air quality 
standards submitted on August 8, 1972, by the New Hampshire Air 
Pollution Control Agency.
    (4) Revision of regulation No. 5, section 111.A, limiting sulfur 
content of fuels submitted on September 26, 1972, by the New Hampshire 
Air Pollution Control Agency.
    (5) Compliance schedules submitted on February 14, 1973, by the New 
Hampshire Air Pollution Control Agency.
    (6) Compliance schedules submitted on March 22, 1973, by the New 
Hampshire Air Pollution Control Agency.
    (7) Revision exempting steam locomotives from the plan submitted on 
April 3, 1973, by the New Hampshire Air Pollution Control Agency.
    (8) Regulation No. 20 requiring review of indirect sources submitted 
on December 13, 1973, by New Hampshire Air Pollution Control Agency.
    (9) AQMA identification material submitted on May 20, 1974, by the 
New Hampshire Air Pollution Control Agency.
    (10) Miscellaneous revisions to Regulation numbers, 4, 6, 8, 10, 11, 
13, 14, and 17 submitted on June 6, 1974, by the New Hampshire Air 
Pollution Control Agency.
    (11) Revision to Regulation 18, ``Requirements for Recordkeeping at 
Facilities which Discharge Air Contaminants,'' submitted on May 28, 
1975, by the New Hampshire Air Pollution Control Agency.
    (12) Attainment plans to meet the requirements of Part D for carbon 
monoxide for Metropolitan Manchester and ozone for AQCR 121, programs 
for the review of construction and operation of new and modified major 
stationary sources of pollution in both attainment and non-attainment 
areas and certain

[[Page 650]]

miscellaneous provisions were submitted on May 29, 1979, November 6, 
1979, and March 17, 1980.
    (13) Attainment plans to meet the requirements of Part D for total 
suspended particulates and sulfur dioxide in Berlin were submitted by 
the Governor of New Hampshire on September 19, 1979.
    (14) Revisions to Regulation 5, Prevention, Abatement, and Control 
of Sulfur Emission from Stationary Combustion Equipment, submitted by 
the Governor of New Hampshire on July 12, 1973 and April 11, 1975.
    (15) A plan to provide comprehensive public participation and an 
analysis of the effects of the New Hampshire 1979 SIP revisions were 
submitted on February 28, 1980.
    (16) Revised regulations to assure reasonable further progress and 
compliance by owners of proposed new sources with Federal as well as 
state regulations were submitted on July 8, 1980.
    (17) A comprehensive air quality monitoring plan, intended to meet 
requirements of 40 CFR part 58, was submitted by the New Hampshire Air 
Resource Agency Director on January 30, 1980.
    (18) A plan to attain and maintain the National Ambient Air Quality 
Standard for lead and to amend the state's air quality standards was 
submitted on April 15, 1980. A letter further explaining the state 
procedures for review of new major sources of lead emissions and 
confirming the use of reference methods was submitted on December 9, 
1980 by the Director of the Air Resources Agency.
    (19) Revisions to meet the requirements of Part D and certain other 
sections of the Clean Air Act, as amended, for attaining carbon monoxide 
standards in the City of Manchester which were submitted on January 12, 
1981 and February 18, 1981. The revisions supplement the 1979 CO 
attainment plan (Sec. 52.1520(c)(12)) and include three air quality-
improving transportation projects and a schedule for submitting a plan 
which will demonstrate attainment by no later than December 31, 1987.
    (20) Revisions to meet ozone attainment requirements of Part D (VOC 
Control Regulations) were submitted on August 17, 1981 and are approved 
as follows: Regulations Air 1204.03, 1204.11(d), 1204.12, 1204.13, 
1204.18 and 1204.21.
    (21) Operating permits with compliance schedules for VOC sources 
were submitted May 2, 1980, May 16, 1980, November 20, 1981 and January 
8, 1982. Approved are operating permits for Mobil Oil Corporation; ATC 
Petroleum, Inc.; Velcro USA, Inc.; and Nashua Corporation's facility at 
Nashua.
    (22) Revisions to (i) provide a new format and renumber the SIP 
regulations with associated miscellaneous language changes for purposes 
of consistency; (ii) to delete redundant regulations and definitions; 
(iii) amend several regulations; and (iv) to add additional regulations 
submitted by the New Hampshire Air Resources Commission on June 17, 1982 
and August 31, 1982. The federally-approved regulations of the New 
Hampshire SIP are as follows:

     CHAPTER 100, PART Air 101, Sections Air 101.04-101.26, 
101.28-101.30, 101.32-101.49, 101.51, 101.53-101.56, 101.58-101.62, 
101.64-101.69, 101.74-101.75, 101.77, 101.79-101.89, 101.91-101.96, 
101.98.
     CHAPTER Air 200, PART Air 205.
     CHAPTER Air 300, PARTs Air 301-303.
     CHAPTER Air 400, PARTs Air 401; 402, Sections Air 402.01, 
402.03, 402.04; PARTs Air 403-405.
     CHAPTER Air 600, PARTs Air 601-616.
     CHAPTER Air 700, PARTs Air 701-706.
     CHAPTER Air 800, PARTs Air 801-802.
     CHAPTER Air 900, PARTs Air 901-903.
     CHAPTER Air 1000, PART Air 1001.
     CHAPTER Air 1200, PART Air 1201, Sections 1201.01-1201.06, 
1201.08-1201.11; PARTs Air 1202; 1203; 1204, Sections 1204.01-1204.16, 
1204.18-1204.21; PARTs Air 1205; 1207; 1208.

    (23) Carbon monoxide attainment plan revisions for the City of 
Manchester which meet the requirements of Part D of the Act for 1982 SIP 
revisions. The revisions were submitted on October 5, 1982 and December 
20, 1982 by the New Hampshire Air Resources Agency.
    (24) A revision specifying the State will follow Federal permit 
notice and hearing procedures for applications subject to PSD 
requirements was submitted by the Air Resources Commission on November 
19, 1982.

[[Page 651]]

    (25) Revisions to the State Implementation Plan for ozone, 
consisting of emission limits and compliance schedules for Oak Materials 
Group, Ideal Tape Co., Markem Corp., Essex Group, and Nashua Corp.'s 
Merrimack Facility, were submitted on December 23, 1982, December 30, 
1982, January 19, 1983, and March 18, 1983.
    (26) Revisions to CHAPTER Air 400, Section Air 402.02 (formerly 
Regulation 5). raising the allowable sulfur-in-oil limit for all but ten 
sources, were submitted by New Hampshire on July 12, 1973, April 11, 
1975, December 21, 1982 and March 29, 1983. The excluded sources are:

    1. International Packings Corp., Bristol.
    2. Dartmouth College, Hanover.
    3. Hinsdale Products Co., Inc., Hinsdale.
    4. Groveton Paper Co., Northumberland.
    5. James River Corp./Cascade Division, Gorham.
    6. Velcro USA, Inc., Manchester.
    7. ATC Petroleum, Newington.
    8. Anheuser-Busch, Inc., Merrimack.
    9. Hoague-Sprague Corp., West Hopkinton.
    10. Public Service Co., Manchester Steam, Manchester.

    (27) Amendments to Regulation Air 1204.02(c), defining 
``equivalent'' to include ``solids-applied basis'' and Air 1204.21(j), 
altering the maximum time for compliance schedule extensions from 
December 31, 1987 to July 1, 1985 were submitted on August 9, 1983. An 
additional regulation, Air 1204.17, ``Emission Standards for 
Miscellaneous Metal Parts and Products'' was submitted on August 17, 
1981.
    (28) Revisions to Air 1204.01, updating the list of volatile organic 
compounds exempted from PART Air 1204, and a revision to Air 101.74, 
`Process weight' were submitted on November 10, 1983.
    (29) Revisions raising the allowable sulfur-in-oil limit to 2.0% for 
five sources excluded from revisions to CHAPTER Air 400, Section 402.02 
(identified at subparagraph (c)(26) above), submitted on November 1, 
1983. The five sources, and the source specific emission limits where 
applicable, are:

    1. International Packings Corp., Bristol.
    2. Velcro USA, Inc., Manchester.
    3. Dartmouth College, Hanover (Limited to a maximum allowable hourly 
production of 164,000 pounds of steam.).
    4. Sprague Energy-Atlantic Terminal Corp., Newington (Limited to 
firing any three of four boilers, or if all four boilers are fired, the 
sulfur content is limited 1.5%.).
    5. Hoague-Sprague Corp., Hopkinton (Limited to firing any one of two 
boilers.)

    (30) Revisions to Air 1201.05 adding paragraph (e), concerning 
hazardous waste incinerators, was submitted on April 9, 1984. Approval 
of this regulation shall not be construed to supercede New Source 
Performance Standards; National Emission Standards for Hazardous Air 
Pollutants; and the regulations controlling emissions from major new or 
modified stationary sources in attainment and non-attainment areas.
    (31) Revisions raising the allowable sulfur-in-oil limit to 2.0% for 
two sources excluded from revisions to CHAPTER Air 400, Section 402.02 
(identified at paragraph (c)(26) of this section), submitted on January 
13, 1984. The two sources, and the source specific restrictions at each, 
are:
    (i) Manchester Steam Station, Public Service Company of N.H., 
Manchester (The auxiliary boiler is allowed to burn 2.0% sulfur oil as 
long as the main boilers remain inactive. If either or both of the main 
boilers are reactivated, the maximum sulfur content of oil burned in any 
boiler shall not exceed 1.7% by weight. In addition, each main boiler 
shall not operate until its stack height is increased to 45 m.)
    (ii) Hinsdale Products Co., Inc., Hinsdale (Limited to a maximum 
hourly fuel firing rate of 213 gallons.)
    (32) A revision submitted on December 22, 1983 which requires Markem 
Corporation to install an incinerator. The installation of the 
incinerator must be completed by July 1, 1985.
    (33) The TSP plan to attain primary standards in Berlin, New 
Hampshire and the administrative order issued May 2, 1984 to the James 
River Corporation which were submitted by the Air Resources Agency on 
May 9, 1984.
    (34) Revisions to Part (Air) 610 of Chapter 600, ``Statewide Permit 
System'' for the preconstruction permitting of new major sources and 
major modifications in nonattainment areas submitted on April 9, 1984 
and September 10, 1984 by the New Hampshire Air Resources Commission.

[[Page 652]]

    (35) A revision to approve operating limits for boilers at Dartmouth 
College, submitted on May 19, 1986 by the Director of the New Hampshire 
Air Resources Agency.
    (i) Incorporation by reference.
    (A) Permits to Operate issued by the State of New Hampshire Air 
Resources Agency to Dartmouth College, No. PO-B-1501.5, No. PO-B-1502.5, 
and No. PO-B-1503.5, and Temporary Permit TP-B-150.2, 3, and 4, dated 
January 6, 1986.
    (36) Approval of a revision to allow the James River Corporation 
(Cascade Mill), Gorham, to burn oil having a 2.2% sulfur-by-weight limit 
in accordance with previously approved SIP regulation Chapter Air 400, 
Section Air 402.02, submitted on February 11, 1985. This sources was 
excluded from revisions pertaining to New Hampshire regulation Chapter 
Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this 
section), but New Hampshire has now submitted adequate technical support 
for approval.
    (37) Revisions to the State Implementation Plan submitted on April 
26, 1985, January 20, 1986 and May 12, 1987 by the Air Resources 
Commission.
    (i) Incorporation by reference.
    (A) Letter dated April 26, 1985 from the New Hampshire Air Resources 
Commission submitting revisions to the State Implementation Plan for EPA 
approval.
    (B) Revisions to New Hampshire Code of Administrative Rules, Part 
Air 704.01, ``Permit Review Fee for Large Fuel Burning Devices,'' Part 
Air 704.02, ``Permit Review Fee for All Other Devices,'' Part Air 
706.01, ``Renewal Review Fee For Large Fuel Burning Devices,'' Part Air 
706.02, ``Renewal Review Fee For All Other Devices,'' Part Air 1202, 
``Fuel Burning Devices,'' effective on December 27, 1984.
    (C) Certification from the State of New Hampshire dated April 26, 
1985.
    (D) Letter from the State of New Hampshire dated January 20, 1986.
    (E) Letter from the State of New Hampshire dated May 12, 1987.
    (38) Approval of a revision to allow the James River Corporation, 
Groveton, to burn oil having a 2.2% sulfur-by-weight limit in accordance 
with previously approved SIP regulation CHAPTER Air 400, Section Air 
402.02, submitted on January 22, 1986. This source was previously 
excluded from revisions pertaining to New Hampshire regulation CHAPTER 
Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this 
section), but New Hampshire has now submitted adequate technical support 
for approval.
    (i) Incorporation by reference.
    (A) The conditions in the following five Permits to Operate issued 
by the State of New Hampshire Air Resources Agency on September 6, 1985, 
to the James River Corporation--Groveton Group: Permit No. PO-B-1550, 
Conditions 5B, 5C, and 5D; Permit No. PO-B-213, Conditions 2 and 5A; 
Permit No. PO-B-214, Conditions 2 and 5A; Permit No. PO-B-215, 
Conditions 2 and 5A; and Permit No. PO-BP-2240, Condition 5B. These 
conditions limit the sulfur-in-fuel content at the James River 
Corporation, Groveton, to 2.2% sulfur by weight.
    (39) Attainment plans for carbon monoxide for the City of Nashua 
including an extension of the attainment date to December 31, 1990 as 
submitted on September 12, 1985, December 3, 1985, October 7, 1986, 
March 6, 1987, May 12, 1987 and October 15, 1987.
    (i) Incorporation by reference. (A) The New Hampshire Code of 
Administrative Rules, Department of Safety, Chapter 900, Emission 
Inspections, Part Saf-M, 901, Part Saf-M 902, Part Saf-M 903, Part Saf-M 
904, Part Saf-M 905, Part Saf-M 906,Part Saf-M 907, Part Saf-M 908, Part 
Saf-M 909, and Part Saf-M 910, effective October 6, 1986.
    (B) Section 715.02 Introductory Text and paragraph (1) of Part Saf-
M-715, and Sec. 716.01 Introductory Text and paragraph (g) of Part Saf-
M-716, submitted to New Hampshire Department of Safety by the State of 
New Hampshire on August 14, 1985.
    (ii) Additional material. (A) A letter from Governor John H. Sununu 
to Michael R. Deland, dated March 6, 1987, committing to take 
legislative measures to convert the Inspection/Maintenance program in 
the Nashua area to the use of computerized emission analyzers in the 
event that the program is found to not be achieving the necessary 
emission reductions.
    (B) Narrative submittals, including an attainment demonstration.

[[Page 653]]

    (40) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on July 6, 1989.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated July 
6, 1989 submitting revisions to the New Hampshire State Implementation 
Plan.
    (B) Revisions to New Hampshire's Rule Env-A 303.01 entitled 
``Particulate Matter,'' effective April 21, 1989.
    (C) Revisions to New Hampshire's Rule Env-A 1001.02 entitled 
``permissible Open Burning,'' effective May 26, 1989.
    (41) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on February 12, 1991.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated 
February 12, 1991 submitting a revision to the New Hampshire State 
Implementation Plan.
    (B) Env-A 802.09 and Env-A 802.10 of the New Hampshire 
Administrative Rules Governing the Control of Air Pollution entitled 
``Continuous Emission Monitoring'' and ``CEM Recordkeeping 
Requirements,'' respectively. These regulations were effective on 
December 27, 1990.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (42) [Reserved]
    (43) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on November 21, 1989.
    (i) Incorporation by reference.
    (A) Letter form the New Hampshire Air Resources Division dated 
November 21, 1989 submitting a revision to the New Hampshire State 
Implementation Plan.
    (B) Amendments to regulations for the State of New Hampshire's 
Administrative Rules Governing Air Pollution in Chapters Env-A 100, 800, 
900 and 1200 which were effective November 16, 1989.
    (C) Letter from Robert W. Varney, Commissioner of the Department of 
Environmental Services of New Hampshire, to John B. Hammond, Acting 
Director of the New Hampshire Office of Legislative Services, dated 
November 15, 1989, adopting final rules.
    (44) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on September 12, 1990.
    (i) Incorporation by reference.
    Letter from the New Hampshire Air Resources Division dated September 
12, 1990 submitting a revision to the New Hampshire State Implementation 
Plan that withdraws nine source-specific operating permits incorporated 
by reference at 40 CFR 52.1520(c)(21), (c)(25) and (c)(32).
    (ii) Additional Materials.
    Letter from the New Hampshire Air Resources Division dated July 2, 
1991 submitting documentation of a public hearing.
    (45) Revisions to the State Implementation Plan consisting of a 
readoption of the Rules Governing the Control of Air Pollution for the 
State of New Hampshire submitted by the New Hampshire Air Resources 
Division on February 12, 1991.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated 
February 12, 1991 submitting revisions to the New Hampshire State 
Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the State of New Hampshire effective on December 27, 1990:

     Chapter Env-A 100: Sections Env-A 101.01-.20, 101.22-.26, 
101.28-.32, 101.34-50, 101.52, 101.54-.57, 101.59-.62, 101.64-.97 and 
101.99.
     Chapter Env-A 200: Parts Env-A 201-205; Part Env-A 207; 
Section Env-A 209.05; and Part Env-A 210.
     Chapter Env-A 300: Parts Env-A 301-303.
     Chapter Env-A 400: Part Env-A 401-404; Sections Env-A 401-
404; Sections Env-A 405.01-.05(b) and 405.06.
     Chapter Env-A 600: Parts Env-A 601-602; Sections Env-A 
603.01-.02(o) and 603.03(a)-(e); and Parts Env-A 604-616.
     Chapter Env-A 700: Parts Env-A 701-705.
     Chapter Env-A 800: Parts Env-A 801-802; and Part Env-A 804.
     Chapter Env-A 900` Parts Env-A 901-903.
     Chapter Env-A 1000: Part Env-A 1001.
     Chapter Env-A 1200: Parts Env-A 1201-1203; Sections 
1204.01-.11 and 1204.13-.19; Part Env-A 1205; Sections Env-A 1206.01-.02 
and 1206.04-.06; and Parts Env-A 1207-1208.

    (ii) Additional materials.

[[Page 654]]

    (A) Letters from the New Hampshire Air Resources Division dated May 
7, August 20, and August 26, 1991, March 6, and May 6, 1992 withdrawing 
certain portion of the February 12, 1991 SIP submittal.
    (46) Revisions to the State Implementation Plan consisting of 
amendments to Chapter Env-A 1204.12 Emission Control Methods for Cutback 
and Emulsified Asphalt submitted by the New Hampshire Air Resources 
Division on May 15, 1992.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated May 
15, 1992 submitting a revision to the New Hampshire State Implementation 
Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the State of New Hampshire effective on January 17, 1992: 
Chapter Env-A 1200: PART Env-A 1204.12 Emission Control Methods for 
Cutback and Emulsified Asphalt.
    (47) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on May 15, 1992.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated May 
15, 1992 submitting a revision to the New Hampshire State Implementation 
Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the State of New Hampshire effective on January 17, 1992:

--Chapter Env-A 800: Part Env-A 805
--Chapter Env-A 1200: Sections Env-A 1204.02, 1204.04, 1204.05-1204.08, 
1204.14-1204.15.

[37 FR 10879, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1520, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.1521   Classification of regions.

    The New Hampshire plan was evaluated on the basis of the following 
classifications:
      
      

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Androscoggin Valley Interstate............................          IA         IA       III       III        III
Central New Hampshire Intrastate..........................         III        III       III       III        III
Merrimack Valley-Southern New Hampshire Interstate........           I          I       III       III        III
----------------------------------------------------------------------------------------------------------------

[37 FR 10879, May 31, 1972, as amended at 45 FR 24876, Apr. 11, 1980]



Sec. 52.1522  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves New Hampshire's plan as identified in Sec. 52.1520 of this 
subpart for the attainment and maintenance of the national standards 
under section 110 of the Clean Air Act. Furthermore, the Administrator 
finds the plans satisfy all requirements of Part D, Title I of the Clean 
Air Act as amended in 1977, except as noted below.
    (b) To insure Federal approval of State issued new source review 
permits pursuant to section 173 of the Clean Air Act, the provisions of 
Section V of the emission offset interpretative rule published January 
16, 1979, (44 FR 3274) must be met.

[45 FR 24876, Apr. 11, 1980, as amended at 48 FR 50078, Oct. 31, 1983]



Sec. 52.1523  Attainment dates for national standards.

    The following table presents the latest dates by which the national 
standards are to be attained. The dates reflect the information 
presented in New Hampshire's plan.

[[Page 655]]



----------------------------------------------------------------------------------------------------------------
                                          TSP                      SO2                                          
     Nonattainment areas 1     -------------------------------------------------    NO2         CO         O3   
                                  Primary    Secondary     Primary    Secondary                                 
----------------------------------------------------------------------------------------------------------------
Androscoggin Valley Interstate                                                                                  
 AQCR 107:                                                                                                      
  Berlin......................  g.........  f            f           f           a          a          a        
  Remainder of AQCR...........  a.........  b            a           b           a          a          a        
Merrimack Valley-SO NH                                                                                          
 Interstate 121:                                                                                                
  Keene.......................  a.........  b            a           b           a          a          d        
  Manchester..................  a.........  c            a           b           a          h          d        
  Nashua......................  a.........  b            a           b           a          e          d        
  Remainder of AQCR...........  a.........  b            a           b           a          a          d        
AQCR 149......................  a.........  b            a           b           a          a          a        
----------------------------------------------------------------------------------------------------------------
a. Air quality level presently below primary standards or area is unclassifiable.                               
b. Air quality level presently below secondary standards or area is unclassifiable.                             
c. Eighteen month extension for plan submittal granted; attainment date not yet proposed.                       
d. December 31, 1982.                                                                                           
e. Redesignation to non-attainment. Nine months granted for submission of an attainment plan; attainment date   
  not yet proposed.                                                                                             
f. December 31, 1981.                                                                                           
g. August 31, 1985.                                                                                             
h. December 31, 1987.                                                                                           
\1\ Sources subject to plan requirements and attainment dates established under section 110(a)(2)(A) prior to   
  the 1977 Clean Air Act Amendments remain obligated to comply with those requirements by the earlier deadlines.
  The earlier attainment dates are set out at 40 CFR 52.1523 (1978).                                            

[45 FR 24876, Apr. 11, 1980, as amended at 50 FR 51250, Dec. 16, 1985; 
51 FR 21550, June 13, 1986]



Sec. 52.1524  Compliance schedules.

    (a) Compliance schedules for the sources identified below are 
approved as meeting the requirements of subpart N of this chapter. All 
regulations cited are air pollution control regulations of the State, 
unless otherwise noted.

--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Markem Corporation.................  Keene, NH.............  No. 1204.05...........  Feb. 10, 1984........  Feb. 19, 1981........  July 1, 1985.        
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (c) The compliance schedules for the sources identified below are 
disapproved as not meeting the requirements of subpart N of this 
chapter. All regulations cited are air pollution control regulations of 
the State, unless otherwise noted.

----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved        Date of adoption   
----------------------------------------------------------------------------------------------------------------
Brown Co.............................  Berlin, N.H............  No. 15.................  May 14, 1973.          
----------------------------------------------------------------------------------------------------------------

    (d) Federal compliance schedules. The compliance schedules for the 
sources identified below are promulgated herein in satisfaction of the 
requirements of subpart N of this chapter. All regulations cited are air 
pollution control regulations ofthe State, unless otherwise noted.

----------------------------------------------------------------------------------------------------------------
                                                          Regulation                          Final compliance  
              Source                      Location         involved      Effective date             date        
----------------------------------------------------------------------------------------------------------------
Brown Co.:                                                                                                      
  (a) No. 11 Kraft recovery.......  Berlin, N.H.........          15  Immediately.........  Jan. 1973.          
  (b) No. 11 Kraft recovery.......  ......do............          15  ......do............  Jan. 1974.          
  (c) No. 8 Kraft recovery boiler   ......do............          15  ......do............  July 1974.          
   main stack.                                                                                                  
  (d) No. 8 Kraft recovery smelt    ......do............          15  ......do............  Dec. 1974.          
   tank vent.                                                                                                   
  (e) Heavy black liquor oxidation  ......do............          15  ......do............  June 1974.          
  (f) No. 1 lime kiln stack.......  ......do............          15  ......do............  Jan. 1973.          
  (g) No. 2 lime kiln stack.......  ......do............          15  ......do............  Dec. 1974.          
----------------------------------------------------------------------------------------------------------------

[38 FR 12713, May 14, 1973, as amended at 38 FR 16145, June 20, 1973; 38 
FR 22744, Aug. 23, 1973; 49 FR 38102, Sept. 27, 1984; 51 FR 40676, 
40677, Nov. 7, 1986; 54 FR 25259, June 14, 1989]

[[Page 656]]



Sec. 52.1525  EPA-approved New Hampshire state regulations.

    The following table identifies that State regulations which have 
been submitted to and approved by EPA as revisions to the New Hampshire 
State Implementation Plan. This table is for informational purposes only 
and does not have any independent regulatory effect. To determine 
regulatory requirements for a specific situation consult the plan 
identified in Sec. 52.1520. To the extent that this table conflicts with 
Sec. 52.1520, Sec. 52.1520 governs.

[[Page 657]]



                                          Table 52.1525--EPA-Approved Rules and Regulations \1\--New Hampshire                                          
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Date                                                                                       
          Title/subject               State citation       adopted      Date approved EPA     Federal Register         52.1520             Comments     
                                        chapter \2\         State                                 citation                                              
--------------------------------------------------------------------------------------------------------------------------------------------------------
Organizational Rules: Definitions  CH Air 100..........     12/17/81  3/15/83.............  48 FR 10830.........  (c)(22)            Sections Air 101.01-
                                                                                                                                      .03; .27; .31;    
                                                                                                                                      .50; .52; .57;    
                                                                                                                                      .63; .70-.73; .76;
                                                                                                                                      .78; .90; .97 and 
                                                                                                                                      PARTs Air 102 and 
                                                                                                                                      103 are not part  
                                                                                                                                      of the approved   
                                                                                                                                      SIP.              
                                                             7/21/83  2/01/84.............  49 FR 3989..........  (c)(28)            Approved Section   
                                                                                                                                      Air 101.74, Def.  
                                                                                                                                      of `process       
                                                                                                                                      weight.'          
                                   Env-A 100...........     11/16/89  6/13/91.............  56 FR 27197.........  (c)(43)            Approved Sections  
                                                                                                                                      Env-A 101.79, Def.
                                                                                                                                      of `Reasonable    
                                                                                                                                      Available Control 
                                                                                                                                      Technology' and   
                                                                                                                                      Env-A 101.98, Def.
                                                                                                                                      of `Volatile      
                                                                                                                                      Organic Compound.'
                                                            12/24/90  8/14/92.............  57 FR 36605.........  (c)(45)            Part Env-A 101     
                                                                                                                                      renumbered and    
                                                                                                                                      completely        
                                                                                                                                      replaced; Sections
                                                                                                                                      Env-A 101.21; .27;
                                                                                                                                      .33; .51; .53;    
                                                                                                                                      .58; .63; .98; and
                                                                                                                                      Parts Env-A 102   
                                                                                                                                      and 103 are not   
                                                                                                                                      part of the       
                                                                                                                                      approved SIP.     
Procedural Rules.................  CH Air 200..........     12/17/81  3/15/83.............  48 FR 10830.........  (c)(22)            Parts Air 201-204  
                                                                                                                                      and Parts Air 206-
                                                                                                                                      210 are not part  
                                                                                                                                      of the approved   
                                                                                                                                      SIP.              
                                                            10/21/82  4/21/83.............  48 FR 17077.........  (c)(24)            Section Air 205.10 
                                                                                                                                      added.            
                                   Env-A 200...........     12/24/90  8/14/92.............  57 FR 36605.........  (c)(45)            Parts Env-A 206 and
                                                                                                                                      208 and Sections  
                                                                                                                                      Env-A 209.01-04   
                                                                                                                                      are not part of   
                                                                                                                                      the approved SIP. 
Ambient Air Quality Standards....  CH Air 300..........     12/17/81  3/15/83.............  48 FR 10830.........  (c)(22)            Part Air 304 is not
                                                                                                                                      part of the       
                                                                                                                                      approved SIP.     
                                   Env-A 300...........     12/24/90  8/14/92.............  57 FR 36605.........  (c)(45)            Part Env-A 304 is  
                                                                                                                                      not part of the   
                                                                                                                                      approved SIP.     
Particulate matter...............  Env-A 303...........      4/21/89  8/19/94.............  59 FR 42768.........  (c)(40)            303.01             
                                                                                                                                     303.015            
Sulfur Content Limits in Fuels...  CH Air 400..........     12/17/81  3/15/83.............  48 FR 10830.........  (c)(22)            Section Air 402.02 
                                                                                                                                      is not part of the
                                                                                                                                      approved SIP.     
                                                             2/20/75  3/23/84.............  49 FR 11094.........  (c)(26)            Section Air 402.02 
                                                                                                                                      added, raising    
                                                                                                                                      allowable sulfur- 
                                                                                                                                      in-oil limit for  
                                                                                                                                      but 10 sources.   
                                                            10/20/83  8/07/84.............  49 FR 31415.........  (c)(29)            Revision to Section
                                                                                                                                      Air 402.02, raises
                                                                                                                                      allowable sulfur- 
                                                                                                                                      in-oil limit for 5
                                                                                                                                      source excluded at
                                                                                                                                      (c)(26) above.    
                                                            12/15/83  8/01/84.............  49 FR 30695.........  (c)(31)            Revision to Section
                                                                                                                                      Air 402.02, raises
                                                                                                                                      allowable sulfur- 
                                                                                                                                      in-oil limit for 2
                                                                                                                                      sources excluded  
                                                                                                                                      at (c)(26) above. 
                                                             4/17/86  2/02/87.............  52 FR 3117..........  (c)(35)            Revision           
                                                                                                                                      restricting       
                                                                                                                                      emission limits   
                                                                                                                                      for Dartmouth     
                                                                                                                                      College.          
                                                             1/17/85  4/15/87.............  52 FR 12164.........  (c)(36)            Revision to Section
                                                                                                                                      Air 402.02, raises
                                                                                                                                      allowable sulfur- 
                                                                                                                                      in-oil limit for  
                                                                                                                                      James River Corp.--
                                                                                                                                      Cascade.          
                                                             9/09/85  12/14/87............  52 FR 47392.........  (c)(38)            Revision to Section
                                                                                                                                      Air 402.02, raises
                                                                                                                                      allowable sulfur- 
                                                                                                                                      in-oil limit for  
                                                                                                                                      James River Corp.--
                                                                                                                                      Groveton.         

[[Page 658]]

                                                                                                                                                        
                                   Env-A 400...........     12/24/90  8/14/92.............  57 FR 36605.........  (c)(45)            Part Env-A 405     
                                                                                                                                      renumbered and    
                                                                                                                                      completely        
                                                                                                                                      replaced; Section 
                                                                                                                                      Env-A 405.05 (c)  
                                                                                                                                      and (d); and Part 
                                                                                                                                      Env-A 406 are not 
                                                                                                                                      part of the       
                                                                                                                                      approved SIP.     
Statewide Permit System..........  CH Air 600..........     12/17/81  3/15/83.............  48 FR 10830.........  (c)(22)            Part Air 609       
                                                                                                                                      repealed at       
                                                                                                                                      (c)(16).          
                                                             1/26/84  3/13/85.............  50 FR 10004.........  (c)(36)            Revisions to Part  
                                                                                                                                      Air 610.          
                                   Env-A 600...........     12/24/90  8/14/92.............  57 FR 36606.........  (c)(45)            Part Env-A 603     
                                                                                                                                      renumbered and    
                                                                                                                                      completely        
                                                                                                                                      replaced; Sections
                                                                                                                                      Env-A 603.02(p),  
                                                                                                                                      603.03(f) and     
                                                                                                                                      603.03(g) are not 
                                                                                                                                      part of the       
                                                                                                                                      approved SIP.     
Permit Fee System................  CH Air 700..........     12/17/81  3/15/83.............  48 FR 10830.........  (c)(22)            ...................
                                                            12/20/84  9/17/87.............  52 FR 35082.........  (c)(37)            Revisions to       
                                                                                                                                      Sections Air      
                                                                                                                                      704.01-.02 and Air
                                                                                                                                      706.01-.02.       
                                   Env-A 700...........     12/24/90  8/14/92.............  57 FR 36605.........  (c)(45)            ...................
Testing and Monitoring...........  CH Air 800..........     12/17/81  3/15/83.............  48 FR 10830.........  (c)(22)            Part Air 803 is not
                                                                                                                                      part of the       
                                                                                                                                      approved SIP.     
                                   Env-A 800...........     11/16/89  6/13/91.............  56 FR 27197.........  (c)(43)            Part Env-A 804     
                                                                                                                                      added; Revision to
                                                                                                                                      Section Env-A     
                                                                                                                                      802.07.           
                                                            12/24/90  8/14/91.............  56 FR 40253.........  (c)(41)            Sections Env-A     
                                                                                                                                      802.09-.10 added. 
                                                            12/24/90  8/14/92.............  57 FR 36605.........  (c)(45)            Part Env-A 803 is  
                                                                                                                                      not part of the   
                                                                                                                                      approved SIP.     
Testing Requirements.............  CH air 800..........      1/17/92  5/25/93.............  58 FR 29974.........  (c)(47)            Part Env-A 805     
                                                                                                                                      Capture Efficiency
                                                                                                                                      Test Procedures   
Owner or Operator Obligations....  CH Air 900..........     12/17/81  3/15/83.............  48 FR 10830.........  (c)(22)            ...................
                                   Env-A 900...........     11/16/89  6/13/91.............  56 FR 27197.........  (c)(43)            Sections Env-A     
                                                                                                                                      901.021-.022 and  
                                                                                                                                      901.05 added;     
                                                                                                                                      Revision to       
                                                                                                                                      Section Env-A     
                                                                                                                                      901.02.           
                                                            12/24/90  8/14/92.............  57 FR 36605.........  (c)(45)            ...................
Prevention, Abatement, and         CH Air 1000.........     12/17/81  3/15/83.............  48 FR 10830.........  (c)(22)            Part Air 1002 is   
 Control of Open Source Air                                                                                                           not part of the   
 Pollution.                                                                                                                           approval SIP.     
                                   Env-A 1000..........     12/24/90  8/14/92.............  57 FR 36605.........  (c)(45)            Part Env-A 1002 is 
                                                                                                                                      not part of the   
                                                                                                                                      approval SIP.     
Open-Air Burning.................  Env-A 1001..........      5/19/89  8/19/94.............  59 FR 42768.........  (c)(40)            1001.02            
Prevention, Abatement, and         CH Air 1200.........      6/17/82  3/15/83.............  48 FR 10830.........  (c)(22)            Section Air 1201.07
 Control of Stationary Source Air                                                                                                     and Part Air 1206 
 Pollution Part.                                                                                                                      are not part of   
                                                                                                                                      the approved SIP. 
                                                             2/19/80  10/31/83............  48 FR 50077.........  (c)(27)            Revisions to       
                                                                                                                                      Section 1204.02(c)
                                                                                                                                      and 1204.21(j);   
                                                                                                                                      Section 1204.17   
                                                                                                                                      added.            
                                                             7/21/83  2/01/84.............  49 FR 3989..........  (c)(28)            Revision to Section
                                                                                                                                      Air 1204.01.      
                                                             2/16/84  6/01/84.............  49 FR 24724.........  (c)(30)            Section Air        
                                                                                                                                      1201.05(e) added. 
                                                            12/20/84  9/17/87.............  52 FR 35082.........  (c)(37)            Revisions to       
                                                                                                                                      Sections Air      
                                                                                                                                      1202.07-.09;      
                                                                                                                                      Section Air       
                                                                                                                                      1202.10 added.    
Prevention, Abatement and Control  CH air 1200.........      1/17/92  5/25/93.............  58 FR 29974.........  (c)(47)            Part Env-A Sections
 of Stationary Source Air                                                                                                             1204.02; 1204.04; 
 Pollution.                                                                                                                           1204.05 through   
                                                                                                                                      1204.08; 1204.14  
                                                                                                                                      through 1204.15.  

[[Page 659]]

                                                                                                                                                        
                                   Env-A 1200..........     11/16/89  6/13/91.............  56 FR 27197.........  (c)(43)            Revisions to       
                                                                                                                                      Sections Env-A    
                                                                                                                                      1204.01-.16;      
                                                                                                                                      Section Env-A     
                                                                                                                                      1204.19 added.    
                                                            12/24/90  8/14/92.............  57 FR 36605.........  (c)(45)            Section Env-A      
                                                                                                                                      1206.03 is not    
                                                                                                                                      part of the       
                                                                                                                                      approved SIP.     
                                   Env-A 1200..........      1/17/92  1/19/93.............  58 FR 4904..........  (c)(46)            Revisions to       
                                                                                                                                      Section Env-A     
                                                                                                                                      1204.12.          
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These regulations are applicable statewide unless otherwise noted in the COMMENTS section.                                                          
\2\ When the New Hampshire Department of Environmental Services was established in 1987, the citation chapter title for the air regulations changed from
  CH Air to Env-A.                                                                                                                                      



  [50 FR 767, Jan. 7, 1985, as amended at 50 FR 10005, Mar. 13, 1985; 52 FR 3118, Feb. 2, 1987; 52 FR 12164,    
 Apr. 15, 1987; 52 FR 35082, Sept. 17, 1987; 52 FR 47393, Dec. 14, 1987; 56 FR 27199, June 13, 1991; 56 FR      
 40253, Aug. 14, 1991; 57 FR 36605, Aug. 14, 1992; 58 FR 4904, Jan. 19, 1993; 58 FR 29974, May 25, 1993; 59 FR  
 42768, Aug. 19, 1994]                                                                                          
                                                                                                                


[[Page 660]]

Sec. 52.1526  [Reserved]



Sec. 52.1527  Rules and regulations.

    (a) [Reserved]
    (b) The following elements are not part of the approved SIP:
    (1) Intergovernmental consultations
    (2) Public notification
    (3) Conflict of Interest
    (4) Non-SIP regulations' numbers listed below:

     Chapter Env-A 100: Sections Env-A 101.21, .27, .33, .51, 
.53, .58., .63 and
     98; and Parts Env-A 102-103
     Chapter Env-A 200: Part Env-A 206; Part Env-A 208; and 
Sections 209.01-.04
     Chapter Env-A 300: Part Env-A 304
     Chapter Env-A 400: Section Env-A 405.05(c)-(d) and Part 
Env-A 406
     Chapter Env-A 500: Parts Env-A 501-506
     Chapter Env-A 600: Sections Env-A 603.02(p), 603.03(f)-(g)
     Chapter Env-A 800: Part Env-A 803
     Chapter Env-A 1000: Part Env-A 1002
     Chapter Env-A 1100:Part Env-A 1101
     Chapter Env-A 1200: Sections Env-A 1206.03
     Chapter Env-A 1300; Parts Env-A 1301-1305

[48 FR 10833, Mar. 15, 1983, as amended at 48 FR 48665, Oct. 20, 1983; 
50 FR 51250, Dec. 16, 1985; 57 FR 36607, Aug. 14, 1993]
Sec. 52.1528  [Reserved]



Sec. 52.1529  Significant deterioration of air quality.

    (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 Sec. 52.21 (b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of New Hampshire.
    (c) The revisions promulgated on October 17, 1988 (53 FR 40671) to 
Secs. 52.21 (b) through (w) including increment provisions for nitrogen 
dioxide are hereby incorporated and made a part of the applicable State 
Implementation Plan for the State of New Hampshire. The effective date 
of the revisions promulgated on October 17, 1988 to Secs. 52.21 (b) 
through (w) are hereby advanced from November 19, 1990 to October 17, 
1989 in the State of New Hampshire.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 54 
FR 32972, Aug. 11, 1989]



Sec. 52.1530  Requirements for State implementation plan revisions relating to new motor vehicles.

    New Hampshire must comply with the requirements of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]



Sec. 52.1531  Visibility protection.

    (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 and new source review. The 
provisions of Secs. 52.26 and 52.28 are hereby incorporated and made a 
part of the applicable plan for the State of New Hampshire.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of New 
Hampshire.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.1532  Stack height review.

    The State of New Hampshire has declared to the satisfaction of EPA 
that no existing emission limitations have been affected by stack height 
credits greater than good engineering practice or any other prohibited 
dispersion technique as defined in EPA's stack height regulations, as 
revised on July 8, 1985. This declaration was submitted to EPA on March 
21, 1986. The State has further declared in a letter from Dennis 
Lunderville, dated July 25, 1986, that, ``As part of our new source 
review activities under the New Hampshire SIP and our delegated PSD 
authority, the New Hampshire Air Resources Agency will follow EPA's 
stack height regulation as revised in the Federal Register on July 8, 
1985 (50 FR 27892).'' Thus, New Hampshire has satisfactorily 
demonstrated that its regulations meet 40 CFR 51.118 and 51.164.

[52 FR 49407, Dec. 31, 1987]

[[Page 661]]



                         Subpart FF--New Jersey



Sec. 52.1570  Identification of plan.

    (a) Title of plan: ``New Jersey State Implementation Plan to meet 
National Air Quality Standards.''
    (b) The plan was officially submitted on January 26, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory additions to the plan submitted on 
April 17, 1972, by the New Jersey Department of Environmental 
Protection.
    (2) List of permits issued to sources allowing them particulate 
emissions in excess of 25 tons per year submitted on May 15, 1972, by 
the New Jersey Department of Environmental Protection.
    (3) Legal opinion of State Attorney General on State's authority to 
make available to the public emission data reported by sources submitted 
on June 23, 1972, by the New Jersey Department of Law and Public Safety.
    (4) Copies of the permits and certificates issued to sources 
exceeding 25 tons per year of particulate emissions submitted on July 6, 
1972, by the New Jersey Department of Environmental Protection.
    (5) Revisions correcting deficiencies in the new source review 
procedure submitted on March 22, 1973, by the Governor.
    (6) Legal opinion of the State Attorney General on the State's 
authority to deny a permit to construct or modify a source submitted on 
April 18, 1973, by the New Jersey Department of Environmental 
Protection.
    (7) Revision to sulfur-in-fuel regulation, section 7:1-3.1 of New 
Jersey Air Pollution Control Code, submitted on November 20, 1973, by 
the New Jersey Department of Environmental Protection.
    (8) Revision to the control of open burning regulation, section 
7:27-2.1 of the New Jersey Air Pollution Control Code, submitted on 
November 19, 1975, by the New Jersey Department of Environmental 
Protection.
    (9) Letter, dated January 16, 1976, from the New Jersey Department 
of Environmental Protection stating that there would be no net increase 
in hydrocarbon emissions as a result of the revisions to N.J.A.C. 7:27-
2.1.
    (10) Regulation entitled: ``Control and Prohibition of Air Pollution 
by Volatile Organic Substances,'' New Jersey Administrative Code 
(N.J.A.C.) 7:27-16.1 et seq., submitted on January 8, 1976 by the New 
Jersey Department of Environmental Protection.
    (11) Technical justification supporting N.J.A.C. 7:27-16 et seq. 
submitted on March 3, 1976.
    (12) Revisions consisting of 16 administrative orders issued 
pursuant to the New Jersey Administrative Code (N.J.A.C.) 7:27-9.5(a) 
and technical support for these orders received on April 27, 1976 from 
the New Jersey Department of Environmental Protection.
    (13) An administrative order directed to Hunt-Wesson Foods, Inc. in 
Bridgeton, Cumberland County and issued pursuant to the New Jersey 
Administrative Code (N.J.A.C.) 7:27-9.5(a), dated June 15, 1976, and 
technical support for this order received by EPA on April 27, 1976, both 
from the New Jersey Department of Environmental Protection.
    (14) Revision to the Permits and Certificates regulation of the New 
Jersey Air Pollution Control Code, N.J.A.C. 7:27-8.1 et seq., submitted 
on June 8, 1976 by the New Jersey Department of Environmental 
Protection.
    (15) Revision consisting of an administrative order issued on 
September 14, 1976 to Owens Illinois, Inc., Cumberland County, New 
Jersey pursuant to the New Jersey Administrative Code (N.J.A.C.) 7:27-
9.5(a) and submitted on September 17, 1976 by the New Jersey Department 
of Environmental Protection.
    (16) A revision submitted by the New Jersey Department of 
Environmental Protection consisting of an October 27, 1976 letter 
indicating the extension, to July 12, 1977, of ``variances'' to the 
provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-9.1 et 
seq., Sulfur in Fuel, for 18 facilities; and supplemental technical 
information submitted in a November 22, 1976 letter. The extended 
``variances'' including all their terms and conditions are made a part 
of the New Jersey State Implementation Plan. The facilities affected by 
these ``variances'', their location and applicable sulfur in fuel oil

[[Page 662]]

limitation until July 12, 1977 are as follows:

------------------------------------------------------------------------
                                                               Sulfur in
                                                               fuel oil 
               Source                        Location         limitation
                                                               (percent 
                                                              by weight)
------------------------------------------------------------------------
National Bottle Corp................  Salem City, Salem             2.0 
                                       County.                          
E. I. du Pont de Nemours & Co.......  Deepwater, Salem              1.5 
                                       County.                          
Heinz-USA...........................  Salem City, Salem             2.0 
                                       County.                          
B. F. Goodrich Chemical Co..........  Pedricktown, Salem            1.5 
                                       County.                          
Anchor Hocking Corp.................  Salem City, Salem             2.0 
                                       County.                          
Atlantic City Electric Deepwater      Penns Grove, Salem            1.5 
 Station.                              County.                          
E. I. du Pont de Nemours & Co.......  Carney's Point, Salem         1.5 
                                       County.                          
Mannington Mills, Inc...............  Salem City, Salem             2.0 
                                       County.                          
Atlantic City Electric B. L. England  Beesley Point, Cape           2.0 
 Station.                              May County.                      
Hunt Wesson Foods, Inc..............  Bridgeton City,               2.5 
                                       Cumberland County.               
Kerr Glass Manufacturing Corp.......  Millville City,               2.5 
                                       Cumberland County.               
Owens Illinois, Inc., Kimble          Vineland City,                2.5 
 Products Division.                    Cumberland County.               
Leone Industries....................  Bridgeton City,               2.5 
                                       Cumberland County.               
Owens Illinois, Inc.................  ......do..............        1.5 
Progresso Food Corp.................  Vineland City,                2.5 
                                       Cumberland County.               
Bridgeton Dying & Finishing Corp....  Bridgeton City,               2.5 
                                       Cumberland County.               
Whitehead Bros. Co..................  Haleyville, Cumberland        2.5 
                                       County.                          
Vineland Chemical Co................  Vineland City,                2.5 
                                       Cumberland County.               
------------------------------------------------------------------------

    (17) A revision submitted by the New Jersey Department of 
Environmental Protection consisting of a January 10, 1978 letter 
indicating the extension, to July 12, 1978, of ``variances'' to the 
provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27--9.1 et 
seq., Sulfur in Fuel, for 17 facilities and accompanying supplemental 
information. The extended ``variances'' including all their terms and 
conditions are made a part of the New Jersey State implementation plan. 
The facilities affected by these ``variances,'' their locations, and 
applicable sulfur-in-fuel-oil limitations until July 12, 1978 are as 
follows:

------------------------------------------------------------------------
                                                               Sulfur in
                                                               fuel oil 
               Source                        Location         limitation
                                                               (percent 
                                                              by weight)
------------------------------------------------------------------------
National Bottle Corp................  Salem City, Salem             2.0 
                                       County.                          
E. I. du Pont de Nemours & Co.......  Deepwater, Salem              1.5 
                                       County.                          
Heinz-U.S.A.........................  Salem City, Salem             2.0 
                                       County.                          
B. F. Goodrich Chemical Co..........  Pedricktown, Salem            1.5 
                                       County.                          
Anchor Hocking Corp.................  Salem City, Salem             2.0 
                                       County.                          
Atlantic City Electric, Deepwater     Penns Grove, Salem            1.5 
 Station.                              County.                          
E. I. du Pont de Nemours & Co.......  Carney's Point, Salem         1.5 
                                       County.                          
Mannington Mills, Inc...............  Salem City, Salem             2.0 
                                       County.                          
Atlantic City Electric, B. L.         Beesley Point, Cape           2.0 
 England Station.                      May County.                      
Kerr Glass Manufacturing Corp.......  Millville City,               2.5 
                                       Cumberland County.               
Owens Illinois, Inc., Kimble          Vineland City,                2.5 
 Products Division.                    Cumberland County.               
Leone Industries....................  Bridgeton, Cumberland         2.5 
                                       County.                          
Progresso Food Corp.................  Vineland City,                2.5 
                                       Cumberland County.               
Bridgeton Dyeing & Finishing Corp...  Bridgeton City,               2.5 
                                       Cumberland County.               
Vineland Chemical Co................  Vineland City,                2.5 
                                       Cumberland County.               
Hunt-Wesson Foods, Inc..............  Bridgeton, Cumberland         2.5 
                                       County.                          
Owens Illinois, Inc.................  ......do..............        1.5 
------------------------------------------------------------------------

    (18) A revision submitted by the New Jersey Department of 
Environmental Protection consisting of a June 26, 1978 letter indicating 
the extension, to January 12, 1979 or until such time as the State 
places into effect revised permanent sulfur-in-fuel-oil regulations, of 
``variances'' to the provisions of the New Jersey Administrative Code 
(N.J.A.C.) 7:27-9.1 et seq., Sulfur in Fuel, for 17 facilities and 
accompanying supplemental information. The extended ``variances'' 
including all their terms and conditions are made a part of the New 
Jersey State Implementation Plan. The facilities affected by these 
``variances'', their locations, and applicable sulfur-in-fuel-oil 
limitations until January 12, 1979 or until such time as the State 
places into effect and EPA approves revised permanent sulfur-in-fuel-oil 
regulations are as follow:

[[Page 663]]



------------------------------------------------------------------------
                                                               Sulfur in
                                                               fuel oil 
               Source                        Location         limitation
                                                               (percent 
                                                              by weight)
------------------------------------------------------------------------
National Bottle Corp................  Salem City, Salem             2.0 
                                       County.                          
E. I. du Pont de Nemours & Co.......  Deepwater, Salem              1.5 
                                       County.                          
Heinz--U.S.A........................  Salem City, Salem             2.0 
                                       County.                          
B. F. Goodrich Chemical Co..........  Pedricktown, Salem            1.5 
                                       County.                          
Anchor Hocking Corp.................  Salem City, Salem             2.0 
                                       County.                          
Atlantic City Electric, Deepwater     Penns Grove, Salem            1.5 
 Station.                              County.                          
E. I. du Pont de Nemours & Co.......  Carney's Point, Salem         1.5 
                                       County.                          
Mannington Mills, Inc...............  Salem City, Salem             2.0 
                                       County.                          
Atlantic City Electric, B. L.         Beesley Point, Cape           2.0 
 England Station.                      May County.                      
Kerr Glass Manufacturing Corp.......  Milville City,                2.5 
                                       Cumberland County.               
Owens Illinois, Inc., Kimble          Vineland City,                2.5 
 Products Division.                    Cumberland County.               
Leone Industries....................  Bridgeton, Cumberland         2.5 
                                       County.                          
Progresso Food Corp.................  Vineland City,                2.5 
                                       Cumberland County.               
Bridgeton Dyeing and Finishing Corp.  Bridgeton City,               2.5 
                                       Cumberland County.               
Vineland Chemical Co................  Vineland City,                2.5 
                                       Cumberland County.               
Hunt-Wesson Foods, Inc..............  Bridgeton, Cumberland         2.5 
                                       County.                          
Owens Illinois, Inc.................  ......do..............        1.5 
------------------------------------------------------------------------

    (19) A revision submitted by the New Jersey Department of 
Environmental Protection on July 6, 1978 consisting of amendments to the 
provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-10.1 et 
seq., Sulfur in Coal, and accompanying supplemental information.
    (20) A revision consisting of all but one of the sections of the 
revised regulation, N.J.A.C. 7:27-6.1 et seq., submitted by the New 
Jersey Department of Environmental Protection with a March 31, 1977 
cover letter which also transmitted the basis and background document 
and the Report of the Public Hearing. The one section that is not 
approved as submitted by the State is Section 6.5, ``Variances.''
    (21) A revision submitted by the New Jersey Department of 
Environmental Protection on August 10, 1978 consisting of amendments to 
the provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-9.1 
et seq., Sulfur in Fuels, and accompanying supplemental information.
    (22) A comprehensive revision for nonattainment areas entitled, 
``Proposed New Jersey State Implementation Plan for the Attainment and 
Maintenance of Air Quality Standards,'' submitted, as required by Part D 
of the Clean Air Act, on December 29, 1978 by the New Jersey Department 
of Environmental Protection.
    (23) Supplementary submittals, pertaining to the plan revision for 
nonattainment areas required by Part D of the Clean Air Act, from the 
New Jersey Department of Environmental Protection as follows:

    A package dated April 17, 1979 from the New Jersey Department of 
Environmental Protection to EPA entitled, ``N.J. SIP Supplement 1,'' and 
covering the State's schedule for future actions, expected costs and 
sources of funding, ongoing consultation process, graphical 
representation of reasonable further progress, schedule for promulgation 
of emission offset rule, commitment to adoption of tall stack policy and 
comments on EPA's proposed tall stack policy, discussion and schedule 
for resolution of the Bridgeton particulate downwash problem, summary of 
particulate emissions inventories for non-attainment areas, request for 
extension for submittal of SIP for secondary TSP standard, and expanded 
explanation of current I/M program.
    A Supplement 2 to the proposed SIP revision consisting of a cover 
letter dated June 20, 1979 and four attachments from the New Jersey 
Department of Environmental Protection to EPA covering a proposed 
version of the State's new source review regulation, a discussion of 
reasonable further progress with respect to volatile organic substance 
sources, the design values for ozone in the Metropolitan New York and 
Metropolitan Philadelphia Interstate Air Quality Control Regions, and a 
proposed version of the State's regulation for the control of volatile 
organic substances (VOS).
    A submittal dated July 5, 1979 from the New Jersey Department of 
Environmental Protection to EPA covering the State's draft regulation 
controlling VOS, operating and maintenance procedures for open top tanks 
and surface cleaners covered under the State's draft VOS control 
regulation, and evaporative losses from VOS storage tanks.
    A package consisting of a cover letter dated October 3, 1979 from 
the New Jersey Department of Environmental Protection to EPA and an 
accompanying report covering an analysis of the Bridgeton particulates 
downwash problem and the State's effort to

[[Page 664]]

execute memoranda of understanding with its Metropolitan Planning 
Organization.
    A cover letter received by EPA dated October 19, 1979 from the New 
Jersey Department of Environmental Protection together with the State's 
adopted regulation for control of VOS, N.J.A.C. 7:27-16.1 et seq., and 
``Report of Public Hearing and Basis for promulation .
    A package consisting of a letter dated January 9, 1980 from the New 
Jersey Department of Environmental Protection to EPA covering the 
conditions on SIP approval which were listed by EPA in the proposed 
rulemaking notice for the SIP revision and four references covering the 
October 3, 1979 Bridgeton particulates analysis, an updated Bridgeton 
particulates analysis, and an energy analysis of certain VOS controls 
called for in N.J.A.C. 7:27-16.1 et seq. justifying the State's position 
on seasonal variances for certain VOS sources.

    (24) A supplementary submittal, dated February 27, 1980 from the New 
Jersey Department of Environmental Protection consisting of five 
memoranda of understanding among the New Jersey Departments of 
Environmental Protection and Transportation and the following 
metropolitan planning organizations:

Atlantic County Urban Area Transportation Study
Cumberland County Urban Area Transportation Study
Delaware Valley Regional Planning Commission
Philipsburg Urban Area Transportation Study
Wilmington Metropolitan Area Planning Council

    (25) Supplementary submittals, dated March 5, April 9 and April 10 
from the New Jersey Department of Environmental Protection consisting of 
test methods to be used in determining compliance with the provisions of 
N.J.A.C. 7:27-16.1 et seq., ``Control and Prohibition of Air Pollution 
by Volatile Organic Substances.''
    (26) A supplementary submittal, dated April 22, 1980, from the New 
Jersey Department of Environmental Protection and the New Jersey 
Department of Transportation consisting of three documents entitled 
``The Transportation Planning Process in New Jersey,'' ``Summary of 
Financial Resources for Transportation-Air Quality Planning,'' and 
``Program for Selection of Needed Transportation Control Measures, April 
1980.''
    (27) A supplementary submittal dated August 5, 1980 from the New 
Jersey Department of Environmental Protection consisting of revisions to 
Subchapter 18 of the New Jersey Administrative Code, entitled, ``Control 
and Prohibitions of Air Pollution from Ambient Air Quality in 
Nonattainment Areas'' (Emission Offset Rule), N.J.A.C. 7:27-18.1 et seq.
    (28) A supplementary submittal from the State of New Jersey 
Department of Environmental Protection, consisting of an Ambient Air 
Quality Monitoring SIP revision dated August 1.
    (29) A June 30, 1980 submittal by the New Jersey Department of 
Environmental Protection (NJDEP) consisting of an Amended Consent Order 
entered into by NJDEP and the Atlantic City Electric Company. This 
revision to the New Jersey State Implementation Plan establishes a 
construction and testing schedule designed to bring units 1 and 2 at 
Atlantic City Electric Company's B.L. England Generating Station at 
Beesley's Point, New Jersey, into compliance with New Jersey 
Administrative Code (N.J.A.C.) 7:27-3.1 et seq., Control and Prohibition 
of Smoke from Combustion of Fuel; N.J.A.C. 7:27-4.1 et seq., Control and 
Prohibition of Particulates from Combustion of Fuel; and N.J.A.C. 7:27-
10.1 et seq., Sulfur in Coal, by March 31, 1982 and June 1, 1982, 
respectively.
    (30) A supplementary submittal dated April 27, 1981, from the New 
Jersey Department of Environmental Protection consisting of newly 
adopted revisions to a regulation concerning the Control and Prohibition 
of Open Burning, N.J.A.C. 7:27-21 et seq., an Order of Adoption, the 
Report of Public Hearing, and the Basis for the Proposed Amendments.
    (31) A supplementary submittal dated July 8, 1981, from the New 
Jersey Department of Environmental Protection consisting of newly 
adopted revisions to Subchapter 10, Sulfur in Solid Fuels, N.J.A.C. 
7:27-10.1 et seq., an Order of Adoption, the Report of Public Hearing, 
and the Basis for the Proposed Amendments.
    (32) Revisions submitted on March 17, 1982 and April 27, 1982 by the 
New Jersey State Department of Environmental Protection which grant 
``cullet

[[Page 665]]

variances'' to furnace number 2 of the Anchor Hocking Corporation's 
Salem plant and furnaces G, Y, J, K, L, M, R of the Owens-Illinois, Inc. 
Vineland plant. The ``cullet variances'' will remain in effect for up to 
two years from August 10, 1982.
    (33) A revision submitted by the New Jersey Department of 
Environmental Protection on December 16, 1982 consisting of amendments 
to the provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-
9.1 et seq., Sulfur in Fuels, to provide for ``sulfur dioxide bubbles'' 
and ``clean conversion incentives.''
    (34) Revisions to the New Jersey State Implementation Plan submitted 
on November 23, 1982, January 18, 1983, February 14, 1983, July 11, 
1983, July 28, 1983 and September 26, 1983 by the New Jersey Department 
of Environmental Protection.
    (35) A supplementary submittal dated July 11, 1983, from the 
Department of Environmental Protection consisting of adopted revisions 
to: Subchapter 3--``Control and Prohibition of Smoke from Combustion of 
Fuel,'' dated October 12, 1977, Subchapter 4--``Control and Prohibition 
of Particles from Combustion of Fuel,'' dated October 12, 1977, and 
Subchapter 5--``Prohibition of Air Pollution,'' dated October 12, 1977, 
of Title 7, Chapter 27 of the New Jersey Administrative Code; the 
proposed Regulatory Amendments; the Report of the Public Hearing; and 
the Order of Adoption.
    (36) A revision submitted by the New Jersey Department of 
Environmental Protection to allow U.S. Gypsum Co. temporarily to burn 
fuel oil with a sulfur content of 2.0 percent, by weight, at either 
Boiler 1, 2, or 3 at its Clark, New Jersey plant. The New Jersey 
submittal consists of an April 14, 1983 letter transmitting a State 
issued February 14, 1983 Public Notice and a letter dated March 14, 1983 
transmitting an Administrative consent order detailing procedures to be 
used by the State to determine compliance. This revision will remain in 
effect until March 31, 1985 or until Boiler 4 is ready to burn coal, 
whichever occurs first.
    (37) Three permanently adopted regulations were submitted on January 
27, 1984 and February 1, 1984 regarding the operation of the inspection 
and maintenance program. These regulations pertain specifically to 
operating procedures for private inspection stations (New Jersey 
Administrative Code (N.J.A.C.) 13:20-33.1, 33.2, 33.50, and 33.51.), 
mechanic certification requirements (N.J.A.C. 13:20-32.4, 32.14, and 
32.15), and specifications for exhaust gas analyzers (N.J.A.C. 7:27-
15.1).
    (38) The New Jersey State Implementation Plan for attainment and 
maintenance of the lead standards was submitted on May 1 and August 15, 
1984, and on April 22, April 29, May 17, and July 16, 1985 by the New 
Jersey Department of Environmental Protection.
    (i) Incorporated by reference.
    (A) Revisions to N.J.A.C. 7:27-8, ``Permits and Certificates,'' 
effective April 5, 1985.
    (B) Revisions to N.J.A.C. 7:27-13, ``Ambient Air Quality 
Standards,'' effective June 25, 1985.
    (C) Revisions to N.J.A.C. 7:27-18, ``Control and Prohibition of Air 
Pollution from New or Altered Sources Affecting Ambient Air Quality 
(Emission Offset Rule),'' effective March 11, 1985.
    (D) A July 16, 1985 letter from the Department of Environmental 
Protection; with attachment of letter dated July 15, 1985, contains 
schedules for revising N.J.A.C. 7:27-6, ``Control and Prohibition of 
Particles from Manufacturing Process,'' to incorporate maximum allowable 
emission rates for lead and for adopting a new section, N.J.A.C. 7:27-
19, to govern the combustion of liquid fuels, if necessary.
    (E) ``RACT-plus studies'' to determine strategies to eliminate 
violation of the lead standards in the vicinity of Heubach, Inc., Newark 
and Delco Remy, New Brunswick will be completed by November 1, 1985 and 
control measures will be selected by January 1986.
    (ii) Additional material.
    (A) Narrative submittal of the Lead SIP, including attainment 
demonstration, air quality data and summary of both current and 
projected lead emissions.
    (39) A revision to the plan for attainment of the particulate matter 
standards submitted by the New Jersey Department of Environmental 
Protection

[[Page 666]]

on February 21, March 14, and November 18, 1985.
    (i) Incorporation by reference.
    (A) Revisions to N.J.A.C. 7:27-14, ``Control and Prohibition of Air 
Pollution from Diesel-Powered Motor Vehicles,'' effective July 1, 1985.
    (B) Adoption of a new section of N.J.A.C. 7:27B-4 entitled ``Air 
Test Method 4, Testing Procedures for Motor Vehicles,'' effective July 
1, 1985.
    (C) The following sections of N.J.A.C. 16:53 ``Autobus 
Specifications which was effective on October 17, 1983:

Subchapter 3, Autobus Specifications
    3.23  Certificate of Inspection
    3.24  Maintenance and inspection
    3.27  Exhaust Systems
Subchapter 6, Autobus Specifications for Small Bus
    6.15  Exhaust System
    6.21  Certificate of Inspection
    6.30  Maintenance and inspection
Subchapter 7, Specifications for Special Autobus Type Recreational 
          Vehicles
    7.14  Exhaust Systems
    7.17  Certificate of Inspection
    7.23  Maintenance and inspection
Subchapter 8, Specifications for Sedan Type Autobuses
    8.15  Exhaust System
    8.22  Certificate of Inspection
    8.25  Maintenance and inspection

    (40) A revision to the New Jersey State Implementation Plan for 
attainment and maintenance of the ozone standards was submitted on April 
22, 1985 by the New Jersey Department of Environmental Protection.
    (i) Incorporated by reference.
    (A) Table 2 in section 18.4(b) of N.J.A.C. 7:27-18, ``Control and 
Prohibition of Air Pollution from New or Altered Sources Affecting 
Ambient Air Quality (Emission Offset Rule),'' effective March 11, 1985.
    (41) A revision to the New Jersey State Implementation Plan (SIP) 
for lead was submitted on December 1, 1986, by the New Jersey Department 
of Environmental Protection.
    (i) Incorporated by reference.
    (A) The following operating permit amendments for the Delco Remy 
facility in New Brunswick:

------------------------------------------------------------------------
         Permit amendment numbers              Permit amendment dates   
------------------------------------------------------------------------
286-1166 through 286-1184.................   All permits effective 9/24/
                                             86.                        
------------------------------------------------------------------------

    (B) The following operating permit amendments for the Heubach Inc. 
facility in Newark:

------------------------------------------------------------------------
         Permit amendment numbers              Permit amendment dates   
------------------------------------------------------------------------
286-0523 through 286-0531.................  All permits effective 4/30/ 
                                             86.                        
286-0286, 286-0287, 286-0289, 286-0290....  All permits effective 2/26/ 
                                             86.                        
------------------------------------------------------------------------

    (ii) Additional material.
    (A) Technical documentation of ambient modeling and monitoring for 
lead in the vicinity of Delco Remy, New Brunswick.
    (B) Technical documentation of ambient modeling and monitoring for 
lead in the vicinity of Heubach Inc., Newark.
    (42) A revision to the New Jersey State Implementation Plan (SIP) 
for lead submitted on July 23, 1987 by the New Jersey Department of 
Environmental Protection (NJDEP) and finalized on September 25, 1987.
    (i) Incorporation by reference.
    (A) A March 4, 1986 Administrative Order and Notice of Civil 
Administrative Penalty Assessment (Log  A860244) from the New Jersey 
Department of Environmental Protection to the United States Metals 
Refining Company (USMR).
    (B) Letter of March 11, 1987 from Greenberg and Prior, attorneys for 
USMR, to Anthony J. McMahon, Department of Environmental Protection, 
Trenton, New Jersey.
    (ii) Additional material.
    (A) July 1987 Modeling Analysis for the Anchor Abrasives facility.
    (B) Summary of public comments and response to comments for the 
revision of the N.J. SIP for lead in the vicinity of USMR.
    (C) USMR's comments on the revised N.J. SIP for lead in the vicinity 
of USMR.
    (43) [Reserved]
    (44) A revision to the State Implementation Plan for Ozone submitted 
on October 13, 1987 by the New Jersey Department of Environmental 
Protection.
    (i) Incorporation by reference.
    Subchapter 2A of chapter 26, title 7 of the New Jersey 
Administrative Code, ``Additional, Specific Disposal Regulations for 
Sanitary Landfills,'' effective June 1, 1987.
    (ii) Additional material.

[[Page 667]]

    New Jersey Department of Environmental Protection memorandum on 
landfill gas emissions and control, dated October 7, 1987.
    (45) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone submitted on January 27, 1989 by the New Jersey State Department 
of Environmental Protection (NJDEP) for its state gasoline volatility 
program, including any waivers that may be granted under the program by 
the state. In 1989, the control period will begin on June 30.
    (i) Incorporation by reference. Subchapter 25 of chapter 27, title 7 
of the New Jersey Administrative Code entitled ``Control and Prohibition 
of Air Pollution by Vehicular Fuels,'' adopted on January 27, 1989 and 
effective on February 21, 1989.
    (ii) Additional material. April 27, 1989 letter from Christopher 
Daggett, NJDEP, to William Muszynski, EPA Region II.
    (46) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning motor vehicle refueling controls dated February 22, 
1988, submitted by the New Jersey Department of Environmental Protection 
(NJDEP).
    (i) Incorporation by reference:
    Amendments to sections 16.1 and 16.3 of subchapter 16 of title 7 of 
the New Jersey Administrative Code, entitled ``Control and Prohibition 
of Air Pollution by Volatile Organic Substances,'' effective January 19, 
1988.
    (ii) Additional material:
    (A) February 22, 1988 letter from Jorge Berkowitz, NJDEP, to Conrad 
Simon, EPA, requesting EPA approval of the amendments to subchapter 16.
    (B) April 18, 1988 letter from Jorge Berkowitz, NJDEP, to Conrad 
Simon, EPA, providing copies of the test methods and permit approval 
conditions applicable to Stage II vapor recovery systems in New Jersey.
    (d) Plan revisions were submitted on September 26, 1972.
    (47) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the motor vehicle inspection and maintenance (I/M) 
program dated March 6, 1987, submitted by the New Jersey Department of 
Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Amendments to title 7, chapter 27, subchapter 15 of the New 
Jersey Administrative Code, entitled ``Control and Prohibition of Air 
Pollution From Gasoline-Fueled Motor Vehicles,'' effective January 21, 
1985.
    (B) Amendments to title 13, chapter 20, subchapter 28 of the New 
Jersey Administrative Code, entitled ``Enforcement Service Inspection of 
New Passenger Vehicles and New Motorcycles,'' effective January 21, 
1985.
    (ii) Additional material.
    (A) July 24, 1990 letter from David West, NJDEP, to Rudolph 
Kapichak, EPA, submitting the results of the study by Pacific 
Environmental Services on the health risks of performing the fuel inlet 
restrictor inspections.
    (B) July 1, 1990 letter from David West, NJDEP, to Rudolph Kapichak, 
EPA, notifying of the resumption of fuel inlet restrictor inspections.
    (48) A revision submitted on June 3, 1988 by the New Jersey 
Department of Environmental Protection (NJDEP) to revise its 
implementation plan to include revised testing procedures.
    (i) Incorporation by reference: New Jersey Administrative Code 
7:27B-3, ``Air Test Method 3--Sampling and Analytical Procedures for the 
Determination of Volatile Organic Substances from Source Operations,'' 
effective 9/8/86.
    (ii) Additional material: October 15, 1990 letter from William 
O'Sullivan, NJDEP to William S. Baker, EPA.
    (49) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of fugitive gasoline vapors resulting from 
the loading of marine transport vessels, dated June 20, 1990, submitted 
by the New Jersey Department of Environmental Protection and Energy 
(NJDEPE).
    (i) Incorporation by reference.
    (A) Amendments to Title 7, Chapter 27, Subchapter 16 of the New 
Jersey Administrative Code, entitled ``Control and Prohibition of Air 
Pollution by Volatile Organic Substances,'' effective February 6, 1989.
    (B) Amendment to Title 7, Chapter 27, Subchapter 16 of the New 
Jersey Administrative Code, entitled ``Control and Prohibition of Air 
Pollution by

[[Page 668]]

Volatile Organic Substances,'' effective December 4, 1989.
    (ii) Additional material.
    (A) June 20, 1990, letter from Anthony J. McMahon, NJDEPE, to Conrad 
Simon, EPA, requesting EPA approval of the amendments to subchapter 16.
    (50) Regulation entitled ``Volatile Organic Substances in Consumer 
Products'' N.J.A.C. 7-27-23.1 et seq., dated July 30, 1990, submitted by 
the New Jersey Department of Environmental Protection and Energy 
(NJDEPE).
    (i) Incorporation by reference: (A) Title 7, Chapter 27, Subchapter 
23 of the New Jersey Administrative Code, entitled ``Volatile Organic 
Substances in Consumer Products'' effective February 21, 1989.
    (B) Amendment to Title 7, Chapter 27, Subchapter 23 of the New 
Jersey Administrative Code, entitled ``Volatile Organic Substances in 
Consumer Products'' effective December 12, 1989.
    (C) Amendment to Title 7, Chapter 27, Subchapter 23 of the New 
Jersey Administrative Code, entitled ``Volatile Organic Substances in 
Consumer Products'' effective August 9, 1990.
    (ii) Additional material: (A) July 30, 1990 letter from Anthony J. 
McMahon, NJDEPE, to Conrad Simon, EPA, requesting EPA approval of 
Subchapter 23.
    (51) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of volatile organic compounds from 
stationary sources, dated March 31, 1987, December 7, 1989, and March 
13, 1992, submitted by the New Jersey State Department of Environmental 
Protection and Energy (NJDEPE).
    (i) Incorporation by reference.
    (A) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code Subchapter 16, ``Control and Prohibition of Air 
Pollution by Volatile Organic Substances,'' effective September 22, 
1986,
    (B) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code Subchapter 16, ``Control and Prohibition of Air 
Pollution by Volatile Organic Substances,'' effective June 19, 1989,
    (C) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code: Subchapter 8, ``Permits and Certificates, Hearings, 
and Confidentiality,'' effective March 2, 1992; Subchapter 16, ``Control 
and Prohibition of Air Pollution by Volatile Organic Compounds,'' 
effective March 2, 1992, Subchapter 17, ``Control and Prohibition of Air 
Pollution by Toxic Substances,'' effective March 2, 1992; Subchapter 23, 
``Prevention of Air Pollution by Architectural Coatings and Consumer 
Products,'' effective March 2, 1992; Subchapter 25, ``Control and 
Prohibition of Air Pollution from Vehicular Fuels,'' effective March 2, 
1992; and Subchapter 3, ``Air Test Method 3: Sampling and Analytic 
Procedures for the Determination of Volatile Organic Compounds from 
Source Operations,'' effective March 2, 1992.
    (ii) Additional material.
    (A) March 31, 1987, letter from Jorge Berkowitz, NJDEP, to Conrad 
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
    (B) December 7, 1989, letter from Anthony McMahon, NJDEP, to Conrad 
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
    (C) March 13, 1992, letter from Nancy Wittenberg, NJDEPE, to Conrad 
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
    (52) Amendments submitted on April 21, 1993 by the New Jersey 
Department of Environmental Protection and Energy to New Jersey Air Code 
7:27-25 revising the testing requirements to gasoline providers in New 
Jersey are subject.
    (i) Incorporation by reference:
    (A) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code Subchapter 25, ``Control and Prohibition of Air 
Pollution from Vehicular Fuels,'' effective September 3, 1991.
    (53) A revision to the New Jersey State Implementation Plan (SIP) 
for an Emission Statement Program dated February 19, 1993, submitted by 
the New Jersey Department of Environmental Protection and Energy.
    (i) Incorporation by reference:
    (A) Title 7, Chapter 27, Subchapter 21, of the New Jersey 
Administrative Code entitled, ``Emission Statements,'' effective March 
15, 1993.
    (ii) Additional information:

[[Page 669]]

    (A) May 24, 1993 letter from John Elston to Conrad Simon, EPA, 
transmitting supporting documentation necessary for approval of the SIP 
revisions. These items included:
    (1) Notice of Adoption, March 15, 1993.
    (2) Justification of Gasoline Dispensing Facility Exemption.
    (B) October 29, 1993 letter from John Elston to Conrad Simon, EPA, 
transmitting legislative language to reflect change in New Jersey's Air 
Pollution Control Act regarding confidentiality provisions.
    (C) February 3, 1994 letter from John Elston to Conrad Simon, EPA, 
requesting the use of EPA's Emission Statement waiver provision.
    (54)-(56)  [Reserved]
    (57) The redesignation and maintenance plan for Camden County and 
the Nine not-classified areas (the City of Trenton, the City of 
Burlington, the Borough of Penns Grove (part), the Borough of Freehold, 
the City of Morristown, the City of Perth Amboy, the City of Toms River, 
the Borough of Somerville, and the City of Atlantic City) submitted by 
the New Jersey Department of Environmental Protection on September 28, 
1995, as part of the New Jersey SIP. The 1990 Baseline CO Emission 
Inventory for the State of New Jersey was submitted on November 15, 1992 
and a Technical Update was submitted on November 21, 1994.
    (i) Incorporation by reference.
    (A) ``New Jersey Carbon Monoxide State Implementation Plan 
Redesignation And Maintenance Plan For Camden County,'' section 5.f, 
effective date September 28, 1995.
    (B) ``New Jersey Carbon Monoxide State Implementation Plan 
Redesignation and Maintenance Plan for the Nine Not-Classified 
Nonattainment Areas,'' section 5.f, effective date September 28, 1995.
    (ii) Additional material.
    (A) ``New Jersey Carbon Monoxide State Implementation Plan 
Redesignation And Maintenance Plan For Camden County'' with appendices, 
September 28, 1995.
    (B) ``New Jersey Carbon Monoxide State Implementation Plan 
Redesignation and Maintenance Plan for the Nine Not-Classified 
Nonattainment Areas'' with appendices, September 28, 1995.
    (58) Revisions to the New Jersey State Implementation Plan (SIP) for 
carbon monoxide concerning the oxygen content of motor vehicle gasoline, 
dated November 15, 1992 submitted by the New Jersey State Department of 
Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code Chapter 27, Subchapter 25, ``Control and Prohibition 
of Air Pollution by Vehicular Fuels,'' effective October 5, 1992 (as 
limited in Sec. 52.1605).

[37 FR 10880, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1570, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.1571   Classification of regions.

    The New Jersey 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)
----------------------------------------------------------------------------------------------------------------
New Jersey-New York-Connecticut Interstate...........           I          I         I         I             I  
Metropolitan Philadelphia Interstate.................           I          I       III         I             I  
Northeast Pennsylvania-Upper Delaware Valley                                                                    
 Interstate..........................................           I         II       III       III           III  
New Jersey Intrastate................................         III         IA       III         I           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10880, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]

[[Page 670]]

Sec. 52.1572  [Reserved]



Sec. 52.1573  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves New Jersey's plans for attainment and maintenance of the 
national ambient air quality 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, except as noted below in Sec. 52.1581. In addition, continued 
satisfaction of the requirements of Part D for the ozone portion of the 
SIP depends on the adoption and submittal of RACT requirements by July 
1, 1980 for the sources covered by CTGs issued between January, 1978 and 
January, 1979 and adoption and submittal by each subsequent January of 
additional RACT requirements for sources covered by CTGs issued by the 
previous January.

[45 FR 15541, Mar. 11, 1980]



Sec. 52.1574  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the legal authority to provide for public availability of emission 
data is inadequate.
    (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 55331, Nov. 28, 1975; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.1575   Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met, 
since section 26:2C-9 of the New Jersey Air Pollution Control Law could, 
in some circumstances, prohibit the disclosure of emission data to the 
public. Therefore, section 26:2C-9 is disapproved.

[39 FR 34537, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.1576   Control strategy: Nitrogen dioxide.

    (a) The requirements of Sec. 52.14(c)(3) of this chapter as of May 
8, 1974 (39 FR 16346), are not met since the plan does not provide for 
the degree of nitrogen oxides emission reduction attainable through the 
application of reasonably available control technology in the

[[Page 671]]

New Jersey portions of the New Jersey-New York-Connecticut Region.

[37 FR 10880, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 51 
FR 40677, Nov. 7, 1986]



Sec. 52.1577   Compliance schedules.

    (a) [Reserved]
    (b) The requirements of Sec. 51.261 of this chapter are not met 
since Chapter 7, section 7.1(c) of New Jersey's ``Air Pollution Control 
Code'' permits certain sources to defer compliance with Chapter 7 until 
after the required date for attainment of the national standards for 
particulate matter.
    (c) The requirements of Sec. 51.262(a) of this chapter are not met 
since Chapter 7 of New Jersey's ``Air Pollution Control Code'' does not 
provide for periodic increments of progress toward compliance for those 
sources with compliance schedules extending over a period of 18 or more 
months.
    (d) Regulation for increments of progress. (1) Except as provided in 
paragraph (d)(2) of this section, the owner or operator of any 
stationary source in the State of New Jersey to which an exception 
extending beyond January 31, 1974, is applicable under Chapter 7, 
section 7.1(c) of the New Jersey Air Pollution Control Code shall, no 
later than 120 days following the effective date of this paragraph, 
submit to the Administrator for approval, a proposed compliance schedule 
that demonstrates compliance with the emission limitations prescribed by 
Chapter 7 of the New Jersey Air Pollution Control Code as expeditiously 
as practicable but no later than July 31, 1975. The compliance schedule 
shall provide for periodic increments of progress towards compliance. 
The dates for achievement of such increments shall be specified. 
Increments of progress shall include, but not be limited to: Submittal 
of the final control plan to the Administrator; letting of necessary 
contracts for construction or process changes or issuance of orders for 
the purchase of component parts to accomplish emission control or 
process modification; initiation of onsite construction or installation 
of emission control equipment or process change; completion of onsite 
construction or installation of emission control equipment or process 
modification; and final compliance.
    (2) Where any such owner or operator demonstrates to the 
satisfaction of the Administrator that compliance with the applicable 
regulations will be achieved on or before January 31, 1974, no 
compliance schedule shall be required.
    (3) Any owner or operator required to submit a compliance schedule 
pursuant to this paragraph shall within 5 days after the deadline for 
each increment of progress, certify to the Administrator whether or not 
the required increment of the approved compliance schedule has been met.
    (4) Any compliance schedule adopted by the State and approved by the 
Administrator shall satisfy the requirements of this paragraph for the 
affected source.

[37 FR 10880, May 31, 1972, as amended at 37 FR 23090, Oct. 28, 1972; 38 
FR 12713, May 14, 1973; 40 FR 30962, July 24, 1975; 51 FR 40676, 40677, 
Nov. 7, 1986; 54 FR 25258, June 14, 1989]



Sec. 52.1578  Review of new sources and modifications.

    (a) Subchapter 18 of the New Jersey Administrative Code, entitled, 
``Control and Prohibitions of Air Pollution from Ambient Air Quality in 
Nonattainment Areas (Emission Offset Rule),'' N.J.A.C. 7:27-18.1 et 
seq., as submitted to EPA on August 5, 1980 by the New Jersey Department 
of Environmental Protection, is approved for the entire State of New 
Jersey, with the following provisions:
    (1) The definition of ``significant emission increase'' as it 
appears in section 7:27-18.1, entitled, ``Definitions,'' is disapproved. 
The following definition of ``significant emission increase'' is 
applicable: ``An increase, since December 21, 1976, in the rate of 
allowable emissions, including fugitive pollutant emissions, at a 
facility of any criteria pollutant greater than or equal to 50 tons per 
year, 1,000 pounds per day, or 100 pounds per hour, not including 
decreases in the rates of allowable emissions except where such 
decreases are contemporaneous with emission increases. The increase in 
the rates of allowable emissions shall be the cumulative total of 
increases from all new or altered equipment for which permits

[[Page 672]]

have been issued on or after December 21, 1976 and for which permit 
applications have been received by the Department, and the fugitive 
emissions associated with that equipment. The hourly and daily rates 
shall apply only with respect to a pollutant for which a national 
ambient air quality standard for a period not exceeding 24 hours has 
been established.
    (2) Subsection (e)(1) under section 7:27-18.2, entitled, ``General 
Provisions,'' is disapproved and replaced with the following: ``The 
requirements of paragraphs (c)(3), (c)(4), and (c)(5) of this section 
shall again become applicable when proposed new construction or 
alterations at the facility would cause the increase in the rate of 
allowable emissions of that criteria pollutant to again exceed 50 tons 
per year, 1,000 pounds per day, or 100 pounds per hour whichever is most 
restrictive. The accumulation of increases in the rate of allowable 
emissions shall resume from zero after each application of paragraphs 
(c)(3) and (c)(4) of this section.''

[39 FR 7282, Feb. 25, 1974, as amended at 46 FR 21996, Apr. 15, 1981; 51 
FR 40677, Nov. 7, 1986; 60 FR 33923, June 29, 1995]



Sec. 52.1579   Intergovernmental cooperation.

    (a) The requirements of subpart M of this chapter are not met since 
the plan does not adequately describe the responsibilities of local 
agencies.

[37 FR 10880, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986]
Secs. 52.1580--52.1581  [Reserved]



Sec. 52.1582  Control strategy and regulations: Ozone (volatile organic substances) and carbon monoxide.

    (a) Subchapter 16 of the New Jersey Administrative Code, entitled 
``Control and Prohibition of Air Pollution by Volatile Organic 
Substances,'' N.J.A.C. 7:27-16.1 et seq. as revised on December 31, 1981 
and effective March 1, 1982, is approved with the following provisions 
and conditions:
    (1) Subsections 16.6(c)(4) and 16.6(c)(5) are approved. The State 
must comply with the public participation procedures it submitted to EPA 
on December 19, 1980 and must supply to EPA a copy of each notice of a 
proposed bubble that it supplies the public. In addition, the State must 
promptly transmit to EPA notice setting forth each set of emission 
limits approved by the state pursuant to subsections 16.6(c)(4) and 
16.6(c)(5) as well as the emission limitations previously applicable. 
Finally, the State must transmit any relevant additional material EPA 
may request, and it must notify the public of an approved set of 
emission limits at the time it transmits notice of those limits to EPA.
    (2) Emission limitations required by subsections 16.5(a), 16.6(a) 
and 16.6(b) are applicable requirements of the New Jersey SIP for the 
purposes of section 113 of the Clean Air Act and shall be enforceable by 
EPA and by citizens in the same manner as other requirements of the SIP; 
except that emission limitations adopted by the State under and which 
comply with subsections 16.6(c) (4) and (5) shall be the applicable 
requirements of the New Jersey SIP in lieu of those contained in 
subsections 16.5(a), 16.6(a) and 16.6(b) and shall be enforceable by EPA 
and by citizens, if the State meets the requirements set out in 
paragraph (d)(1) of this section.
    (3) Although EPA approves the variance provisions in subchapter 
7:27-16.9 and 7:27-16.10, in order to be considered as part of the SIP, 
each variance issued under these provisions must be submitted to and 
approved by EPA as a SIP revision.
    (4) The December 17, 1979 version of Subchapter 16 is approved as a 
part of the SIP only to the extent that it addresses compliance dates 
for Group I Control Techniques Guideline source categories.
    (b) Subchapter 17 of the New Jersey Administrative Code, entitled 
``Control and Prohibition of Air Pollution by Toxic Substances,'' 
N.J.A.C. 7:27-17.1 et seq. as revised on October 17, 1979 and effective 
December 17, 1979, is approved for the regulation of perchloroethylene 
dry cleaners, as further clarified in a New Jersey Department of 
Environmental Protection memorandum ``Subchapter 17 Requirements for 
Perchloroethylene Dry Cleaning Systems'' dated October 25, 1982.

[[Page 673]]

    (c) The November 15, 1993 SIP revision submitted by the New Jersey 
Department of Environmental Protection and Energy demonstrates the 
fulfillment of section 182(b)(2)(B) of the Clean Air Act for states to 
adopt RACT regulations for all sources for which EPA has issued a CTG 
before enactment of the 1990 Clean Air Act.
    (d)(1) The base year ozone precursor emission inventory requirement 
of section 182(a)(1) of the 1990 Clean Air Act Amendments has been 
satisfied for the Atlantic City, New York/ Northern New Jersey/Long 
Island, Philadelphia/Wilmington/ Trenton, and Allentown/Bethlehem/Easton 
areas of New Jersey. The inventory was submitted on November 15, 1993 
and amended on November 21, 1994 by the New Jersey Department of 
Environmental Protection as a revision to the ozone State Implementation 
Plan (SIP).
    (2) The base year carbon monoxide emission inventory requirement of 
section 187(a)(1) of the 1990 Clean Air Act Amendments has been 
satisfied for the entire State. The inventory was submitted on November 
15, 1992 and amended on September 28, 1995 by the New Jersey Department 
of Environmental Protection as a revision to the carbon monoxide State 
Implementation Plan.

[46 FR 20556, Apr. 6, 1981, and 48 FR 51480, Nov. 9, 1983, as amended at 
59 FR 49211, Sept. 21, 1994; 60 FR 51354, Oct. 2, 1995; 60 FR 62746, 
Dec. 7, 1995]



Sec. 52.1583  Requirements for state implementation plan revisions relating to new motor vehicles.

    New Jersey must comply with the requirements of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]
Secs. 52.1584--52.1600  [Reserved]



Sec. 52.1601   Control strategy and regulations: Sulfur oxides.

    (a) The applicable limitation on the sulfur content of fuel marketed 
and used in New Jersey until and including March 15, 1974, as set forth 
in N.J.A.C. subchapter 7:1-3.1 is approved, except that the use of coal 
in the following utility plants and boiler units is not approved:1
---------------------------------------------------------------------------

    1Action by the Administrator regarding coal conversion at the listed 
plants and units is being held in abeyance until the Administrator 
determines whether and to what extent that conversion cannot be 
deferred, based on analysis of fuel allocations for residual oil and 
coal in the Mid-Atlantic and New England States.

[[Page 674]]



----------------------------------------------------------------------------------------------------------------
               Company                          Plant                     City                Boiler unit(s)    
----------------------------------------------------------------------------------------------------------------
Atlantic City Electric...............  Deepwaters.............  Deepwaters.............  5/7, 7/9, 3/5, 4/6.    
Public Service Electric & Gas........  Essex..................  Newark.................  All.                   
    Do...............................  Sewaren................  Woodbridge.............  Do.                    
    Do...............................  Bergen.................  Bergen.................  No. 1.                 
    Do...............................  Burlington.............  Burlington.............  1-4.                   
    Do...............................  Kearney................  Kearney................  All.                   
    Do...............................  Hudson.................  Jersey City............  No. 1.                 
Jersey Central Power & Light.........  Sayreville.............  Sayreville.............  All.                   
    Do...............................  E. H. Werner...........  South Amboy............  Do.                    
----------------------------------------------------------------------------------------------------------------

    (b) Before any steam or electric power generating facility in Zone 
3, as defined in N.J.A.C. 7:27-10.1, burning fuel oil on June 4, 1979, 
having a rated hourly gross heat input greater than 200,000,000 British 
Thermal Units (BTU's), and capable of burning coal without major 
reconstruction or construction, which facility was in operation prior to 
May 6, 1968, or group of such facilities having a combined rated hourly 
capacity greater than 450,000,000 BTU's may be permitted by the State to 
convert to the use of coal, the State shall submit to EPA a copy of the 
proposed permit together with an air quality analysis employing 
methodology acceptable to EPA. If EPA determines, on the basis of the 
submitted analysis, that the proposed coal conversion will not interfere 
with the attainment or maintenance of air quality standards and will not 
be the cause for any Prevention of Significant Deterioration (PSD) 
increment to be exceeded, then the permit authorizing conversion may 
become effective immediately upon the publication of such a 
determination (as a Notice) in the Federal Register. If EPA determines 
that the submitted analysis is inadequate or that it shows that the 
proposed conversion will interfere with attainment or maintenance of air 
quality standards or cause any PSD increment to be exceeded, then EPA 
shall so inform the State of its determination, and the permit 
authorizing conversion shall not become effective and conversion shall 
not occur until an adequate analysis is submitted or, if necessary, 
until a control strategy revision which would require any necessary 
emission reductions is submitted by the State and placed into effect as 
an EPA approved revision to the implementation plan. In addition, this 
same procedure shall apply to any State permit applied for that would 
authorize a relaxation in the sulfur-in-coal limitation at any such 
facility, as defined above in this paragraph, having already been 
granted a permit to convert to coal.
    (c) The U.S. Gypsum Co. in Clark, New Jersey is permitted to burn 
fuel oil with a sulfur content of 2.0 percent, by weight, at either 
Boiler 1, 2 or 3 until March 31, 1985 or until Boiler 4 is ready to 
burn coal, whichever occurs first. Such oil burning must conform with 
New Jersey requirements and conditions as set forth in applicable 
regulations and administrative orders.

[39 FR 1439, Jan. 9, 1974, as amended at 44 FR 31979, June 4, 1979; 44 
FR 38471, July 2, 1979; 49 FR 30179, July 27, 1984]
Sec. 52.1602  [Reserved]



Sec. 52.1603   Significant deterioration of air quality.

    (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 Sec. 52.21(b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of New Jersey.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980]



Sec. 52.1604  Control strategy and regulations: Total suspended particulates.

    (a) Any variance issued by the Department under N.J.A.C. Title 7, 
Chapter 27, section 6.5, subsections (a), (b), or (c) shall not exempt 
any person from the requirements otherwise imposed by N.J.A.C. 7:27-6.1 
et seq.; Provided that the Administrator may approve such variance as a 
plan revision when the

[[Page 675]]

provisions of this part, section 110(a)(3)(A) of the Act, and 40 CFR, 
part 51 (relating to approval of and revisions to State implementation 
plans) have been satisfied with respect to such variance.
    (b) Particulates emissions from units 1 and 2 of the Atlantic City 
Electric Company's B.L. England Generating Station are limited to an 
emission rate of 0.5 lbs/million BTU until March 31, 1982 and June 1, 
1982, respectively. The opacity associated with such emissions from 
these units during this period shall not exceed 40 percent. On and after 
March 31, 1982 for unit 1, and June 1, 1982 for unit 2, these units 
shall be limited to an emission rate of 0.1 lbs/million BTU, and the 
associated opacity shall not exceed 20 percent.

[44 FR 5427, Jan. 26, 1979 and 46 FR 26305, May 12, 1981]

[[Page 676]]

Sec. 52.1605  EPA-approved New Jersey regulations.

----------------------------------------------------------------------------------------------------------------
                                     State effective                                                            
         State regulation                 date            EPA approved date                 Comments            
----------------------------------------------------------------------------------------------------------------
Title 7, Chapter 26                                                                                             
                                                                                                                
Subchapter 2A, ``Additional,       June 1, 1987......  June 29, 1990, 55 FR     ................................
 Specific Disposal Regulations                          26689.                                                  
 for Sanitary Landfills.''                                                                                      
Title 7, Chapter 27                                                                                             
                                                                                                                
Subchapter 1, ``General            May 1, 1956.......  May 31, 1972, 37 FR      ................................
 Provisions''.                                          10880.                                                  
Subchapter 2, ``Control and        June 8, 1981......  Sept. 30, 1981, 46 FR    ................................
 Prohibition of Open Burning''.                         47779.                                                  
Subchapter 3, ``Control and        Oct. 12, 1977.....  Jan. 27, 1984, 49 FR     ................................
 Prohibition of Smoke from                              3465.                                                   
 Combustion of Fuel.                                                                                            
Subchapter 4, ``Control and        Oct. 12, 1977.....  ......do...............  ................................
 Prohibition of Particles from                                                                                  
 Combustion of Fuel.                                                                                            
Subchapter 5, ``Prohibition of     Oct. 12, 1977.....  ......do...............  ................................
 Air Pollution.                                                                                                 
Subchapter 6, ``Control and        May 23, 1977......  Jan. 26, 1979, 44 FR     Section 6.5, ``Variances,'' is  
 Prohibition of Particles From                          5427.                    not approved (40 CFR           
 Manufacturing Processes''                                                       52.1570(c)(20) and 52.1604(a)).
 (except section 6.5).                                                           Any State-issued variances must
                                                                                 be formally incorporated as SIP
                                                                                 revisions if EPA is to be bound
                                                                                 to their provisions (40 CFR    
                                                                                 52.1604(a)).                   
Subchapter 7, ``Sulfur''.........  Mar. 1, 1967......  May 31, 1972, 37 FR      ................................
                                                        10880.                                                  
Subchapter 8, ``Permits and        Apr. 5, 1985......  Nov. 25, 1986, 51 FR                                     
 Certificates, Hearings, and                            42573.                                                  
 Confidentiality;''.                                                                                            
Sections 8.1, 8.2, and 8.11......  Mar. 2, 1992......  Apr. 15, 1994, 59 FR                                     
                                                        17935                                                   
Subchapter 9, ``Sulfur in Fuels''  Feb. 4, 1983......  July 8, 1983, 48 FR      Sulfur dioxide ``bubble''       
                                                        31400.                   permits issued by the State    
                                                                                 pursuant to Sec.  9.2 and not  
                                                                                 waived under the provisions of 
                                                                                 Sec.  9.4 become applicable    
                                                                                 parts of the SIP only after    
                                                                                 receiving EPA approval as a SIP
                                                                                 revision. ``Clean conversion   
                                                                                 incentive'' permits issued     
                                                                                 pursuant to Sec.  9.5 must     
                                                                                 receive EPA approval as a SIP  
                                                                                 revision to become applicable  
                                                                                 parts of the SIP.              
Subchapter 10, ``Sulfur in Solid   July 14, 1981.....  Nov. 3, 1981, 46 FR      Notification of ``large zone 3  
 Fuels''.                                               54542.                   coal conversions'' must be     
                                                                                 provided to EPA (40 CFR        
                                                                                 52.1601(b)).                   
Subchapter 11, ``Incinerators''..  Aug. 15, 1968.....  May 31, 1972, 37 FR      ................................
                                                        10880.                                                  
Subchapter 12, ``Prevention and    Mar. 27, 1972.....  ......do...............  ................................
 Control of Air Pollution                                                                                       
 Emergencies''.                                                                                                 
Subchapter 13, ``Ambient Air       June 25, 1985.....  Nov. 25, 1986, 51 FR     ................................
 Quality Standards''.                                   42573..                                                 
Subchapter 14, ``Control and       July 1, 1985......  June 13, 1986..........                                  
 Prohibition of Air Pollution                                                                                   
 From Diesel-Powered Motor                                                                                      
 Vehicles.''                                                                                                    
Subchapter 15, ``Control and       Jan. 21, 1985.....  Sept. 17, 1992, 57 FR     Variances adopted by the State 
 Prohibition of Air Pollution                           42893.                   pursuant to Sec.  15.8 become  
 From Light-Duty Gasoline-Fueled                                                 applicable only if approved by 
 Motor Vehicles''.                                                               EPA as SIP revisions.          
Subchapter 16, ``Control and       Mar. 2, 1992......  Apr. 15, 1994, 59 FR     Earlier versions of Subchapter  
 Prohibition of Air Pollution by                        17935                    16 remain part of the SIP only 
 Volatile Organic Compounds''.                                                   to the extent of determining   
                                                                                 compliance dates which have    
                                                                                 since passed.                  
Subchapter 17, ``Control and       Mar. 2, 1992......  Apr. 15, 1994, 59 FR     Subchapter 17 is included in the
 Prohibition of Air Pollution by                        17935                    SIP only as it relates to the  
 Toxic Substances;''.                                                            control of perchloroethylene.  

[[Page 677]]

                                                                                                                
Subchapter 18, ``Control and       Sept. 8, 1980.....  Apr. 15, 1981, 46 FR     The definitions of ``significant
 Prohibition of Air Pollution                           21996.                   emission increase,'' in Secs.  
 from New or Altered Sources                                                     18.1, and 18.2(e)(1) are       
 Affecting Ambient Air Quality in                                                disapproved. Federally         
 Nonattainment Areas (Emission                                                   promulgated regulations (40 CFR
 Offset Rule)'' (except as noted                                                 52.1578(c), published at 46 FR 
 regarding sections 18.1 and                                                     21996 on Apr. 15, 1981) are    
 18.2(e)(1)).                                                                    applicable.                    
Subchapter 18, ``Control and       Mar. 11, 1985.....  Nov. 25, 1986, 51 FR     The approval of this version of 
 Prohibition of Air Pollution                           42573..                  Subchapter 18 only relates to  
 from New or Altered Sources                                                     the review of major sources of 
 Affecting Ambient Air Quality                                                   lead and the review of         
 (Emission Offset Rule)''.                                                       significant increases of lead  
                                                                                 emissions at major sources.    
Subchapter 21, ``Emission          Mar. 15, 1993.....  Aug. 4, 1994, 59 FR                                      
 Statements;''.                                         39689.                                                  
Subchapter 23, ``Prevention of     Mar. 2, 1992......  Apr. 15, 1994, 59 FR                                     
 Air Pollution by Architectural                         17935                                                   
 Coatings and Consumer                                                                                          
 Products;''.                                                                                                   
Subchapter 25, ``Control and       Oct. 5, 1992......  Feb. 12, 1996, 61 FR     Approves 1992 revision of       
 Prohibition of Air, Pollution by                       5302.                    Subchapter 25 except that (1)  
 Vehicular Fuels;''.                                                             oxygenated gasoline provisions 
                                                                                 are approved only as they apply
                                                                                 to the four month control      
                                                                                 period from November 1 through 
                                                                                 the last day in February,      
                                                                                 consistent with the February   
                                                                                 21, 1995 NJDEP modification of 
                                                                                 N.J.A.C. 7:27-25; and (2)      
                                                                                 oxygenated gasoline provisions 
                                                                                 are approved only as they apply
                                                                                 to the Northern New Jersey     
                                                                                 portion of the New York-       
                                                                                 Northern New Jersey-Long Island
                                                                                 consolidated metropolitan      
                                                                                 statistical area.              
                                                                                                                
Title 7, Chapter 27B                                                                                            
                                                                                                                
Subchapter 3, ``Air Test Method    Mar. 2, 1992......  Apr. 15, 1994, 59 FR                                     
 3: Sampling and Analytic                               17935                                                   
 Procedures for the Determination                                                                               
 of Volatile Organic Compounds                                                                                  
 from Source Operations''.                                                                                      
Subchapter 4, ``Air Test Method    July 1, 1985......  June 13, 1986..........  Only Sections 1, 2, 3 and 4 of  
 4, Testing Procedures for Motor                                                 Subchapter 4 are approved.     
 Vehicles.''                                                                                                    
                                                                                                                
Title 13, Chapter 20:                                                                                           
                                                                                                                
    Subchapter 28, ``Enforcement   Jan. 21, 1985.....  September 17, 1992. 57                                   
     Service Inspection of New                          FR 42893.                                               
     Passenger Vehicles and New                                                                                 
     Motorcyles''.                                                                                              
                                                                                                                
Title 16, Chapter 53                                                                                            
                                                                                                                
``Autobus Specifications''.......  Sept. 26, 1983....  June 13, 1986..........  Only Sections 3.23, 3.24, 3.27, 
                                                                                 6.15, 6.21, 6.30, 7.14, 7.17,  
                                                                                 7.23, 8.15, 8.22, 8.25 are     
                                                                                 approved.                      
----------------------------------------------------------------------------------------------------------------



  [46 FR 57677, Nov. 25, 1981, and 46 FR 61266, Dec. 16, 1981, as amended at 48 FR 31400, July 8, 1983; 48 FR   
 51480, Nov. 9, 1983; 49 FR 3465, Jan. 27, 1984; 51 FR 21549, June 13, 1986; 51 FR 23418, June 27, 1986; 51 FR  
 42573, Nov. 25, 1986; 54 FR 25582, June 16, 1989; 55 FR 26689, June 29, 1990; 56 FR 50518, Oct. 7, 1991; 57 FR 
 42893, Sept. 17, 1992; 57 FR 53441, Nov. 10, 1992; 58 FR 29977, May 25, 1993; 59 FR 17935, Apr. 15, 1994; 59 FR
 39689, Aug. 4, 1994; 60 FR 32276, June 21, 1995; 61 FR 5302, Feb. 12, 1996]                                    
                                                                                                                


[[Page 678]]



Sec. 52.1606  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met because the plan does not include approvable procedures meeting the 
requirements of 40 CFR 51.305 and 51.307 for protection of visibility in 
mandatory Class I Federal areas.
    (b) Regulations for visibility monitoring and new source review. The 
provisions of Secs. 52.26 and 52.28 are hereby incorporated and made 
part of the applicable plan for the State of New Jersey.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of New 
Jersey.

[51 FR 23759, July 1, 1986, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.1607  Small business technical and environmental compliance assistance program.

    On January 11, 1993, the New Jersey Department of Environmental 
Protection and Energy submitted a plan for the establishment and 
implementation of a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program for incorporation in the New 
Jersey state implementation plan. This plan satisfies the requirements 
of section 507 of the Clean Air Act, and New Jersey must implement the 
program as approved by EPA.

[59 FR 34386, July 5, 1994]



                         Subpart GG--New Mexico



Sec. 52.1620   Identification of plan.

    (a) Title of plan: ``State of New Mexico Implementation Plan.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The Plan revisions listed below are submitted on the dates 
specified.
    (1) The Environmental Improvement Agency submitted revisions of Air 
Quality Control Regulations 506, 507, 604, 605, 606, 651, and 652 
(adopted by the Board on January 10, 1972) on March 7, 1972.
    (2) Additions of sections 12-14-1 through 12-14-13 of the State's 
Air Quality Control Act, and Regulations 504, 602, and 603 were 
submitted by the Governor on May 9, 1972.
    (3) Revisions of Regulations 702, 703, 704, and 705, as adopted by 
the Board on July 29, 1972, and revisions of Sections IV, V, VII, and 
VIII, were submitted by the Environmental Improvement Agency on July 31, 
1972.
    (4) State Attorney General's opinion on legal authority and 
confidentiality of source data was submitted on September 4, 1972. (Non-
regulatory)
    (5) Revisions of the New Source Review and Source Surveillance 
sections of the New Mexico Implementation Plan were submitted by the 
Environmental Improvement Agency on January 3, 1973. (Non-regulatory)
    (6) Clarification of the State permit and source surveillance 
regulations was submitted by the Environmental Improvement Agency on 
January 18, 1973. (Non-regulatory)
    (7) Regulation 705, Compliance Schedules, was submitted by the 
Governor on February 12, 1974.
    (8) Revisions to Regulation 602, Coal Burning Equipment-Sulfur 
Dioxide, as adopted by the New Mexico Environmental Improvement Board on 
December 13, 1974, were submitted by the Governor on October 3, 1975 
(see Sec. 52.1624).
    (9) Revisions to Regulation 100, Definitions, Regulation 705, 
Schedules of Compliance, and a new Regulation 706, Air Quality 
Maintenance Areas, were submitted by the Governor on November 6, 1975 
(see Sec. 52.1633).
    (10) Revisions to sections 12-14-2, 12-14-6, and 12-14-7 of the New 
Mexico Air Quality Control Act were submitted by the Governor on 
November 6, 1975.
    (11) Revisions to the plan for attainment of standards for 
particulate matter in Albuquerque and Grant, Eddy and Lea Counties, 
sulfur dioxide in San Juan and Grant Counties; ozone in Albuquerque and 
carbon monoxide in Las Cruces, Farmington and Santa Fe were submitted by 
the Governor on January 23, 1979.
    (12) Ordinance for motor vehicle emissions inspection/maintenance 
program for Albuquerque submitted by the Governor July 2, 1979.
    (13) Commitments regarding the development of a TSP plan for 
Albuquerque, modifications to the permit regulations and commitments 
regarding

[[Page 679]]

reasonable further progress and commitments to currently planned 
transportation control measures for Albuquerque were submitted by the 
Governor on August 2, 1979.
    (14) Schedule for Albuquerque TSP plan, request for 18 month 
extension for submission of a plan for attainment of the TSP standard in 
Grant County, schedule for revising permit regulations were submitted by 
the Governor on September 25, 1979.
    (15) No action is being taken on the carbon monoxide strategies 
submitted by the Governor on January 23, 1979 for Farmington and Santa 
Fe.
    (16) Compliance schedules for several industries located in Eddy, 
Lea and Grant Counties were submitted to EPA by the Governor of New 
Mexico on July 25, 1979.
    (17) Revisions to the plan for attainment of the standard for carbon 
monoxide in Bernalillo County were submitted by the Governor on March 
17, 1980.
    (18) A commitment to not issue permits to stationary sources located 
in nonattainment areas was submitted by the Governor on May 20, 1980.
    (19) A commitment to submit an enforcement plan for the Albuquerque-
Bernalillo County inspection/maintenance program was submitted by the 
Governor on October 10, 1980.
    (20) On December 12, 1979, the Governor submitted final revisions to 
the ambient monitoring portion of plan.
    (21) A variance to Regulation 506 for Phelps Dodge Corporation, 
Hidalgo Smelter in Playas, New Mexico was submitted by the Governor on 
February 4, 1980.
    (22) Revisions to Regulation 602, Coal Burning Equipment-Sulfur 
Dioxide and a compliance schedule for that regulation were adopted on 
November 20, 1980 by the New Mexico Environmental Improvement Board and 
submitted by the Governor on November 24, 1980. A revised sulfur dioxide 
control strategy demonstration for San Juan County, based on revised 
Regulation 602 was submitted by the New Mexico Environmental Improvement 
Division on February 12, 1981. Clarifications of provisions in revised 
regulation 602, and a memorandum of understanding between the State and 
Arizona Public Service Company on the procedure to be used by EPA in 
enforcing power plant station emission limits were submitted by the New 
Mexico Environmental Improvement Division on April 16, 1981.
    (23) A revision to Regulation 504 which extends the final compliance 
date for Units 4 and 5 of the Arizona Public Service Four Corners Power 
Plant to December 31, 1982 was submitted by the Governor on June 28, 
1978. A compliance schedule for the same units was submitted by the 
Governor on March 31, 1980.
    (24) A revision to Regulation 507, changing the emission limitations 
was submitted by the Governor on January 23, 1979.
    (25) A variance to Regulation 603 for the Arizona Public Service 
Units 3, 4, and 5 at the Four Corners Generating Station, was submitted 
by the Governor on July 31, 1980.
    (26) Revision to the plan for maintenance of pay for sources subject 
to nonferrous smelter orders (Section 74-2-11.1B of the New Mexico Air 
Quality Control Act) was submitted by the Governor on September 26, 
1979.
    (27) The New Mexico Plan for lead was submitted to EPA on May 19, 
1980, by the Governor of New Mexico as adopted by the New Mexico 
Improvement Board on May 9, 1980. A clarifying letter dated February 10, 
1982 also was submitted.
    (28) Revisions to Regulation 652, Non-Ferrous Smelters--Sulfur, 
submitted by the Governor on June 22, 1981. A revised sulfur dioxide 
control strategy demonstration for Grant County based on the revised 
Regulation 652 was submitted by the New Mexico Environmental Improvement 
Division on May 12, 1981 and August 13, 1981.
    (29) A revision to Regulation 401, Regulation to Control Smoke and 
Visible Emissions, was adopted by the Environmental Improvement Board on 
August 25, 1978 and submitted by the Governor on November 8, 1978.
    (30) Revision to New Mexico Regulation 801, Excess Emissions during 
Malfunction, Startup, Shutdown or Scheduled Maintenance, was submitted 
by the Governor on May 16, 1981.

[[Page 680]]

    (31) Revisions to Section X, Intergovernmental Consultation and 
Cooperation and Interstate Pollution Abatement, submitted by the 
Governor on January 23, 1979, the Intergovernmental Consultation Program 
submitted by the Environmental Improvement Division, March 28, 1980 and 
copies of letters from the New Mexico Environmental Improvement Division 
dated November 7, 1977 to the States of Texas, Oklahoma, Arizona, 
Colorado, and Utah sent in compliance with section 126(a)(2) of the 
Clean Air Act, as amended in 1977.
    (32) Revisions to Air Quality Control Regulation 652, Nonferrous 
Smelters--Sulfur were adopted by the New Mexico Environmental 
Improvement Board on June 11, 1982 and submitted to EPA by the Governor 
of New Mexico on July 26, 1982.
    (33) Addition of Public Information and Participation Program, 
submitted by the Environmental Improvement Division on December 20, 
1979.
    (34) Revisions to the plan for attainment of the standard for Carbon 
Monoxide in Bernalillo County were submitted by the Governor on June 28, 
1982, and January 26, 1983, which included the Albuquerque/Bernalillo 
County Air Quality Control Board Regulation Number 28, adopted October 
19, 1982. On March 4, 1985, the vehicle inspection and maintenance 
portion of the SIP providing for attainment of the standard for Carbon 
Monoxide in Bernalillo County was disapproved.
    (35) Revisions to sections 74-2-2 (9/79, 2/82, 4/83); 74-2-5 (9/79, 
2/82, 4/83); 74-2-6 (2/82); 74-2-7 (9/79, 2/82, 4/83); 74-2-9 (9/79); 
74-2-11 (9/79); 74-2-11.1 (9/79); 74-2-15 (9/79); and 74-2-15.1 (9/79) 
of the State's Air Quality Control Act were submitted by the New Mexico 
Secretary for Health and Environment on August 11, 1983.
    (36) A revision to Air Quality Control Regulation 402 ``Regulation 
to Control Wood Waste Burners'' as adopted by the New Mexico 
Environmental Improvement Board on January 10, 1975, and revised by that 
Board on December 10, 1982, was submitted by the State on December 23, 
1983.
    (37) On February 21, 1984, the Governor of New Mexico submitted Air 
Quality Control Regulation 707--Permits, Prevention of Significant 
Deterioration (PSD), as adopted by the New Mexico Environmental 
Improvement Board on January 13, 1984. Regulation 707 provides authority 
for the State to implement the PSD program in certain areas of the 
State. On May 14, 1985, the Governor of New Mexico submitted a letter in 
which he committed the State not to issue PSD permits under Regulation 
707 to sources which would require review under EPA's stack height 
regulations because they would have stack heights over sixty five (65) 
meters or would use any other dispersion techniques, as defined at 40 
CFR 51.1(hh).
    (i) Incorporation by reference.
    (A) Letter from the Governor of New Mexico dated February 21, 1984 
to EPA, and New Mexico Air Quality Control Regulation No. 707--Permits, 
Prevention of Significant Deterioration of Air Quality, except for 
sources that locate (or are located) on lands under control of Indian 
Governing Bodies, or sources that locate (or are located) in Bernalillo 
County, or sources that require review under EPA's stack height 
regulations because they have stack heights over sixty five (65) meters 
or use any other dispersion techniques, as defined at 40 CFR 51.1(hh), 
adopted on January 13, 1984.
    (B) A letter from the Governor of New Mexico dated May 14, 1985, in 
which he committed the State not to issue PSD permits under Regulation 
707 to source which would require review under EPA's stack height 
regulations because they would have stack heights over sixty five (65) 
meters or would use any other dispersion techniques, as defined at 40 
CFR 51.1(hh).
    (ii) Additional material.
    (A) A narrative explantion entitled ``Revision to the New Mexico 
State Implementation Plan--Prevention of Significant Deterioration of 
Air Quality.''
    (38) Revisions to the New Mexico SIP for the Arizona Public Service 
Units 3, 4 and 5 at the Four Corners Generating Station were submitted 
by the Governor on February 4, 1987, October 26, 1987, and February 16, 
1988.
    (i) Incorporation by reference.
    (A) An Order dated and effective August 7, 1986, issued by the 
Chairman of

[[Page 681]]

the New Mexico Environmental Improvement Board in the matter of Arizona 
Public Service Company, Fruitland, New Mexico for Units 3, 4 and 5 of 
the Four Corners Power Plant granting a variance through May 31, 1987, 
from Air Quality Control Regulation 603.B.
    (B) A Memorandum and Order dated and effective April 10, 1987, 
issued by the Chairman of the New Mexico Environmental Improvement Board 
in the matter of Arizona Public Service Company, Fruitland, New Mexico 
for Units 3, 4 and 5 of the Four Corners Power Plant extending the term 
of the variance from May 31, 1987 through October 15, 1987.
    (C) An Order dated and effective December 18, 1987, issued by the 
Chairman of the New Mexico Environmental Improvement board in the matter 
of Arizona Public Service Company, Fruitland, New Mexico for Units 3, 4 
and 5 of the Four Corners Power Plant extending the term of the variance 
through September 30, 1989 for Unit 4, September 30, 1990 for Unit 3, 
and September 30, 1991 for Unit 5.
    (ii) Additional material. (A) Modeling Protocol, The Four Corners 
Power Plant, prepared by Bruce Nicholson of the New Mexico Environmental 
Improvement Division, November 6, 1987.
    (B) Amendment to Modeling Protocol, letter of August 17, 1988, from 
Bruce Nicholson of the New Mexico Environmental Improvement Division to 
Gerald Fontenot of EPA Region 6.
    (C) Modeling Report, letter of October 27, 1988 to C. V. Mathai 
(Arizona Public Service Company) and Bruce Nicholson (New Mexico 
Environmental Improvement Division) from Mark Yocke of Systems 
Applications Inc.
    (D) An air quality impact analysis dated November 16, 1988, 
submitted by the Governor of New Mexico which demonstrated that the 
variance would not interfere with attainment or maintenance of the 
NO2 NAAQS.
    (39) On April 26, 1988, the Governor of New Mexico submitted a 
revision to the State Implementation Plan that contained Air Quality 
Control Regulation No. 710--Stack Height Requirements, as adopted by the 
New Mexico Environmental Improvement Board on March 10, 1988. Regulation 
No. 710 enables the State to ensure that the degree of emission 
limitation required for the control of any air pollutant under its SIP 
is not affected by that portion of any stack height that exceeds GEP or 
by any other dispersion technique.
    (i) Incorporation by reference.
    (A) New Mexico Air Quality Control Regulation No. 710--Stack Height 
Requirements, effective April 14, 1988.
    (ii) Other material--None.
    (40) On November 5, 1985, the Governor of New Mexico submitted Air 
Quality Control Regulation 709, Permits-Nonattainment Areas, as adopted 
by the New Mexico Environmental Improvement Board on July 26, 1985, and 
effective on August 25, 1985. On August 19, 1988, the Governor of New 
Mexico submitted revisions to Air Quality Control Regulation 709, 
Permits--Nonattainment Areas, as adopted by the New Mexico Environmental 
Improvement Board on July 8, 1988, and effective on August 31, 1988. 
These revisions were to Section G.3, H.4.(d), J.1.(b)(iv), and L.32. 
Regulation 709 establishes a program under which new major source and 
major modifications may be constructed in areas where a National Ambient 
Air Quality Standard (NAAQS) is being exceeded, without interfering with 
the continuing progress toward attainment of that standard. This 
regulation is part of New Mexico's New Source Review (NSR) program.
    (i) Incorporation by reference.
    (A) Incorporation of New Mexico Air Quality Control Regulation 709; 
adopted on July 26, 1985, effective August 25, 1985 and Revisions G.3; 
H.4.(d); J.1.(b)(iv); and L.32 adopted on July 8, 1988, effective August 
31, 1988.
    (ii) Additional material.
    (A) Letter dated September 29, 1988, from the New Mexico Air Quality 
Bureau Chief making commitments requested by EPA in the August 31, 1988, 
Federal Register Proposed Rulemaking (51 FR 33505).
    (41) Revisions to the New Mexico State Implementation Plan for 
particulate matter (PM10 Group III): (1) Air Quality Control 
Regulation (AQCR) 100--Definitions Sections P, Q, R, S, BB; (2) AQCR 
707--Permits, Prevention of Significant Deterioration (PSD) Sections C, 
E(8), I(4), I(9)(a), J, P(19) through P(29), P(34), P(40), Table 2, and 
Table 3; and (3) AQCR 709--Permits,

[[Page 682]]

Nonattainment Areas sections A(1)(b), A(5), and Table 1 as adopted by 
the New Mexico Environmental Improvement Board (NMEIB) on July 8, 1988, 
and filed with State Records Center on August 1, 1988; and (4) Air 
Pollution Episode Contingency Plan for New Mexico, as adopted by the 
NMEID on July 7, 1988, were submitted by the Governor on August 19, 
1988. Approval of the PM10 Group III SIP is partially based on previous 
approved AQCRs 100, 301, 401, 402, 501, 502, 506, 507, 508, 509, 510, 
511, 601, 702, 707, and 709.
    (i) Incorporation by reference.
    (A) AQCR 100--Definitions Section P, Q, R, S, and BB as filed with 
State Records Center on August 1, 1988.
    (B) AQCR 707--Permits, Prevention of Significant Deterioration (PSD) 
Sections C, E(8), I(4), I(9)(a), J, P(19) through P(29), P(34), P(40), 
Table 2, and Table 3, as filed with State Records Center on August 1, 
1988.
    (C) AQCR 709--Permits, Nonattainment Areas Sections A(1)(b), A(5), 
and Table 1 as filed with State Records Center on August 1, 1988.
    (ii) Additional Material.
    (A) A letter dated May 25, 1988, from the NMEID General Counsel to 
EPA's Region 6 Air Programs Chief indicating that the State of New 
Mexico has sufficient authority to enforce the NAAQS without adopting 
the Federal NAAQS as State standards.
    (42) [Reserved]
    (43) A revision to the New Mexico State Implementation Plan (SIP) to 
include Air Quality Control Regulation 700--Filing and Permit Fees, as 
filed with the State Records and Archives Center on November 20, 1989, 
and submitted by the Governor of New Mexico on May 14, 1990.
    (i) Incorporation by reference.
    (A) New Mexico Air Quality Control Regulation 700--Filing and Permit 
Fees, as filed with the State Records and Archives Center on November 
20, 1989.
    (44) A revision to the New Mexico State Implementation Plan (SIP) to 
include: Air Quality Control Regulation 110--Confidential Information 
Protection, and Air Quality Control Regulation 703.1--Notice of Intent 
and Emissions Inventory Requirements, and revisions to Air Quality 
Control Regulations 100--Definitions and 709--Permits--Nonattainment 
Areas, as all filed with the State Records and Archives Center on May 
29, 1990, and submitted by the Governor of New Mexico on July 16, 1990; 
and revisions to Air Quality Control Regulation 702--Permits, as filed 
with the State Records and Archives Center on August 18, 1987, on 
October 19, 1988, and on May 29, 1990. Air Quality Control Regulation 
702 was first submitted by the Governor of New Mexico to EPA on 
September 17, 1987. Further revisions to Air Quality Control Regulation 
702 were submitted to EPA on October 28, 1988, and on July 16, 1990. The 
approval of Air Quality Control Regulation 703.1 allows Air Quality 
Control Regulation 703 to be removed from the New Mexico State 
Implementation Plan.
    (i) Incorporation by reference
    (A) New Mexico Air Quality Control Regulation 110--Confidential 
Information Protection, as filed with the State Records and Archives 
Center on May 29, 1990.
    (B) New Mexico Air Quality Control Regulation 703.1--Notice of 
Intent and Emissions Inventory Requirements, ``Part One--Definitions;'' 
``Part Two--Notice of Intent;'' and ``Part Three--Emissions Inventory 
Requirements,'' as filed with the State Records and Archives Center on 
May 29, 1990.
    (C) New Mexico Air Quality Control Regulation 100--Definitions, 
sections (B), (C), (D), (E), (F), (G), (H), (I), (J), (N), (O), (T), 
(U), (V), (W), (X), (Y), (Z), (AA), (CC), (DD), and (EE), as filed with 
the State Records and Archives Center on May 29, 1990.
    (D) New Mexico Air Quality Control Regulation 702--Permits, ``Part 
One--Definitions,'' first paragraph and sections 1, 2, 3, 4, 5; ``Part 
Two--Permit Processing and Requirements,'' section A, subsections A(4), 
A(6); section G, ``Public Notice and Participation,'' subsections G(1) 
(first paragraph), G(1)(e); section H, ``Permit Decisions and Appeals,'' 
subsections H(1), H(2), H(3), H(5), H(6), H(7); Section I, ``Basis for 
Denial of Permit,'' subsections I(1), I(3); Section J, ``Additional 
Legal Responsibilities on Applicants;'' section K, ``Permit 
Conditions,'' subsections

[[Page 683]]

K(1), K(2), K(3), K(4); section L, ``Permit Cancellations;'' section M, 
``Permittee's Notification Requirements to Division,'' subsections M 
(first paragraph), M(1); Section O, ``Source Class Exemption Process 
(Permit Streamlining),'' subsections O(1)(a), O(2); and section P, 
``Emergency Permit Process,'' subsections P(2), P(3), P(4), as filed 
with the State Records and Archives Center on August 18, 1987; and 
further revisions to Air Quality Control Regulation 702, ``Part One--
Definitions,'' sections 6, 7, 8, 9, 10, 11; ``Part Two--Permit 
Processing and Requirements,'' section A, subsection A(1)(b); section H, 
``Permit Decisions and Appeals,'' subsection H(4); and section I, 
``Basis for Denial of Permit,'' subsection I (first paragraph), as filed 
with the State Records and Archives Center on October 19, 1988; and 
further revisions to Air Quality Control Regulation 702, ``Part One--
Definitions,'' Sections 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 
24, 25, 26, 27, 28, 29, 30, 31, 32, 33; ``Part Two--Permit Processing 
and Requirements,'' section A, ``Application for Construction, 
Modification, NSPS, and NESHAP--Permits and Revisions,'' Subsections 
A(1)(a)(i), A(1)(a)(ii), A(1)(a)(iii), A(1)(a)(v), A(2), A(3), A(5), 
A(7); Section B, ``New Source Review Coordination;'' section C, ``Permit 
Revision;'' section D, ``Contents of Applications (except last sentence 
of section D, subsection D(1)(d));'' section E, ``Confidential 
Information Protection;'' section F, ``Construction, Modification and 
Permit Revision in Bernalillo County;'' section G, ``Public Notice and 
Participation,'' subsections G(1)(a), G(1)(b), G(1)(c), G(1)(d), 
G(1)(f), G(2); section I, ``Basis for Denial of Permit,'' subsections 
I(2), I(4), I(5), I(6), I(7); section K, ``Permit Conditions,'' 
subsection K(5); section M, ``Permittee's Notification Requirements to 
Division,'' Subsections M(2), M(3), M(4); section N, ``Startup and 
Followup Testing;'' Section O, ``Source Class Exemption Process (Permit 
Streamlining),'' subsections O(1) (first paragraph), O(1)(b), O(1)(c), 
O(3), O(4); section P, ``Emergency Permit Process,'' subsections P(1), 
P(5); section Q, ``Nonattainment Area Requirements;'' and Table 1, 
``Significant Ambient Concentrations,'' as filed with the State Records 
and Archives Center on May 29, 1990.
    (E) New Mexico Air Quality Control Regulation 709--Permits--
Nonattainment Areas, section A, ``Applicability,'' subsections A(1), 
A(3), A(4); section B, ``Source Obligation,'' subsections B(3), B(5), 
B(6); section C, ``Source Information,'' subsections C (first 
paragraph), C(1), C(2); section D, ``Source Requirements,'' subsections 
D(1), D(2), D(3), D(4), D(5); section E, ``Additional Requirements for 
Sources Impacting Mandatory Federal Class I Areas,'' subsections E(1), 
E(2), E(5); section H, ``Banking of Emission Reduction,'' subsection 
H(4)(a); section I, ``Air Quality Benefit,'' subsections I(1), I(2); 
section J, ``Public Participation and Notification;'' section K, 
``Definitions;'' and Table 2, ``Fugitive Emissions Source Categories,'' 
Title only, as filed with the State Records and Archives Center on May 
29, 1990.
    (45) On July 11, 1986, the Governor of New Mexico submitted a 
revision to the State Implementation Plan that contained Albuquerque/
Bernalillo County Air Quality Control Regulation (AQCR) No. 33--Stack 
Height Requirements, as filed with the State Records and Archives Center 
on June 18, 1986. Further, on April 14, 1989, the Governor submitted 
revisions to AQCR 33, as filed with the State Records and Archives 
Center on March 16, 1989. In addition, on August 7, 1989, the Governor 
submitted a commitment found in the July 12, 1989 Supplement to AQCR 33 
to include specific caveat language on all affected permits issued in 
which dispersion credits have been an issue in the permit. AQCR 33 
enables Albuquerque/Bernalillo County to ensure that the degree of 
emission limitation required for the control of any air pollutant under 
its SIP is not affected by that portion of any stack height that exceeds 
GEP or by any other dispersion technique.

    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation 
33--Stack Height Requirements, as filed with the State Records and 
Archives Center on June 18, 1986, and as revised on March 16, 1989.
    (ii) Additional material.

[[Page 684]]

    (A) The Supplement to the State of New Mexico's SIP regarding stack 
heights in new source review (NSR) for permits issued in Bernalillo 
County, as adopted by the Albuquerque/Bernalillo County Air Quality 
Control Board on July 12, 1989. The Board in this Supplement committed 
to include specific caveat language for all affected permits issued in 
which dispersion credits have been an issue in the permit.
    (46) Revisions to the New Mexico State Implementation Plan for Air 
Quality Control Regulation (AQCR) 707--Permits, Prevention of 
Significant Deterioration (PSD) (for PSD nitrogen dioxide increments) 
Sections O(4), P(7) through P(41), Table 4, and Table 5, as adopted by 
the New Mexico Environmental Improvement Board (NMEIB) on March 9, 1990, 
and filed with State Records Center on May 29, 1990, were submitted by 
the Governor on July 16, 1990.
    (i) Incorporation by reference.
    (A) AQCR 707--Permits, Prevention of Significant Deterioration (PSD) 
sections O(4), P(7) through P(41), Table 4, and Table 5, as filed with 
State Records Center on May 29, 1990.
    (ii) Additional Material--None.
    (47) A revision to the New Mexico State Implementation Plan (SIP) to 
include Part Four of Air Quality Control Regulation 702, entitled 
``Source Class Permit Streamlining,'' as filed with the State Records 
and Archives Center on May 12, 1992, and submitted by the Governor of 
New Mexico by letter dated June 16, 1992.
    (i) Incorporation by reference.
    (A) New Mexico Air Quality Control Regulation 702--Permits, ``Part 
Four--Source Class Permit Streamlining,'' Section A, ``Definitions;'' 
Section B, ``Applicability;'' Section C, ``Contents of Application;'' 
Section D, ``Public Notice and Participation;'' Section E, ``Permit 
Decisions;'' Section F, ``General Requirements;'' Section G, ``Source 
Class Requirements;'' and Table 2, ``Permit Streamlining Source Class 
Categories,'' as filed with the State Records and Archives Center on May 
12, 1992.
    (48) A revision to the New Mexico SIP to include revisions to Air 
Quality Control Regulation 709--Permits--Nonattainment Areas, as filed 
with the State Records and Archives Center on June 25, 1992.
    (i) Incorporation by reference.
    (A) Revisions to New Mexico Air Quality Control Regulation 709--
Permits--Nonattainment Areas, Section D, ``Source Requirements,'' 
Subsections D(2), D(3)(a), D(5), D(6); Section G, ``Emission Offsets,'' 
Subsection G(5); Section I, ``Air Quality Benefit,'' Subsection I(1); 
and Section J, ``Public Participation and Notification,'' Subsection 
J(2) (first paragraph), as filed with the State Records and Archives 
Center on June 25, 1992.
    (49) A revision to the New Mexico State Implementation Plan (SIP) to 
include revisions to Albuquerque/Bernalillo County Air Quality Control 
Board Regulation 8--Airborne Particulate Matter, as filed with the State 
Records and Archives Center on February 17, 1983, and submitted by the 
Governor of New Mexico by letter dated June 16, 1992.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Board 
Regulation 8--Airborne Particulate Matter, Section 8.03, ``Soil 
Disturbance,'' Subsections 8.03.1, 8.03.2, 8.03.3, 8.03.4, 8.03.5, 
8.03.6, 8.03.7, and 8.03.8, as filed with the State Records and Archives 
Center on February 17, 1983.
    (50) A revision to the New Mexico State Implementation Plan (SIP) 
addressing moderate PM-10 nonattainment area requirements for Anthony 
was submitted by the Governor of New Mexico by letter dated November 8, 
1991. The SIP revision included, as per section 188(f) of the Clean Air 
Act, a request for a waiver of the attainment date for Anthony.
    (i) Incorporation by reference.
    (A) Revision to New Mexico Air Quality Control Regulation 301--
Regulation to Control Open Burning, section I (definition of ``open 
burning''), as filed with the State Records and Archives Center on 
February 7, 1983.
    (ii) Additional material.
    (A) November 8, 1991, narrative plan addressing the Anthony moderate 
PM-10 nonattainment area, including emission inventory, modeling 
analyses, and control measures.

[[Page 685]]

    (B) A letter dated October 29, 1991, from Judith M. Price, Dona Ana 
County Planning Director and Assistant County Manager, to Judith M. 
Espinosa, Secretary of the New Mexico Environment Department, in which 
the County committed to implement and enforce all Dona Ana County rules, 
regulations, policies and practices, including those identified in the 
draft PM-10 SIP which reduce airborne dust in the Anthony area. The Dona 
Ana County rules, regulations, policies and practices identified in the 
draft Anthony PM-10 SIP are identical to those identified in the final 
Anthony PM-10 SIP.
    (C) A letter dated November 21, 1991, from Cecilia Williams, Chief, 
New Mexico Air Quality Bureau, to Gerald Fontenot, Chief, Air Programs 
Branch, EPA Region 6, expressing satisfaction with the October 29, 1991, 
commitment letter from Judith Price to Judith Espinosa.
    (D) Anthony PM-10 SIP narrative from page 10 that reads as follows: 
``The State remains committed to the dust control measures implemented 
by Dona Ana County, moderate area control strategies as agreed to in 
this SIP submittal and to the established air quality monitoring 
schedule.''
    (51) A revision to the New Mexico SIP addressing the nonattainment 
new source review program for Albuquerque/Bernalillo County, outside the 
boundaries of Indian lands, was submitted by the Governor of New Mexico 
on April 14, 1989, August 7, 1989, and May 17, 1993. The revision 
included visibility protection new source review and stack height 
provisions.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation 
32--Construction Permits--Nonattainment Areas, Section A, 
``Applicability,'' Subsection A(2); Section B, ``Source Obligation,'' 
Subsections B(1), B(2), B(4); Section C, ``Source Information,'' 
Subsection C(3); Section G, ``Emission Offsets,'' Subsections G(first 
paragraph), G(1), G(2), G(4), G(6), G(7), G(8), G(9)(first paragraph), 
G(9)(a), G(9)(b), G(10); Section J, ``Public Participation and 
Notification,'' Subsections J(1), J(2)(a), J(2)(d), J(2)(f), J(2)(g), 
J(2)(h); Section K, ``Definitions,'' Subsections K(first paragraph), 
K(1), K(2), K(4), K(5), K(6), K(8), K(9), K(10), K(11), K(12), K(13), 
K(15), K(16)(first paragraph), K(16)(b), K(16)(c)(first paragraph), 
K(16)(c)(i), K(16)(c)(ii), K(16)(c)(iii), K(16)(c)(iv), 
K(16)(c)(v)(first paragraph), K(16)(c)(v)(a), K(16)(c)(vi), 
K(16)(c)(vii), K(16)(d), K(16)(e), K(17)(first paragraph), K(17)(a), 
K(17)(b), K(17)(c), K(18), K(19), K(20), K(21)(first paragraph), 
K(21)(a), K(21)(b)(first paragraph), K(21)(b)(i), K(21)(c), K(21)(d), 
K(21)(e), K(21)(f), K(23), K(26), K(28), K(29), K(31), K(32); and Table 
1, ``Significant Ambient Concentrations,'' as filed with the State 
Records and Archives Center on March 16, 1989; and further revisions to 
AQCR 32, Section i, ``Purpose;'' Section A, ``Applicability,'' 
Subsections A(1), A(3), A(4); Section B, ``Source Obligation,'' 
Subsections B(3), B(5), B(6); Section C, ``Source Information,'' 
Subsections C(first paragraph), C(1), C(2); Section D, ``Source 
Requirements;'' Section E, ``Additional Requirements for Sources;'' 
Section F, ``Emissions Offset Baseline;'' Section G, ``Emission 
Offsets,'' Subsections G(3), G(5), G(9)(c); Section H, ``Banking of 
Emission Reduction;'' Section I, ``Air Quality Benefit;'' Section J, 
``Public Participation and Notification,'' Subsections J(2)(first 
paragraph), J(2)(b), J(2)(c), J(2)(e); Section K, ``Definitions,'' 
Subsections K(3), K(7), K(14), K(16)(a), K(16)(c)(v)(b), K(17)(d), 
K(17)(e), K(21)(b)(ii), K(22), K(24), K(25), K(27), K(30); and Table 2, 
``Fugitive Emissions Source Categories,'' as filed with the State 
Records and Archives Center on February 26, 1993.
    (ii) Additional material.
    (A) The Supplement to the New Mexico State Implementation Plan to 
Control Air Pollution in Areas of Bernalillo County Designated 
Nonattainment, as approved by the Albuquerque/Bernalillo County Air 
Quality Control Board on April 14, 1993. This supplement superseded the 
supplement dated July 12, 1989.
    (B) A letter dated July 18, 1989, from Sarah B. Kotchian, Director, 
Albuquerque Environmental Health Department, to Mr. Robert E. Layton 
Jr., Regional Administrator, EPA Region 6, regarding a stack height 
commitment and an NSPS/NESHAP performance testing commitment.

[[Page 686]]

    (52) A revision to the New Mexico SIP addressing CO for Albuquerque/
Bernalillo County was submitted by the Governor of New Mexico by letter 
dated November 5, 1992.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Regulation 34-Woodburning, section 
34.00, ``Purpose;'' section 34.01, ``Definitions;'' section 34.02, 
``Sale of New Wood Heaters-Certification Required;'' section 34.03, 
``No-burn Periods;'' section 34.04, ``Notice Required;'' Section 34.05, 
``Exemptions;'' section 34.06, ``Visible Emissions;'' section 34.07, 
``Test Procedures;'' and section 34.08, ``Misfueling of Solid Fuel 
Heating Devices Prohibited,'' as filed with the State Records and 
Archives Center on November 27, 1991.
    (B) Albuquerque/Bernalillo County Regulation 35-Alternative Fuels, 
section 35.00, ``Purpose;'' section 35.01, ``Definitions;'' section 
35.02, ``Oxygenated Fuels;'' section 35.03, ``Oxygenated Fuels 
Procedures Manual;'' and section 35.07, ``Severability Clause,'' as 
filed with the State Records and Archives Center on June 25, 1992.
    (ii) Additional material.
    (A) November 5, 1992, narrative plan addressing the Albuquerque/
Bernalillo County CO nonattainment area, including the Albuquerque/
Bernalillo County 1990 base year CO emissions inventory.
    (B) A letter dated March 22, 1993, from Sarah B. Kotchian, Director, 
Albuquerque Environmental Health Department (Department), to A. Stanley 
Meiburg, Director, Air, Pesticides and Toxics Division, EPA Region 6, in 
which the Department committed to submitting future amendments to 
Regulation 34 to correct an enforceability deficiency, and in which the 
Department committed to using only EPA approved test methods until the 
future amendment correcting the enforceability deficiency is approved by 
the EPA.
    (C) A memorandum dated September 8, 1992, from Kent A. Salazar, 
Manager, Albuquerque Vehicle Pollution Management Division, to Albert 
Salas, Quality Assurance Specialist Supervisor, Albuquerque Vehicle 
Pollution Management Division, addressing the suspension of the 
oxygenated fuels program due to oxygenate shortage.
    (53) A revision to the New Mexico SIP addressing the prevention of 
significant deterioration program for Albuquerque/Bernalillo County, 
outside the boundaries of Indian lands, was submitted by the Governor of 
New Mexico on April 14, 1989, August 7, 1989, May 1, 1990, and May 17, 
1993. The revision included NO2 increment provisions and visibility 
protection NSR.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation 
(AQCR) 29--Prevention of Significant Deterioration, Section A, 
``Applicability;'' Section B, ``Exemptions;'' Section C, ``Source 
Obligation;'' Section D, ``Source Information;'' Section E, ``Control 
Technology Requirements,'' Subsections E(1), E(2), E(4)(a), E(4)(b), 
E(4)(c), E(4)(d), E(4)(e), E(5), E(6), E(7), E(8); Section F, ``Ambient 
Impact Requirements,'' Subsections F(1), F(2); Section G, ``Additional 
Impact Requirements;'' Section H, ``Ambient Air Quality Modeling;'' 
Section I, ``Monitoring Requirements,'' Subsections I(1), I(2), I(3), 
I(4), I(5), I(7), I(8), I(9); Section J, ``Stack Height Credit;'' 
Section K, ``Temporary Source Exemptions;'' Section L, ``Public 
Participation and Notification;'' Section M, ``Restrictions on Area 
Classifications;'' Section N, ``Exclusions from Increment Consumption;'' 
Section O, ``Additional Requirements for Sources Impacting Federal Class 
I Areas,'' Subsections O(1), O(2), O(3), O(5), O(6), O(7); Section P, 
``Definitions,'' Subsections P(first paragraph), P(1), P(2), P(3), P(4), 
P(5), P(6), P(26)(first paragraph), P(26)(a), P(26)(c), P(26)(d), P(27); 
and Table 3, ``Significant Monitoring Concentrations,'' as filed with 
the State Records and Archives Center on March 16, 1989; and further 
revisions to AQCR 29, Section O, ``Additional Requirements for Sources 
Impacting Federal Class I Areas,'' Subsection O(4); Section P, 
``Definitions,'' Subsections P(8), P(9), P(10), P(12), P(13)(first 
paragraph), P(13)(a), P(14), P(15), P(16), P(17), P(18), P(19), P(20), 
P(21), P(22), P(23), P(24), P(25), P(26)(e), P(28), P(29), P(30), P(31), 
P(32), P(33), P(34), P(35), P(36), P(37), P(38), P(39), P(40), P(41); 
and Table 5, ``Maximum Allowable Increases for

[[Page 687]]

Class I Waivers,'' as filed with the State Records and Archives Center 
on April 24, 1990; and further revisions to AQCR 29, Section E, 
``Control Technology Requirements,'' Subsections E(3), E(4)(first 
paragraph); Section F, ``Ambient Impact Requirements,'' Subsection F(3); 
Section I, ``Monitoring Requirements,'' Subsection I(6); Section P, 
``Definitions,'' Subsections P(7), P(11), P(13)(b), P(26)(b); Table 1, 
``PSD Source Categories;'' Table 2, ``Significant Emission Rates;'' 
Table 4, ``Allowable PSD Increments;'' and Table 6, ``Maximum Allowable 
Increase for Sulfur Dioxide Waiver by Governor,'' as filed with the 
State Records and Archives Center on February 26, 1993.
    (B) Albuquerque/Bernalillo County Air Quality Control Board 
Regulation 2--Definitions, Sections 2.31, 2.32, 2.33, 2.34, 2.35, 2.36, 
2.37, 2.38, 2.39, 2.40, 2.41, 2.42, 2.43, 2.44, 2.45, 2.46, 2.47, 2.48, 
2.49, 2.50, 2.51, and 2.52, as filed with the State Records and Archives 
Center on March 16, 1989.
    (ii) Additional material.
    (A) The Supplement to the New Mexico State Implementation Plan for 
Prevention of Significant Deterioration in Albuquerque/Bernalillo 
County, as approved by the Albuquerque/Bernalillo County Air Quality 
Control Board on April 11, 1990. This supplement superseded the 
supplement dated July 12, 1989.
    (B) A letter dated April 20, 1992, from Sarah B. Kotchian, Director, 
Albuquerque Environmental Health Department, to A. Stanley Meiburg, 
Director, Air, Pesticides and Toxics Division, EPA Region 6, regarding a 
commitment to incorporate Clean Air Act Amendment revisions into the 
Albuquerque/Bernalillo County PSD program.
    (54) A revision to the New Mexico SIP addressing the Albuquerque/
Bernalillo County Permitting Program was submitted by the Governor of 
New Mexico by cover letter dated July 22, 1993.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Regulation Number 20-Authority-to-
Construct Permits, Section 20.00, ``Purpose;'' Section 20.01, 
``Applicability;'' Section 20.02, ``Fees for Permit Application 
Review;'' Section 20.03, ``Contents of Applications;'' Section 20.04, 
``Public Notice and Participation;'' Section 20.05, ``Permit Decisions 
and Appeals;'' Section 20.06, ``Basis for Permit Denial;'' Section 
20.07, ``Additional Legal Responsibilities on Applicants;'' Section 
20.08, ``Permit Conditions;'' Section 20.09, ``Permit Cancellation;'' 
Section 20.10, ``Permittee's Notification Obligations to the 
Department;'' Section 20.11, ``Performance Testing Following Startup;'' 
Section 20.12, ``Emergency Permits;'' Section 20.13, ``Nonattainment 
Area Requirements;'' Section 20.14, ``Definitions Specific to Authority-
to-Construct Permit Regulations;'' and Table One, ``Significant Ambient 
Concentrations,'' as filed with the State Records and Archives Center on 
February 26, 1993.
    (ii) Additional material.
    (A) The Supplement Pertaining to General New Source Review in 
Albuquerque/Bernalillo County, New Mexico, as approved by the 
Albuquerque/Bernalillo County Air Quality Control Board on May 12, 1993.
    (55)-(56) [Reserved]
    (57) A revision to the New Mexico SIP addressing CO contingency 
measures and a proposed clean fuel vehicle fleet demonstration project 
for Albuquerque/Bernalillo County, outside the boundaries of Indian 
lands, was submitted by the Governor of New Mexico by cover letter dated 
November 12, 1993.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Regulation Number 35-Alternative 
Fuels, Section 35.02, ``Oxygenated Fuels,'' Subsection 35.02(A)(1); 
Section 35.03, ``Oxygenated Fuels Procedures Manual;'' and Section 
35.06, ``Contingency Measures,'' as filed with the State Records and 
Archives Center on November 10, 1993.
    (ii) Additional material.
    (A) November 12, 1993, narrative plan addressing the Albuquerque/
Bernalillo County CO nonattainment area, including the proposed clean 
fuel vehicle fleet demonstration project.
    (58) A revision to the New Mexico State Implementation Plan (SIP) to 
include revisions to AQCRs 602, 605, 651, and 652, submitted by the 
Governor by cover letter dated January 28, 1994. The revision to AQCR 
605 consists of removing AQCR 605 from theNew Mexico SIP.
    (i) Incorporation by reference.

[[Page 688]]

    (A) Revisions to New Mexico Air Quality Control Regulation 602-Coal 
Burning Equipment-Sulfur Dioxide, Section A.1, Section A.2, Section A.3, 
Section B.1, Section C.1, Section E.2.a, Section E.2.d, Section F.1.b, 
Section F.7 and Section G, as filed with the State Records and Archives 
Center on November 17, 1993.
    (B) Revisions to New Mexico Air Quality Control Regulation 651-
Sulfuric Acid Production Units-Sulfur Dioxide, Acid Mist and Visible 
Emissions, Section A, Section B, Section C, Section D, Section E, 
Section F, Section G and Section H, as filed with the State Records and 
Archives Center on November 17, 1993.
    (C) Revisions to New Mexico Air Quality Control Regulation 652-
Nonferrous Smelters-Sulfur, Section B.2, Section C.1, Section D, Section 
G, Section H, Section I, Section J, Section K and Section L, as filed 
with the State Records and Archives Center on November 17, 1993.
    (ii) Additional material.
    (A) The document entitled ``Hidalgo Smelter Sulfur Recovery 
Procedures,'' including appendix 1, ``Physical Inventory for Sulfur 
Recovery Calculations,'' and appendix 2, ``Monthly Sulfur Recovery 
Calculation.''
    (59) A revision to the New Mexico State Implementation Plan for 
Transportation Conformity: Albuquerque/Bernalillo County Air Quality 
Control Regulation (AQCR) No. 42 ``Transportation Conformity'' as 
adopted on November 9, 1994 and filed with the State Records and 
Archives Center on December 16, 1994, was submitted by the Governor on 
December 19, 1994. No action is taken on AQCR No. 42 Section 11.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation 
(AQCR) No. 42 ``Transportation Conformity'' as adopted on November 9, 
1994 and filed with the State Records and Archives Center on December 
16, 1994. No action is taken on AQCR No. 42 Section 11.
    (ii) Additional material. None.
    (60)  [Reserved]
    (61) A revision to the New Mexico SIP to udpate the Supplement to 
the New Mexico State Implementation Plan to Control Air Pollution in 
Area(s) of Bernalillo County Designated Nonattainment to reflect EPA's 
approval for lifting the construction ban in Bernalillo County, 
superseding the supplement dated April 14, 1993.
    (i) Incorporation by reference.
    (A) October 12, 1994 Supplement to the New Mexico State 
Implementation Plan to Control Air Pollution in Area(s) of Bernalillo 
County Designated Nonattainment as approved by the Albuquerque/
Bernalillo County Air Quality Control Board on November 9, 1994.
    (62)  [Reserved]
    (63) A revision to the New Mexico SIP approving a request for 
redesignation to attainment, a vehicle inspection and maintenance 
program, and the required maintenance plan for the Albuquerque/
Bernalillo County CO nonattainment area, submitted by the Governor on 
May 11, 1995. The 1993 emissions inventory and projections were included 
in the maintenance plan.
    (i) Incorporation by reference.
    (A) A letter from the Governor of New Mexico to EPA dated April 14, 
1995, in which the Governor requested redesignation to attainment based 
on the adopted Carbon Monoxide Redesignation Request and Maintenance 
Plan for Albuquerque/Bernalillo County New Mexico.
    (B) Albuquerque/Bernalillo County Air Quality Control Board 
Regulation No. 28, Motor Vehicle Inspection, as amended April 12, 1995 
and effective on July 1, 1995.
    (ii) Additional material. Carbon Monoxide Redesignation Request and 
Maintenance Plan for Albuquerque/Bernalillo County New Mexico, approved 
and adopted by the Air Quality Control Board on April 13, 1995.

[37 FR 10881, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1620, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Note:  1. At 61 FR 29973, June 13, 1996, Sec. 52.1620 
was amended by adding paragraph (c)(63), effective July 15, 1996.

    2. At 61 FR 32341, June 24, 1996, Sec. 52.1620 was amended by adding 
paragraph (c)(61), effective Aug. 23, 1996.

[[Page 689]]



Sec. 52.1621   Classification of regions.

    The New Mexico plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Albuquerque-Mid-Rio Grande Intrastate.....................           I        III       III       III          I
New Mexico Southern Border Intrastate.....................          IA         IA       III       III        III
El Paso-Las Cruces-Alamogordo Interstate..................           I         IA       III         I          I
Four Corners Interstate...................................          IA         IA       III       III        III
Northeastern Plains Intrastate............................         III        III       III       III        III
Pecos-Permian Basin Intrastate............................         III        III       III       III        III
Southwestern Mountains-Augustine Plains Intrastate........         III        III       III       III        III
Upper Rio Grande Valley Intrastate........................         III        III       III       III        III
----------------------------------------------------------------------------------------------------------------

[37 FR 1081, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 42 FR 
20131, Apr. 18, 1977; 45 FR 24468, Apr. 10, 1980; 45 FR 67347, Oct. 10, 
1980; 52 FR 5965, Feb. 27, 1987]



Sec. 52.1622  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves New Mexico's plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Further, the 
Administrator finds that the plan satisfiesall requirements of the Part 
D of the Clean Air Act, as amended in 1977, except as noted below.

[45 FR 24468, Apr. 10, 1980]
Secs. 52.1623--52.1626  [Reserved]



Sec. 52.1627  Control strategy and regulations: Carbon monoxide.

    Part D Approval. The Albuquerque/Bernalillo County carbon monoxide 
maintenance plan as adopted on April 13, 1995, meets the requirements of 
Section 172 of the Clean Air Act, and is therefore approved.

[61 FR 29973, June 13, 1996]

    Effective Date Note:  At 61 FR 29973, June 13, 1996, Sec. 52.1627 
was revised, effective July 15, 1996. For the convenience of the user 
the superseded text is set forth as follows:
Sec. 52.1627  Control strategy and regulations: Carbon monoxide.
    Part D disapproval. The Bernalillo County carbon monoxide plan is 
disapproved for failure to meet the resource requirements of section 172 
of the Clean Air Act.

[59 FR 12172, Mar. 16, 1994]
Secs. 52.1628--52.1633  [Reserved]



Sec. 52.1634  Significant deterioration of air quality.

    (a) The plan submitted by the Governor of New Mexico on February 21, 
1984 (as adopted by the New Mexico Environmental Improvement Board 
(NMEIB) on January 13, 1984), August 19, 1988 (as revised and adopted by 
the NMEIB on July 8, 1988), and July 16, 1990 (as revised and adopted by 
the NMEID on March 9, 1990), Air Quality Control Regulation 707--
Permits, Prevention of Significant Deterioration (PSD) and its 
Supplemental document, is approved as meeting the requirements of part 
C, Clean Air Act for preventing significant deterioration of air 
quality.
    (b) The requirements of section 160 through 165 of the Clean Air Act 
are not met for Federally designated Indian lands. Therefore, the 
provisions of Sec. 52.21 (b) through (w) are hereby incorporated by 
reference and made a part of the applicable implementation plan, and are 
applicable to sources located on land under the control of Indian 
governing bodies.
    (c) The plan submitted by the Governor in paragraph (a) of this 
section for Prevention of Significant Deterioration is not applicable to 
Bernalillo County. Therefore, the following plan described below is 
applicable to sources located within the boundaries of Bernalillo County 
(including the City of Albuquerque). This plan, submitted

[[Page 690]]

by the Governor of New Mexico on April 14, 1989, August 7, 1989, May 1, 
1990, and May 17, 1993, and respectively adopted on March 8, 1989, July 
12, 1989, April 11, 1990, and February 10, 1993, by the Albuquerque/
Bernalillo County Air Quality Control Board, containing Regulation 29--
Prevention of Significant Deterioration and its April 11, 1990, 
Supplemental document, is approved as meeting the requirements of part C 
of the Clean Air Act for the prevention of significant deterioration of 
air quality.

[58 FR 67333, Dec. 21, 1993]



Sec. 52.1635  Rules and regulations.

    (a) Part D disapproval: The requirements of Sec. 51.281 of this 
chapter are not met since the measurement provisions of Sections A, B.2, 
and B.3 of New Mexico Regulation 506 make these sections unenforceable. 
Therefore, Sections A, B.2, and B.3 of Regulation 506 are disapproved.
    (b) Regulation for measurement of emission limitations (particulate 
matter from nonferrous smelters). (1) This regulation applies to new and 
existing nonferrous smelters as they are defined in New Mexico 
Regulation 506. The requirements of this paragraph replace the 
requirements of Sections A, B.2, and B.3 of Regulation 506. All other 
requirements of Regulation 506 are approved as part of the plan.
    (2) No person owning or operating a new nonferrous smelter shall 
permit, cause, suffer, or allow particulate matter emissions to the 
atmosphere in excess of 0.03 grains per dry standard cubic foot (as 
defined in 40 CFR part 60) of discharge gas.
    (3) No person owning or operating an existing nonferrous smelter 
shall permit, cause, suffer, or allow particulate matter to the 
atmosphere from:
    (i) The stack or stacks serving the acid plant in excess of 0.05 
grains per dry standard cubic foot of discharge gas.
    (ii) The stack or stacks serving the reverberatory feed dryer in 
excess of 0.05 grains per dry standard cubic foot of discharge gas.
    (c) Regulation for compliance testing (particulate matter from 
nonferrous smelter). The requirements of Sec. 60.8(f) of 40 CFR part 60 
shall apply to paragraph (b)(2) of this section, and to each operation 
of Section B.4 of New Mexico Regulation 506.

[45 FR 24469, Apr. 10, 1980, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.1636  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met for the State of New Mexico, outside the boundaries of Bernalillo 
County, because the plan does not include approvable procedures meeting 
the requirements of 40 CFR 51.305 and 51.307 for protection of 
visibility in mandatory Class I Federal areas.
    (b) Regulations for visibility monitoring and new source review. The 
provisions of Secs. 52.21, 52.27, and 52.28 are hereby incorporated and 
made part of the applicable plan for the State of New Mexico, outside 
the boundaries of Bernalillo County.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of New 
Mexico, outside the boundaries of Bernalillo County.

[58 FR 67334, Dec. 21, 1993]



Sec. 52.1637  Particulate Matter (PM10) Group II SIP commitments.

    (a) On August 19, 1988, the Governor of New Mexico submitted a 
revision to the State Implementation Plan (SIP) that contained 
commitments, from the Director of New Mexico Environmental Improvement 
Division, for implementing all of the required activities including 
monitoring, reporting, emission inventory, and other tasks that may be 
necessary to satisfy the requirements of the PM10 Group II SIPs. 
The New Mexico Environmental Improvement Board adopted this SIP revision 
on July 7 and 8, 1988.
    (b) The State of New Mexico has committed to comply with the 
PM10 Group II State Implementation Plan (SIP) requirements, as 
articulated in the Federal Register notice of July 1, 1987 (52 FR 
24670), for Dona Ana, Grant, Sandoval, Santa Fe, and Taos counties as 
provided in the New Mexico PM10 Group II SIPs. In addition to the 
SIP, a letter from the Director of New Mexico Environmental Improvement 
Division, dated July 15, 1988, stated that:


[[Page 691]]


    This letter is in reference to PM10 Group II State 
Implementation Plan (SIP) requirements. In response to the requirements 
of the July 1, 1987 Federal Register, notice on PM10, the 
Environmental Improvement Division has prepared a Committal SIP for 
Group II areas. As expressed in this SIP revision, the Division is 
committing to carry out all required actions such as monitoring, 
reporting, emission inventory development, and other tasks necessary to 
satisfy the SIP requirements for PM10 Group II areas.

[54 FR 20579, May 12, 1989]



Sec. 52.1638  Bernalillo County particulate matter (PM10) Group II SIP commitments.

    (a) On December 7, 1988, the Governor of New Mexico submitted a 
revision to the State Implementation Plan (SIP) for Bernalillo County 
that contained commitments, from the Director of the Albuquerque 
Environmental Health Department, for implementing all of the required 
activities including monitoring, reporting, emission inventory, and 
other tasks that may be necessary to satisfy the requirements of the 
PM10 Group II SIPs. The City of Albuquerque and Bernalillo County 
Air Quality Control Board adopted this SIP revision on November 9, 1988.
    (b) The Albuquerque Environmental Health Department has committed to 
comply with the PM10 Group II State Implementation Plan (SIP) 
requirements, as articulated in the Federal Register notice of July 1, 
1987 (52 FR 24670), for Bernalillo County as provided in the County's 
PM10 Group II SIP. In addition to the SIP, a letter from the 
Director of the Albuquerque Environmental Health Department, dated 
November 17, 1988, stated that:
    (1) This letter is in reference to the PM10 Group II SIP 
requirements particularly as pertains to Bernalillo County. In response 
to the requirements of the July 1, 1987 Federal Register notice on 
PM10, the Albuquerque Environmental Health Department has prepared 
a Committal SIP for all of Bernalillo County which has been classified 
Group II for this pollutant.
    (2) As expressed in the attached SIP revision, the Department is 
committing to carry out all required actions such as monitoring, 
reporting, emission inventory development and other tasks necessary to 
satisfy the SIP requirements for PM10 Group II areas.

[54 FR 23477, June 1, 1989]



Sec. 52.1639  Prevention of air pollution emergency episodes.

    (a) The plan submitted by the Governor of New Mexico on August 19, 
1988, and as adopted on July 7, 1988, by the New Mexico Environmental 
Improvement Board, entitled Air Pollution Episode Contingency Plan for 
New Mexico, is approved as meeting the requirements of section 110 of 
the Clean Air Act and 40 CFR part 51, subpart H. This plan is only 
approved for the State of New Mexico outside of the boundaries of 
Bernalillo County.
    (b) The plan submitted by the Governor in (a) for the Air Pollution 
Episode Contingency Plan is not applicable to Bernalillo County. 
Therefore, the following plan described below is applicable to sources 
located within the boundaries of Bernalillo County (including the City 
of Albuquerque). This plan, submitted by the Governor of New Mexico on 
April 14, 1989, and adopted on January 26, 1989, by the Albuquerque/
Bernalillo County Air Quality Control Board, entitled Air Pollution 
Episode Contingency Plan for Bernalillo County, is approved as meeting 
the requirements of section 110 of the Clean Air Act and 40 CFR part 51, 
subpart H.

[56 FR 38074, Aug. 12, 1991]



                          Subpart HH--New York



Sec. 52.1670   Identification of plans.

    (a) Title of plans:
    (1) ``Implementation Plan to Achieve Air Quality Standards--Upstate 
New York.''
    (2) ``Implementation Plan to Achieve Air Quality Standards--
Metropolitan New York City Air Quality Control Region.''
    (b) The plans were officially submitted on January 31, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Parts 175, 176, 177, 185, 197, and 203 of New York's Code, Rules 
and Regulation submitted February 9, 1972, by the Division of Air 
Resources, New York

[[Page 692]]

State Department of Environmental Conservation.
    (2) Part 200 of the New York State Code and Article 9 of the New 
York City Code submitted on February 11, 1972, by the Division of Air 
Resources, New York State Department of Environmental Conservation.
    (3) Part 192 of the New York State Air Pollution Control Code 
submitted on February 14, 1972, by the Division of Air Resources, New 
York State Department of Environmental Conservation.
    (4) Miscellaneous non-regulatory additions to the plan submitted on 
March 10, 1972, by the Division of Air Resources, New York State 
Department of Environmental Conservation.
    (5) Miscellaneous non-regulatory additions to the plan for New York 
City submitted on May 19, 1972, by the Governor.
    (6) Revisions recodifying regulations 200, 201, 202, 207, 212, 215, 
219, 220, 222, 226, and 230 of New York's Code, Rules and Regulations 
submitted on May 24, 1972, by the Division of Air Resources, New York 
State Department of Environmental Conservation.
    (7) Revisions to Parts 204, 205, 214, 217, 223, 225, 227 and 230 of 
New York's Code, Rules and Regulations submitted on July 20, 1972, by 
the Governor.
    (8) Miscellaneous non-regulatory revisions to the plan submitted on 
August 3, 1972, by the Division of Air Resources, New York State 
Department of Environmental Conservation.
    (9) Revision to Part 226 of New York's Code, Rules and Regulations 
submitted on February 6, 1973, by the New York State Department of 
Environmental Conservation.
    (10) Revised air quality data for 1971 and 1972 for the Hudson 
Valley AQCR submitted on March 7, 1973, by the New York State Department 
of Environmental Conservation.
    (11) Revision to the photochemical oxidant and carbon monoxide 
control strategy for New Jersey-New York-Connecticut AQCR submitted on 
April 17, 1973, by the Governor.
    (12) Miscellaneous non-regulatory revisions to the plan submitted on 
April 19, 1973, by the Division of Air Resources, New York State 
Department of Environmental Conservation.
    (13) Revision to the photochemical oxidant control strategy for the 
Genesee-Fingerlakes AQCR submitted on April 30, 1973, by the Governor.
    (14) Non-regulatory revision to the plan submitted on May 2, 1973, 
by the Division of Air Resources, New York State Department of 
Environmental Conservation.
    (15) Requests for 2-year extension and 18-month extension for 
attainment of the photochemical oxidant and carbon monoxide standards in 
the New Jersey-New York-Connecticut AQCR submitted on May 16, 1973, by 
the Governor.
    (16) Miscellaneous non-regulatory revisions to the plan submitted on 
May 21, 1973, by the Division of Air Resources, New York State 
Department of Environmental Conservation.
    (17) Miscellaneous non-regulatory revisions to the plan submitted on 
June 11, 1973, by the New York State Department of Environmental 
Conservation.
    (18) Revisions to Parts 200 and 201 of New York's Codes, Rules and 
Regulations submitted on August 15, 1973, by the New York State 
Department of Environmental Conservation.
    (19) Revision to sulfur oxides control strategy for New Jersey-New 
York-Connecticut AQCR submitted on October 26, 1973, by the New York 
State Department of Environmental Conservation.
    (20) Revision to sulfur oxides control strategy for New Jersey-New 
York-Connecticut AQCR submitted on November 27, 1973, by the Governor.
    (21) Revision to Part 205 of New York's Code, Rules and Regulations 
submitted on February 17, 1974, by the New York State Department of 
Environmental Protection.
    (22) Revisions to Transportation Control Plan for the Genesee-
Fingerlakes AQCR submitted on April 8, 1974, by the New York State 
Department of Environmental Conservation.
    (23) AQMA designations were submitted on April 29, 1974, by the New 
York State Department of Environmental Conservation.
    (24) Revised Part 225 (Fuel Composition and Use) was submitted on 
August 29, 1974, by the Commissioner of the New York State Department of 
Environmental Conservation.

[[Page 693]]

    (25) Additional information on Part 225 revision was submitted on 
October 11, 1974, by the New York State Department of Environmental 
Conservation.
    (26) Additional information on Part 225 revision was submitted on 
December 6, 1974, by the New York State Department of Environmental 
Conservation.
    (27) Part 203 (Indirect Sources of Air Contamination) was submitted 
on January 27, 1975, by the New York State Department of Environmental 
Conservation.
    (28) Additional information on Part 225 revision was submitted on 
February 25, 1975, by the New York State Department of Environmental 
Conservation.
    (29) Additional information on Part 203 was submitted on May 8, 
1975, by the New York State Department of Environmental Conservation.
    (30) Revisions submitted on March 16, 1976 by the New York State 
Department of Environmental Conservation based on special limitations 
issued pursuant to Sec. 225.2(c) covering three power plants.
    (31) Additional information on special limitations issued pursuant 
to Sec. 225.2(c) submitted on March 22, 1976, by the New York State 
Department of Environmental Conservation.
    (32) Revision to Part 225 submitted on September 20, 1976 and 
November 5, 1976 by the New York State Department of Environmental 
Conservation which accomplishes the following:
    (i) Upon demonstration by a source owner that the use of the higher 
sulfur coal will not contribute to the contravention of ambient air 
quality standards, coal burning sources of greater than 100 million Btu 
per hour heat capacity may be approved for a special limitation under 
Sec. 225.2. The previous heat capacity cutoff for requiring a source-
generated demonstration was 250 million Btu per hour.
    (ii) The formula contained in Sec. 225.5(a), which determines sulfur 
dioxide emissions from the burning of fuel mixtures, is modified to 
include gaseous fuels. Process gases are also included in the formula by 
the deletion of Sec. 225.5(a)(2), which precluded such inclusion.
    (iii) Fuel suppliers are required to furnish fuel sale records upon 
request of the State through revision to Sec. 225.7.
    (iv) The word ``rated'' is deleted from Secs. 225.1(a)(1), 225.2 and 
225.6 wherever the phrase ``rated total heat input'' previously 
appeared.
    (33) Revision submitted on March 17, 1977, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under Part 225. The ``special limitation'' relaxes until 
May 31, 1980, the sulfur-in-fuel-oil limitation to 2.8 percent, by 
weight, for the Long Island Lighting Co.'s Northport Generating Facility 
(Units 1, 2, and 3) and Port Jefferson Generating Facility (Units 3 and 
4).
    (34) Revision submitted on March 3, 1977, April 5, 1977, and June 
16, 1977, by the New York State Department of Environmental Conservation 
which grants ``special limitations'' under Part 225. These ``special 
limitations'' relax, until December 31, 1979, the sulfur-in-fuel-oil 
limitation to 2.8 percent, by weight, for air pollution sources which do 
not have a total heat input in excess of 250 million Btu per hour in 
parts of the Southern Tier East, Central New York and Champlain Valley 
AQCRs.
    (35) Revision submitted on February 14, 1977, by the New York State 
Department of Environmental Conservation consisting of Section 
19.0305(2)(a) of New York State's Environmental Conservation Law (ECL), 
as amended by Chapter 760, McKinney's 1975 Session Laws of New York, and 
an opinion, dated January 27, 1977, by the Honorable Louis J. Lefkowitz, 
Attorney General of the State of New York, interpreting the amended ECL 
Section 19-0305(2)(a) and Part 200.2 of Title 6 of the New York State 
Official Compilation of Codes, Rules, and Regulations (6 NYCRR 200.2). 
This revision provides for adequate State legal authority to ensure for 
public availability of air pollutant emission data as required under 40 
CFR 51.10(e) and Sec. 51.11(a)(6).
    (36) Revision to the New York City Metropolitan Area Transportation 
Control Plan eliminating tolls on bridges entirely within the City 
(Strategy B-7) is made upon application submitted by

[[Page 694]]

the Governor on October 19, 1977, pursuant to section 110(c)(5) of the 
Clean Air Act, as amended.
    (37) Revision submitted on August 24, 1977, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under Part 225. This ``special limitation'' relaxes, until 
May 31, 1980, the sulfur-in-fuel-oil limitation to 2.8 percent, by 
weight, for Units 1 through 5 of the Niagara Mohawk Power Corp.'s Oswego 
facility in Oswego, N.Y.
    (38) Revision submitted on September 22, 1977, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under Part 225. This ``special limitation'' relaxes, until 
October 31, 1980, the sulfur-in-coal limitation to 2.8 pounds of sulfur 
per million Btu, gross heat content, at the Rochester Gas and Electric 
Corp.'s Beebee generating station, Unit 12, in Rochester, N.Y.
    (39) Revision submitted on May 6, 1977, and August 1, 1977, by the 
New York State Department of Environmental Conservation which grants a 
``special limitation'' under part 225. Only the part of this ``special 
limitation'' which relaxes, until July 31, 1980, the sulfur-in-fuel-oil 
limitation to 1 percent sulfur, by weight, at the village of Freeport 
plant No. 2 generating facility, units 1 and 2, located in Nassau 
County, N.Y., is approved.
    (40) A document entitled, ``New York State Air Quality 
Implementation Plan--Syracuse Area,'' submitted on March 19, 1979, by 
the New York State Department of Environmental Conservation.
    (41) A document entitled, ``New York State Air Quality 
Implementation Plan--Southern Tier (Binghamton, Elmira-Corning, 
Jamestown),'' submitted on April 5, 1979, by the New York State 
Department of Environmental Conservation, only insofar as it deals with 
attainment of the national ambient air quality standards for particulate 
matter.
    (42) A document entitled, ``New York State Air Quality 
Implementation Plan--Rochester Area,'' submitted on April 5, 1979, by 
the New York State Department of Environmental Conservation.
    (43) A document entitled, ``New York State Air Quality 
Implementation Plan--Capital District and Town of Catskill,'' submitted 
on March 19, 1979, by the New York State Department of Environmental 
Conservation.
    (44) Supplementary submittals of SIP revision information from the 
New York State Department of Environmental Conservation, insofar as they 
deal with all provisions except those for attainment of particulate 
matter standards in the Niagara Frontier Air Quality Control Region, 
dated:
    (i) May 23, 1979, dealing with new source review and growth tracking 
provisions, adoption of proposed regulations, schedule for hydrocarbon 
emissions inventory improvements, identification of resources necessary 
to carry out the SIP, schedule for development of a public participation 
program, schedule for development of transportation planning process 
improvements, the need for an 18-month extension for the City of 
Syracuse and Village of Solvay, demonstration of control strategy 
adequacy for the area addressed by the Capital District and Town of 
Catskill plan revision document, compliance schedules for two facilities 
in the Hudson Valley Air Quality Control Region, and development of a 
local government consultation program in Jamestown, New York.
    (ii) May 31, 1979, dealing with adoption of proposed regulations, 
hydrocarbon emission inventory improvements, schedule for development of 
transportation planning process improvements, and compliance schedules 
for two facilities in the Hudson Valley Air Quality Control Region.
    (iii) June 12, 1979, providing a final draft of the proposed 
regulations, information on the compliance schedule for a facility in 
the Hudson Valley Air Quality Control Region, and general information on 
development of compliance schedules. The proposed regulations to be 
incorporated in Title 6 of the New York Code of Rules and Regulations 
are as follows:
    (A) Part 200, General Provisions (revision);
    (B) Part 211, General Prohibitions (revision);
    (C) Part 212, Process and Exhaust and/or Ventilation Systems 
(revision);

[[Page 695]]

    (D) Part 223, Petroleum Refineries (revision);
    (E) Part 226, Solvent Metal Cleaning Processes (new);
    (F) Part 228, Surface Coating Processes (new);
    (G) Part 229, Gasoline Storage and Transfer (new); and
    (H) Part 231, Major Facilities.
    (iv) June 18, 1979, dealing with new source review provisions, 
general information on development of compliance schedules, and adoption 
of proposed regulations.
    (v) August 10, 1979, providing a comprehensive set of adopted 
regulations.
    (vi) September 26, 1979, providing additional information regarding 
the EPA notice of proposed rulemaking (44 FR 44556, July 30, 1979) which 
deals with the adoption of regulations for control of volatile organic 
compound sources for source categories addressed by Control Technology 
Guideline documents issued subsequent to December 1977, regulatory 
revisions to 6 NYCRR Parts 211 and 229, the transportation planning 
process, emissions inventory improvements, new source review procedures, 
public participation and local government consultation programs, and 
adoption of regulations.
    (vii) October 1, 1979, dealing with new source review procedures.
    (viii) November 13, 1979, providing a ``declaratory ruling'' 
regarding interpretation of the provisions of 6 NYCRR Part 231 in 
implementing the new source review program.
    (ix) November 14, 1979, providing supplemental documentation on the 
administrative process of revising regulations.
    (x) February 20, 1980, dealing with public hearings to revise Parts 
229 and 231 of 6 NYCRR consistent with corrective action indicated by 
EPA.
    (45) Revision submitted on October 24, 1979, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under Part 225. This ``special limitation'' relaxes, until 
(three years from the date of publication), the sulfur in fuel oil 
limitation to 1.0 percent, by weight, for the Long Island Lighting 
Company's Glenwood Generating Station (Units 4 and 5), and 1.54 percent, 
by weight, for its E. F. Barrett Generating Station (Units 1 and 2).
    (46) Five documents entitled: (i) Volume I--New York State Air 
Quality Implementation Plan for Control of Carbon Monoxide and 
Hydrocarbons in the New York City Metropolitan Area;
    (ii) Volume II--Detailed Descriptions of Reasonably Available 
Control Measures;
    (iii) Volume III--Air Quality and Emission Inventory;
    (iv) Volume IV--Public Participation;
    (v) Total Suspended Particulates Secondary Standard: New York City 
Extension Request;

submitted on May 24, 1979, by the New York State Department of 
Environmental Conservation.
    (47) A document entitled, ``New York State Air Quality 
Implementation Plan--Statewide Summary and Program,'' submitted on 
September 10, 1979, by the New York State Department of Environmental 
Conservation.
    (48) Supplementary submittals of information from the New York State 
Department of Environmental Conservation regarding the New Jersey-New 
York-Connecticut Air Quality Control Region SIP revisions, dated:
    (i) June 26, 1979, dealing with control of storage tanks at gasoline 
stations in Nassau, Rockland, Suffolk, and Westchester Counties.
    (ii) July 30, 1979, dealing with new source review provisions for 
major sources of volatile organic compounds.
    (iii) August 20, 1979, providing a commitment to meet ``annual 
reporting requirements.''
    (iv) January 11, 1980, dealing with changes to the State's schedule 
for implementing a light duty vehicle inspection and maintenance 
program.
    (v) March 12, 1980, providing a memorandum of understanding among 
the New York State Department of Environmental Conservation, New York 
State Department of Transportation, and the Tri-State Regional Planning 
Commission.
    (49) Supplementary submittals of information from the Governor's 
Office regarding the New Jersey-New York-Connecticut Air Quality Control 
Region SIP revision, dated:

[[Page 696]]

    (i) August 6, 1979, dealing with the status of efforts to develop 
necessary legislation for implementing a light duty vehicle inspection 
and maintenance program.
    (ii) November 5, 1979, providing the State's legal authority and a 
schedule for implementing a light duty vehicle inspection and 
maintenance program.
    (iii) February 6, 1980, committing to providing additional 
information on systematic studies of transportation measures, committing 
to clarification of SIP commitments, and providing additional 
information on the State's light duty vehicle inspection and maintenance 
program.
    (50) Supplementary information, submitted by the New York State 
Department of Transportation on October 17, 1979, providing 
clarification to ``reasonably available control measures'' commitments 
contained in the New Jersey-New York-Connecticut Air Quality Control 
Region SIP revision.
    (51) Revision submitted on January 29, 1980, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under 6 NYCRR Part 225. This ``special limitation'' 
relaxes, until [three years from the date of publication], the sulfur-
in-fuel-oil limitation to 0.60 percent, by weight, for Orange and 
Rockland Utilities', Inc. Bowline Point Generating Station, units 1 and 
2, Haverstraw, New York.
    (52) Revisions to Parts 229 and 231 of Title 6, New York Code of 
Rules and Regulations, submitted on May 1, 1980, by the New York State 
Department of Environmental Conservation.
    (53) Revision submitted on November 29, 1980, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under 6 NYCRR Part 225. This ``special limitation'' 
relaxes, until one year from [the date of publication], the sulfur-in-
fuel-oil limitation to 1.5 percent, by weight, for the Consolidated 
Edison Company of New York, Inc. Arthur Kill generating facility, units 
2 and 3, Staten Island, New York and Ravenswood generating facility, 
unit 3, Queens, New York.
    (54) A document entitled, ``New York State Air Quality 
Implementation Plan--Niagara Frontier, Erie and Niagara Counties,'' 
submitted on May 31, 1979, by the New York State Department of 
Environmental Conservation. The administrative orders for Bethlehem 
Steel Corporation, referenced by this document, are not being 
incorporated as part of the plan.
    (55) A supplemental submittal, dated May 21, 1980, from the New York 
State Department of Environmental Conservation which includes three 
listings of permanent projects, demonstration projects and 
transportation related studies committed to in the non-public transit 
portion of the plan for the New York City metropolitan area.
    (56) Revision submitted on October 31, 1979, and supplemented on 
April 28, 1980, and May 20, 1980, by the New York State Department of 
Environmental Conservation which grants a ``special limitation'' under 6 
NYCRR Part 225. This ``special limitation'' relaxes to 2.8 percent, by 
weight, until December 31, 1982, the sulfur-in-fuel-oil limitation 
applicable to fuel burning sources which have a capacity less than 250 
million BTU per hour and which are located in:
    (i) The Southern Tier East Air Quality Control Region (AQCR), with 
the exception of all sources in Broome County;
    (ii) The Central New York AQCR, with the exception of the Oswego 
Facilities Trust Company in Oswego County and all sources in Onondaga 
County;
    (iii) The Champlain Valley (Northern) AQCR, with the exception of 
all sources in the City of Glens Falls and sources in the Town of 
Queensbury which have a total heat input greater than 100 million BTU 
per hour.
    (57) A supplemental submittal, dated July 2, 1980, from the New York 
State Department of Environmental Conservation which included criteria 
and procedures for making assessments of the consistency and conformity 
of the outputs of the transportation planning process with the SIP.
    (58) Revision submitted on September 17, 1980, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under 6 NYCRR Part 225. This ``special limitation'' relaxes 
to 2.8 percent, by weight, until three years from March

[[Page 697]]

19, 1981, the sulfur-in-fuel oil limitation applicable to unit 5 of 
Niagara Mohawk Power Corporation's Oswego generating facility, located 
in Oswego County.
    (59) Supplemental information to ``New York State Air Quality 
Implementation Plan--Statewide Summary and Program,'' June 1979, 
submitted on December 18, 1980, by the New York State Department of 
Environmental Conservation dealing with provisions which commit the 
State to meet the subpart C requirements of 40 CFR part 58 pertaining to 
State and Local Air Monitoring Stations (SLAMS) including the air 
quality assurance requirements of Appendix A, the monitoring 
methodologies of Appendix C, the network design criteria of Appendix D 
and the probe siting criteria of Appendix E.
    (60) A supplemental submittal, dated July 28, 1980, from the New 
York State Department of Environmental Conservation which includes:

    --Key milestones associated with projects relating to transportation 
control measures which are part of the SIP;
    --An improved program of study for the broader application of 
certain transportation control measures, and supplemental information on 
existing studies;
    --Additional documentation necessary to determine the reasonableness 
of the measure, ``Controls on Extended Vehicle Idling;''
    --Criteria and procedures for making changes to transportation 
projects contained in the SIP;
    --Criteria and procedures for making changes to transportation 
studies contained in the SIP; and
    --The identification of the resources necessary to carry out the 
transportation planning process and certain transportation elements of 
the SIP.

    (61) A supplemental submittal entitled ``New York State Air Quality 
Implementation Plan, the Moynihan/Holtzman Amendment Submission: Transit 
Improvements in the New York City Metropolitan Area, May 1979,'' 
submitted on May 24, 1979, by the New York State Department of 
Environmental Conservation.
    (62) [Reserved]
    (63) Revision submitted on April 29, 1980, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' establishing, until three years from September 24, 1981, a 
sulfur-in-fuel-oil limitation of 2.8 percent, by weight, for the Long 
Island Lighting Company's Northport generating facility, units 1, 2 and 
3 and the Port Jefferson generating facility, units 3 and 4.
    (64) Revision submitted on August 7, 1981, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' to relax to 1.5 percent, by weight, for up to two years 
from February 22, 1982, the sulfur-in-fuel-oil limitation applicable to 
units 2 and 3 of Consolidated Edison of New York State, Inc.'s Arthur 
Kill generating facility and to unit 3 of its Ravenswood generating 
facility, all located in New York City.
    (65) Revision submitted on January 8, 1982, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' to relax to 2.8 percent, by weight, for up to three years 
from March 5, 1982, the sulfur-in-fuel-oil limitation applicable to the 
General Electric Company's Rotterdam Steam Generating Facility located 
in Schenectady, New York.
    (66) Revision submitted on July 9, 1982, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' allowing the New York State Office of Mental Health's Kings 
Park Psychiatric Facility to burn coal with a maximum sulfur content of 
2.2 pounds of sulfur per million Btu gross heat content, for up to three 
years from August 11, 1982.
    (67) A March 23, 1981, letter from the New York State Department of 
Environmental Conservation including an interim policy memorandum 
detailing procedures to be used by the State to determine compliance 
with the State's emission standard for coke oven gas.
    (68) Regulatory information submitted by New York State Department 
of Environmental Conservation for controlling volatile organic 
compounds, dated:
    (i) July 2, 1981, providing a comprehensive set of adopted 
regulations.
    (ii) August 19, 1981, Consent Order, 81-36, 9-04.20, with Dunlop 
Tire and Rubber Corporation for control of volatile organic compounds.
    (A) Amendment of Consent Order dated January 29, 1982.
    (B) Amendment of Consent Order dated March 3, 1982.

[[Page 698]]

    (iii) July 25, 1983, providing final regulations to be incorporated 
into Title 6 of the New York Code of Rules and Regulations.
    (iv) November 13, 1981, letter from Harry Hovey, Director of Air 
Division, New York State Department of Environmental Conservation 
concerning applicability of regulations in redesignated AQCR's.
    (v) April 27, 1983, letter from Harry Hovey, Director of Air 
Division, New York State Department of Environmental Conservation 
concerning maximum operating heat input.
    (69) State Implementation Plan revision dated February 15, 1984, 
from the Department of Environmental Conservation consisting of changes 
to New York State Department of Motor Vehicles monitoring and 
enforcement procedures for motor vehicle emission inspection stations.
    (70) A State Implementation Plan for attainment of the lead (Pb) 
standards was submitted on September 21, 1983. Additional information 
was submitted in a letter dated February 16, 1984. These submittals 
included the following:
    (i) Revision to Part 225 of Title 6, Official Compilation of Codes, 
Rules and Regulations of the State of New York.
    (ii) Revision to Part 231 of Title 6, Official Compilation of Rules 
and Regulations of the State of New York.
    (iii) Air Guide-14, ``Process Sources Which Emit Lead or Lead 
Compounds.''
    (iv) Air Guide-17, ``Trade and Use of Waste Fuel for Energy Recovery 
Purposes.''
    (71) Revision submitted on August 21, 1984, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' establishing, until September 24, 1986, from December 20, 
1984, a maximum sulfur-in-fuel-oil limitation of 2.8 percent, by weight, 
and from September 25, 1986 until December 31, 1987, a sulfur-in-fuel-
oil limitation of 2.0 percent, by weight, for the Long Island Lighting 
Company's Northport generating facility, units 1, 2 and 3, and the Port 
Jefferson generating facility, units 3 and 4.
    (72) Revisions to the New York State Implementation Plan for 
attainment and maintenance of the ozone and carbon monoxide standards in 
the New York City metropolitan area submitted on July 1, 1982, August 3, 
1982, July 25, 1983, February 7, 15, 17, 1984, and October 1, 17, 1984, 
November 30, 1984, January 4, and 30, 1985, and March 6, 1985, by the 
Governor of New York State and by the New York State Department of 
Environmental Conservation.
    (73) Revision to the New York State Implementation Plan submitted by 
the New York State Department of Environmental Conservation on June 7 
and October 14, 1982, to allow Orange and Rockland Utilities, Inc. to 
reconvert its Lovett Generating Station in Stony Point from oil to coal. 
This action grants the utility a ``special limitation'' under Part 225 
to relax the existing emission limit for coal burning from 0.4 pounds of 
sulfur dioxide per million British thermal units (1b/MMBtu) to 1.0 lb/
MMBtu for units 4 and 5 if both are operated on coal, or to 1.5 lb/MMBtu 
for one unit if the other is operated on fuel oil, natural gas, or is 
not operated. A letter dated September 5, 1984, from Orange and Rockland 
Utilities, Inc., committing to meet the terms and conditions of EPA's 
August 30, 1984, letter.
    (74) Regulatory information submitted by New York State Department 
of Environmental Conservation for controlling various pollutants and 
establishing continuous emission monitoring requirements for sulfuric 
and nitric acid plants, dated December 27, 1984, providing adopted 
revisions to regulations Parts 201, 212, 223 and 224.
    (75) A revision to the New York State Implementation Plan for 
attainment and maintenance of the ozone standards was submitted on 
January 2, 1986, by the New York State Department of Environmental 
Conservation.
    (i) Incorporation by reference.
    (A) Part 217, ``Emissions from Motor Vehicles Propelled by Gasoline 
Engines,'' effective January 29, 1986.
    (76) [Reserved]
    (77) Revisions to the State Implementation Plan submitted by New 
York State Department of Environmental Conservation for controlling 
volatile organic compounds.
    (i) Incorporation by reference. Adopted regulations Parts 200, 229, 
and 230, submitted on March 15, 1985.

[[Page 699]]

    (ii) Additional material. (A) Letters dated December 31, 1984, and 
March 15, 1985, concerning SIP commitments for ``Reevaluation of RACT,'' 
and ``Controls at Major Facilities,'' respectively.
    (B) Letters dated November 2, 1984, and April 3, 1987, concerning 
the manufacture of high-density polyethylene, polypropylene, and 
polystrene resins.
    (78) A revision to the New York State Implementation Plan was 
submitted on November 6, 1987, and February 17, 1988, by the New York 
State Department of Environmental Conservation.
    (i) Incorporation by reference.
    (A) Operating Permit number A551800097900017 for Polychrome 
Corporation effective January 29, 1988, submitted by the New York State 
Department of Environmental Conservation.
    (ii) Additional material.
    (79) Revisions to the New York State Implementation Plan (SIP) for 
ozone submitted on January 31, 1989, and March 13, 1989, by the New York 
State Department of Environmental Conservation (NYSDEC) for its state 
gasoline volatility control program, including any waivers under the 
program that New York may grant. In 1989, the control period will begin 
on June 30.
    (i) Incorporation by reference. Subpart 225-3 of Title 6 of the 
Official Compilation of Codes, Rules and Regulations of the State of New 
York entitled ``Fuel Composition and Use--Volatile Motor Fuels,'' 
adopted on December 5, 1988, and effective on January 4, 1989.
    (ii) Additional material. April 27, 1989, letter from Thomas 
Jorling, NYSDEC, to William Muszynski, EPA Region II.
    (80) Revisions to the New York State Implementation Plan (SIP) for 
ozone submitted on July 9, 1987, and April 8, 1988, by the New York 
State Department of Environmental Conservation (NYSDEC).
    (i) Incorporation by reference. Amendments to part 230, title 6 of 
the New York Code of Rules and Regulations entitled ``Gasoline 
Dispensing Sites and Transport Vehicles,'' adopted on March 2, 1988.
    (ii) Additional material. (A) Explanation of Stage II Applicability 
Cut-offs, prepared by the NYSDEC, dated June 20, 1986.
    (B) NYSDEC testing procedures for Stage II Vapor Recovery Systems.
    (81) [Reserved]
    (82) Revisions to the New York State Implementation Plan (SIP) for 
total suspended particulates in the Niagara Frontier area, dated January 
5, 1987, submitted by the New York State Department of Environmental 
Conservation (NYSDEC).
    (i) Incorporation by reference:
    (A) Part 214 of title 6 of the Official Compilation of Codes, Rules, 
and Regulations of the State of New York, entitled ``Byproduct Coke Oven 
Batteries,'' adopted on April 23, 1984, and effective May 23, 1984.
    (B) Part 216 of title 6 of the Official Compilation of Codes, Rules, 
and Regulations of the State of New York, entitled ``Iron And/Or Steel 
Processes,'' adopted on April 23, 1984, and effective on May 23, 1984.
    (C) Consent Order No. 84-135, dated October 29, 1984, between NYSDEC 
and the Bethlehem Steel Corporation.
    (D) Consent Order No. 84-131, dated October 18, 1984, between NYSDEC 
and the Bethlehem Steel Corporation.
    (E) May 24, 1985, letter from Peter J. Burke, NYSDEC, to W.T. 
Birmingham, Bethlehem Steel Corporation, revising Consent Order No. 84-
131.
    (F) Test procedures for particulate matter source emissions testing 
at Bethenergy's Lackawanna Coke Oven Batteries 7, 8, and 9, prepared by 
SENES Consultants Limited, dated January 14, 1988.
    (ii) Additional material:
    (A) January 5, 1987, letter from Harry H. Hovey, Jr., NYSDEC, to 
Raymond Werner, EPA, providing an attainment and maintenance 
demonstration for TSP in the South Buffalo-Lackawanna area and 
requesting its inclusion as part of the TSP SIP for the Niagara 
Frontier.
    (B) August 21, 1987, letter from Edward Davis, NYSDEC, to William S. 
Baker, EPA, responding to July 27, 1987, letter from EPA requesting 
additional information needed for the review of Niagara Frontier TSP SIP 
request.
    (C) June 20, 1988, letter from Edward Davis, NYSDEC, to William S. 
Baker, EPA, responding to May 19, 1988, letter

[[Page 700]]

from EPA requesting additional information on test procedures for 
Bethenergy's Lackawanna Coke Oven Batteries.
    (83) A revision submitted on September 18, 1990, with additional 
materials submitted on April 12, 1991, and June 3, 1991, by the New York 
State Department of Environmental Conservation that revises the SO2 
emission limit for units 4 and 5 of Orange and Rockland Utilities' 
Lovett Generating Station.
    (i) Incorporation by reference. Sulfur dioxide emission limits 
incorporated into the Certificates to Operate units 4 and 5 of the 
Orange and Rockland Utilities' (ORU) Lovett Generating Station issued 
April 3, 1991, and the materials which pertain to the SO2 emission 
limits, monitoring and recordkeeping which are incorporated by reference 
into the Certificates to Operate for units 4 & 5. This includes the 
following:
    (A) The special conditions attached to certificates;
    (B) April 13, 1982, Decision of the Commissioner; and
    (C) October 14, 1982, Amended Commissioner's Order.
    (ii) Additional materials:
    (A) Lovett Generating Station Model Evaluation Study, May 1989,
    (B) Lovett Generating Station Emission Limitation Study, May 1989,
    (C) Review of Orange and Rockland Model Evaluation Study and 
Emission Limitation Study for Lovett Facility for Units 4 & 5, January 
27, 1990, and
    (D) Lovett Generating Station Air Quality and Meteorological 
Monitoring Network Quarterly Reports.
    (84) A revision to the New York State Implementation Plan (SIP) for 
attainment and maintenance of the ozone standard dated January 8, 1992, 
submitted by the New York State Department of Environmental 
Conservation.
    (i) Incorporation by reference.
    (A) Amendments to Part 200 of Title 6 of the Official Compilation of 
Codes, Rules, and Regulations of the State of New York, entitled 
``General Provisions'' adopted on December 3, 1991, and effective 
January 16, 1992.
    (B) New Part 236 of Title 6 of the Official Compilation of Codes, 
Rules, and Regulations of the State of New York, entitled ``Synthetic 
Organic Chemical Manufacturing Facility Component Leaks'' adopted on 
December 16, 1991, and effective January 16, 1992.
    (ii) Additional material.
    (A) January 8, 1992, letter from Thomas Allen, to Conrad Simon, EPA, 
requesting EPA approval of the amendments to Parts 200 and 236.
    (85) Revisions to the New York State Implementation Plan (SIP) for 
ozone concerning the control of volatile organic compounds from surface 
coating and graphic arts sources, dated October 14, 1988, December 5, 
1988, and May 2, 1989, submitted by the New York State Department of 
Environmental Conservation (NYSDEC).
    (i) Incorporation by reference.
    (A) Amendments to Title 6 of the New York Code of Rules and 
Regulations (NYCRR) Part 228 ``Surface Coating Processes,'' effective 
September 15, 1988, and Part 234 ``Graphic Arts,'' effective September 
15, 1988
    (ii) Additional material.
    (A) May 2, 1989 letter from Thomas C. Jorling, NYSDEC, to Conrad 
Simon, EPA, requesting EPA substitute controls in Parts 228 and 234 for 
controls committed to be included in Part 212, Processes & Exhaust and/
or Ventilation Systems.
    (86) Revision to the state implementation plan for Onondaga County 
was submitted by the Governor on November 13, 1992. Revisions include a 
maintenance plan which demonstrates continued attainment of the NAAQS 
for carbon monoxide through the year 2003.
    (i) Incorporation by reference.
    (A) Maintenance Plan--Chapter 8 of New York State Implementation 
Plan Redesignation Request for Onondaga County as Attainment for Carbon 
Monoxide, November 1992.
    (ii) Additional information.
    (A) New York State Implementation Plan--Redesignation Request for 
Onondaga County as Attainment for Carbon Monoxide, November 1992.
    (B) January 12, 1993, letter from Thomas M. Allen, NYSDEC to Conrad 
Simon, EPA, providing the results of the public hearing on the State's 
proposal.
    (C) January 12, 1993, letter from Thomas M. Allen, NYSDEC, to Conrad 
Simon, EPA, providing documentation of emission inventory submitted on 
November 13, 1992.

[[Page 701]]

    (D) June 18, 1993, letter from Thomas M. Allen, NYSDEC, to Conrad 
Simon, EPA, correcting submitted material.
    (87) A revision to the New York State Implementation Plan (SIP) for 
attainment and maintenance of the ozone standard dated October 14, 1988, 
submitted by the New York State Department of Environmental 
Conservation.
    (i) Incorporation by reference:
    (A) New part 205 of title 6 of the New York Code of Rules and 
Regulations of the State of New York, entitled ``Architectural Surface 
Coatings,'' effective on September 15, 1988.
    (ii) Additional material.
    (A) December 5, 1988 letter from Thomas Allen, to Conrad Simon, EPA, 
requesting EPA approval of the amendments to part 205.
    (88) Revision to the New York State Implementation Plan (SIP) for 
ozone, submitting a low emission vehicle program for a portion of the 
Clean Fuel Fleet program, dated May 15, 1994 and August 9, 1994 
submitted by the New York State Department of Environmental Conservation 
(NYSDEC).
    (i) Incorporation by reference. Part 218, ``Emission Standards for 
Motor Vehicles and Motor Vehicle Engines,'' effective May 28, 1992.
    (ii) Additional material.
    May 1994 NYSDEC Clean Fuel Fleet Program description.

[37 FR 10882, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1670, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.1671   Classification of regions.

    The New York plans were evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant                        
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants   
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Niagara Frontier Intrastate..........................           I          I       III       III             I  
Champlain Valley Interstate..........................          II         II       III       III           III  
Central New York Intrastate..........................           I         II       III         I             I  
Genesee-Finger Lakes Intrastate......................          II         II       III       III             I  
Hudson Valley Intrastate.............................           I         II       III       III           III  
Southern Tier East Intrastate........................          II         II       III       III           III  
Southern Tier West Intrastate........................          II         II       III       III           III  
New Jersey-New York-Connecticut Interstate...........           I          I         I         I             I  
----------------------------------------------------------------------------------------------------------------



[37 FR 10882, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]     
                                                                        

Sec. 52.1672  [Reserved]



Sec. 52.1673  Approval status.

    (a) With the exceptions set forth in this section, the Administrator 
approves the New York State Implementation Plan (SIP) for the attainment 
and maintenance of the national standards under section 110(a)(2) 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. In addition, continued satisfaction of the requirements 
of Part D for the ozone element of the SIP depends on the adoption and 
submittal of requirements for reasonable available control technology 
(RACT) by January 1985 and adoption and submittal by each subsequent 
January of additional RACT requirements for sources covered by Control 
Techniques Guidelines (CTGs) issued by the previous January.
    (b) [Reserved]

[50 FR 25079, June 17, 1985, as amended at 56 FR 12453, Mar. 26, 1991]



Sec. 52.1674  Requirements for state implementation plan revisions relating to new motor vehicles.

    New York's adopted LEV program must be revised to the extent 
necessary for the state to comply with all aspects of the requirements 
of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]

[[Page 702]]



Sec. 52.1675  Control strategy and regulations: Sulfur oxides.

    (a)-(c) [Reserved]
    (d) Section 225.3(e) of Subchapter A, Chapter III, Title 6 of New 
York State's Official Compilation of Codes, Rules and Regulations, is 
disapproved since it does not provide for the type of permanent control 
necessary to assure attainment and maintenance of national standards.
    (e) Any special limitation promulgated by the Commissioner under 6 
NYCRR section 225.2(b) and (c), any exception issued by the Commissioner 
under 6 NYCRR section 225.3, and any permission issued by the 
Commissioner under 6 NYCRR section 225.5(c) shall not exempt any person 
from the requirements otherwise imposed by 6 NYCRR Part 225; provided 
that the Administrator may approve such special limitation, exception or 
permission as a plan revision when the provisions of this part, section 
110 (a)(3)(A) of the Act, and 40 CFR part 51 (relating to approval of 
and revisions to State implementation plans) have been satisfied with 
respect to such special limitation, exception or permission.
    (f) The following applies to the Environmental Protection Agency's 
approval as a SIP revision of the ``special limitation'' promulgated by 
the Commissioner of the New York State Department of Environmental 
Conservation on November 20, 1979 permitting the purchase and use by the 
Consolidated Edison Company of New York, Inc. of fuel oil with a maximum 
sulfur content of 1.5 percent, by weight, at units 2 and 3 of its Arthur 
Kill generating facility on Staten Island, New York and unit 3 of its 
Ravenswood generating station in Queens, New York:
    (1) On or before the ``Date of Conversion'' indicated below, each 
``Facility'' indicated below shall combust only natural gas for the 
duration of the special limitation.

    (a) City College of New York, Amsterdam Ave. between W. 135th St. 
and W. 138th St., Manhattan--
    North Campus Academic Center: Converted North Campus Main Boiler 
(Compton Hall): Two boilers shut-down; One boiler converted;
    South Campus--Boiler Plant: Converted;
    North Campus Science and Physical Education Building: October 1, 
1980.
    (b) Harlem Hospital, 135th St. and Lenox Ave., Manhattan: April 1, 
1981;
    (c) Columbia University, 116th St. and Broadway, Manhattan: 
Converted;
    (d) New York City Housing Auth., Senator Robert F. Wagner Houses, 
23-96 First Ave.: October 1, 1980;
    (e) New York City Housing Auth., Frederick Douglass Houses, 880 
Columbus Ave., Manhattan: October 1, 1980;
    (f) New York City Housing Auth., Manhattanville Houses, 549 W. 126th 
St., Manhattan: October 1, 1980;
    (g) New York City Housing Auth., St. Nicholas Houses, 215 W. 127th 
St.: October 1, 1980;
    (h) New York City Housing Auth., General Grant Houses, 1320 
Amsterdam Ave., Manhattan: October 1, 1980;
    (i) New York City Housing Auth., Harlem River Houses, 211-0-1 W. 
151st Street, Manhattan: October 1, 1980;
    (j) New York City Housing Auth., Martin Luther King Towers, 90 Lenox 
Ave., Manhattan: October 1, 1980;
    (k) New York City Housing Auth., Drew Hamilton Houses, 210 W. 142nd 
Street, Manhattan: October 1, 1980.

    (2) If any of the facilities identified in paragraph (g)(1) of this 
section, fail to meet the requirements of that paragraph, the 
Consolidated Edison Company shall not burn fuel oil with a sulfur 
content in excess of 0.30 percent, by weight. For this purpose, 
Consolidated Edison shall maintain a reserve supply of fuel oil with a 
maximum sulfur content of 0.30 percent, by weight, and shall have a 
mechanism to switch promptly to the use of such fuel oil.
    (3) EPA's approval of this revision to the New York SIP will extend 
for a period of twelve months from [August 11, 1980] or such longer 
period limited to twelve months from the date on which fuel oil with a 
sulfur content exceeding 0.30 percent, by weight, is first burned at any 
of the affected Consolidated Edison facilities. However, once the use of 
high sulfur fuel oil has commenced, failure to meet any of the 
conversion dates specified in paragraph (g)(1) of this section shall not 
extend the period of EPA approval.
    (4) On or before July 1, 1981 the Consolidated Edison Company of New 
York, Inc. shall displace the use of approximately 7.1 million gallons 
of residual oil, as projected on an annual basis, through a gas 
conversion program to be implemented within a two- 

[[Page 703]]

mile radius of the Mabel Dean Bacon High School Annex monitor. Beginning 
on the first day of the month in which fuel oil with a sulfur content 
exceeding 0.30 percent, by weight, is first burned at any of the 
affected Consolidated Edison facilities and continuing for twelve months 
thereafter, the Consolidated Edison Company of New York, Inc. shall 
submit a report to the EPA, on a monthly basis, which includes, but is 
not limited to, the following information regarding this program:
    (i) The total gallonage of fuel oil capacity converted (projected to 
an annual amount) as of that date,
    (ii) The potential gallonage from sources at which conversion work 
has begun, and
    (iii) The projected gallonage from sources expected to be converted 
by July 1, 1981.
    (g) The Environmental Protection Agency has approved a New York 
State Implementation Plan revision relating to the SO2 emission 
limit for units 4 and 5 of Orange and Rockland Utilities' Lovett 
generating station. The revision which allows Lovett to burn coal at 
units 4 and 5 was submitted by the New York State Department of 
Environmental Conservation (NYSDEC) on September 18, 1990, with 
additional materials submitted on April 12, 1991, and June 3, 1991. This 
action sets the emission limit applicable to the facility to 1.0 pound 
per million British thermal units (MMBtu) for units 4 and 5 if both are 
operated on coal, or to 1.5 lb/MMBtu for one unit if the other is 
operated on fuel oil, natural gas or is not operated at all, as set 
forth in the Certificates to Operate issued by NYSDEC on April 3, 1991. 
The SO2 emission limit, monitoring and recordkeeping requirements 
pertaining to the SO2 emissions are incorporated by reference into 
the Certificates to Operate.

[37 FR 19815, Sept. 22, 1972, as amended at 38 FR 31296, Nov. 13, 1973; 
39 FR 1441, Jan. 9, 1974; 39 FR 9666, Mar. 13, 1974; 39 FR 30038, Aug. 
20, 1974; 40 FR 23745, June 2, 1975; 45 FR 53144, Aug. 11, 1980; 50 FR 
23007, May 30, 1985; 56 FR 37477, Aug. 7, 1991; 60 FR 33923, June 29, 
1995]



Sec. 52.1676   Control strategy: Nitrogen dioxide.

    (a) The requirements of Sec. 52.14(c)(3) of this chapter as of May 
8, 1974 (39 FR 16347), are not met since the plans do not provide for 
the degree of nitrogen oxides emission reduction attainable through the 
application of reasonably available control technology in the New York 
portion of the New Jersey-New York-Connecticut Interstate Region.
    (b) Section 227.5(b) of 6 NYCRR, as submitted on August 10, 1979, is 
disapproved because it is inconsistent with 40 CFR Subpart G, Control 
strategy: Carbon monoxide, hydrocarbons, ozone, and nitrogen dioxide.

[37 FR 19815, Sept. 22, 1972, as amended at 39 FR 16347, May 8, 1974; 46 
FR 55693, Nov. 12, 1981; 51 FR 40675, 40677, Nov. 7, 1986]



Sec. 52.1677   Compliance schedules.

    (a) The requirements of Sec. 51.261 of this chapter are not met 
since the compliance schedule for Part 220 of Subchapter A, Chapter III, 
Title 6 of New York State's Official Compilation of Codes, Rules and 
Regulations, does not provide for attainment and maintenance of the 
national standards for particulate matter by the dates required by the 
Act.
    (b) The requirements of Sec. 51.262(a) of this chapter are not met 
since sections 223.1(a), 225.3(c), and 230.2(d) of Subchapter A, Chapter 
III, Title 6 of New York State's Official Compilation of Codes, Rules 
and Regulations do not require the reporting of periodic increments of 
progress toward compliance by affected sources or categories of sources.
    (c) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (d) Federal compliance schedules. (1) The owner or operator of any 
boiler or furnace of more than 250 million Btu per hour heat input 
subject to the requirements of section 225.3(c) of Subchapter A, Chapter 
III, Title 6 of New York State's official compilation of

[[Page 704]]

codes, rules, and regulations shall notify the Administrator, no later 
than October 1, 1973, of his intent to utilize either low-sulfur fuel or 
stack gas desulfurization to meet the requirements of said regulation.
    (2) Any owner or operator of a stationary source subject to 
paragraph (d)(1) of this section who elects low-sulfur fuel shall be 
subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with section 225.3(c) of the codes, rules, and 
regulations cited in paragraph (d)(1) of this section on June 30, 1975, 
and October 1, 1975, respectively, and for at least one year thereafter.
    (ii) December 31, 1973--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (iii) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (iv) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (v) June 15, 1974--Initiate onsite modifications, if applicable.
    (vi) February 28, 1975--Complete onsite modifications, if 
applicable.
    (vii) (a) June 30, 1975--Final compliance with the low-sulfur fuel 
requirements of section 225.3(c) of Subchapter A, Chapter III, Title 6 
of New York State's official compilation of codes, rules, and 
regulations.
    (b) October 1, 1975--Final compliance with the low-sulfur fuel 
requirements of Subchapter A, Chapter III, Title 6 of New York State's 
official compilation of codes, rules, and regulations.
    (3) Any owner or operator of a stationary source subject to 
paragraph (d)(1) of this section who elects to utilize stack gas 
desulfurization shall be subject to the following compliance schedule:
    (i) November 1, 1973--Let necessary contracts for construction.
    (ii) March 31, 1974--Initiate onsite construction.
    (iii) February 28, 1975--Complete onsite construction.
    (iv) (a) June 30, 1975--Final compliance with the requirements of 
section 225.3(c) of Subchapter A, Chapter III, Title 6 of New York 
State's official compilation of codes, rules, and regulations.
    (b) October 1, 1975--Final compliance with the requirements of 
Subchapter A, Title 6 of New York State's official compilation of codes, 
rules, and regulations.
    (v) If a performance test is necessary for a determination as to 
whether compliance with subpart (3)(iv)(a) or (b) has been achieved, 
such a test must be completed by June 30, 1975, or October 1, 1975, 
respectively. Ten days prior to such a test, notice must be given to the 
Administrator to afford him the opportunity to have an observer present.
    (4) The owner or operator of any boiler or furnace of more than 250 
million Btu per hour heat input subject to the requirement of section 
230.2(d) of Subchapter A, Chapter III, Title 6 of the New York State's 
official compilation of codes, rules, and regulations shall notify the 
Administrator no later than October 1, 1973, of his intent to utilize 
either low-sulfur fuel or stack gas desulfurization to meet the 
requirements of said regulation.
    (5) Any owner or operator of a stationary source subject to 
paragraph (d)(4) of this section who elects low-sulfur fuel shall be 
subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with section 230.2(d) of the codes, rules, and 
regulations cited in paragraph (4) of this paragraph (d) on October 1, 
1974, and for at least one year thereafter.
    (ii) December 31, 1973--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (iii) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (iv) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (v) June 15, 1974--Initiate onsite modifications, if applicable.

[[Page 705]]

    (vi) September 3, 1974--Complete onsite modifications, if 
applicable.
    (vii) October 1, 1974--Final compliance with the low-sulfur fuel 
requirements of section 230.2(d) of Subchapter A, Chapter III, Title 6 
of New York State's official compilation of codes, rules, and 
regulations.
    (6) Any owner or operator of a stationary source subject to 
paragraph (d)(5) of this section who elects to utilize stack gas 
desulfurization shall be subject to the following compliance schedule:
    (i) November 1, 1973--Let necessary contracts for construction.
    (ii) December 31, 1973--Initiate onsite construction.
    (iii) September 1, 1974--Complete onsite construction.
    (iv) October 1, 1974--Final compliance with the requirements of 
section 230.2(d) of Subchapter A, Chapter III, Title 6 of New York 
State's official compilation of codes, rules, and regulations.
    (v) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
October 1, 1974. Ten days prior to such a test, notice must be given to 
the Administrator to afford him the opportunity to have an observer 
present.
    (7) The owner or operator of any petroleum refinery subject to the 
requirements of section 223.1(a) of Subchapter A, Chapter III, Title 6 
of New York State's official compilation of codes, rules, and 
regulations shall comply with the compliance schedule in paragraph 
(d)(8) of this section.
    (8) Any owner or operator of a petroleum refinery subject to 
paragraph (d)(7) of this section shall be subject to the following 
compliance schedule:
    (i) November 1, 1973--Submit final control plan to the 
Administrator.
    (ii) February 28, 1974--Let necessary contracts for construction or 
installation of emission control equipment.
    (iii) June 30, 1974--Initiate onsite construction or installation of 
emission control equipment.
    (iv) November 30, 1974--Complete onsite construction or installation 
of emission control equipment.
    (v) December 31, 1974--Final compliance with the requirements of 
section 223.1(a) of Subchapter A, Chapter III, Title 6 of New York 
State's official compilation of codes, rules, and regulations.
    (9) The owner or operator of any coke oven battery subject to the 
requirements of Part 214, sections 214.2 and 214.4, of Subchapter A, 
Chapter III, Title 6 of the New York State's official compilation of 
codes, rules, and regulations for a facility with an environmental 
rating B as determined by Part 212 of Subchapter A, Chapter III, Title 6 
of the New York State official compilation of codes, rules, and 
regulations, shall comply with the compliance schedule in paragraph 
(d)(10) of this section.
    (10) Any owner or operator of a coke oven battery subject to 
paragraph (d)(9) of this section shall be subject to the following 
compliance schedule:
    (i) November 1, 1973--Submit final control plan to the 
Administrator.
    (ii) February 1, 1974--Let necessary contract for construction or 
installation of control equipment.
    (iii) April 15, 1974--Initiate onsite construction or installation 
of control equipment.
    (iv) November 30, 1974--Complete onsite construction or installation 
of control equipment.
    (v) December 31, 1974--Final compliance with the requirements of 
Part 214, sections 214.2 and 214.4, of the Subchapter A, Chapter III, 
Title 6 of the New York State's official compilation of codes, rules, 
and regulations.
    (11) Any owner or operator subject to a compliance schedule above 
shall certify to the Administrator, within five days after the deadline 
for each increment of progress in that schedule, whether or not the 
increment has been met.
    (12) (i) None of the above paragraphs shall apply to a source which 
is presently in compliance with applicable regulations and which has 
certified such compliance to the Administrator by October 1, 1973. The 
Administrator may request whatever supporting information he considers 
necessary for proper certification.

[[Page 706]]

    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (13) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraphs (d)(2), (3), (5), (6), (8), and 
(10) of this section fails to satisfy the requirements of Sec. 51.15 (b) 
and (c) of this chapter.

[37 FR 19815, Sept. 22, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1677, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.1678  Control strategy and regulations: Particulate matter.

    (a)-(c) [Reserved]
    (d) Section 227.3(a)(2) of 6 NYCRR, as submitted on August 10, 1979, 
is disapproved because it is inconsistent with 40 CFR Subpart G, Control 
strategy: Sulfur oxides and particulate matter.

[46 FR 55693, Nov. 12, 1981, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.1679  EPA-approved New York  State regulations.

----------------------------------------------------------------------------------------------------------------
                                            State                                                               
        New York State regulation         effective      Latest EPA approval date              Comments         
                                             date                                                               
----------------------------------------------------------------------------------------------------------------
Part 200, General Provisions............    1/16/92  7/27/93, 58 FR 40059...........  Redesignation of          
                                                                                       nonattainment areas to   
                                                                                       attainment areas         
                                                                                       (200.1(II)) does not     
                                                                                       relieve a source from    
                                                                                       compliance with          
                                                                                       previously applicable    
                                                                                       requirements as per      
                                                                                       letter of Nov. 13, 1981  
                                                                                       from H. Hovey, NYSDEC.   
                                                                                                                
Part 201, Permits and Certificates......    5/10/84  7/19/85, 50 FR 29382...........  ..........................
                                                                                                                
Part 202, Emissions Testing, Sampling,      3/24/79  ......do.......................                            
 and Analytical Determinations.                                                                                 
Part 204, Hydrocarbon Emissions from        8/12/72  9/22/72, 37 FR 19814...........                            
 Storage and Loading Facilities--New                                                                            
 York City Metropolitan Area.                                                                                   
Part 205, Architectural Surface Coatings    9/15/88  8/4/94, 59 FR 39686............  Until EPA approves State  
                                                                                       adopted coating test     
                                                                                       method, EPA will use 40  
                                                                                       CFR part 60, App. B,     
                                                                                       Method 24.               
Part 207, Control Measures for an Air       3/24/79  11/12/81, 46 FR 55690..........                            
 Pollution Episode.                                                                                             
Part 211, General Prohibitions..........    8/11/83  1/26/84, 49 FR 3439............                            
Part 212, Processes & Exhaust and/or        5/10/84  7/19/85, 50 FR 29382...........  ..........................
 Ventilation Systems.                                                                                           
                                                                                                                
Part 213, Contaminant Emissions from        6/27/72  9/22/72, 37 FR 19814...........                            
 Ferrous Jobbing Foundries.                                                                                     

[[Page 707]]

                                                                                                                
Part 214, By-Product Coke Oven Batteries    5/23/84  3/26/91, 56 FR 12452...........  Variances from otherwise  
                                                                                       applicable allowable     
                                                                                       emission rates adopted   
                                                                                       pursuant to Secs.  214.10
                                                                                       (a), (b), or (c) become  
                                                                                       applicable only if       
                                                                                       approved by EPA as SIP   
                                                                                       revisions.               
Part 216, Iron and/or Steel Processes...    5/23/84  ......do.......................                            
Part 217, Emissions from Motor Vehicles     1/29/86  11/7/86, 51 FR 40414...........                            
 Propelled by Gasoline Engines.                                                                                 
Part 218, Emission Standards for Motor      5/28/92  1/6/95, 60 FR 2025.............                            
 Vehicles and Motor Vehicle Engines.                                                                            
Part 219, Incinerators..................     5/1/82  9/22/72, 37 FR 19814...........                            
Part 220, Portland Cement Plants........    3/14/73  11/12/81, 46 FR 55690..........                            
Part 222, Incinerators--New York City,      7/17/72  9/22/72, 37 FR 19814...........                            
 Nassau and Westchester Counties.                                                                               
Part 223, Petroleum Refineries..........     8/9/84  7/19/85, 50 FR 29382...........                            
Part 224, Sulfuric and Nitric Acid          5/10/84  ......do.......................  Variances adopted by the  
 Plants.                                                                               State pursuant to Part   
                                                                                       224.6(b) become          
                                                                                       applicable only if       
                                                                                       approved by EPA as SIP   
                                                                                       revisions 7/19/85, 50 FR 
                                                                                       29382.                   
                                                                                                                
Subpart 225-1, Fuel Composition and Use-    3/24/79  11/12/81, 46 FR 55690..........  Section 225.3(e) is       
 Sulfur Limitations.                                                                   disapproved (40 CFR      
                                                                                       52.1675(d)). Variances   
                                                                                       adopted by the State     
                                                                                       pursuant to Secs.        
                                                                                       225.2(b) and (c), 225.3, 
                                                                                       and 225.5(c) become      
                                                                                       applicable only if       
                                                                                       approved by EPA or SIP   
                                                                                       revisions (40 CFR        
                                                                                       52.1675(e)).             
Subpart 225-2, Fuel Composition and Use-    7/28/83  8/2/84.........................                            
 Waste Fuel.                                                                                                    
Subpart 225-3, Fuel Composition and Use--    1/4/89  6/21/89, 54 FR 26041...........  Effective date 6/30/89.   
 Volatile Motor Fuels.                                                                                          
Part 226, Solvent Metal Cleaning........    8/23/79  11/10/80, 45 FR 74472..........                            
Part 227, Stationary Combustion             3/24/79  11/12/81, 46 FR 55690..........  Sections 227.3(a)(2),     
 Installations (except as noted).                                                      227.5(b), 227.6(a) and   
                                                                                       227.6(f) are disapproved 
                                                                                       (40 CFR 52.1676(b),      
                                                                                       52.1678(d), and          
                                                                                       52.1680(a)).             
Part 227, Stationary Combustion              5/1/72  9/22/72, 37 FR 19814...........                            
 Installations/section 227.2(b)(1).                                                                             
Part 228, Surface Coating Processes:                                                                            
    228.1, Applicability and Compliance.    8/23/79  11/10/80, 45 FR 74472..........  Group I CTG sources are   
                                                                                       subject to final         
                                                                                       compliance dates as they 
                                                                                       appear in Section 228.1, 
                                                                                       effective Aug. 23, 1979. 
    228.1-228.8.........................    8/11/83  1/26/84, 49 FR 3439............  Variances adopted by the  
                                                                                       State pursuant to Section
                                                                                       228.3(d) become          
                                                                                       applicable only if       
                                                                                       approved by EPA as SIP   
                                                                                       revisions.               

[[Page 708]]

                                                                                                                
    228.1-228.10........................    9/15/88  7/27/93, 58 FR 40065...........  Variances adopted by the  
                                                                                       State pursuant to Section
                                                                                       228.3(e) become          
                                                                                       applicable only if       
                                                                                       approved by EPA as SIP   
                                                                                       revisions.               
                                                                                      A test method authorized  
                                                                                       or approved under Section
                                                                                       228.5(c) shall be        
                                                                                       effective only on EPA    
                                                                                       approval.                
                                                                                      EPA has disapproved       
                                                                                       exemption 228.7(a)(2)(v) 
                                                                                       and clear coat emission  
                                                                                       limit for metal furniture
                                                                                       coating lines in 228.8   
                                                                                       table 1.                 
Part 229, Petroleum Liquid Storage          4/11/85  3/7/89, 54 FR 9437.............  Variances adopted by the  
 Facilities.                                                                           State pursuant to Section
                                                                                       229.10 become applicable 
                                                                                       only if approved by EPA  
                                                                                       as SIP revisions.        
Part 230, Gasoline Dispensing Sites and      3/2/88  11/28/89, 54 FR 48888..........                            
 Transport Vehicles.                                                                                            
Part 231, Major Facilities..............    6/21/80  ......do.......................                            
Part 232, Dry Cleaning..................    8/11/83  6/17/85, 50 FR 25079...........  EPA has not determined    
                                                                                       that Sec.  232.3(a)      
                                                                                       provides for reasonably  
                                                                                       available control        
                                                                                       technology.              
Part 233, Pharmaceutical Manufacturing      5/10/81  1/26/84, 49 FR 3439............                            
 Processes.                                                                                                     
Part 234, Graphic Arts..................     4/7/83  1/26/84, 49 FR 3439............  Variances adopted by the  
                                                                                       State pursuant to Section
                                                                                       234.3(c) become          
                                                                                       applicable only if       
                                                                                       approved by EPA as SIP   
                                                                                       revisions.               
Part 234, Graphic Arts..................    9/15/88  7/27/93, 58 FR 40065...........  Variances adopted by the  
                                                                                       State pursuant to Section
                                                                                       234.3(d) become          
                                                                                       applicable only if       
                                                                                       approved by EPA as SIP   
                                                                                       revisions.               
Part 236, Synthetic Organic Chemical        1/16/92  7/27/93, 58 FR 40059...........  Variances adopted by the  
 Manufacturing Facility Component Leaks.                                               State pursuant to Part   
                                                                                       236.6(e)(3) become       
                                                                                       applicable only if       
                                                                                       approved by EPA as a SIP 
                                                                                       revision.                
----------------------------------------------------------------------------------------------------------------

[46 FR 55692, Nov. 12, 1981, as amended at 46 FR 62064, Dec. 22, 1981; 
49 FR 3439, Jan. 26, 1984; 49 FR 30939, Aug. 2, 1984; 50 FR 25079, June 
17, 1985; 50 FR 29382, July 19, 1985; 51 FR 40420, Nov. 7, 1986; 54 FR 
9436, Mar. 7, 1989; 54 FR 26041, June 21, 1989; 54 FR 48889, Nov. 28, 
1989; 56 FR 12454, Mar. 26, 1991; 58 FR 40059, 40065, July 27, 1993; 59 
FR 38986, Aug. 4, 1994; 60 FR 2025, Jan. 6, 1995]

[[Page 709]]



Sec. 52.1680  Control strategy: Monitoring and reporting.

    (a) Section 227.6 (a) and (f) are disapproved because they are not 
consistent with the continuous monitoring and reporting requirements of 
40 CFR 51.214.

[46 FR 55693, Nov. 12, 1981, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.1681  Control strategy: Lead.

    As part of the attainment demonstration for lead, the State of New 
York has committed to rate all sources of lead or lead compound 
emissions with either an ``A'' or ``B'' environmental rating pursuant to 
6 NYCRR Part 212.

[49 FR 30939, Aug. 2, 1984]
Sec. 52.1682  [Reserved]



Sec. 52.1683   Control strategy: Ozone.

    (a) The State of New York has certified to the satisfaction of the 
EPA that no sources are located in the nonattainment area of the State 
which are covered by the following Control Techniques Guidelines:
    (1) Natural Gas/Gasoline Processing Plants.
    (2) Air Oxidation Processes at Synthetic Organic Chemical 
Manufacturing Industries.
    (3) Manufacture of High-Density Polyethylene, Polypropylene, and 
Polystyrene Resins.
    (b) EPA approves on September 20, 1991 a request by New York State 
to implement modified I/M audit and enforcement procedures for a two-
year trial period as specified in a September 19, 1988 letter from 
Thomas Allen, NYSDEC, to Raymond Werner, EPA, which also provided 
justification for such modifications.

[56 FR 41463, Aug. 21, 1991]
Secs. 52.1684--52.1688  [Reserved]



Sec. 52.1689   Significant deterioration of air quality.

    (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 Sec. 52.21 (b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of New York.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980]



Sec. 52.1690  Small business technical and environmental compliance assistance program.

    On January 11, 1993, the New York State Department of Environmental 
Conservation submitted a plan for the establishment and implementation 
of a Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program for incorporation in the New York state 
implementation plan. This plan meets the requirements of section 507 of 
the Clean Air Act, and New York must implement the program as approved 
by EPA.

[59 FR 34386, July 5, 1994]



                       Subpart II--North Carolina



Sec. 52.1770  Identification of plan.

    (a) Title of plan: ``The North Carolina State Implementation Plan 
for Air Quality.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory additions to the plan submitted on 
May 5, 1972, by the North Carolina Department of Natural and Economic 
Resources.
    (2) Letter indicating procurement of additional monitors submitted 
on May 9, 1972, by the North Carolina Department of Natural and Economic 
Resources.
    (3) Compliance schedules submitted on February 13, 1973, by the 
North Carolina Department of Natural and Economic Resources.
    (4) Compliance schedules submitted on February 14, 1973, by the 
North Carolina Department of Natural and Economic Resources.
    (5) Compliance schedules submitted on March 2, 1973, by the North 
Carolina Department of Natural and Economic Resources.

[[Page 710]]

    (6) Compliance schedules submitted on April 24, 1973, by the North 
Carolina Department of Natural and Economic Resources.
    (7) Compliance schedules submitted on November 2, 1973, by the North 
Carolina Department of Natural and Economic Resources.
    (8) Indirect source review regulation No. 9 submitted on November 
16, 1973, by the North Carolina Department of Natural and Economic 
Resources.
    (9) Compliance schedules submitted on November 20, 1973, by the 
North Carolina Department of Natural and Economic Resources.
    (10) Revisions to indirect source review regulation No. 9 and AQMA 
identification material submitted on April 1, 1974, by the North 
Carolina Department of Natural and Economic Resources.
    (11) Compliance schedules submitted on May 13, 1974, by the North 
Carolina Department of Natural and Economic Resources.
    (12) Compliance schedules submitted on November 7, 1974, by the 
North Carolina Department of Natural and Economic Resources.
    (13) AQMA identification material submitted on November 22, 1974, by 
the North Carolina Department of Natural and Economic Resources.
    (14) Compliance schedules submitted on November 27, 1974, by the 
North Carolina Department of Natural and Economic Resources.
    (15) Revised ambient SO2 and NO2 standards, submitted on 
March 23, 1976, by the North Carolina Department of Natural and Economic 
Resources.
    (16) Regulations extending visible emissions standard, adopting 
EPA's New Source Performance Standards (40 CFR part 60) and revising 
emission monitoring of stationary sources (40 CFR part 51.19), submitted 
June 24, 1976, by North Carolina Departmentof Natural and Economic 
Resources.
    (17) Letter requesting delegation of Federal authority for the 
administrative and technical portions of the prevention of significant 
deterioration program, submitted on June 24, 1976, by the Secretary of 
the North Carolina Department of Natural andEconomic Resources.
    (18) Miscellaneous plan revisions, submitted on November 1, 1976, by 
the North Carolina Department of Natural and Economic Resources.
    (19) Regulations governing emissions of sulfur dioxide from the 
roasting of spodumene ore, submitted on February 14, 1978, by the North 
Carolina Department of Natural Resources and Community Development.
    (20) Request for an 18-month extension of the statutory timetable 
for submitting a plan to attain and maintain the secondary ambient 
standard for particulate matter in the Spruce Pine nonattainment area, 
submitted on February 1, 1979, by the North Carolina Department of 
Natural Resources and Community Development.
    (21) 1979 implementation plan revisions for the Mecklenburg County 
ozone and carbon monoxide nonattainment areas, including regulations 
2D.0901-.0931 and 2H.0608, adopted on June 14, 1979, and submitted on 
June 15 and July 25, 1979, by the North Carolina Department of Natural 
Resources and Community Development.
    (22) Three-year variance for the coal-fired units of Duke Power 
Company and Carolina Power & Light Company from the particulate emission 
limits of Regulation 15 N.C.A.C. 2D.0503, with submittals on June 18, 
September 7, October 31, and December 14, 1979, by the North Carolina 
Department of Natural Resources and Community Development.
    (23) Revised regulations 2D.0903 and 2D.0931, adopted on April 10, 
1980, and submitted on May 2, 1980, by the North Carolina Department of 
Natural Resources and Community Development to correct deficiencies in 
the Part D ozone revisions given conditional approval on April 17, 1980.
    (24) Corrections in Part D carbon monoxide revisions conditionally 
approved on April 17, 1980, submitted on May 22 (this submittal included 
Regulation 2H.0608(g)), July 1, and August 19, 1980, by the North 
Carolina Department of Natural Resources and Community Development.
    (25) Miscellaneous revisions submitted on June 15, 1979 (provisions 
for interstate pollution abatement to satisfy section 126(a) of the 
Clean Air Act, and revised ambient standard for

[[Page 711]]

ozone), and on May 2, 1980 (revision of regulations 2D.0302, .0501, 
.0524, .0525, and .0603, addition of regulation 2H.0603(f), ambient 
standard for airborne lead, and provision for public participation to 
satisfy section 127(a) of the Clean Air Act), by the North Carolina 
Department of Natural Resources and CommunityDevelopment.
    (26) Revisions of Section VI, Air Quality Surveillance, of the plan, 
submitted on August 19, 1980, by the North Carolina Department of 
Natural Resources and Community Development.
    (27) Opacity limits for existing kraft pulp mill recovery furnaces 
(regulation 2D .0508(b)) and revised opacity limitations for other 
sources (revised regulation 2D .0521), submitted on March 22, 1977, and 
on April 19, 1978, by the North Carolina Department of Natural Resources 
and Community Development.
    (28) Revisions in VOC regulations 2D.0902, .0903, .0905, .0907-
.0912, and new VOC regulations 2D.0932-.0942, submitted on June 23, 
1980, and revised regulation 2D.0936, submitted on April 29, 1981, by 
the North Carolina Department of Natural Resources and Community 
Development.
    (29) Implementation plan for lead, submitted on May 2, 1980, by the 
North Carolina Department of Natural Resources and Community 
Development.
    (30) Regulation 2D.0530, providing for prevention of significant 
deterioration, submitted on April 16, 1981, by the North Carolina 
Department of Natural Resources and Community Development.
    (31) Addition of regulations 2D.0531 and 2D.0532 to replace repealed 
regulation 2H.0608, regulations providing for alternative emission 
reduction options, revised permit regulations (no action is taken on the 
addition of subdivision (h) to regulation 2H.0603), and miscellaneous 
other regulation changes, submitted on April 16, 1981, and relaxed 
annual ambient standard for particulate matter, submitted on September 
14, 1981, by the North Carolina Department of Natural Resources and 
Community Development.
    (32) Revised SO2 limit for all but 24 (see FR of December 7, 
1982) fuel-burning sources (changes in regulations 2D.0511 and .0516), 
submitted on March 22, 1977, and January 11, 1982, by the North Carolina 
Department of Natural Resources and Community Development.
    (33) Permit restricting emissions of SO2 from the Cliffside 
Steam Plant of Duke Power Company to 2.2  per million Btu, submitted on 
September 24, 1982, by the North Carolina Department of Natural 
Resources and Community Development.
    (34) Revised SO2 limit for eight fuel-burning sources (See FR 
of February 10, 1983), submitted on March 22, 1977, and January 11, July 
27, and August 26, 1982, by the North Carolina Department of Natural 
Resources and Community Development.
    (35) Changes in regulations 2D.0524 and .0603, submitted on 
September 24, 1982, by the North Carolina Department of Natural 
Resources and Community Development.
    (36) Bubble permit for E. I. du Pont de Nemours and Company, 
Kinston, submitted on May 18, 1983, by the North Carolina Department of 
Natural Resources and Community Development.
    (37) 1982 revision of the Part D plan for the Mecklenburg County CO 
nonattainment area, submitted on June 17, 1982, and April 17, 1984, by 
the North Carolina Department of Natural Resources and Community 
Development.
    (38) Revisions to the North Carolina Administrative Code were 
submitted to EPA on January 24, 1983.
    (i) Incorporation by reference. (A) Letter of January 24, 1983 from 
the North Carolina Department of Natural Resources and Community 
Development, and the following North Carolina Administrative Code 
Regulations which were adopted by the Environmental Management 
Commission on December 9, 1982:

15 NCAC 2D.0501, Compliance With Emission Control Standards
15 NCAC 2D.0503, Control of Particulates from Fuel Burning Sources
15 NCAC 2D.0504, Particulates from Wood Burning Indirect Heat Exchangers
15 NCAC 2D.0530, Prevention of Significant Deterioration
15 NCAC 2D.0531, Sources in Nonattainment Areas
15 NCAC 2D.0532, Sources Contributing to an Ambient Violation
15 NCAC 2D.0606, Other Coal or Residual Oil Burners

[[Page 712]]

15 NCAC 2D.0902, Applicability (Volatile Organic Compounds)
15 NCAC 2H.0603, Applications (Air Quality Permits)

    (39) Revisions to the North Carolina Administrative Code were 
submitted to EPA on April 17, 1984.
    (i) Incorporation by reference. (A) Letter of April 17, 1984 from 
the North Carolina Department of Natural Resources and Community 
Development, and the following North Carolina Administrative Code 
Regulations which were adopted by the Environmental Management 
Commission on April 12, 1984:

15 NCAC 2D.0101, Definitions and References
15 NCAC 2D.0103, Copies of Referenced Federal Regulations
15 NCAC 2D.0201, Classification of Air Pollution Sources
15 NCAC 2D.0202, Registration of Air Pollution Sources
15 NCAC 2D.0302, Episode Criteria
15 NCAC 2D.0303, Emission Reduction Plans
15 NCAC 2D.0304, Preplanned Abatement Program
15 NCAC 2D.0305, Emission Reduction Plan--Alert Level
15 NCAC 2D.0306, Emission Reduction Plan--Warning Level
15 NCAC 2D.0307, Emission Reduction Plan--Emergency Level
15 NCAC 2D.0401, Purpose (Ambient Air Quality Standards)
15 NCAC 2D.0402, Sulfur Oxides
15 NCAC 2D.0403, Suspended Particulates
15 NCAC 2D.0404, Carbon Monoxide
15 NCAC 2D.0405, Ozone
15 NCAC 2D.0407, Nitrogen Dioxide
15 NCAC 2D.0408, Lead
15 NCAC 2D.0501, Compliance With Emission Control Standards
15 NCAC 2D.0524, New Source Performance Standards
15 NCAC 2D.0601, Purpose and Scope (Monitoring, Reporting)
15 NCAC 2D.0602, Definitions
15 NCAC 2D.0604, Sources Covered by Implementation Plan Requirements
15 NCAC 2D.0605, Wood and Wood--Fossil Fuel Combination Units
15 NCAC 2D.0606, Other Coal or Residual Oil Burners
15 NCAC 2D.0607, Exceptions to Monitoring and Reporting Requirements
15 NCAC 2D.0608, Program Schedule
15 NCAC 2D.0610, Delegation
15 NCAC 2D.0801, Purpose and Scope (Complex Sources)
15 NCAC 2D.0802, Permits
15 NCAC 2D.0803, Highway Projects
15 NCAC 2D.0804, Airport Facilities
15 NCAC 2H.0601, Purpose and Scope (Air Quality Permits)
15 NCAC 2H.0602, Definitions
15 NCAC 2H.0604, Final Action on Permit Applications
15 NCAC 2H.0605, Issuance, Revocation and Enforcement of Permits
15 NCAC 2H.0606, Delegation of Authority
15 NCAC 2H.0607, Copies of Referenced Documents

    (ii) Additional material. (A) The following regulations were 
repealed by the Environmental Management Commission on April 12, 1984:

15 NCAC 2D.0102, Phrases
15 NCAC 2D.0406, Hydrocarbons
15 NCAC 2D.0603, Sources Covered by National Standards

    (40) Visibility Impairment Prevention Program and visibility new 
source review regulations were submitted to EPA on April 15, 1985.
    (i) Incorporation by reference.
    (A) Letter of April 15, 1985, from the North Carolina Department of 
Natural Resources and Community Development, and the following North 
Carolina Administrative Code revisions which were adopted by the 
Environmental Management Commission on April 11, 1985: 15 NCAC 2D.0530, 
Prevention of Significant Deterioration 15 NCAC 2D.0531, Sources in 
Nonattainment Areas.
    (ii) Additional material.
    (A) Narrative submittal, titled ``Visibility Impairment Prevention 
Program for Federal Class I Areas,'' adopted by the Environmental 
Management Commission on April 11, 1985.
    (41)  [Reserved]
    (42) A new regulation covering malfunctions, (2D.0535 (a)--(f)), and 
the repeal of a malfunction rule for VOC sources (2D.0904) which were 
submitted to EPA on January 24, 1983. (2D.0535(g) covering startups and 
shutdowns as submitted on April 17, 1984, is disapproved.)
    (i) Incorporation by reference.
    (A) New malfunction regulation 15 NCAC 2D.0535 paragraphs (a)-(f), 
as adopted by the Environmental Management Commission on December 9, 
1982.
    (ii) Additional material.
    (A) Letter from Robert F. Helms, Director, Division of Environmental 
Management, dated January 24, 1983.

[[Page 713]]

    (43) Revisions to the North Carolina Administrative Code were 
submitted to EPA on March 18, 1985.
    (i) Incorporation by reference.
    (A) Changes in the following regulations were adopted by the 
Environmental Management Commission on March 14, 1985:

15 NCAC 2D.0606, Other Coal or Residual Oil Burners
15 NCAC 2D.0939, Determination of Volatile Organic Compound Emissions

    (B) The following new regulations were adopted by the Environmental 
Management Commission on March 14, 1985:

15 NCAC 2D.0943, Synthetic Organic Chemical and Polymer Manufacturing
15 NCAC 2D.0944, Manufacturing of Polyethylene, Polypropylene, and 
Polystyrene
15 NCAC 2D.0945, Petroleum Dry Cleaning

    (ii) Other material--none.
    (44) Revisions to the North Carolina Administrative Code were 
submitted to EPA on April 15, 1985.
    (i) Incorporation by reference.
    (A) Changes in the following regulations were adopted by the 
Environmental Management Commission on April 11, 1985:

15 NCAC 2D.0202, Registration of Air Pollution Sources
15 NCAC 2D.0501, Compliance with Emission Control Standards (except the 
changes to paragraph (f)(1)(A))
15 NCAC 2D.0503, Control of Particulates from Fuel Burning Indirect Heat 
Exchangers
15 NCAC 2D.0504, Particulates from Wood Burning Indirect Heat Exchangers
15 NCAC 2D.0505, Control of Particulates from Incinerators
15 NCAC 2H.0603, (Permit) Applications

    (ii) Other material--none.
    (45) SO2 revisions for Alba Waldensian and Valdese 
Manufacturing which were submitted by the North Carolina Department of 
Natural Resources and Community Development on April 2, 1986.
    (i) Incorporation by reference. (A) Letter of April 2, 1986, from 
the North Carolina Department of Natural Resources and Community 
Development.
    (B) Permits for Alba Waldensian (2 plants) and Valdese Manufacturing 
which were issued by the Environmental Management Commission on July 23, 
1986, March 11, 1987, and August 1, 1985, respectively.
    (ii) Additional material--none.
    (46) SO2 and particulate revision for Appalachian State 
University which was submitted by the North Carolina Department of 
Natural Resources and Community Development on July 26, 1985, and June 
7, 1988.
    (i) Incorporation by reference.
    (A) Letters of July 26, 1985 and June 7, 1988 from the North 
Carolina Department of Natural Resources and Community Development.
    (B) Permit for Appalachian State University (No. 3990R4) which was 
issued by the Environnental Management Commission on July 19, 1985, and 
amended on June 7, 1988.
    (ii) Additional material--none.

    (47) Revisions to Title 15 of the North Carolina Administrative Code 
(15 NCAC) which were submitted to EPA on December 17, 1984.
    (i) Incorporation by reference.
    (A) Letter of December 17, 1984, from the North Carolina Division of 
Environmental Management and amendments to the following regulations 
which were adopted by the North Carolina Environmental Management 
Commission on November 8, 1984:

2D.0501--Compliance with Emission Control Standards
2D.0506--Control of Particulates from Hot Mix Asphalt Plants
2D.0507--Particulates from Chemical Fertilizer Manufacturing Plants
2D.0508--Control of Particulates from Pulp and Paper Mills
2D.0509--Particulates from Mica or Feldspar Processing Plants
2D.0510--Particulates: Sand, Gravel, Crushed Stone Operations
2D.0511--Particulates, SO2 from Lightweight Aggregate Processes
2D.0512--Particulates from Wood Products Finishing Plants
2D.0513--Control of Particulates from Portland Cement Plants
2D.0514--Control of Particulates from Ferrous Jobbing Foundries
2D.0515--Particulates from Miscellaneous Industrial Processes
2D.0516--Sulfur Dioxide Emissions from Fuel-Burning Installations
2D.0517--Emissions from Plants Producing Sulfuric Acid (Except revision 
to paragraph 2)
2D.0519--Control of Nitrogen Dioxide Emissions

[[Page 714]]

2D.0520--Control and Prohibition of Open Burning
2D.0521--Control of Visible Emissions
2D.0527--Emissions from Spodumene Ore Roasting (Except revision to 
paragraph 2)
2D.0530--Prevention of Significant Deterioration
2D.0531--Sources in Nonattainment Areas
2D.0532--Sources Contributing to an Ambient Violation
2D.0901--Definitions (Volatile Organic Compounds)
2D.0903--Recordkeeping, Reporting, Monitoring (Volatile Organic 
Compounds)
2D.0905--Petition for Alternative Controls
2D.0906--Circumvention
2D.0907--Equipment Installation Compliance Schedules
2D.0908--Equipment Modification Compliance Schedules
2D.0909--Low Solvent Content Coating Compliance Schedules
2D.0910--Alternate Compliance Schedules
2D.0912--General Provisions on Test Methods and Procedures
2D.0913--Determination of Volatile Content of Surface Coating
2D.0914--Determination of VOC Emission Control System Efficiency
2D.0915--Determination of Solvent Metal Cleaning VOC Emissions
2D.0916--Determination of VOC Emissions from Bulk Gasoline Terminals
2D.0918--Can Coating
2D.0919--Coil Coating
2D.0920--Paper Coating
2D.0921--Fabric and Vinyl Coating
2D.0922--Metal Furniture Coating
2D.0923--Surface Coating of Large Appliances
2D.0924--Magnet Wire Coating
2D.0925--Petroleum Liquid Storage In Fixed Roof Tanks
2D.0926--Bulk Gasoline Plants
2D.0927--Bulk Gasoline Terminals
2D.0928--Gasoline Service Stations Stage I
2D.0929--Petroleum Refinery Sources
2D.0930--Solvent Metal Cleaning
2D.0931--Cutback Asphalt
2D.0932--Gasoline Truck Tanks and Vapor Collection Systems
2D.0933--Petroleum Liquid Storage In External Floating Roof Tanks
2D.0934--Coating of Miscellaneous Metal Parts and Products
2D.0935--Factory Surface Coating of Flat Wood Paneling
2D.0936--Graphic Arts
2D.0937--Manufacture of Pneumatic Rubber Tires
2D.0938--Perchloroethylene Dry Cleaning System
2D.0939--Determination of Volatile Organic Compound Emissions
2D.0940--Determination of Leak Tightness and Vapor Leaks
2H.0601--Purpose and Scope (Permits)
2H.0604--Final Action on Permit Applications
2H.0605--Issuance, Revocation and Enforcement of Permits

    (ii) Additional material.
    (A) Regulation 2D.0609 (Monitoring Condition in Permit) was repealed 
by the Environmental Management Commission on November 8, 1984.
    (48) Revision to the North Carolina Administrative Code (15 NCAC) 
which was submitted to EPA on February 25, 1986.
    (i) Incorporation by reference.
    (A) Letter of February 25, 1986, from the North Carolina Division of 
Environmental Management and the amendment to regulation 2D.0917 
(Automobiles and Light-Duty Truck Manufacturing) which was adopted by 
the North Carolina Environmental Management Commission on February 13, 
1986.
    (ii) Additional material--none.
    (49) Revision to 15 NCAC 2D.0518 which was submitted by the North 
Carolina Division of Environmental Management on January 24, 1983.
    (i) Incorporation by reference.
    (A) Letter of January 24, 1983 to EPA from the North Carolina 
Department of Natural Resources and Community Development, and 
amendments to North Carolina Administrative Code regulation 2D.0518 
(Miscellaneous Volatile Organic Compound Emissions) adopted by the 
Environmental Management Commission on December 9, 1982, which allow 
alternative control strategies.
    (ii) Additional material--none.
    (50) Stack Height regulations were submitted to EPA on September 24, 
1982, April 17, 1984, and February 25, 1986, by the North Carolina 
Department of Natural Resources and Community Development.
    (i) Incorporation by reference. (A) Regulations 15NCAC 2D.0533 
(Stack Height) adopted on September 9, 1982 and Regulations 15NCAC 
2H.0603 (Applications) adopted on February 13, 1986 and April 12, 1984, 
by the Environmental Management Commission.
    (ii) Other material--none.
    (51) Revisions to the North Carolina State Implementation Plan were 
submitted by the State of North Carolina Division of Environmental 
Management on June 12, 1986.

[[Page 715]]

    (i) Incorporation by reference.
    (A) A new regulation entitled Control of Conical Incinerators, 15 
NCAC 2D.0523, which became effective on January 1, 1985.
    (B) A letter dated July 7, 1987, from the State of North Carolina 
Division of Environmental Management clarifying the adoption and 
effective dates of 15 NCAC 2D.0523.
    (ii) Other material--none.
    (52) Minor revisions to Title 15 of the North Carolina 
Administrative Code (15 NCAC) were submitted to EPA on February 25, 
1986.
    (i) Incorporation by reference.
    (A) Letter of February 25, 1986 from the State of North Carolina to 
EPA, and Amendments in the following regulations which were adopted by 
the North Carolina Environmental Management Commission on February 13, 
1986:

2D.0501  Compliance with Emission Control Standards
2D.0508  Control of Particulates from Pulp and Paper Mills
2D.0509  Particulates from Mica and Feldspar Processing Plants
2D.0514  Control of Particulates from Ferrous Jobbing Foundries
2D.0535  Malfunctions, Startup and Shutdown
2D.0916  Determination: VOC Emissions from Bulk Gasoline Terminals

    (ii) Other material--none.
    (53) Revisions to 15 NCAC, regulation 2D.0501 were submitted to EPA 
on October 14, 1986.
    (i) Incorporation by reference.
    (A) Letter of October 14, 1986, from the North Carolina Department 
of Natural Resources and Community Development, and revisions to 15 
NCAC, regulation 2D.0501 which were adopted by the Environmental 
Management Commission on September 11, 1986.
    (ii) Additional material--none.
    (54) Revisions to the visible emission regulations of Title 15 of 
the North Carolina Administrative Code (15 NCAC) were submitted February 
11, 1987.
    (i) Incorporation by reference.
    (A) Letter to EPA dated February 11, 1987 and amendments to the 
following North Carolina Administrative Code regulations:

15 NCAC 2D.0501(c)(8), Compliance with Emission Control Standards;
15 NCAC 2D.0508(b), Control of Emissions from Pulp and Paper Mills; and
15 NCAC 2D.0521 (c), (d), and (f), Control of Visible Emissions, which 
became effective on August 1, 1987.

    (ii) Additional material--none.
    (55) A revised regulation limiting emissions from electric utility 
boilers was submitted on January 24, 1983, and February 21, 1983, and 
amended by submittals dated December 17, 1985, and June 19, 1987, by the 
North Carolina Department of Natural Resources and Community 
Development. Only the following portions of this regulation are 
approved:
    (i) Incorporation by reference.
    (A) Only those portions of a new regulation, 15 NCAC 2D.0536, 
entitled ``Emissions from Electric Utility Boilers,'' which were 
approved by the Environmental Protection Agency on April 5, 1988.
    (ii) Other material--none.
    (56) Revisions to miscellaneous regulations of Title 15 of the North 
Carolina Administrative Code (15 NCAC) were submitted April 14, 1987.
    (i) Incorporation by reference.
    (A) Amendments to the following regulations (15 NCAC) were adopted 
by the North Carolina Environmental Management Commission on April 9, 
1987:

2D.0103--Copies of Referenced Federal Regulations, paragraph (a)(2).
2D.0501--Compliance with Emission Control Standards, paragraph (c)(4).
2D.0505--Control of Particulates from Incinerators, paragraph (b).
2D.0533--Stack Height, paragraph (a)(7).
2H.0607--Copies of Referenced Documents, (a) introductory text and 
paragraph (a)(2).

    (B) Letter of April 14, 1987, to EPA from the State of North 
Carolina Department of Natural Resources and Community Development.
    (ii) Other material--none.
    (57) Revisions to 15 NCAC 2D.0501(c)(4) were submitted by the North 
Carolina Department of Natural Resources and Community Development on 
December 15, 1987.
    (i) Incorporation by reference.
    (A) Letter of December 15, 1987, to the Environmental Protection 
Agency from the North Carolina Department of Natural Resources and 
Community Development and revised paragraph (c)(4) of 15 NCAC 2D.0501, 
adopted by the

[[Page 716]]

North Carolina Environmental Management Commission on December 10, 1987.
    (ii) Additional material--none.
    (58) North Carolina plan for visibility impairment prevention for 
federal Class I areas, Part 2, submitted to EPA on December 15, 1987, by 
the North Carolina Division of Environmental Management (NCDEM) to 
satisfy the Part 2 visibility requirements including the State's long-
term strategy and provisions to satisfy the periodic review 
requirements.
    (i) Incorporation by reference.
    (A) December 15, 1987, letter from the North Carolina Division of 
Environmental Management.
    (B) That portion of page II-7 of the North Carolina plan for 
visibility impairment prevention for federal Class I areas Part 2 
containing the periodic review requirements satisfying 40 CFR 51.306(c), 
adopted by the North Carolina Division of Environmental Management on 
December 10, 1987.
    (ii) Additional material.
    (A) Narrative SIP titled ``The North Carolina Plan for Visibility 
Impairment Prevention for Federal Class I Areas Part 2.''
    (59) [Reserved]
    (60) Revisions to 15 NCAC 2D.0103, Copies of Referenced Federal 
Regulations; 2D.0304, Preplanned Abatement Program; 2D.0604, Sources 
Covered by Implementation Plan Requirements; 2D.0606, Other Coal or 
Residual Oil Burners; 2D.0608, Program Schedule; and 2H.0607, Copies of 
Referenced Documents, were submitted by the North Carolina Department of 
Natural Resources and Community Development on May 2, 1988.
    (i) Incorporation by reference.
    (A) Letter of May 2, 1988 from the North Carolina Department of 
Natural Resources and Community Development and revised regulations 15 
NCAC 2D.0103(a)(6), 2D.0304(a), 2D.0604(b), 2D.0606(a)(4)(E), 
2D.0608(b), and 2H.0607(a)(6), adopted by the North Carolina 
Environmental Management Commission on April 14, 1988.
    (ii) Additional material--none.
    (61) Revisions to the SIP including PM10 revisions submitted on 
May 2, 1988, and July 14, 1989 by the North Carolina Department of 
National Resources and Community Development.
    (i) Incorporation by reference. (A) July 1, 1988 revisions to North 
Carolina Administration Code Regulation No.:

2D.0101--Definitions, (18) and (25)-(33)
2D.0302--Episode criteria, (2)(g), (3)(g), (4) (f) and (g)
2D.0403--Total suspended particulates
2D.0409--Particulate matter
2D.0501--Compliance with emission control standards, (c)(16)
2D.0913--Determination of volatile content of surface coatings
2D.0916--Determination of VOC emissions from bulk gasoline terminals
2D.0939--Determination of volatile organic compound emissions
2D.0940--Determination of leak tightness and vapor leaks
2D.0601--Purpose and scope
2D.0603--Applications, (f) (5) and (6)

    (B) October 1, 1989 State-effective revisions to North Carolina 
Administration Code No.:

2D.0104--Adoption by Reference Updates
2D.0530--Prevention of Significant Deterioration, (h)
2D.0531--Sources in Non-Attainment Areas, (d)

2D.0532--Sources Contributing to an Ambient Violation, (d)
    (ii) Additional material. (A) May 2, 1988 letter from North Carolina 
Department of Natural Resources and Community Development.
    (B) July 14, 1989 letter from North Carolina Department of Natural 
Resources and Community Development
    (62) Permits for Liggett & Myers and Burlington Industries which 
were submitted as State Implementation Plant revisions on April 2, 1986, 
and resubmitted on October 24, 1989.
    (i) Incorporation by reference.
    (A) Permit No. 2533R11 for Liggett & Myers Tobacco Company issued on 
May 22, 1989.
    (B) Permit No. 4119R5 for Burlington Industries issued on March 3, 
1987.
    (ii) Additional material--none.
    (63) Miscellaneous revisions to the North Carolina State 
Implementation Plan which were submitted on July 14, 1989.
    (i) Incorporation by reference.
    (A) Revisions to North Carolina Administrative Code which became 
State effective on October 1, 1989 are as follows:


[[Page 717]]


2D.0401, Purpose, as amended
2D.0404, Carbon Monoxide, as amended
2D.0407, Nitrogen Dioxide, as amended
2D.0501, Compliance with Emission Control Standards, (c)(3)
2D.0511, Particulates from Lightweight Aggregate Processes, (d)
2D.0516, Sulfur Dioxide Emissions from Combustion Sources, (a)
2D.0519, Control of Nitrogen Dioxide and Nitrogen Oxides Emissions, as 
amended
2H.0601, Purpose and Scope, (a), (c), and (d)
2H.0603, Applications, (d) and (e)
2H.0606, Delegation of Authority, as amended

    (ii) Additional material.
    (A) Letter of July 14, 1989 submitting the SIP revisions.
    (64) Revisions to the North Carolina State Implementation Plan which 
were submitted on July 15, 1987 and May 25, 1988.
    (i) Incorporation by reference.
    (A) Revisions to North Carolina Administrative Code effective as of 
July 1, 1988, are as follows:

2D.0530, Prevention Of Significant Deterioration, except (h).
2D.0531, Sources In Nonattainment Areas, except (d).
2D.0532, Sources Contributing To An Ambient Violation, except (d).
    (ii) Additional information--none.

    (65) Revisions to the North Carolina SIP which include the Forsyth 
County, Western North Carolina and Mecklenburg County regulations which 
were submitted on June 14, 1990.
    (i) Incorporation by reference.
    (A) The entire set of Forsyth County Air Quality Control Code 
regulations effective December 19, 1988, except for section 3-152(2), 3-
155, 3-158, 3-159, 3-160 and 3-169.
    (B) The entire set of Western North Carolina regulations effective 
March 13, 1985 and November 9, 1988, except for Sections 1-137(g), 1-
139, 1-144, 1-152(2), 1-158 and 1-159.
    (C) The entire set of Mecklenburg County regulations effective April 
3, 1989, except for Sections 2.0517(2), 2.0524, 2.0525, 2.0528, 2.0529, 
2.0534, 2.0537.
    (ii) Additional material--none.
    (66) The maintenance plan and emission inventory for Greensboro/
Winston-Salem/Highpoint Area which includes Davidson County, Davis 
County (part) the area bounded by the Yadkin River, Dutchmans Creek, 
North Carolina Highway 801, Fulton Creek, and back to the Yadkin River, 
Forsyth County and Guilford County, submitted by the North Carolina 
Department of Environment, Health, and Natural Resources on November 13, 
1992, and June 1, 1993, as part of the North Carolina SIP.
    (i) Incorporation by reference.
    (A) Supplement to the Redesignation Demonstration and Maintenance 
Plan For Raleigh/Durham and Greensboro/Winston-Salem/High Point Ozone 
Attainment Areas submitted June 1, 1993, and Prepared by the North 
Carolina Department of Environment, Health, and Natural Resources, 
Division of Environmental Management, Air Quality Section. The effective 
date is July 8, 1993.
    (1) Section 2-- Discussion of Attainment.
    (2) Section 3--Maintenance Plan.
    (3) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 1990.
    (4) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 1993.
    (5) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 1996.
    (6) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 1999.
    (7) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 2002.
    (8) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 2004.
    (ii) Other material. None
    (67) The maintenance plan and emission inventory for the Raleigh/
Durham Area which includes Durham County, Wake County, and the 
Dutchville Township portion of Granville County submitted by the North 
Carolina Department of Environment, Health, and Natural Resources on 
November 13, 1992, and June 1, 1993, as part of the North Carolina SIP.
    (i) Incorporation by reference.
    (A) Supplement to the Redesignation Demonstration and Maintenance 
Plan for the Greensboro/Winston-Salem/High Point and Raleigh/Durham 
Ozone Attainment Areas submitted June 1, 1993, and Prepared by the North 
Carolina Department of Environment, Health, and Natural Resources, 
Division of Environmental Management, Air Quality

[[Page 718]]

Section. The effective date is July 8, 1993.
    (1) Section 2--Discussion of Attainment.
    (2) Section 3--Maintenance Plan.
    (3) Raleigh/Durham Nonattainment Area Emission Summary for 1990.
    (4) Raleigh/Durham Nonattainment Area Emission Summary for 1993.
    (5) Raleigh/Durham Nonattainment Area Emission Summary for 1996.
    (6) Raleigh/Durham Nonattainment Area Emission Summary for 1999.
    (7) Raleigh/Durham Nonattainment Area Emission Summary for 2002.
    (8) Raleigh/Durham Nonattainment Area Emission Summary for 2004.
    (ii) Other material. None.
    (68) The North Carolina Department of Environmental Management 
submitted an Oxygenated Fuel program as part of North Carolina carbon 
monoxide SIP on November 20, 1992.
    (i) Incorporation by reference.
    (A) The North Carolina Environmental Commission regulations 15A NCAC 
2D.1301 through .1305 effective September 1, 1992.
    (B) The North Carolina Gasoline and Oil Board section .0800 through 
.0806 effective September 1, 1992.
    (ii) Other material. None.
    (69) Revisions to the VOC portion of the North Carolina SIP to 
correct deficiencies submitted on September 21, 1989, January 14, 1991, 
and April 29, 1991, and July 19, 1993, revisions to VOC regulations of 
the Mecklenburg County Department of Environmental Protection submitted 
on August 13, 1991.
    (i) Incorporation by reference.
    (A) Amendments to the North Carolina regulations 15 NCAC 2D.0101, 
.0531, .0901 except (12) and (28), .0913(b), .0917 except (d), .0918 
except (d), .0919 except (d), .0920 except (e), .0921 except (d), .0922 
except (d), .0923 except (e), .0924 except (d), .0925 except (d)(1), 
.0926 except (g), .0927, .0928 except (e), .0929 except (d), .0930 
except (e)(3) and (f)(2), .0931, .0932, .0933 except (f), .0934 except 
(e), .0935, .0936, .0937, .0938, .0941, and 2H.0603 effective December 
1, 1989.
    (B) Amendments to the North Carolina regulations 15 NCAC 2D.0901 
(28), .0902(c), .0913(a), .0925(d)(1), .0926(g), .0928(e), .0929(d), 
.0930 (e)(3) and (f)(2), .0933(f), .0943 (a) (8) and (10) which were 
effective March 1, 1991.
    (C) Amendments to the North Carolina regulations 15 NCAC 
2D.0901(12), .0917(d), .0918(d), .0919(d), .0920(e), .0921(d), .0922(d), 
.0923(e), .0924(d), and .0934(e) effective on July 1, 1991.
    (D) Amendments to the North Carolina regulations 15 NCAC 2D.0903 and 
2D.0912 effective on July 1, 1993.
    (E) Amendments to the Mecklenburg County Department of Environmental 
Protection regulations 2.0901, 2.0902, 2.0913, 2.0925, 2.0926, 2.0928, 
2.0929, 2.0930, 2.0933, 2.0934, 2.0943, 2.0944 effective March 1, 1991.
    (F) Amendments to the Mecklenburg County Department of Environmental 
Protection regulations 2.0903, 2.0912 effective July 1, 1991.
    (ii) Other material. None.
    (70) The minor source operating permit program for Mecklenburg 
County, North Carolina, submitted by the Mecklenburg County Department 
of Environmental Protection on November 24, 1993, and as part of the 
Mecklenburg County portion of the North Carolina SIP.
    (i) Incorporation by reference.
    MCAPCO Regulations 1.5211 through 1.5214, 1.5216, 1.5219, 1.5221, 
1.5222, 1.5232, 1.5234, and 1.5306 of the Mecklenburg County portion of 
the North Carolina SIP adopted June 6, 1994.
    (ii) Other material. None.
    (71) The PSD NOx increment regulations and other miscellaneous 
revisions to the North Carolina State Implementation Plan which were 
submitted on March 3, 1993.
    (i) Incorporation by reference.
    (A) North Carolina regulations 15 NCAC 2D.0103, 2D.0104, 2D.0401, 
2D.0521, 2D.0530, 2D.0531, 2D.0532, 2H.0603, 2H.0607, and 2H.0609 
effective on December 1, 1992.
    (ii) Other material. None.
    (72) The NSR regulations to the North Carolina State Implementation 
Plan which were submitted on January 7, 1994.
    (i) Incorporation by reference.
    (A) North Carolina regulations 15A NCAC 2D.0531, and 2D.0532 
effective on December 1, 1993.
    (ii) Other material.
    (A) Letter of January 7, 1993, from the North Carolina Division of 
Environmental Management.

[[Page 719]]

    (73) Revisions to the State of North Carolina State Implementation 
Plan (SIP) concerning emission statements were submitted on August 15, 
1994, by the North Carolina Department of Environment, Health and 
Natural Resources.
    (i) Incorporation by reference.
    Revisions to North Carolina Regulation 15A NCAC 2Q .0207, effective 
July 1, 1994.
    (ii) Other material. None.
    (74) The minor source operating permit programs for the State of 
North Carolina, Western North Carolina Regional Air Pollution Control 
Board, and Forsyth County Department of Environmental Affairs submitted 
by the North Carolina Department of Environment, Health, and Natural 
Resources on May 31, 1994, June 1, 1994, and September 15, 1994, as part 
of the North Carolina SIP.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2Q.0103, 15A NCAC 2Q.0301, 15A NCAC 2Q.0303 
through 15A NCAC 2Q.0311 of the North Carolina SIP as adopted by the 
North Carolina Environmental Management Commission on May 12, 1994 and 
which became effective on July 1, 1994.
    (B) Regulations 15A NCAC 2Q.0103, 15A NCAC 2Q.0301, 15A NCAC 2Q.0303 
through 15A NCAC 2Q.0311 of the North Carolina SIP as adopted by 
reference by the Western North Carolina Regional Air Pollution Control 
Board (WNCRAPCB) on September 12, 1994 and which were made effective 
September 12, 1994.
    (C) Regulations Subchapter 3Q.0103, Subchapter 3Q.0301, Subchapter 
3Q.0303 through Subchapter 3Q.0311 of the Forsyth County portion of the 
North Carolina SIP as adopted and made effective by the Forsyth County 
Board of Commissioners on May 23, 1994.
    (ii) Other material. None.
    (75) The redesignation and maintenance plan for Winston-Salem/
Forsyth County submitted by the North Carolina Department of 
Environmental Management on April 27, 1994, as part of the North 
Carolina SIP. The emission inventory projections are included in the 
maintenance plan.
    (i) Incorporation by reference.
    (A) Maintenance Plan for the Forsyth County Carbon Monoxide 
Nonattainment Area adopted on April 14, 1994.
    (ii) Other material. None.
    (76) The North Carolina Department of Environment, Health and 
Natural Resources submitted revisions to the North Carolina State 
Implementation Plan on November 2, 1989. These revisions incorporate 
SO2 limits and permit conditions for Texasgulf, Incorporated.
    (i) Incorporation by reference.
    (A) Permit for Texasgulf, Incorporated (air permit no. 2331R10) 
which was issued by the Environmental Management Commission on October 
13, 1989.
    (ii) Additional material-none.
    (77) Revisions to the VOC RACT regulations, and other miscellaneous 
revisions to the North Carolina State Implementation Plan which were 
submitted on January 7, 1994.
    (i) Incorporation by reference.
    (A) Amendments to North Carolina regulations 15A NCAC 2D .0518, 
2D.0531, 2D.0532, 2D.0901, and 2D.0936, effective on December 1, 1993.
    (B) Amendments to North Carolina regulations 15A NCAC 2D.0902, 
2D.0907, 2D.0910, 2D.0911, 2D.0947, 2D.0948, 2D.0949, 2D.0950, 2D.0951, 
and 2D.0952 effective on July 1, 1994.
    (ii) Other material. None.
    (78) Miscellaneous revisions to the North Carolina State 
Implementation Plan which were submitted on May 15, 1991.
    (i) Incorporation by reference. (A) Amendments to North Carolina 
regulations 15A NCAC 2D.0103, 2D.0503, 2D.0530, 2D.0536, 2H.0601, and 
2H.0607, of the North Carolina State Implementation Plan submitted on 
May 15, 1991, which were state effective on August 1, 1991.
    (ii) Other material. None
    (79) The North Carolina Department of Environment, Health and 
Natural Resources has submitted revisions to the North Carolina SIP on 
July 19, 1993. These revisions address the requirements of section 507 
of title V of the CAA and establish the Small Business Stationary Source 
Technical and Environmental Assistance Program (PROGRAM).
    (i) Incorporation by reference.

[[Page 720]]

    (A) North Carolina's Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program which was adopted on May 12, 
1994.
    (ii) Other material. None.
    (80) Modifications to the existing basic I/M program in North 
Carolina submitted on July 19, 1993, January 17, 1992, and September 24, 
1992. Addition of regulations .1001 through .1005 establishes the I/M 
program.
    (i) Incorporation by reference.
    (A) Regulation .1001 and .1003, effective on December 1, 1982.
    (B) Regulation .1002 effective on July 1, 1994.
    (C) Regulation .1004 effective on July 1, 1993.
    (D) Regulation .1005 effective on April 1, 1991.
    (E) Specification for the North Carolina Analyzer System adopted 
December 12, 1991.
    (ii) Other material. None.
    (81) The VOC revision to the North Carolina State Implementation 
Plan which were submitted on October 14, 1994.
    (i) Incorporation by reference. Addition of new North Carolina 
regulations 15A NCAC 2D .0518 which was state effective on September 1, 
1994.
    (ii) Other material. None.
    (82) The redesignation and maintenance plan for Raleigh/Durham and 
Charlotte submitted by the North Carolina Department of Environmental 
Management on October 7, 1994 and August 9, 1991, as part of the North 
Carolina SIP. The emission inventory projections are included in the 
maintenance plans.
    (i) Incorporation by reference. Section 3 of the Redesignation 
Demonstration and Maintenance Plan for Raleigh/Durham, Winston-Salem, 
and Charlotte Carbon Monoxide Nonattainment Area adopted on September 8, 
1994.
    (ii) Other material. None.
    (83) The maintenance plan and redesignation request for the 
Charlotte-Gastonia area which include Mecklenburg and Gaston Counties 
submitted by the State of North Carolina on November 12, 1993.
    (i) Incorporation by reference.
    (A) The following subsections of Section 3.0, entitled Maintenance 
Plan, in the Supplement To The Redesignation Demonstration and 
Maintenance Plan for the Charlotte/Gaston Ozone Nonattainment Area 
adopted by the North Carolina Environmental Management Commission on May 
11, 1995: 3.1 Concept of North Carolina's Maintenance Plan; 3.2 
Foundation Control Program; Table 3.2 of Subsection 3.3; and 3.4 
Contingency Plan.
    (ii) Other material. None.
    (84) The VOC RACT regulations, NSR regulations, and other 
miscellaneous revisions to the North Carolina State Implementation Plan 
which were submitted on August 15, 1994.
    (i) Incorporation by reference.
    (A) Addition of new North Carolina regulations 15A NCAC 2D .0805 and 
.0806 and 15A NCAC 2Q .0101 through .0111, and .0601 through .0607. 
effective on July 1, 1994.
    (B) Amendments to North Carolina regulations 15A NCAC 2D .0101, 
.0501, .0503, .0530, .0531, .0532, .0533, .0601, .0801, .0802, .0803, 
and .0804 effective on July 1, 1994.
    (ii) Other material. None.
    (85) The VOC revisions to the North Carolina State Implementation 
Plan which were submitted on March 3, 1995, and on May 24, 1995.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2D .0955, .0956, and .0957 effective on 
April 1, 1995.
    (B) Regulations 15A NCAC 2D .0950, and .0104 effective on May 1, 
1995.
    (ii) Other material. None.
    (86) The PM-10 rules, Stack Testing Methods and other miscellaneous 
revisions to the North Carolina State Implementation Plan which were 
submitted on March 23, 1995.
    (i) Incorporation by reference. Addition of new North Carolina rules 
15A NCAC 2D .0501, .0516, and .0530 which were state effective on 
February 1, 1995.
    (ii) Other material. None.
    (87) Recodifications to the Forsyth County Air Quality Control 
Ordinance and Technical Code and other miscellaneous revisions to the 
North Carolina State Implementation Plan which were submitted on March 
7, 1995.
    (i) Incorporation by reference.
    Forsyth County Air Quality Control Ordinance and Technical Code 
effective on December 19, 1994. Subchapter 3A,

[[Page 721]]

Air Quality Control; Subchapter 3B, Relationship to State Code; 
Subchapter 3D, Air Pollution Control Requirements; Subchapter 3H, 
Section .0600 Air Quality Permits; and Subchapter 3Q, Air Quality 
Permits.
    (ii) Other material. None.
    (88) The VOC RACT regulations, NSR regulations, and other 
miscellaneous revisions to the North Carolina State Implementation Plan 
which were submitted on August 15, 1994. The Stage II regulations and 
other miscellaneous revisions to the North Carolina State Implementation 
Plan which were submitted on May 24, 1995.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2D .0531, .0909, .0928, .0932, .0933, and 
.0953 effective on July 1, 1994.
    (B) Regulations 15A NCAC 2D .0902, .0907, .0910, .0911, .0952, and 
.0954 effective on May 1, 1995.
    (ii) Other material. None.
    (89)  [Reserved]
    (90) The VOC regulations and other miscellaneous revisions to the 
Forsyth County Local Implementation Plan which were submitted on 
December 28, 1995, and November 29, 1995.
    (i) Incorporation by reference.
    (A) Amendments to Forsyth County regulations Subchapter 3D .0104(a), 
.0531 (e)-(k), .0902 (a)-(h), .0907 (a)-(c), .0909 (a, c, d, e, and g), 
.0910 (a)-(d), .0911, .0950 (a and b), .0952 (a)-(c) and .0954 (f, h, k) 
adopted into the Air Quality Control Technical Code on November 13, 
1995.
    (B) Amendments to Forsyth County regulations Subchapter 3D .0501 
(a)-(h), .0516 (a and b), .0518 (a)-(g), and .0530 (a)-(s), adopted into 
the Air Quality Control Technical Code on August 14, 1995.
    (C) Subchapter 3D .0955, .0956, and .0957 adopted into the Air 
Quality Control Technical Code on August 14, 1995.
    (ii) Other material. None.

[37 FR 10884, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1770, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Note:  At 61 FR 25790, May 23, 1996, Sec. 52.1770, 
was amended by adding paragraph (c)(90), effective July 22, 1996.



Sec. 52.1771   Classification of regions.

    The North Carolina 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)
----------------------------------------------------------------------------------------------------------------
Western Mountain Intrastate..........................           I        III       III       III           III  
Eastern Mountain Intrastate..........................           I        III       III       III           III  
Metropolitan Charlotte Interstate....................           I         II       III       III             I  
Northern Piedmont Intrastate.........................           I        III       III       III           III  
Eastern Piedmont Intrastate..........................           I        III       III       III           III  
Northern Coastal Intrastate..........................           I        III       III       III           III  
Southern Coastal Intrastate..........................          II        III       III       III           III  
Sandhills Intrastate.................................          II        III       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10884, May 31, 1972]



Sec. 52.1772  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves North Carolina's plans for the attainment and maintenance of 
the national standards under section 110 of the Clean Air Act. 
Furthermore, the Administrator finds the plans satisfy all requirements 
of Part D, Title I of the Clean Air Act as amended in 1977, except as 
noted below. In addition, continued satisfaction of the requirements of 
Part D for the ozone portion of the SIP depends on the adoption and 
submittal of RACT requirements by July 1, 1980 for the sources covered 
by CTGs issued between January 1978 and January 1979 and adoption and 
submittal by each subsequent January of additional RACT requirements for 
sources covered

[[Page 722]]

by CTGs issued by the previous January.
    (b) New Source review permits issued pursuant to section 173 of the 
Clean Air Act will not be deemed valid by EPA unless the provisions of 
Section V of the Emission Offset (Interpretative Rule) published on 
January 16, 1979 (44 FR 3274) are met.

[45 FR 26043, Apr. 17, 1980]
Secs. 52.1773--52.1774  [Reserved]



Sec. 52.1775  Rules and regulations.

    Paragraph (g) of regulation 2D.0535 is disapproved because its 
automatic exemption for excess emissions during startup and shutdown is 
inconsistent with the Clean Air Act.

[51 FR 32075, Sept. 9, 1986]
Sec. 52.1776--52.1777  [Reserved]



Sec. 52.1778  Significant deterioration of air quality.

    (a)-(b)  [Reserved]
    (c) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located or to be located in the 
State of North Carolina shall be submitted to the North Carolina 
Environmental Management Commission, Department of Natural and Economic 
Resources, Division of Environmental Management, P.O. Box 27687, 
Raleigh, NC 27611. Attention: Air Quality Section, instead of the EPA 
Region IV office.

[43 FR 26410, June 19, 1978, as amended at 47 FR 7837, Feb. 23, 1982]
Sec. 52.1779  [Reserved]



Sec. 52.1780  VOC rule deficiency correction.

    The revisions submitted to EPA for approval on September 21, 1989, 
January 14, 1991, April 29, 1991, August 13, 1991, and July 19, 1993, 
were intended to correct deficiencies cited in a letter calling for the 
State to revise its SIP for O3 from Greer C. Tidwell, EPA Regional 
Administrator to Governor James C. Martin on May 25, 1988, and clarified 
in a letter from Winston A. Smith, EPA Region IV Air Division Director 
to the Chief of the Air Quality Section, North Carolina Division of 
Environmental Management. The deficiency in the following aspect of the 
rule has not been corrected.
    (a) Procedures used to determine capture control device efficiency 
should be contained in 2D.0914. This deficiency must be corrected as 
soon as EPA issues final guidance on Capture Efficiency regulations.
    (b) [Reserved]

[59 FR 32365, June 23, 1994]



Sec. 52.1781  Control strategy: Sulfur oxides and particulate matter.

    (a) The plan's control strategy for particulate matter as outlined 
in the three-year variance for the coal-fired units of Duke Power 
Company and Carolina Power & Light Company from the particulate emission 
limits of Regulation 15 N.C.A.C. 2D.0503, with submittals on June 18, 
September 7, October 31, and December 14, 1979, by the North Carolina 
Department of Natural Resources and Community Development, is 
disapproved only insofar that it provides an exemption for excess 
emissions during periods of startup, shutdown, and verified malfunction. 
(See Sec. 52.1770(c)(22).)
    (b) The plan's control strategy for particulate matter as contained 
in regulation 15 NCAC 2D.0536, which was submitted on January 24 and 
February 21, 1983, and on December 17, 1985, and became effective on 
August 1, 1987, is disapproved insofar as it provides annual opacity 
limits for the seven plants of Duke Power Company and for Plants Roxboro 
and Cape Fear of Carolina Power and Light Company.
    (c) The plan's control strategy for particulate matter as contained 
in revisions to 15 NCAC 2D.0536 submitted on January 24, 1983, February 
21, 1983, and December 17, 1985, is disapproved as it applies to the 
Carolina Power and Light Asheville, Lee, Sutton and Weatherspoon Plants. 
These plants will continue to be subject to the particulate limits of 15 
NCAC 2D.0503, contained in the original SIP, submitted to EPA on January 
27, 1972, and approved on May 31, 1982 at 47 FR 10884.
    (d) In letters dated February 4, 1987, and June 15, 1987, the North 
Carolina Department of Natural Resources and Community Development 
certified that no emission limits in the State's plan

[[Page 723]]

are based on dispersion techniques not permitted by EPA's stack height 
rules.

[45 FR 55425, Aug. 20, 1980, as amended at 53 FR 11071, Apr. 5, 1988; 53 
FR 22488, June 16, 1988; 54 FR 9434, Mar. 7, 1989; 54 FR 13185, Mar. 31, 
1989]



                        Subpart JJ--North Dakota



Sec. 52.1820   Identification of plan.

    (a) Title of plan: ``Implementation Plan for the Control of Air 
Pollution for the State of North Dakota.''
    (b) The plan was officially submitted on January 24, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Air quality maintenance area designation submitted June 26, 
1974, by the Governor.
    (2) Compliance schedules submitted on June 14, 1973, by the 
Governor.
    (3) Provision for public notice and comment on new source reviews 
and a revised compliance schedule submitted on February 19, 1974, by the 
Governor.
    (4) Clarification concerning the revision of the secondary 
particulate standard attainment date submitted on November 21, 1974, by 
the Governor.
    (5) Explanation of why sources could not comply by the original 
attainment date submitted April 23, 1975, by the State Department of 
Health.
    (6) Revisions to the North Dakota Century Code making emission data 
public information and revising penalties, revised new source 
performance standards, emission standards for hazardous air pollutants, 
and prevention of significant air quality deterioration regulations 
submitted on May 26, 1976, by the Governor.
    (7) Supplemental information stating that the complete new source 
application would be available for public review submitted August 23, 
1976 by the State Department of Health.
    (8) A revised compliance schedule for the Basin Electric Power Plant 
at Velva submitted on December 22, 1976, by the Governor.
    (9) Requirements for continuous opacity monitoring by 7 sources 
submitted on May 26, 1977, by the Governor.
    (10) Provisions to meet the requirements of Part C, Title I, and 
section 110 of the Clean Air Act, as amended in 1977, were submitted on 
July 17, 1978.
    (11) On January 25, 1980, the Governor submitted a plan revision to 
meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart 
C, Sec. 58.20, and Public Notification required under section 127 of the 
Clean Air Act.
    (12) A revision requiring flares to meet 20% opacity and have 
automatic ignitors or pilots, increasing construction permit fees to 
$75.00 and establishing annual permit to operate fees was submitted on 
May 6, 1982 by the Governor.
    (13) [Reserved]
    (14) Revisions to the Prevention of Significant Deterioration 
requirements in Chapter 33-15-15 of the North Dakota regulations were 
submitted on October 28, 1982 by the Governor, with supplemental 
information submitted on July 5, 1983, March 8, 1984 and June 20, 1984, 
by the State Agency.
    (15) A revision to the SIP was submitted by the Governor on January 
26, 1988, for visibility monitoring and New Source Review.
    (i) Incorporation by reference.
    (A) In a letter dated January 26, 1988, Governor George A. Sinner 
submitted a SIP revision for visibility protection.
    (B) The SIP revision for visibility protection, ``Chapter 6, Air 
Quality Surveillance, Section 6.10, Visibility Monitoring'' and 
``Chapter 33-15-19, Visibility Protection'', became effective on October 
1, 1987, through action by the North Dakota Legislative Council.
    (16) On January 26, 1988, the Governor submitted a plan adding Stack 
Height Regulations, Chapter 33-15-18.
    (i) Incorporation by reference.
    (A) Addition to North Dakota Air Pollution Control Rules Chapter 33-
15-18, Stack Heights, was adopted on July 21, 1987 and effective on 
October 1, 1987.
    (17) In a letter dated April 18, 1986, the Director of the Division 
of Environmental Engineering, North Dakota Department of Health, 
submitted the stack height demonstration analysis with supplemental 
information submitted on July 21, 1987. EPA is approving the 
demonstration analysis for all of the stacks.
    (i) Incorporation by reference. (A) Stack height demonstration 
analysis

[[Page 724]]

submitted by the State on April 18, 1986 and July 21, 1987.
    (18) On January 26, 1988, the Governor of North Dakota submitted 
revisions to the plan. The revisions established new regulations and 
revised existing regulations and procedures.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules of the State of 
North Dakota Chapters 33-15-01, 33-15-02, 33-15-03, 33-15-04, 33-15-05, 
33-15-07, 33-15-10, 33-15-11, 33-15-14, and 33-15-15, inclusive, and the 
addition of a new chapter 33-15-20 which were effective on October 1, 
1987.
    (19) On April 18, 1989, the Governor of North Dakota submitted 
revisions to the plan. The revisions included updates to existing 
regulations and the Group III PM10 plan.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules of the State of 
North Dakota Chapters, 33-15-01, 33-15-02, 33-15-4, 33-15-07, 33-15-10, 
33-15-11, 33-15-14, and 33-15-15, inclusive, which were effective on 
January 1, 1989.
    (ii) Additional material.
    (A) August 22, 1989 letter from Dana K. Mount, Director of the 
Division of Environmental Engineering, to Doug Skie, EPA.
    (B) August 28, 1989 letter from Dana K. Mount, Director of the 
Division of Environmental Engineering, to Laurie Ostrand, EPA.
    (C) September 5, 1989 letter from Terry O'Clair, Assistant Director 
of the Division of Environmental Engineering, to Laurie Ostrand, EPA.
    (20) On June 26, 1990, the Governor of North Dakota 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 and to make 
several ``housekeeping'' modifications.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Administrative Code, Chapter 33-
15-15, Prevention of Significant Deterioration of Air Quality, effective 
June 1, 1990.
    (ii) Additional material.
    (A) October 22, 1990, letter from Douglas Skie, EPA, to Dana Mount, 
Director, Division of Environmental Engineering, North Dakota State 
Department of Health and Consolidated Laboratories.
    (B) November 6, 1990 letter from Dana Mount, Director, Division of 
Environmental Engineering, North Dakota State Department of Health and 
Consolidated Laboratories, to Douglas Skie, EPA.
    (21) On June 26, 1990, the Governor of North Dakota submitted 
revisions to the plan for new source performance standards.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules of the State of 
North Dakota Chapter 33-15-12 which was effective on June 1, 1990.
    (ii) Additional material.
    (A) January 7, 1991, letter from James J. Scherer, EPA, to George A. 
Sinner, Governor, State of North Dakota, on the authority for 
implementation and enforcement of the New Source Performance Standards 
(NSPS) for 40 CFR part 60, subpart QQQ.
    (22) On June 26, 1990, the Governor of North Dakota submitted 
revisions to the plan. The revisions include amendments to the hydrogen 
sulfide standard and the format of other ambient standards, and various 
other minor changes.
    (i) Incorporation by reference. (A) Revisions to the North Dakota 
Administrative Code: General Provisions 33-15-01-04.30, 33-15-01-07.2, 
33-15-01-08, 33-15-01-15.2, 33-15-01-17; Ambient Air Quality Standards 
33-15-02 Table 1 standards for sulfur dioxide, hydrogen sulfide, carbon 
monoxide, ozone, and nitrogen dioxide; Emissions of Particulate Matter 
Restricted 33-15-05-02.2e, Table 4; Control of Pesticides 33-15-10-02.5; 
Designated Air Contaminant Sources, Permit to Construct, Permit to 
Operate 33-15-14-02.4.a and b, 33-15-14-02.5.a, 33-15-14-05.1.b(3); 
Control of Emissions from Oil and Gas Well Production Facilities 33-15-
20-01.1, 33-15-20-01.2.l and m, 33-15-20-02.1, 33-15-20-03.1, 2, and 3, 
33-15-20-04; effective June 1, 1990.
    (ii) Additional material. Letter dated February 14, 1992, from Dana 
K. Mount, Director, Division of Environmental Engineering, to Douglas M. 
Skie, EPA. This letter provided the State's commitment to meet all 
requirements of the EPA ``Guideline on Air Quality

[[Page 725]]

Models (Revised)'' for air quality modeling demonstrations associated 
with the permitting of new PSD sources, PSD major modifications, and 
sources to be located in nonattainment areas.
    (23) On June 30, 1992, the Governor of North Dakota submitted 
revisions to the plan for new source performance standards and national 
emission standards for hazardous air pollutants.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules, Chapter 33-15-12, 
Standards of Performance for New Stationary Sources, and Chapter 33-15-
13, excluding Section 33-15-13-02, Emission Standards for Hazardous Air 
Pollutants, effective June 1, 1992.
    (24) On June 24, 1992, the governor of North Dakota submitted 
revisions to the plan. The revisions correct enforceability deficiencies 
in the SO2 regulations.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Administrative Codes, Chapter 33-
15-06, Emissions of Sulfur Compounds Restricted, which became effective 
June 1, 1992.
    (25)  [Reserved]
    (26) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with 
letters dated June 26, 1990, June 30, 1992, and April 29, 1994. The 
revisions address air pollution control rules regarding general 
provisions; emissions of particulate matter and organic compounds; new 
source performance standards (NSPS); national emission standards for 
hazardous air pollutants (NESHAPs); federally enforceable State 
operating permits (FESOPs); prevention of significant deterioration of 
air quality; and control of emissions from oil and gas well production 
facilities.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules as follows: 
Emissions of Particulate Matter Restricted 33-15-05-02, 33-15-05-03, and 
33-15-05-04; Control of Organic Compound Emissions 33-15-07; Prevention 
of Significant Deterioration of Air Quality 33-15-15-01; and Control of 
Emissions from Oil and Gas Well Production Facilities 33-15-20-01, 33-
15-20-02, and 33-15-20-03, effective June 1, 1992.
    (B) Revisions to the Air Pollution Control Rules as follows: General 
Provisions 33-15-01-04 and 33-15-01-13; Standards of Performance for New 
Stationary Sources 33-15-12; and Emission Standards for Hazardous Air 
Pollutants 33-15-13, effective June 1, 1992 and March 1, 1994.
    (C) Revisions to the Air Pollution Control Rules as follows: 
Designated Air Contaminant Sources, Permit to Construct, Minor Source 
Permit to Operate, Title V Permit to Operate, 33-15-14-01 through 33-15-
14-05, effective March 1, 1994.
    (27) On April 29, 1994, the Governor of North Dakota submitted 
revisions to the prevention of significant deterioration regulations in 
chapter 33-15-15 of the North Dakota Air Pollution Control Rules to 
incorporate changes in the Federal PSD permitting regulations for 
utility pollution control projects, PM-10 increments, and municipal 
waste combustors.
    (i) Incorporation by reference.
    (A) Revisions to Chapter 33-15-15 of the North Dakota Air Pollution 
Control Rules, Section 33-15-15-01, Subsections 1.a.(3) and (4), 1.c, 
1.e.(4), 1.h, 1.i, 1.m, 1.x.(2)(h)-(k), 1.aa.(2)(c), 1.bb, 1.dd, 1.ee, 
1.ff, 1.hh, 2.b, 4.d.(3)(a), and 4.j.(4)(b), effective 3/1/94.

[37 FR 10885, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1820, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.1821   Classification of regions.

    The North Dakota 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)
----------------------------------------------------------------------------------------------------------------
Metropolitan Fargo-Moorhead Interstate...............          II        III       III       III           III  

[[Page 726]]

                                                                                                                
North Dakota Intrastate..............................          II        III       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10885, May 31, 1972]



Sec. 52.1822   Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves the North Dakota plan for the attainment and maintenance of the 
national standards.

[39 FR 7283, Feb. 25, 1974]
Sec. 52.1823  [Reserved]



Sec. 52.1824   Review of new sources and modifications.

    (a)-(b)  [Reserved]
    (c) The State of North Dakota has clarified the language contained 
in the North Dakota Administrative Code on the use of the EPA 
``Guideline on Air Quality Models'' as supplemented by the ``North 
Dakota Guideline for Air Quality Modeling Analysis''.In a letter to 
Douglas M. Skie, EPA, dated February 14, 1992, Dana K. Mount, Director 
of the Division of Environmental Engineering, stated:

    To clarify this issue, the State of North Dakota will commit to 
meeting all requirements of the EPA Guideline for air quality modeling 
demonstrations associated with the permitting of new PSD sources, PSD 
major modifications, and sources which will be located in nonattainment 
areas. If any conflict exists, the EPA Guideline will take precedence 
for these source categories.

[39 FR 7283, Feb. 25, 1974, as amended at 51 FR 40677, Nov. 7, 1986; 57 
FR 28620, June 26, 1992; 61 FR 16062, Apr. 11, 1996]
Secs. 52.1825--52.1828  [Reserved]



Sec. 52.1829  Prevention of significant deterioration of air quality.

    (a) The North Dakota plan, as submitted, is approved as meeting the 
requirements of Part C, Title I, of the Clean Air Act, except that it 
does not apply to sources proposing to construct on Indian Reservations.
    (b) Regulation for preventing of significant deterioration of air 
quality. The provisions of Sec. 52.21 (b) through (v) are hereby 
incorporated by reference and made a part of the North Dakota State 
Implementation Plan and are applicable to proposed major stationary 
sources or major modifications to be located on Indian Reservations.

[44 FR 63103, Nov. 2, 1979. Correctly designated at 44 FR 75635, Dec. 
21, 1979]



Sec. 52.1831  Visibility protection.

    A revision to the SIP was submitted by the Governor on April 18, 
1989, for visibility general plan requirements and long-term strategies.

[54 FR 41098, Oct. 5, 1989]




Sec. 52.1832  Stack height regulations.

    The State of North Dakota has committed to revise its stack height 
regulations should EPA complete rulemaking to respond to the decision in 
NRDC v. Thomas, 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas 
M. Skie, EPA, dated May 11, 1988, Dana K. Mount, Director, Division of 
Environmental Engineering stated:

    * * * We are submitting this letter to allow EPA to continue to 
process our current SIP submittal with the understanding that if EPA's 
response to the NRDC remand modified the July 8, 1985, regulations, EPA 
will notify the State of the rules that must be changed to comply with 
EPA's modified requirements. The State of North Dakota agrees to make 
the appropriate changes to its stack height rules.

[53 FR 45764, Nov. 14, 1988]



Sec. 52.1833  Small business assistance program.

    The Governor of North Dakota submitted on November 2, 1992, a plan 
to develop and implement a Small Business Assistance Program to meet the 
requirements of section 507 of the Clean Air Act by November 15, 1994. 
The plan commits to provide technical

[[Page 727]]

and compliance assistance to small businesses, hire an Ombudsman to 
serve as an independent advocate for small businesses, and establish a 
Compliance Advisory Panel to advise the program and report to EPA on the 
program's effectiveness.

[59 FR 1486, Jan. 11, 1994]



Sec. 52.1834  Minor source permit to operate program.

    Emission limitations and related provisions, which, in accordance 
with Rule 33-15-14-03, are established as federally enforceable 
conditions in North Dakota minor source operating permits, shall be 
enforceable by EPA. EPA reserves the right to deem permit conditions not 
federally enforceable. Such a determination will be made according to 
appropriate procedures and will be based upon the permit, permit 
approval procedures, or permit requirements which do not conform with 
the operating permit program requirements of EPA's underlying 
regulations.

[60 FR 43401, Aug. 21, 1995]



                            Subpart KK--Ohio



Sec. 52.1870  Identification of plan.

    (a) Title of plan: ``Implementation Plan for the Control of 
Suspended Particulates, Sulfur Dioxide, Carbon Monoxide, Hydrocarbons, 
Nitrogen Dioxide, and Photochemical Oxidants in the State of Ohio.''
    (b) The plan was officially submitted on January 31, 1972.
    (c) The revisions listed below were submitted on the dates 
specified.
    (1) Request for extensions and a revision of monitoring network was 
submitted on March 20, 1972, by the Ohio Air Pollution Control Board.
    (2) State provisions for making emissions data available to the 
public was outlined in a letter of May 8, 1972, by the Ohio Department 
of Health.
    (3) On May 9, 1972, the State provided assurance that action is 
being taken in the Assembly to secure authority for controlling auto 
emissions.
    (4) Amendments to air pollution regulations AP-3-11, 12, 13, 14, and 
AP-9-04 were forwarded on July 7, 1972, by the Governor.
    (5) Revisions to AP-2-01, 02, 04, 05; AP-3-01, 08, 09, 13; AP-9-01, 
02, 03 were submitted on August 4, 1972 by the Governor.
    (6) New regulations AP-13-01 and 13-02 were submitted on October 12, 
1972 by the Governor.
    (7) Letter from the Director of the Ohio EPA was submitted on June 
6, 1973, indicating that portions of AP-3-11, and AP-3-12 are for 
informational purposes only.
    (8) The Governor of Ohio submitted on July 2, 1973, the 
``Implementation Plan to Achieve Ambient Air Quality Standard for 
Photochemical Oxidant in the Cincinnati Air Quality Control Region'' and 
the ``Implementation Plan to Achieve Ambient Air Quality Standard for 
Photochemical Oxidant in the Toledo Air Quality Control Region.''
    (9) The Governor of Ohio submitted on July 24, 1973, the 
``Implementation Plan to Achieve Ambient Air Quality Standards for 
Photochemical Oxidants--Dayton Air Quality Control Region.''
    (10) On January 25, 1974, Ohio submitted a secondary particulate 
plan for three AQCR's in Ohio.
    (11) On July 16, 1975, Ohio submitted regulations revising the 
attainment dates for particulate matter, nitrogen oxides, carbon 
monoxide, hydrocarbons and photochemical oxidants.
    (12) The Governor of Ohio submitted on May 30, 1974 and August 10, 
1976, revisions to the Ohio Implementation for the control of open 
burning.
    (13) Consent and Abatement Order regarding Columbus and Southern 
Ohio Electric Company's Picway Units 3 and 4, submitted by Governor on 
October 17, 1975, supplemented on November 17, 1976 and June 1, 1977.
    (14) On July 27, 1979 the State submitted its nonattainment area 
plan for specific areas designated as nonattainment for ozone and carbon 
monoxide in the March 3, 1978 and October 5, 1978 Federal Registers (43 
FR 8962 and 43 FR 45993). The submittal contained Ohio's Part D 
nonattainment plans for the following ozone and carbon monoxide urban 
nonattainment areas: Akron, Canton, Cincinnati, Cleveland, Columbus, 
Dayton, Steubenville and

[[Page 728]]

Toledo. The submittal contained transportation control plans and 
demonstrations of attainment (for carbon monoxide and/or ozone) for each 
of the above mentioned urban nonattainment areas. Regulations for the 
control of volatile organic compound emissions were not included with 
this submittal but were submitted separately on September 13, 1979.
    (15) On September 13, 1979, the State submitted regulations for the 
control of volatile organic compound and carbon monoxide emissions from 
stationary sources.
    (16) On December 28, 1979, the State amended the attainment 
demonstration submitted on July 27, 1979 for the Cleveland Urban area. 
On November 24, 1980 and July 21, 1981, the State submitted additional 
information on the transportation control plans for the Cleveland Urban 
area.
    (17) On January 8, 1980, the State amended the carbon monoxide 
attainment demonstration submitted on July 27, 1979 for the Steubenville 
urban area.
    (18) On January 15, 1980, the State amended the attainment 
demonstrations submitted on July 27, 1979 for the urban areas of 
Cincinnati, Toledo and Dayton.
    (19) On April 7, 1980 the State of Ohio committed to correct the 
deficiencies presented in the March 10, 1980 Notice of Proposed 
Rulemaking.
    (20) On April 15, 24, 28, May 27, July 23 and August 6, 1980 the 
State submitted comments on, technical support for, and commitments to 
correct the deficiencies cited in the March 10, 1980 Notice of Proposed 
Rulemaking. In addition to this the May 27, 1980 letter also contained a 
commitment by the State to adopt and submit to USEPA by each subsequent 
January, reasonable available control technology requirements for 
sources covered by the control techniques guidelines published by USEPA 
the preceding January.
    (21) On December 28, 1979 the State of Ohio submitted its Part D 
carbon monoxide and ozone nonattainment area plan for the Youngstown 
urban area. The submittal contained transportation control plans and 
demonstrations of attainment (for carbon monoxide and/or ozone). On 
February 12, 1980 the State amended the ozone attainment demonstration 
submitted on December 28, 1979.
    (22) On June 12, 1980 and August 6, 1980, the State submitted 
technical support and commitments to correct the deficiencies cited in 
the May 16, 1980 Notice of Proposed Rulemaking. On November 20, 1980 and 
July 21, 1981, the State submitted additional information on implementor 
commitments for the Youngstown Urban area.
    (23) On May 8, 1979, Ohio submitted revisions to regulations 3745-
25-01 through 3745-25-04 (previously codified as AP-11-01 through AP-11-
04) containing emergency episode procedures.
    (24) On July 25, 1980 the State of Ohio submitted its Part D 
revision to the New Source Review portion of the State Implementation 
Plan. On September 25, 1980 the State submitted a response to the August 
26, 1980 Federal Register notice of proposed rulemaking. The response 
contained information which corrects certain deficiencies and commits to 
correct by a specified date other deficiencies.
    (25) The following information was submitted to USEPA regarding the 
Ohio Sulfur Dioxide Standards
    (i) On February 12, 1980 the Director of the Ohio EPA submitted the 
Ohio Administrative Code (OAC) Rules 3745-18-01 to 3745-18-94, Sulfur 
Dioxide Standards adopted on November 14, 1979 effective December 28, 
1979.
    (ii) Ohio EPA sent technical support for the Ohio Sulfur Dioxide 
Standards on September 12, 1979, October 23, 1979, May 16, 1980, March 
27, 1981, May 5, 1981, July 15, 1981 and September 24, 1981.
    (iii) The following regulations were withdrawn by the Governor of 
Ohio on May 16, 1980; OAC Rules 3745-18-08(H), 3745-18-15(B), 3745-18-
53(E), 3745-18-63(K), 3745-18-77(B) and 3745-18-90(C). These rules are 
applicable to the following plants:

    Cairo Chemical Corporation in Allen County, Crystal Tissue Company 
in Butler County, U.S. Steel Corporation, Lorain--Cuyahoga Works in 
Lorain County, Bergstrom Paper Company in Montgomery County, Mead 
Corporation in Ross County and Shell Chemical Company in Washington, 
County.

    (iv) The following regulations were withdrawn by the Governor of 
Ohio on December 19, 1980 only as it applies to

[[Page 729]]

the B.F. Goodrich Company, Avon Lake Chemical Plant in Lorain County; 
OAC 3745-18-53(A). These regulations are still applicable to other 
facilities in Lorain County.
    (v) The following regulations were withdrawn by the Governor of Ohio 
on February 13, 1981; OAC Rules 3745-18-49(J) which is applicable to the 
Ohio Rubber Company in Lake County and 3745-18-80(D) which is applicable 
to the Union Carbide Corporation in Seneca County.
    (vi) The Governor of Ohio submitted a revised OAC Rule 3745-18-80(D) 
which is applicable to the Union Carbide Corporation in Seneca County on 
April 30, 1981.
    (26) On February 8, 1980, the State of Ohio submitted a revision to 
provide for modification of the existing air quality surveillance 
network.
    (27) On February 18, and March 13, 1981, the Governor of Ohio 
submitted Rule 08 of Chapter 3745-17 of the Ohio Administrative Code for 
Middletown and the operating permits for the fugitive sources located at 
ARMCO's Middletown Works Plant.
    (28) On October 21 and November 21, 1980 the State submitted 
comments on, technical support for, and commitments to correct the 
deficiencies cited in the March 10, 1980 Notice of Proposed Rulemaking.
    (29) On September 17, 1980 the State of Ohio submitted a vehicle 
inspection and maintenance (I/M) program developed for the urbanized 
area of Cleveland and the Ohio portion of the Cincinnati metropolitan 
area. On December 5, 1980 the State submitted comments on, and 
commitments for correcting, the deficiencies cited in the November 7, 
1980 Supplemental Notice of Proposed Rulemaking.
    (30) On February 18, 1981, the State of Ohio committed itself to 
submit by December 31, 1981, the corrective materials for the 
Middletown, Ohio total suspended particulate plan.
    (31) On March 27, 1981 and March 10, 1982 the State of Ohio 
submitted revisions to the total suspended particulate (TSP) portion of 
its State Implementation Plan (SIP). These revisions are in the form of 
an alternative emissions reduction plan (bubble) for the General Motors 
(GM) Central Foundry located in Defiance County, Ohio. Incorporated into 
Ohio's SIP are the emission limitations, interim and final compliance 
milestones, control equipment requirements and testing procedures 
specified in the variances and permits submitted for the GM bubble.
    (32) On July 27, 1979, the State of Ohio submitted materials to 
satisfy the general requirements of the Clean Air Act under sections 
110(a)(2)(K); 126, 127, and 128. On January 30, 1981, the State of Ohio 
also submitted an amended substitute Senate Bill 258, which was enacted 
into law on December 19, 1980, amending Ohio Revised Code 3704.
    (33) Revision to plan allowing Standard Oil Company of Ohio Toledo 
refinery variances from State Regulations 3745-21-09(M) (1) and (2) 
submitted April 10, 1981 by the State.
    (34) Revision to plan allowing Standard Oil Company of Ohio Lima 
refinery variance from State Regulation 3745-21-09(M)(2) submitted April 
10, 1981 by the State.
    (35) On August 27, 1981, the State of Ohio submitted a variance for 
the Pipeline Working Tank at the ARCO Pipeline Refinery in Summit 
County, Ohio.
    (36)-(37)  [Reserved]
    (38) The Governor of Ohio on June 15, 1981 submitted a revision to 
the ozone portion of the Ohio State Implementation Plan. This revision 
is for six coating lines located at the Speciality Materials Division of 
Fasson-Avery located in Lake County, Ohio.
    (39) On August 27, 1981, the State of Ohio submitted a variance for 
the Pipeline Working Tank at the ARCO Pipeline Refinery in Lucas County, 
Ohio.
    (40) On February 12, 1981, the State of Ohio submitted its Lead SIP 
Plan which contains a discussion of ambient monitoring results, an 
attainment demonstration and stationary and mobile source controls for 
lead.
    (41) On April 10, 1981, the Governor of Ohio submitted revised 
requirements for Republic Steel Corporation's Youngstown Sinter Plant.
    (42) On February 25, 1980, the State of Ohio submitted the revised 
Ohio Administrative Code (OAC) Rules 3745-35-01 through 3745-35-04 which 
set forth requirements for air permits to operate

[[Page 730]]

and variances. These rules were adopted on September 28, 1979 and became 
effective in Ohio on November 7, 1979.
    (43) On February 12, 1981, the State of Ohio submitted adopted 
amended Ohio Administrative Code (OAC) Rules 3745-21-01, 04, 09 and 10, 
Emission Standards and Technology Requirements for Certain Sources of 
Volatile Organic Compounds Emissions. The following portions of these 
rules were withdrawn by the State of Ohio on March 27, 1981; OAC Rules 
3745-21-04(C)(19)(a) and 3745-21-09(R)(3)(a). On January 8, 1982, the 
State of Ohio submitted additional materials pertaining to OAC Rules 
3745-21-09 (H), (U) and (X).
    (44) On April 16, 1981, the Ohio EPA submitted a variance which 
would extend for Presto Adhesive Paper Company in Montgomery County, 
Ohio the deadline for complying with applicable Ohio VOC emission 
limitations from April 1, 1982 to April 1, 1983 for water-based adhesive 
paper coatings and to April 1, 1984 for water-based silicone paper 
coatings.
    (45) On Feburary 25, 1980, the State submitted revisions to rules 01 
through 06, 08 and 09 of Chapter 15 of the Ohio Administrative Code. 
These rules establish general provisions for the control of air 
pollution and were previously codified and approved as AP-2-01 through 
06, 08 and 09. Rules 01 through 04, 06, 08 and 09 are approved as 
revisions to the Ohio SIP and rule 05 is deleted from the Ohio SIP.
    (46) On August 26, 1982, the Ohio Environmental Protection Agency 
submitted a variance which would establish an alternative emission 
control program (weighted averaging bubble) for eight vinyl coating 
lines at Uniroyal Plastic Products in Ottawa County, Ohio, and an 
alternative compliance schedule which will allow Uniroyal Plastic 
Products additional time to convert to waterborne coatings and inks. The 
final compliance date is October 1, 1987.
    (47) On June 29, 1982, the State submitted an amendment to the 
definition of air contaminant as contained in section 3704.01(B) of the 
Ohio Revised Code.
    (48) On August 31, 1982, Ohio Environmental Protection Agency 
submitted a variance which would establish an alternative emission 
control program (weighted averaging bubble) for five rotogravure 
printing lines at Packaging Corporation of America (PCA) in Wayne 
County, Ohio and an alternative compliance schedule which will allow PCA 
additional time to convert to waterborne coatings and inks. The final 
compliance date is July 1, 1987.
    (49) On September 10, 1982 the Ohio Environmental Protection Agency 
submitted a revision to its ozone SIP for the Mead Paper Corporation, 
Chilpaco Mill in Ross County, Ohio. This revision is in the form of 
three variances for the three flexographic printing lines at Mead Paper 
and contains revised emission limits and compliance schedules for each 
of the lines. Technical Support for this revision was also submitted on 
April 27, 1982.
    (50) On October 22, 1982, the Ohio Environmental Protection Agency 
submitted a revision to its Ozone SIP for the Standard Register Company. 
The revision request is in the form of a variance for an extended 
compliance time schedule for a surface coating line and spray boot for 
painting miscellaneous metal parts. Final compliance is changed from 
December 31, 1982 to December 31, 1983.
    (51) On October 1, 1982, and February 28, 1983 the State of Ohio 
submitted revisions to Ohio Administrative Code (OAC) Rules 3745-35-03 
which set forth requirements for obtaining variances.
    (52)--(55) [Reserved]
    (56) On January 5, 1983 the Ohio Environmental Protection Agency 
submitted a revision to its ozone SIP for the U.S. Steel Supply 
Division, Sharon Plant in Trumbull County, Ohio. Technical support for 
this revision was also submitted on November 12, 1982.
    (57) On January 4, 1982, amended December 23, 1982, the Ohio 
Environmental Protection Agency (OEPA) submitted a revision to its ozone 
SIP for the Chrysler Plastic Products Corporation, Sandusky Vinyl 
Product Division, in Erie County, Ohio. This revision amends the 
emission limitations and extends the compliance dates for five vinyl 
coating lines at this facility. Technical support for this revision was 
also submitted on June 28, 1982.

[[Page 731]]

    (58) On July 14, 1982, the State submitted revisions to its State 
Implementation Plan for TSP and SO2 for Toledo Edison Company's Bay 
Shore Station in Lucas County, Ohio.
    (59) On March 9, 1983, the Ohio Environmental Protection Agency 
submitted a variance which would establish an alternative emission 
control program (bubble) for eight vinyl coating lines at B.F. Goodrich 
in Washington County, Ohio, and an alternative compliance schedule which 
will allow B.F. Goodrich additional time to achieve final compliance 
through conversion to waterborne coatings and inks by December 31, 1985. 
If the company is unable to achieve compliance by December 1, 1985, 
through reformulation, the company must install add-on controls no later 
than December 1, 1987.
    (60) The State of Ohio submitted a revised demonstration that showed 
attainment by December 31, 1982, of the Carbon Monixide (CO) National 
Ambient Air Quality Standards (NAAQS) for the Cincinnati area (Hamilton 
County) on May 24, 1982. Supplemental information was submitted on 
September 23, 1982, November 4, 1982, and March 16, 1983. The May 24, 
1982, submittal also requested that the five year extension for meeting 
the NAAQS requested on July 29, 1979, and granted on October 31, 1980, 
be rescinded for this area. EPA has rescinded this extension only for 
the Cincinnati demonstration area for CO.
    (61) On January 11, 1983, the Ohio EPA submitted justification and 
supportive documentation for the two categories of gasoline dispensing 
facilities and cutback asphalt. On March 2, 1983, Ohio EPA submitted 
demonstrations of reasonable further progress in the Canton and 
Youngstown areas. This information was submitted to satisfy the 
conditions on the approval of the 1979 ozone SIP.
    (62) On September 8, 1983, the Ohio Environmental Protection Agency 
submitted a revision to the total suspended particulate SIP for Corning 
Glass Works. The revision is in the form of a permit to operate a glass 
furnace and contains an equivalent visible emission limitation for the 
furnace.
    (63) On January 3, 1984, the Ohio Environmental Protection Agency 
submitted a revision to the Ohio Administrative Code 3745-15-07, Air 
Pollution Nuisance Prohibited.
    (64) On September 2, 1982, the State of Ohio submitted a revision to 
the total suspended particulate State Implementation Plan for the B.F. 
Goodrich Chemical Plant in Avon Lake, Lorain County, Ohio. This revision 
is being disapproved. (See Sec. 52.1880(g))
    (65) On August 3, 1983, May 7, 1984 and June 28, 1984, the Ohio 
Environmental Protection Agency submitted revisions to the total 
suspended particulate State Implementation Plan for Chardon Rubber 
Company, Corning Glass Works, Denman Rubber Manufacturing Company, 
Packaging Corporation of America, and Springview Center. Each of the 
revisions are in the form of a permit to operate and contain equivalent 
visible emission limitations.
    (66) On March 16, 1984, the Ohio Environmental Protection Agency 
submitted commitments for satisfying the conditions of approval to the 
ozone [52.1885 (b)(2)] and particulate matter [52.1880 (d)(1)] State 
Implementation Plans.
    (67) [Reserved]
    (68) On May 6, 1983, the Ohio Environmental Protection Agency (OEPA) 
submitted materials constituting a proposed revision to Ohio's ozone SIP 
for Harrison Radiator. Harrison Radiator has two metal coating 
facilities; one is the North facility located in downtown Dayton and the 
other is the South facility located in the City of Moraine.
    (i) Incorporation by reference.
    (A) The Ohio Environmental Protection Director's final Findings and 
Orders, May 6, 1983.
    (B) Letters of September 10, 1984, and September 4, 1984, to USEPA 
from OEPA.
    (C) The Ohio Environmental Protection Director's final Findings and 
Orders, September 4, 1984.
    (69) On September 13, 1983, the Ohio Environmental Protection Agency 
submitted a variance which would establish an alternative emission 
control program (bubble) for Volatile Organic Compound emissions from a 
gasoline and aviation fuel loading rack located at Standard Oil Company 
in Trumbull County, Ohio.

[[Page 732]]

    (i) Incorporation by reference.
    (A) An August 26, 1983, Permit and Variance to Operate an Air 
Contaminant Source Terms and Conditions, Application No. 02 78 06 0355 
J001 and 02 78 06 0355 J002, for Niles Terminal Station N. 234, Niles 
Aviation Gasoline Bulk Terminal.
    (70) On April 8, 1982, June 22, 1982, November 8, 1982, May 24, 
1985, and November 12, 1986, the Ohio Environmental Protection Agency 
submitted a revision to the sulfur dioxide SIP for the Ohio Power 
Muskingum River Power Plant located in Morgan and Washington Counties. 
USEPA approves an emission limit of 8.6 lbs/MMBTU to protect the primary 
NAAQS with a compliance date of June 17, 1980. In addition, USEPA 
approves an emission limit of 7.6 lbs/MMBTU to protect the secondary 
NAAQS with a compliance date of July 1, 1989.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) rule 3745-18-03(C)(3)(gg)(vi) 
effective in Ohio December 28, 1979; rule 3745-18-64(B) and rule 3745-
18-90(B) effective in Ohio on October 1, 1982.
    (B) Director's Final Findings and Orders dated October 18, 1982, 
before the Ohio Environmental Protection Agency.
    (C) Director's Findings and Order dated November 18, 1986, before 
the Ohio Environmental Protection Agency.
    (ii) Additional information.
    (A) Technical Support Document for emission limitations including 
dispersion modeling for the Muskingum River Plant submitted by the State 
on April 8, 1982.
    (B) Muskingum River Plant Supplementary Technical Support Document 
submitted by the State on June 22, 1982.
    (C) Air Monitoring Data submitted by the State on June 22, 1982.
    (71) On July 1, 1980, the State of Ohio submitted a revision to its 
State Implementation Plan amending Sec. 3704.11 of the Ohio Revised 
Code. This revision expands the authority given to a political 
subdivision in relation to certain open burning activities. Additional 
information for the revision was also submitted on September 30, 1980 
and January 16, 1981.
    (72) On March 16, 1982, the State of Ohio submitted a revision to 
its State Implementation Plan for TSP for the Southerly Wastewater 
Treatment Plant in Columbus, Ohio.
    (73) On March 28, 1983, the State of Ohio Environmental Protection 
Agency (OEPA) submitted amendments to the Ohio Administrative Code (OAC) 
Chapter 3745-21 and supporting data to USEPA as a proposed revision to 
the ozone portion of its SIP. OAC Chapter 3745-21, entitled ``Carbon 
Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related 
Material Standards'', contains Ohio's VOC RACT I and II regulations. The 
amendments to these regulations are embodied in the OAC as follows: 
Definitions, Rule 3745-21-01; Attainment dates and compliance time 
schedules, Rule 3745-21-04; Control of emissions of organic compounds 
from stationary sources, Rule 3745-21-09; and Compliance test methods 
and procedures, Rule 3745-21-10. See (c)(15). USEPA is not taking action 
on the applicability of Rule 3745-21-09 to new sources of VOC, to the 
gasoline throughout exemption level for gasoline dispensing facilities, 
and to the compliance date extension for Honda of America Manufacturing, 
Inc. auto and motorcycle assembly plant in Marysville. USEPA is not 
taking action on OAC Rule 3745-21-09(AA))(2)(a) which exempts any dry 
cleaning facility in which less than 60,000 pounds of fabrics are 
cleaned per year. USEPA is not taking action on OAC Rule 3745-21-
09(U)(2)(f) (i) and (ii) which apply to new sources (surface coating 
lines). USEPA is identifying deficiencies in the existing Rule 3745-21-
09(D)(3) which contains an alternative daily emission limitation for can 
coating facilities. USEPA identified the following deficiencies within 
this rule: This rule presents equations for determining an alternative 
daily emission limitation. USEPA finds that the equations are incorrect 
in that they are based on volume of coating used (in gallons, excluding 
water), which in many cases can lead to erroneous results. Equivalency 
calculations for coatings should be performed on a basis of volume of 
coating solids used rather than volume of coating used. (45 FR 80824 
gives an example calculation

[[Page 733]]

for can coating done on a volume solids basis.)
    (i) Incorporation by reference.
    (A) Amendments to OAC Chapter 3745-21, dated June 21, 1982 and 
January 24, 1983.
    (1) Rule 3745-21-01; Definitions.
    (i) Section (D)(16), (36), and (50), paper and vinyl coating.
    (ii) Section (F)(1-8), asphalts in road construction and 
maintenance.
    (iii) Sections (E)(8), and (J)(5), corrections to Sections (E)(8) 
and (J)(5).
    (2) Rule 3745-21-04; Attainment dates and compliance time schedules.
    (i) Section (C)(3), can coating lines.
    (ii) Section (C)(15), cutback and emulsified asphalts.
    (iii) Section (C)(29), gasoline tank trucks.
    (iv) Section (C)(33), External floating roof tanks.
    (3) Rule 3745-21-09, Control of emission of organic compounds from 
stationary sources.
    (i) Section (B), Emission limitations.
    (ii) Sections, (C) (1) and (3), Surface coating of automobiles and 
light duty trucks.
    (iii) Sections (I) (1) and (2), Surface coating of metal furniture.
    (iv) Sections (K) (1) and (3) and (K)(4) (a), (b) and (c), Surface 
coating of large appliances.
    (v) Sections (N) (1), (2), and (3) (b) and (c), Use of cutback and 
emulsified asphalts.

    Note: USEPA is not approving (N)(3) (a) and (e).

    (vi) Section (O)(2), Solvent metal cleaning.
    (vii) Sections (P) (1), (4), and (5), Bulk gasoline plants.
    (viii) Section (Q)(3), Bulk gasoline terminals.
    (ix) Section (R)(3), Gasoline dispensing facilities.
    (x) Sections (U)(1) and the exemptions contained in (2)(h), Surface 
coating miscellaneous metal parts and products.
    (xi) Sections (X)(1) (a)(i), (b)(i), and the exemption contained in 
(2)(d), Rubber tire manufacturing.
    (xii) Sections (Z)(1)(b) through (h), (2), and (3), Storage of 
petroleum liquid in external floating roof tanks. NOTE: USEPA is not 
approving (Z)(1)(a).
    (xiii) Section (AA) (1) and (2) (b) and (c), Dry cleaning facility. 
NOTE: USEPA is not proposing to approve (AA)(2)(a).
    (xiv) Sections (K)(4) (a), (b), and (c), for the Whirlpool 
Corporation plants located in Marion, Sandusky, and Hancock Counties.
    (xv) Section (X)(2)(d), Cooper Tire and Rubber tire manufacturing 
facility located in Hancock County.
    (4) Rule 3745-21-10; Compliance test methods and procedures.
    (i) Sections (A) (3) and (4), General provisions.
    (ii) Section (B) (3), (4) and (5), Methods for determining VOC 
content of surface coating and inks.
    (iii) Section (E) (4) and (7), Method for determining VOC emissions 
from bulk gasoline terminals.
    (iv) Section (K), Methods for detecting leaks of gasoline vapors.
    (74)--(75) [Reserved]
    (76) On April 9, 1986, the State of Ohio submitted a negative 
declaration for natural gas/gasoline processing plants and manufacturers 
of high-density polyethylene and polypropylene resins.
    (i) Incorporation by reference.
    (A) Letter dated April 9, 1986, from Warren W. Tyler, Director, 
State of Ohio Environmental Protection Agency.
    (77) On November 20, 1985, the Ohio Environmental Protection Agency 
submitted a revision to the State Implementation Plan for Total 
Suspended Particulates. This revision request is for operating permits 
for the following two shiploading facilities: The Andersons Grain 
Division, Toledo Plant and Mid-States Terminals, Incorporated.
    (i) Incorporation by reference.
    (A) Permit to Operate an Air Contaminant Source for the Andersons 
Grain Division, Toledo Plant. Date of Issuance: November 18, 1985.
    (B) Permit to Operate an Air Contaminant Source for Mid-States 
Terminals, Incorporated. Date of Issuance: November 18, 1985.
    (78) On April 30, 1986, (draft) and on May 5, 1987, (final) the Ohio 
Environmental Protection Agency (OEPA) submitted a revision request to 
Ohio's sulfur dioxide SIP. The revision was in the form of Permits to 
Operate for the Coulton Chemical Plant in Toledo,

[[Page 734]]

Ohio, and the E.I. duPont de Nemours and Company facility in Miami, 
Ohio. The permits require the installation and operation of continuous 
emission monitors for sulfur dioxide at these facilities, and the 
reporting of monitoring data.
    (i) Incorporation by reference.
    (A) Special Term and Condition No. 3 of Permit to Operation No. 
0448020014P001 for Coulton Chemical Corporation, effective January 3, 
1986, Permit to Operate No. 0448020014P002 for Coulton Chemical 
Corporation, effective March 25, 1986.
    (B) Special Term and Condition No. 3 of Permit to Operate No. 
1431350817P001 for E.I. duPont de Nemours and Company (Fort Hill Plant), 
effective March 2, 1984.
    (ii) Additional material.
    (A) September 5, 1985, letter from Charles M. Taylor, Chief, 
Division of Air Pollution Control, Ohio Environmental Protection Agency; 
to Steve Rothblatt, Chief, Air and Radiation Branch, U.S. Environmental 
Protection Agency.
    (79) On April 9, 1986, the Ohio Environmental Protection Agency 
(OEPA) submitted a request for a revision to the Ozone State 
Implementation Plan (SIP) for the Huffy Corporation in Celina Ohio 
(Mercer County). This revision was in the form of a rule which is 
applicable to the Huffy Corporation in Mercer County.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-21-09(U)(2)(j), 
effective May 9, 1986.
    (80) On April 9, 1986, the Ohio Environmental Protection Agency 
submitted a revision to the State Implementation Plan for ozone. The 
revision consists of the reasonably available control technology (RACT) 
III volatile organic compound regulations.
    (i) Incorporation by reference. Ohio EPA OAC
    (A) Rule 3745-21-01, Definitions. Paragraphs (K), (L), (M), and (N), 
effective May 9, 1986. Ohio EPA OAC
    (B) Rule 3745-21-04, Attainment Dates and Compliance Time Schedules. 
Paragraphs (B)(1), and (C)(36) through (C)(39), effective May 9, 1986. 
Ohio EPA OAC
    (C) Rule 3745-21-09, Control of Emissions of Volatile Organic 
Compounds from Stationary Sources. Paragraphs (A)(1), (A)(2), (A)(4), 
(BB), (CC), (DD), (EE), and Appendix A, effective May 9, 1986. Ohio EPA 
OAC
    (D) Rule 3745-21-10, Compliance Test Method and Procedures. 
Paragraphs (C), (F), (L), (M), (N), (O), and (P), effective May 9, 1986.
    (81) On March 3, 1986, the Ohio Environmental Protection Agency 
(OEPA) submitted Good Engineering Stack Height Regulations as a revision 
to the Ohio State Implementation Plan (SIP).
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Chapter 3745-16-01 and 02, entitled 
``Definitions'' and ``Good Engineering Practice Stack Height 
Regulations''. These rules were adopted by the State on February 12, 
1986 and were effective on March 5, 1986.
    (B) September 2, 1987 letter from Richard L. Shank, Ph.D., Director, 
Ohio Environmental Protection Agency; to Valdas Adamkus, Regional 
Administrator, USEPA.
    (ii) Additional material.
    (A) March 3, 1986, letter from Warren W. Tyler, Director, Ohio 
Environmental Protection Agency; to Valdas Adamkus, Regional 
Administrator, U.S. EPA.
    (82) On November 7, 1985, the Ohio Environmental Protection Agency 
submitted a revision to the ozone portion of the Ohio State 
Implementation Plan (SIP) for the Reynolds Metal Company in Pickaway 
County, Ohio. This variance shall expire on May 6, 1992.
    (i) Incorporation by reference.
    (A) State of Ohio Environmental Protection Agency Variance to 
Operate an Air Contaminant Source (except for Conditions No. 2, No. 3, 
and No. 6); Date of Issuance: October 29, 1985, Issued to: Reynolds 
Metal Company; Constitutes a Variance to Operate: miscellaneous metal 
parts coating line--Ransburg Disc spray booths No. 1 and No. 2; and 
signed by Warren W. Tyler, Director, Ohio Environmental Protection 
Agency.
    (83) On October 4, 1982, and January 24, 1983, the Ohio 
Environmental Protection Agency (OEPA) submitted revisions to the Ohio 
Administrative Code (OAC) Chapter 3745-31-01 through 3745-

[[Page 735]]

31-08 to satisfy the New Source Review conditional approval of October 
31, 1980 (45 FR 72119). U.S. EPA is granting limited approval of the 
revision to Ohio's New Source Review State Implementation Plan (SIP) 
because the revised regulations strengthen the SIP.
    (i) Incorporation by reference.
    (A) OAC Rule 3745-31 through 3745-31-03--Permits to Install New 
Sources of Pollution (Adopted June 30, 1982, effective August 15, 1982), 
as found in the State of Ohio Environmental Protection Agency Laws and 
Regulations.
    (ii) Additional material.
    (A) A June 30, 1987, letter from OEPA certified that the State did 
not rely upon additional reductions through the offset policy to attain 
or maintain the National Ambient Air Quality Standards.
    (84) On June 1, 1987, the Ohio Environmental Protection Agency 
(OEPA) submitted a revision request to Ohio's ozone SIP for the Goodyear 
Tire and Rubber Company in St. Marys (Auglaize County) Ohio. The 
revision was in the form of variances for adhesive application lines 
K001 to K019 and exempts them from the requirements contained in Ohio 
Administrative Code (OAC) Rule 3745-21-09(U). These variances expire on 
(3 years and 30 days from date of publication). The accommodative SIP 
for Auglaize County is removed for the period these variances are in 
effect.
    (i) Incorporation by reference. (A) Condition Number 8 (which 
references Special Terms and Conditions Numbers 1 through 5) within each 
of 19 ``State of Ohio Environmental Protection Agency Variances to 
Operate An Air Contaminant Source'', Application Numbers 0306010138K001-
0306010138K019, for Goodyear Tire and Rubber Company. The Date of 
Issuance is May 22, 1987.
    (85) On February 17, 1988, and January 4, 1989, the Ohio 
Environmental Protection Agency submitted a revision to the total 
suspended particulate SIP for Youngstown Thermal Corporation located in 
Youngstown, Ohio. This revision establishes a 0.02 lb/MMBTU emission 
limit for the one gas and Number 2 oil-fired boiler (B001) and a 0.14 
lb/MMBTU limit for the three coal-fired boilers (B002, B003, and B004).
    (i) Incorporation by reference. (A) Ohio Administrative Code (OAC) 
Rule 3745-17-01, effective in Ohio on October 1, 1983; Rule 3745-17-03, 
effective in Ohio on October 15, 1983; and Rule 3745-17-10, effective in 
Ohio on October 1, 1983, as they apply to Youngstown Thermal Energy 
Corporation in Youngstown, Ohio only.
    (86) [Reserved]
    (87) On July 11, 1988, Ohio submitted its vehicle inspection and 
maintenance regulation for Cuyahoga, Lake, Lorain, Hamilton, and Butler 
Counties.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code rules 3745-26-01, 3745-26-02, 3745-26-
03, 3745-26-04, 3745-26-05, 3745-26-06, 3745-26-07, 3745-26-08, and 
3745-26-09, effective July 17, 1987.
    (88) On April 11, 1994, the Ohio Environmental Protection Agency 
submitted a request for a revision to the Ohio State Implementation Plan 
for particulate matter and nitrogen oxides for specified source 
categories that require continuous emissions monitoring, recording, and 
reporting.
    (i) Incorporation by reference.
    (A) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 1413100008 B002 and 1413100008 B005 for 
Cincinnati Gas and Electric (CG&E) Company, W. C. Beckjord Station. The 
dates of issuance are July 16, 1992. These permits are approved through 
the expiration date of July 15, 1995.
    (B) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 1413100008 B003 and 1413100008 B006 for 
Cincinnati Gas and Electric Company, W. C. Beckjord Station. The dates 
of issuance are November 13, 1992. These permits are approved through 
the expiration date of November 12, 1995.
    (C) Special Terms and Conditions No. 5 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 1431350093 B005 and 1431350093 B006 for 
Cincinnati Gas and Electric Company, Miami Fort. The dates of issuance 
are September 3, 1993. These

[[Page 736]]

permits are approved through the expiration date of September 1, 1996.
    (D) Special Terms and Conditions No. 5 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1431350093 B007 for Cincinnati Gas and 
Electric Company, Miami Fort. The date of issuance is November 19, 1993. 
This permit is approved through the expiration date of November 18, 
1996.
    (E) Special Terms and Conditions No. 3 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 0204000211 B001 and 0204000211 B003 for 
Cleveland Electric Illuminating Company, Ashtabula Plant ``C''. The 
dates of issuance are April 24, 1992. These permits are approved through 
the expiration date of April 23, 1995.
    (F) Special Terms and Conditions No. 6 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1318000245 B006 for Cleveland Electric 
Illuminating Company, Lakeshore Plant. The date of issuance is December 
7, 1993. This permit is approved through the expiration date of December 
6, 1996.
    (G) Special Terms and Conditions No. 5 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 0616000000 B004 for Columbus Southern Power 
Company, Conesville Station. The date of issuance is December 4, 1992. 
This permit is approved through the expiration date of December 3, 1995.
    (H) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 0616000000 B001 and 0616000000 B002 for 
Columbus Southern Power Company, Conesville Station. The dates of 
issuance are June 22, 1993. These permits are approved through the 
expiration date of June 21, 1996.
    (I) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 0616000000 B003 for Columbus Southern Power 
Company, Conesville Station. The date of issuance is June 29, 1993. This 
permit is approved through the expiration date of June 28, 1996.
    (J) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 0701000007 B001 through 0701000007 B004 for 
Dayton Power and Light Company, J. M. Stuart Station. The dates of 
issuance are July 6, 1993. These permits are approved through the 
expiration date of July 5, 1996.
    (K) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1707130015 B005 for Ohio Edison Company, R. 
E. Burger Plant. The date of issuance is July 30, 1993. This permit is 
approved through the expiration date of July 29, 1996.
    (L) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 1707130015 B006 through 1707130015 B008, and 
Application Numbers 1707130015 B011 and B012 for Ohio Edison Company, R. 
E. Burger Plant. The dates of issuance are August 3, 1993. These permits 
are approved through the expiration date of August 2, 1996.
    (M) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 1707130015 B009 and 1707130015 B010 for Ohio 
Edison Company, R. E. Burger Plant. The dates of issuance are October 8, 
1993. These permits are approved through the expiration date of October 
7, 1996.
    (N) Special Terms and Conditions No. 6 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1741180018 B001 for Ohio Edison Company, 
Toronto Plant. The date of issuance is March 5, 1993. This permit is 
approved through the expiration date of March 4, 1996.
    (O) Special Terms and Conditions No. 6 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1741180018 B001 for Ohio Edison Company, 
Toronto Plant. The date of

[[Page 737]]

issuance is March 5, 1993. This permit is approved through the 
expiration date of March 4, 1996.
    (P) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1741180018 B002 for Ohio Edison Company, 
Toronto Plant. The date of issuance is October 15, 1993. This permit is 
approved through the expiration date of October 24, 1996.
    (Q) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1741180018 B003 for Ohio Edison Company, 
Toronto Plant. The date of issuance is November 23, 1992. This permit is 
approved through the expiration date of November 22, 1995.
    (R) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 1741160017 B007 and B008, 1741160017 B010 
and 1741160017 B013 for Ohio Edison Company, Sammis Plant. The dates of 
issuance are March 10, 1993. These permits are approved through the 
expiration date of March 9, 1996.
    (S) Special Terms and Conditions No. 3 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1741160017 B009 for Ohio Edison Company, 
Sammis Plant. The date of issuance is June 25, 1993. This permit is 
approved through the expiration date of June 24, 1996.
    (T) Special Terms and Conditions No. 6 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 0247080049 B003 for Ohio Edison Company, 
Edgewater Plant. The date of issuance is February 25, 1994. This permit 
is approved through the expiration date of February 25, 1997.
    (U) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 0627010056 B003 and 0627010056 B004 for Ohio 
Power Company, General James M. Gavin Plant. Thes date of issuance are 
May 2, 1992. These permits are approved through the expiration date of 
April 30, 1995.
    (V) Special Terms and Conditions No. 5 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1741050002 B001 for Ohio Power Company, 
Cardinal Operating Company. The date of issuance is March 30, 1993. This 
permit is approved through the expiration date of March 29, 1996.
    (W) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1741050002 B002 for Ohio Power Company, 
Cardinal Operating Company. The date of issuance is November 12, 1993. 
This permit is approved through the expiration date of November 11, 
1996.
    (X) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1741050129 B002 for Ohio Power Company, 
Buckeye Power, Inc. The date of issuance is October 10, 1992. This 
permit is approved through the expiration date of October 19, 1995.
    (Y) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 0684000000 B002, 0684000000 B003, 0684000000 
B004, and 0684000000 B005 for Ohio Power Company, Muskingum River Plant. 
The dates of issuance are May 12, 1993. These permits are approved 
through the expiration date of May 11, 1996.
    (Z) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 0684000000 B006 for Ohio Power Company, 
Muskingum River Plant. The date of issuance is April 20, 1993. This 
permit is approved through the expiration date of April 19, 1996.
    (AA) Special Terms and Conditions No. 5 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 0285010188 B001 for Orrville Municipal Power 
Plant. The date of issuance is November 13, 1991. This permit is 
approved through the expiration date of November 14, 1994.

[[Page 738]]

    (BB) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 028501018 B004 for Orrville Muniticpal Power 
Plant. The date of issuance is January 22, 1993. This permit is approved 
through the expiration date of January 21, 1996.
    (CC) Special Terms and Conditions No. 5 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 0855100041 B001 and 0855100041 B002 for 
Piqua Municipal Power Plant. The dates of issuance are April 10, 1992. 
These permits are approved through the expiration date of April 9, 1995.
    (DD) Special Terms and Conditions No. 5 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 0855100041 B003 for Piqua Municipal Power 
Plant. The date of issuance is April 12, 1993. This permit is approved 
through the expiration date of April 11, 1996.
    (EE) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permits to Operate an Air Contaminant 
Source, Application Numbers 0684020037 B001 and 0684020037 B003 for 
American Municipal Power-Ohio, Inc. The dates of issuance are October 
12, 1993. These permits are approved through the expiration date of 
October 11, 1996.
    (FF) Special Terms and Conditions No. 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 0684020037 B002 for American Municipal Power-
Ohio, Inc. The date of issuance is November 30, 1993. This permit is 
approved through the expiration date of November 29, 1996.
    (GG) Special Terms and Conditions No. 8 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Application Number 1431390903 B022 for Procter and Gamble 
Company. The date of issuance is December 4, 1992. This permit is 
approved through the expiration date of December 3, 1995.
    (HH) Special Terms and Conditions No. 6 of State of Ohio 
Environmental Protection Agency Permit to Operate Number 1409040212 B010 
for Champion International, Hamilton Mill. The date of issuance is 
November 8, 1991. This permit is approved through the expiration date of 
November 7, 1994.
    (II) Special Terms and Conditions Nos. 3 and 4 of State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source, Appplication Number 0448020007 P007 for BP Oil Company-Toledo 
Refinery. The date of issuance is March 27, 1992. This permit is 
approved through the expiration date of March 26, 1995.
    (JJ) Special Terms and Conditions No. 3 of State of Ohio 
Environmental Protection Agency Permit to Operate Number an Air 
Contaminant Source, Application Number 1576000301 P002 for Ashland 
Petroleum Company. The date of issuance is January 21, 1993. This permit 
is approved through the expiration date of January 21, 1996.
    (ii) Additional material.
    (A) Letter dated April 11, 1994 from Donald R. Schregardus, 
Director, Ohio Environmental Protection Agency to Valdas V. Adamkus, 
Regional Administrator, United States Environmental Protection Agency, 
Region 5. The letter states that the public hearing for the SIP revision 
which was held on November 13, 1986 included the negative declaration 
regarding existing nitric acid plants (Section 2.2 of Appendix P).
    (89) On February 28, 1989, the Ohio Environmental Protection Agency 
(OEPA) submitted a revision request to Ohio's ozone SIP for the Navistar 
International Transportation Corporation in Springfield, Ohio. It 
modified this request on March 30, 1990. The revision is in the form of 
variances for miscellaneous metal parts and products coating lines and 
exempts them from the requirements contained in Ohio Administrative Code 
(OAC) Rule 3745-21-09(U). These variances expire on January 4, 1994.
    (i) Incorporation by reference.
    (A) Condition Number 8 (which references Special Terms and 
Conditions Number 1 through 11) within both of the ``State of Ohio 
Environmental Protection Agency Variances to Operate An Air Contaminant 
Source'', Application Numbers 0812760220K009 and 0812760220K013 for 
Navistar International Transportation Corporation.

[[Page 739]]

The Date of Issuance is February 28, 1989.
    (90) On April 9, 1986, the Ohio Environmental Protection Agency 
(OEPA) submitted amendments to the Ohio Administrative Code (OAC) 
Chapter 3745-21. The amendments are embodied in the following OAC 
regulations: Definitions, Rule 3745-21-01; Attainment dates and 
compliance time schedules, Rule 3745-21-04; Control of emissions of 
volatile organic compounds from stationary sources, Rule 3745-21-09; and 
Compliance test methods and procedures, Rule 3745-21-10. USEPA is 
approving these amendments with the following exceptions: The proposed 
relaxation for food can end sealing compounds in 3745-21-09(D)(1)(e) and 
(D)(2)(e) (from 3.7 to 4.4 lbs VOC/gallon); the proposed revision to the 
exemption in 3745-21-09(N)(3)(e) for the application by hand of any 
cutback asphalt or emulsified asphalt for patching or crack sealing; the 
recordkeeping requirements in 3745-21-09(N)(4); the relaxation from 3.5 
to 6.2 lbs VOC/gallon for high performance architectural aluminum 
coatings in 3745-21-09(U)(1)(a)(viii); the exemption for new sources in 
3745-21-09(U)(2)(f); and the relaxation for miscellaneous metals 
coatings in 3745-21-09(U)(1)(a)(vii).
    (i) Incorporation by reference.
    (A) Amendments to Ohio Administrative Code Rule 3745-21-01, 
effective on May 9, 1986.
    (B) Amendments to Ohio Administrative Code Rule 3745-21-04, 
effective on May 9, 1986.
    (C) Amendments to Ohio Administrative Code Rule 3745-21-09, 
effective on May 9, 1986, except for:
    (1) 3745-21-09(D)(1)(e) and (D)(2)(e) (proposed relaxation for food 
can end sealing);
    (2) 3745-21-09(N)(3)(e) (proposed revision to the exemption for the 
application by hand of any cutback or emulsified asphalt for patching 
crack sealing);
    (3) 3745-21-09(N)(4) (recordkeeping requirements);
    (4) 3745-21-09(U)(1)(a)(viii) (relaxation from 3.5 to 6.2 lbs VOC. 
gal for high performance architectural aluminum coatings);
    (5) 3745-21-09(U)(2)(f) (the exemption for new sources); and
    (6) 3745-21-09(U)(1)(a)(vii) (relaxation for miscellaneous metal 
coatings).
    (D) Amendments to Ohio Administrative Code Rule 3745-21-10, 
effective May 9, 1996.
    (91) On September 30, 1983, the Ohio Environmental Protection Agency 
(OEPA) submitted a revision request to the ozone SIP for Ludlow Flexible 
Packaging, Inc. (Ludlow), located in Mt. Vernon (Knox County), Ohio. 
This revision was in the form of variances and permits that established 
a bubble with monthly averaging between 22 paper coating and printing 
lines (sources K001-K022) and a compliance date extension to June 30, 
1987. On January 13, 1987, the OEPA submitted additional information 
concerning this revision stating that several of the printing lines have 
been or will be permanently shut down and the remaining lines will be 
controlled by thermal incineration in accordance with OAC Rule 3745-21-
09(Y). In addition, four of the paper coating lines (K017-K019, K022) 
have been removed from the plant. Therefore, only eight paper coating 
lines (K011-K016, K020 and K021) remain under the bubble. This revision 
exempts these lines from the control requirements contained in Ohio 
Administrative Code (OAC) Rules 3745-21-09(F) and 3745-21-09(Y). These 
variances and permits expire on April 22, 1996.
    The accommodative SIP for Knox County will be canceled upon approval 
of this SIP revision.
    (i) Incorporation by reference.
    (A) Condition Number 8 (which references Special Terms and 
Conditions Numbers 1-7 within each of the 5 ``State of Ohio 
Environmental Protection Agency Variance to Operate an Air Contaminant 
Source,'' Application Numbers 0342010111K011-0342010111K015, as they 
apply to Ludlow Flexible Packaging, Inc., located in Mt. Vernon, Ohio. 
The Date of Issuance is September 23, 1983.
    (B) Condition Number 8 (which references Special Terms and 
Conditions Numbers 1-7) within each of the 3 ``State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source,'' Application Numbers 0342010111K016, 0342010111K020,

[[Page 740]]

and 0342010111K021, as they apply to Ludlow Flexible Packaging, Inc., 
located in Mt. Vernon, Ohio. The Date of Issuance is September 23, 1983.
    (ii) Additional material.
    (A) January 13, 1987, letter from Patricia P. Walling, Chief, 
Division of Air Pollution Control, Ohio Environmental Protection Agency; 
to Steve Rothblatt, Chief, Air and Radiation Branch, U.S. Environmental 
Protection agency.
    (92) On October 16, 1991, and March 17, 1993, the Ohio Environmental 
Protection Agency (OEPA) submitted revisions to the State Implementation 
Plan for sulfur dioxide for sources in Hamilton County, Ohio.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-18-03 Attainment dates 
and compliance time schedules, Sections (A)(2)(c); (B)(7)(a); (B)(7)(b); 
(C)(8)(a); (C)(8)(b); (C)(9)(a); (C)(9)(b); (D)(1); (D)(2); dated 
October 11, 1991, and effective on October 31, 1991.
    (B) Ohio Administrative Code (OAC) Rule 3745-18-04 Measurement 
methods and procedures, Sections (D)(7); (D)(8)(a) to (D)(8)(e); (E)(5); 
(E)(6)(a); (E)(6)(b); (F); (G)(1) to (G)(4); (I); dated October 11, 
1991, and effective on October 31, 1991.
    (C) Ohio Administrative Code (OAC) Rule 3745-18-37, Hamilton county 
emission limits, dated February 22, 1993, and effective on March 10, 
1993.
    (D) Director's Final Findings and Order for Cincinnati Gas and 
Electric Company, Miami Fort Station, dated February 22, 1993.
    (93) In a letter dated October 16, 1992, the OEPA submitted a 
revision to the Carbon Monoxide State Implementation Plan for Cuyahoga 
County. This revision contains a maintenance plan that the area will use 
to maintain the CO NAAQS. The maintenance plan contains an oxygenated 
fuels program as a contingency measure to be implemented if the area 
violates the CO NAAQS.
    (i) Incorporation by reference.
    (A) Letter dated October 16, 1992, from Donald R. Schregardus, 
Director, Ohio Environmental Protection Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5 
and its enclosures entitled ``Table 1 Cuyahoga County Carbon Monoxide 
Emission Inventory'', Enclosure B ``Cuyahoga County carbon monoxide SIP 
submittal'', and section 6.0 of Enclosure C ``Cuyahoga County Carbon 
Monoxide Modeling Study Final Report.''
    (ii) Additional information.
    (A) Letter dated January 14, 1993, from Donald R. Schregardus, 
Director, Ohio Environmental Protection Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
    (B) Letter dated February 10, 1993, from Robert F. Hodanbosi, Chief, 
Division of Air Pollution Control, Ohio Environmental Protection Agency 
to David Kee, Director, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 5.
    (C) Letter dated July 29, 1993, from Robert F. Hodanbosi, Chief, 
Division of Air Pollution Control, Ohio Environmental Protection Agency 
to David Kee, Director, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 5.
    (94) On June 24, 1985, the Ohio Environmental Protection Agency 
submitted revisions to its ozone control State Implementation Plan which 
would establish a volatile organic compounds (VOC) bubble and 
alternative VOC reasonably available control technology for vinyl and U-
frame vinyl coating lines at Columbus Coated Fabrics in Franklin County, 
Ohio.
    (i) Incorporation by reference.
    (A) Condition Number 8 (which references special Terms and 
Conditions Numbers 1 through 7) within each of 15 State of Ohio 
Environmental Protection Agency Permits and Variances to Operate an Air 
Contaminant Source, Application Numbers 0125040031 K001 through 
0125040031 K015 for Columbus Coated Fabrics. The date of issuance is 
November 2, 1983. These permits and variances are approved for the 
period 12/12/85 to 1/6/92.
    (B) Condition Number 8 (which references special Terms and 
Conditions Numbers 1 through 4) within each of 11 State of Ohio 
Environmental Protection Agency Variances to Operate an Air Contaminant 
Source, Application Numbers 0125040031 K016 through 0125040031 K026 for 
Columbus Coated

[[Page 741]]

Fabrics. The date of issuance is November 2, 1983. These variances are 
approved for the period 4/1/82 to 1/6/92.
    (C) State of Ohio Environmental Protection Agency Orders to Modify 
Variances to Operate modifying Special Condition Number 1 of Ohio 
Environmental Protection Agency Variances to Operate an Air Contaminant 
Source, Application Numbers 0125040031 K016 through 0125040031 K026 for 
Columbus Coated Fabrics. The date of issuance is May 21, 1985. These 
orders are approved for the period 4/1/82 to 1/6/92.
    (95) On October 16, 1992, the State of Ohio submitted the tailpipe 
test inspection and maintenance program revisions to its carbon monoxide 
implementation plan for Cuyahoga County.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code: amended rules, 3745-26-01 through 
3745-26-09, effective May 15, 1990, and new rules, 3745-26-10 and 3745-
26-11, effective May 15, 1990.
    (ii) Additional materials-remainder of the State submittal.
    (A) Letter from the Director, Ohio Environmental Protection Agency, 
dated November 18, 1992, and additional materials.
    (96) On June 9, 1988, and August 24, 1990, the Ohio Environmental 
Protection Agency (OEPA) submitted revisions to the State Implementation 
Plan for ozone. The revisions consist of new non-Control Technique 
Guideline volatile organic compound (VOC) rules and corrections to 
existing VOC rules.
    (i) Incorporation by reference.
    (A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-01, 
Definitions, Paragraphs (A), (B), (C), (D)(1) through (5), (D)(7), 
(D)(9) through (62), (E) through (S); effective August 22, 1990.
    (B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time 
Schedules, Paragraphs (A), (B), (C); effective August 22, 1990.
    (C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraphs (A), (B), (C) 
through (H), (J), (K), (M), (P), (S), (T), (V), (X), (Y), (BB), (CC), 
(FF) through (NN), (PP), effective August 22, 1990.
    (D) OEPA OAC Rule 3745-21-10, Compliance Test Methods and 
Procedures, Paragraphs (B), (D), (F), (G), (I) through (N), (P); 
effective August 22, 1990.
    (97) On November 14, 1991, December 4, 1991, and January 8, 1992, 
OEPA submitted revisions to its particulate matter plan, including 
Statewide rule revisions, rule revisions for specific facilities in 
Cuyahoga and Jefferson Counties, and supplemental materials to address 
the requirements of part D of title I of the Clean Air Act for the 
Cuyahoga and Jefferson County nonattainment areas. Rules 3745-17-
03(B)(10)(c) and 3745-17-12(P)(6)(a) (concerning quench water limits) 
are not approved.
    (i) Incorporation by reference.
    (A) Rule 3745-17-01--Definitions, effective December 6, 1991.
    (B) Rule 3745-17-02--Ambient air quality standards, effective June 
14, 1991.
    (C) Rule 3745-17-03--Measurement methods and procedures, effective 
December 6, 1991, except for paragraph (B)(10)(c) which is disapproved.
    (D) Rule 3745-17-04--Compliance time schedules, effective December 
6, 1991.
    (E) Rule 3745-17-07--Control of visible particulate emissions from 
stationary sources, effective June 14, 1991.
    (F) Rule 3745-17-08--Restriction of emission of fugitive dust, 
effective June 14, 1991.
    (G) Rule 3745-17-09--Restrictions on particulate emissions and odors 
from incinerators, effective July 9, 1991.
    (H) Rule 3745-17-10--Restrictions on particulate emissions from fuel 
burning equipment, effective June 14, 1991.
    (I) Rule 3745-17-11--Restrictions on particulate emissions from 
industrial processes, effective June 14, 1991.
    (J) Rule 3745-17-12--Additional restrictions on particulate 
emissions from specific air contaminant sources in Cuyahoga County, 
effective December 6, 1991, except for paragraph (P)(6)(a) which is 
disapproved.
    (K) Rule 3745-17-13--Additional restrictions on particulate 
emissions from specific air contaminant sources in Jefferson County, 
effective December 6, 1991.
    (L) Rule 3745-17-14--Contingency plan requirements for Cuyahoga and 
Jefferson Counties, effective December 6, 1991.

[[Page 742]]

    (M) Rule 3745-75-01--Applicability and definitions, effective July 
9, 1991.
    (N) Rule 3745-75-02--Emission limits, effective July 9, 1991.
    (O) Rule 3745-75-03--Design parameters and operating restrictions, 
effective July 9, 1991.
    (P) Rule 3745-75-04--Monitoring requirements, effective July 9, 
1991.
    (Q) Rule 3745-75-05--Recordkeeping, effective July 9, 1991.
    (R) Rule 3745-75-06--Certification and compliance time schedules, 
effective July 9, 1991.
    (ii) Additional information.
    (A) Appendices A through P to a letter from Donald Schregardus to 
Valdas Adamkus dated November 14, 1991, providing emissions inventories 
and modeling demonstrations of attainment for the Cleveland and 
Steubenville areas and providing other related information.
    (B) A letter from Donald Schregardus to Valdas Adamkus dated 
December 4, 1991, and attachments, supplementing the November 14, 1991, 
submittal.
    (C) A letter from Donald Schregardus to Valdas Adamkus dated January 
8, 1992, and attachments, supplementing the November 14, 1991, 
submittal.
    (98) On April 20, 1994, and March 7, 1995, Ohio submitted Rule 3745-
35-07, entitled ``Federally Enforceable Limitations on Potential to 
Emit,'' and requested authority to issue such limitations as conditions 
in State operating permits.
    (i) Incorporation by reference. Rule 3745-35-07, adopted November 3, 
1994, effective November 18, 1994.
    (99)  [Reserved]
    (100) On March 22, 1994, the Ohio Environmental Protection Agency 
submitted a revision request to Ohio's ozone SIP for approval of the 
State's emissions statement program. The emissions statement program 
requirements apply to sources in the following counties: Ashtabula, 
Butler, Clark, Clermont, Cuyahoga, Delaware, Franklin, Geauga, Greene, 
Hamilton, Lake, Licking, Lorain, Lucas, Mahoning, Medina, Miami, 
Montgomery, Portage, Stark, Summit, Trumbull, Warren, and Wood.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code rules 3745-24-01, 3745-24-02, 3745-24-
03, and 3745-24-04, effective April 1, 1994.
    (101) On November 12, 1993 the Ohio Environmental Protection Agency 
submitted a vehicle inspection and maintenance program in accordance 
with section 110 of the Clean Air Act as amended in 1990. The new 
program replaces I/M programs in operation in the Cleveland and 
Cincinnati areas and establishes new programs in Dayton and any area 
designated moderate nonattainment or any area where local planning 
authorities have requested the State to implement a program.

    (i) Incorporation by reference.

    (A) Ohio Administrative Code Amended Rules 3745-26-01, 3754-26-02, 
3745-26-10, and rules 3745-26-12, 3745-26-13, and 3745-26-14, all made 
effective on June 13, 1994.

    (ii) Other material.

    (A) Certification letter from the Director of the Ohio Environmental 
Protection Agency regarding the State process in developing the I/M 
rules and the I/M program.

    (B) Letter dated June 22, 1994, from the Director of OEPA regarding 
implementation of an I/M program in the Toledo area in the event the 
State's request for redesignation to attainment for that area is not 
approved by USEPA.
    (102) On June 7, 1993, and February 17, 1995, the Ohio Environmental 
Protection Agency (OEPA) submitted revisions to the State Implementation 
Plan (SIP) for ozone. The revisions include 19 new non-Control Technique 
Guideline volatile organic compound (VOC) rules, Findings and Orders for 
5 companies, and two permits to install.
    (i) Incorporation by reference.
    (A) OEPA OAC Rule 3745-21-01, Definitions, Paragraphs (Q); (T); 
effective January 17, 1995.
    (B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time 
Schedules, Paragraphs (C)(40); (C)(41); (C)(46); (C)(48); (C)(49); 
(C)(50); (C)(51); (C)(53); (C)(54); (C)(59); (C)(60); (C)(61); (C)(62); 
effective January 17, 1995.
    (C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraphs (FF), (GG), (HH), 
(II), (JJ), (KK), (LL), (MM), (NN), (OO), (PP),

[[Page 743]]

(QQ), (SS), (TT), (YY), (ZZ), (AAA); (BBB); effective January 17, 1995.
    (D) Director's Final Findings and Orders for AK Steel Corporation 
(Middletown), International Paper Company (Cincinnati), Midwest Mica & 
Insulation Company (Cleveland), Reilly Industries, Inc. (Cleveland), and 
Sprayon Products, Inc. (Bedford Heights), Issued by Ohio Environmental 
Protection Agency on August 18, 1995.
    (E) Permit to Install, Application Number 13-2396, for Excello 
Specialty Company, APS Premise Number 1318607686. The date of issuance 
is December 11, 1991.
    (F) Permit to Install, Application Number 14-2096, for Hilton Davis 
Company, APS Premise Number 1431070039. The date of issuance is June 12, 
1991.
    (103) On June 7, 1993, and February 17, 1995, the Ohio Environmental 
Protection Agency (OEPA) submitted revisions to the State Implementation 
Plan (SIP) for ozone. The revisions include one new non-Control 
Technique Guideline volatile organic compound (VOC) rule, corrections to 
existing VOC rules, and two permits-to-install.
    (i) Incorporation by reference.
    (A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-01, 
Definitions, Paragraphs (B)(1), (B)(2), (B)(6), (D)(6), (D)(8), (D)(22), 
(D)(45), (D)(48), (D)(58), (M)(8); effective January 17, 1995.
    (B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time 
Schedules, Paragraphs (B), (C)(3)(c), (C)(4)(b), (C)(5)(b), (C)(6)(b), 
(C)(8) (b) and (c), (C)(9)(b), (C)(10)(b), (C)(19) (b), (c), and (d), 
(C)(28)(b), (C)(38), (C)(39), (C)(42), (C)(43), (C)(44), (C)(45), 
(C)(47), (C)(55), (C)(65); effective January 17, 1995.
    (C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraphs (A), (C) through 
(L), (N) through (T), (X), (Y), (Z), (BB), (CC), (DD), (UU), Appendix A; 
effective January 17, 1995.
    (D) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraph (B) except 
(B)(3)(d) and (e) for the Ohio Counties of Ashtabula, Butler, Clermont, 
Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage, Summit, and 
Warren; effective January 17, 1995.
    (E) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraph (U) except 
(U)(1)(h) statewide and (U)(2)(e)(ii) for the Ohio Counties of 
Ashtabula, Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain, 
Medina, Portage, Summit, and Warren; effective January 17, 1995.
    (F) OEPA OAC Rule 3745-21-10, Compliance Test Methods and 
Procedures, Paragraphs (A), (B), (C), (E), (O); effective January 17, 
1995.
    (G) Permit to Install, Application Number 04-204, for Abitibi-Price 
Corporation, APS Premise Number 0448011192. The date of issuance is July 
7, 1983.
    (H) Permit to Install, Application Number 08-3273, for General 
Motors Corporation Delco Chassis Division, APS Premise Number 
0857040935. The date of issuance is February 13, 1995.
    (ii) Additional material.
    (A) On June 7, 1993, the OEPA submitted negative declarations for 
the source categories of polypropylene or high density polyethylene 
resin manufacturing, natural gas/gasoline processing plants, and surface 
coating of flat wood paneling. These negative declarations are approved 
into the Ohio ozone SIP.
    (B) On February 21, 1995, the OEPA submitted a list of facilities 
subject to the post-enactment source categories listed in Appendix E to 
the General Preamble. 57 FR 18070, 18077 (April 28, 1992). This list is 
approved into the Ohio ozone SIP.
    (104) On June 7, 1993, the Ohio Environmental Protection Agency 
(OEPA) submitted a revision request to Ohio's ozone SIP for approval of 
the State's Stage II vapor recovery program. The Stage II program 
requirements apply to sources in the following areas: Cincinnati-
Hamilton; Cleveland-Akron-Lorain; and Dayton-Springfield.
    (i) Incorporation by reference.
    (A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-04, Attainment 
Dates and Compliance Time Schedules, Paragraph (C)(64); effective date 
March 31, 1993.
    (B) OEPA OAC Rule 3745-21-10, Compliance Test Methods and 
Procedures,

[[Page 744]]

Paragraphs (Q), (R), (S), Appendices A, B, C; effective date March 31, 
1993.
    (105) On September 17, 1993, the Ohio Environmental Protection 
Agency requested the redesignation of Lucas and Wood Counties to 
attainment of the National Ambient Air Quality Standard for ozone. To 
meet the redesignation criteria set forth by section 107(d)(3)(E) (iii) 
and (iv), Ohio credited emissions reductions from the enclosure of the 
``oily ditch'' at the British Petroleum Refinery in Oregon, Ohio. The 
USEPA is approving the Director's Finding and Order which requires the 
enclosure of the ``oily ditch'' into the SIP for Lucas and Wood 
Counties.
    (i) Incorporation by reference.
    (A) Letter dated June 2, 1994, from Donald R. Schregardus, Director, 
Ohio Environmental Protection Agency, to Valdas Adamkus, Regional 
Administrator, USEPA, Region 5, and one enclosure which is the revised 
Director's Final Findings and Orders in the matter of BP Oil company, 
Toledo Refinery, 4001 Cedar Point Road, Oregon, Ohio, Fugitive Emissions 
from the Refinery Waste Water System ``Oily Ditch'', effective June 2, 
1994.
    (106) On October 7, 1994, Ohio submitted four rules in Chapter 3745-
71 of the Ohio Administrative Code, entitled ``Lead Emissions,'' and 
submitted a modeling demonstration that the limitations in these rules 
assure attainment of the lead standard in central Cleveland.
    (i) Incorporation by reference. Rules 3745-71-01, 3745-71-03, 3745-
71-05, and 3745-71-06, all adopted September 22, 1994, and effective 
October 4, 1994.
    (ii) Additional material. A submittal letter from the Director of 
the Ohio Environmental Protection Agency, with attachments documenting a 
modeling analysis of lead concentrations near the Master Metals 
secondary lead smelter.
    (107) Approval--On August 17, 1995, the Ohio Environmental 
Protection Agency submitted a revision to the State Implementation Plan 
for general conformity rules. The general conformity rules enable the 
State of Ohio to implement and enforce the Federal general conformity 
requirements in the nonattainment or maintenance areas at the State or 
local level in accordance with 40 CFR part 93, subpart B--Determining 
Conformity of General Federal Actions to State or Federal Implementation 
Plans.
    (i) Incorporation by reference. August 1, 1995, Ohio Administrative 
Code Chapter 3745-102, effective August 21, 1995.
    (108)  [Reserved]
    (109) On July 17, 1995, Ohio submitted a Particulate Matter (PM) 
contingency measures State Implementation Plan (SIP) revision request. 
The submittal includes Final Findings and Orders for 5 companies. The 
Findings and Orders provide PM emission reductions which will take 
effect if an area fails to attain the National Ambient Air Quality 
Standards for PM.
    (i) Incorporation by reference.
    Director's Final Findings and Orders for Ford Motor Company 
(Cleveland Casting Plant), T&B Foundry Company, International Mill 
Service, Luria Brothers, and United Ready Mix, issued by the Ohio 
Environmental Protection Agency on July 10, 1995.
    (110) On November 3, 1995, December 21, 1995, and March 21, 1996, 
OEPA submitted revisions to its particulate matter plan, addressing 
prior deficiencies in its plans for Cuyahoga and Jefferson Counties.
    (i) Incorporation by reference.
    (A) Rule 3745-17-03--Rule 3745-17-03--Measurement methods and 
procedures, effective November 15, 1995.
    (B) Rule 3745-17-04--Compliance time schedules, effective November 
15, 1995.
    (C) Rule 3745-17-12--Additional restrictions on particulate 
emissions from specific air contaminant sources in Cuyahoga County, 
effective November 15, 1995.
    (D) Findings and Orders issued to the Wheeling-Pittsburgh Steel 
Corporation, signed by Donald Schregardus and effective on October 31, 
1995.
    (ii) Additional material--Dispersion modeling analyses for the 
Steubenville area and for Cuyahoga County near Ford's Cleveland Casting 
Plant.

[37 FR 10886, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1870, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Note: 1. At 61 FR 20142, May 6, 1996, Sec. 52.1870 
was amended by adding paragraph (c)(109), effective July 5, 1996.


[[Page 745]]


    2. At 61 FR 24459, May 8, 1996, Sec. 52.1870 was amended by adding 
paragraph (c)(92), effective July 15, 1996.

    3. At 61 FR 29663, June 12, 1996, Sec. 52.1870 was amended by adding 
paragraph (c)(110), effective July 12, 1996.



Sec. 52.1871   Classification of regions.

    The Ohio plan was evaluated on the basis of the following 
classifications:


----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Greater Metropolitan Cleveland Intrastate.................           I          I       III       III          I
Huntington (West Virginia)-Ashland (Kentucky)-Portsmouth-                                                       
 Ironton (Ohio) Interstate................................           I        III       III       III        III
Mansfield-Marion Intrastate...............................          II         II       III       III        III
Metropolitan Cincinnati Interstate........................           I         II       III       III          I
Metropolitan Columbus Intrastate..........................           I        III       III       III          I
Metropolitan Dayton Intrastate............................           I         II       III       III          I
Metropolitan Toledo Interstate............................           I          I       III       III          I
Northwest Ohio Intrastate.................................          II          I       III       III        III
Northwest Pennsylvania-Youngstown Interstate..............           I         II       III       III        III
Parkersburg (West Virginia)-Marietta (Ohio) Interstate....           I         II       III       III        III
Sandusky Intrastate.......................................         III        III       III       III        III
Steubenville-Weirton-Wheeling Interstate..................           I          I       III       III        III
Wilmington-Chillicothe-Logan Intrastate...................         III        III       III       III        III
Zanesville-Cambridge Intrastate...........................          II         IA       III       III        III
----------------------------------------------------------------------------------------------------------------

[37 FR 10886, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45 
FR 72146, Oct. 31, 1980]

Sec. 52.1872  [Reserved]



Sec. 52.1873  Approval status.

    With the exceptions set forth in this subpart the Administrator 
approves Ohio's plan for the attainment and maintenance of the National 
Ambient Air Quality Standards under section 110 of the Clean Air Act. 
Furthermore, the Administrator finds the plan satisfies all the 
requirements of Part D, Title 1 of the Clean Air Act as amended in 1977, 
except as noted below. In addition, continued satisfaction of the 
requirements of Part D for the ozone portion of the SIP depends on the 
adoption and submittal of RACT requirements by January 1, 1981 for the 
sources covered by CTGs between January 1978 and January 1979 and 
adoption and submittal by each subsequent January of additional RACT 
requirements for sources covered by CTGs issued by the previous January.

[45 FR 72146, Oct. 31, 1980, as amended at 47 FR 28099, June 29, 1982]
Sec. 52.1874  [Reserved]



Sec. 52.1875  Attainment dates for achieving the sulfur dioxide secondary standard.

    The attainment date for achieving the sulfur dioxide (SO2) 
secondary national ambient air quality standard (NAAQS) is August 27, 
1979 except as follows. The following sources are required to achieve 
the secondary SO2 NAAQS by June 17, 1980: Youngstown Sheet & Tube 
Co.; PPG Industries, Inc.; Wheeling-Pittsburgh Steel Corp.; Pittsburgh-
Canfield Corporation; The Timken Company; The Sun Oil Co.; Sheller-Globe 
Corp.; The B.F. Goodrich Company; Phillips Petroleum Co.; Shell Oil Co.; 
Federal Paper Board Co.; The Firestone Tire & Rubber Co.; Republic Steel 
Corp.; Chase Bag Co.; White-Westinghouse Corp.; U.S. Steel Corp.; 
Interlake, Inc.; Austin Power Co.; Diamond Crystal Salt Co.; The 
Goodyear Tire & Rubber Co.; The Gulf Oil Co.; The Standard Oil Co.; 
Champion International Corp.; Koppers Co., Inc.; General Motors Corp.; 
E.I. duPont de Nemours and Co.; Coulton Chemical Corp.; Allied Chemical 
Corp.; Specialty Chemical Division; The Hoover Co.;

[[Page 746]]

Aluminum Co. of America; Ohio Greenhouse Asso.; Armco Steel Corp.; 
Buckeye Power, Inc.; Cincinnati Gas and Electric; Cleveland Electric 
Illuminating Co.; Columbus and Southern Ohio Electric; Dayton Power and 
Light Co.; Duquesne Light Co.; Ohio Edison Co.; Ohio Electric Co.; 
Pennsylvania Power Co.; Toledo Edison Co.; Ohio Edison Co.; RCA Rubber 
Co. The Ashland Oil Company is subject to a secondary SO2 NAAQS 
attainment date of September 14, 1982. The following sources located in 
Summit County are required to achieve the secondary SO2 NAAQS by 
January 4, 1983: Diamond Crystal Salt; Firestone Tire & Rubber Co.; 
General Tire & Rubber Co.; General Tire & Rubber; B.F. Goodrich Co.; 
Goodyear Aerospace Corp.; Goodyear Tire & Rubber Co.; Chrysler Corp.; 
PPG Industries Inc.; Seiberling Tire & Rubber; Terex Division of General 
Motors Corp.; Midwest Rubber Reclaiming; Kittinger Supply Co. The boiler 
of PPG Industries, Inc. located in Summit County must achieve attainment 
of the secondary SO2 NAAQS by August 25, 1983. The Portsmouth 
Gaseous Diffusion Plant in Pike County is required to attain the 
secondary SO2 NAAQS by November 5, 1984. The Ohio Power Company 
Galvin Plant located in Gallia County is required to attain the 
secondary SO2 NAAQS by August 25, 1985.

[61 FR 16062, Apr. 11, 1996]
Sec. 52.1876  [Reserved]



Sec. 52.1877   Control strategy: Photochemical oxidants (hydrocarbons).

    (a) The requirements of Subpart G of this chapter are not met 
because the Ohio plan does not provide for the attainment and 
maintenance of the national standard for photochemical oxidants 
(hydrocarbons) in the Metropolitan Cincinnati interstate region by May 
31, 1975.
    (b) The requirements of Sec. 52.14 are not met by Rule 3745-21-
09(N)(3) (a) and (e); Rule 3745-21-09(Z)(1)(a); Rule 3745-21-10, Section 
G; and Rule 3745-21-10, Section H, because these Ohio Rules do not 
provide for attainment and maintenance of the photochemical oxidant 
(hydrocarbon) standards throughout Ohio.
    (1) USEPA is disapproving new exemptions for the use of cutback 
asphalt [(Rule 3745-21-09(N)(3) (a) and (e)], because Ohio did not 
provide documentation regarding the temperature ranges in the additional 
two months that the State permits the use of cutback asphalts, and a 
lack of training is not sufficient reason for the 1000 gallons 
exemptions.
    (2) USEPA is disapproving Section V [Rule 3745-21-09(V)], because it 
contains an alternative leak testing procedure for gasoline tank trucks 
which USEPA finds to be unapprovable.
    (3) USEPA is disapproving exclusion of the external floating roof 
(crude oil) storage tanks from the secondary seal requirement [Rule 
3745-21-09(Z)(1)(a)], because Ohio has not demonstrated that the 
relaxation would not interfere with the timely attainment and 
maintenance of the NAAQS for ozone.
    (4) USEPA is disapproving compliance test method Section G, [Rule 
3745-21-10] as an alternative leak testing procedure for gasoline tank 
trucks, because such action on Section G, is consistent with USEPA's 
action on Rule 3745-21-09(V), which USEPA finds to be unapprovable.
    (5) USEPA is disapproving compliance test method Section H, [Rule 
3745-21-10], which involves a pressure test of only the vapor recovery 
lines and associated equipment. Compliance test method Section H is 
inconsistent with USEPA's control technique guidances and with tank 
truck certification regulations that are in effect in 19 other States. 
In addition, OEPA has presented no acceptable evidence demonstrating why 
this rule constitutes RACT.

[38 FR 30974, Nov. 8, 1973, as amended at 39 FR 13542, Apr. 15, 1974; 51 
FR 40676, Nov. 7, 1986; 54 FR 1940, Jan. 18, 1989]
Sec. 52.1878  [Reserved]



Sec. 52.1879  Review of new sources and modifications.

    (a) The requirements of sections 172, 173, 182, and 189 for 
permitting of major new sources and major modifications in nonattainment 
areas for ozone, particulate matter, sulfur dioxide, and carbon monoxide 
are not met, because Ohio's regulations exempt source categories which 
may not be exempted and because the State has not adopted

[[Page 747]]

the new permitting requirements of the Clean Air Act Amendments of 1990 
in a clear or enforceable manner.
    (b) [Reserved]
    (c) The requirements of Sec. 51.161 of this chapter are not met 
because the State failed to submit procedures providing for public 
comment on review of new or modified stationary sources.
    (d) Regulation providing for public comment. (1) For purposes of 
this paragraph, Director shall mean the Director of the Ohio 
Environmental Protection Agency.
    (2) Prior to approval or disapproval of the construction or 
modification of a stationary source, the Director shall:
    (i) Make a preliminary determination whether construction or 
modification of the stationary source should be approved, approved with 
conditions or disapproved;
    (ii) Make available in at least one location in the region in which 
the proposed stationary source would be constructed or modified, a copy 
of all materials submitted by the owner or operator, a copy of the 
Director's preliminary determination, and a copy or summary of other 
materials, if any, considered by the Director in making his preliminary 
determination; and
    (iii) Notify the public, by prominent advertisement in a newspaper 
of general circulation in the region in which the proposed stationary 
source would be constructed or modified, of the opportunity for public 
comment on the information submitted by the owner or operator and the 
Director's preliminary determination on the approvability of the new or 
modified stationary source.
    (3) A copy of the notice required pursuant to this paragraph shall 
be sent to the Administrator through the appropriate regional office and 
to all other State and local air pollution control agencies having 
jurisdiction within the region where the stationary source will be 
constructed or modified.
    (4) Public comments submitted in writing within 30 days of the date 
such information is made available shall be considered by the Director 
in making his final decision on the application.
    (e) Approval--The USEPA is approving exemption requests submitted by 
the State of Ohio on March 18, November 1, and November 15, 1994, from 
the requirements contained in Section 182(f) of the Clean Air Act. This 
approval exempts the following counties in Ohio from the NOX-
related general and transportation conformity provisions; and 
nonattainment area NSR for new sources and modifications that are major 
for NOX: Clinton, Columbiana, Delaware, Franklin, Jefferson, 
Licking, Mahoning, Preble, Stark, and Trumbull. This approval also 
exempts the following counties in Ohio from the NOX-related general 
conformity provisions, nonattainment area NSR for new sources and 
modifications that are major for NOX, NOX RACT; and a 
demonstration of compliance with the enhanced I/M performance standard 
for NOX: Ashtabula, Butler, Clermont, Cuyahoga, Geauga, Hamilton, 
Lake, Lorain, Medina, Portage, Summit and Warren. If, prior to 
redesignation to attainment, a violation of the ozone NAAQS is monitored 
in the Canton, Cincinnati, Cleveland, Columbus, Youngstown, and 
Steubenville areas, Preble County and Clinton County, the exemptions 
from the requirements of Section 182(f) of the Act in the applicable 
area(s) shall no longer apply.
    (f) Approval--USEPA is approving two exemption requests submitted by 
the Ohio Environmental Protection Agency on September 20, 1993, and 
November 8, 1993, for the Toledo and Dayton ozone nonattainment areas, 
respectively, from the requirements contained in Section 182(f) of the 
Clean Air Act. This approval exempts the Lucas, Wood, Clark, Greene, 
Miami, and Montgomery Counties from the requirements to implement 
reasonably available control technology (RACT) for major sources of 
nitrogen oxides (NOX), nonattainment area new source review (NSR) 
for new sources and modifications that are major for NOX, and the 
NOX-related requirements of the general and transportation 
conformity provisions. For the Dayton ozone nonattainment area, the 
Dayton local area has opted for an enhanced inspection and maintenance 
(I/M) programs. Upon final approval of this exemption, the Clark, 
Greene, Miami, and Montgomery Counties shall not be required to 
demonstrate compliance with the enhanced I/M performance standard for

[[Page 748]]

NOX. If a violation of the ozone NAAQS is monitored in the Toledo 
or Dayton area(s), the exemptions from the requirements of Section 
182(f) of the Act in the applicable area(s) shall no longer apply.

[39 FR 13542, Apr. 15, 1974, as amended at 45 FR 72122, Oct. 31, 1980; 
45 FR 82927, Dec. 17, 1980; 51 FR 40677, Nov. 7, 1986; 58 FR 47214, 
Sept. 8, 1993; 59 FR 48395, Sept. 21, 1994; 60 FR 3766, Jan. 19, 1995; 
60 FR 36060, July 13, 1995]



Sec. 52.1880   Control strategy: Particulate matter.

    (a) The requirements of subpart G of this chapter are not met 
because the Ohio plan does not provide for attainment and maintenance of 
the secondary standards for particulate matter in the Greater 
Metropolitan Cleveland Intrastate Region and the Ohio portions of the 
Northwest Pennsylvania-Youngstown and the Steubenville-Weirton-Wheeling 
Interstate Regions.
    (b) In Pickaway County, Columbus and Southern Ohio Electric Company, 
or any subsequent owner or operator of the Picway Generating Station, 
shall not operate simultaneously Units 3 and 4 (boilers 7 and 8) at any 
time. These units will terminate operation no later than October 1, 
1980.
    (c) Ohio Regulation EP-12 (open burning) is disapproved insofar as 
EP-12-03(D)(1) and EP-12-04(D)(1) allow open burning of hazardous or 
toxic materials.
    (d) Part D--Limited disapproval--Notwithstanding the approval of 
rules as specified in Sec. 52.1870(c)(97), USEPA disapproves the plan 
for Cuyahoga County because the plan fails to require timely 
implementation of reasonably available control measures and fails to 
assure attainment, and USEPA disapproves the plan for Jefferson County 
because the plan fails to assure attainment.
    (e)--(f) [Reserved]
    (g) The B.F. Goodrich Chemical Plant State Implementation Plan 
revision is being disapproved because it is not supported by an adequate 
attainment demonstration and therefore does not meet the requirements of 
Sec. 51.13(e).
    (h) Approval. On January 4, 1989, the State of Ohio submitted a 
committal SIP for particulate matter with an aerodynamic diameter equal 
to or less than 10 micrometers (PM10) for Ohio's Group II areas. 
The Group II areas of concern are in Belmont, Butler, Columbiana, 
Franklin, Hamilton, Lorain, Mahoning, Montgomery, Richland, Sandusky, 
Scioto, Seneca, Stark, Summit, Trumbull, and Wyandot Counties. The 
committal SIP contains all the requirements identified in the July 1, 
1987, promulgation of the SIP requirements for PM10 at 52 FR 24681.
    (i) Part D--Disapproval--Ohio's Part D TSP plan for the Middletown 
area is disapproved. Although USEPA is disapproving the plan, the 
emission limitations and other requirements in the federally approved 
SIP remain in effect. See Sec. 52.1870(c)(27).

[39 FR 13542, Apr. 15, 1974, as amended at 43 FR 4259, Feb. 1, 1978; 43 
FR 4611, Feb. 3, 1978; 43 FR 16736, Apr. 20, 1978; 46 FR 19472, Mar. 31, 
1981; 46 FR 43423, Aug. 28, 1981; 49 FR 48544, Dec. 13, 1984; 50 FR 
5250, Feb. 7, 1985; 51 FR 40676, Nov. 7, 1986; 55 FR 11371, Mar. 28, 
1990; 55 FR 29846, July 23, 1990; 59 FR 27472, May 27, 1994]



Sec. 52.1881  Control strategy: Sulfur oxides (sulfur dioxide).

    (a) USEPA is approving, disapproving or taking no action on various 
portions of the Ohio sulfur dioxide control plan as noticed below. The 
disapproved portions of the Ohio plan do not meet the requirements of 
Sec. 51.13 of this chapter in that they do not provide for attainment 
and maintenance of the national standards for sulfur oxides (sulfur 
dioxide). (Where USEPA has approved the State's sulfur dioxide plan, 
those regulations supersede the federal sulfur dioxide plan contained in 
paragraph (b) of this section and Sec. 52.1882.)
    (1) Approval--USEPA approves the following OAC Rule: 3745-18-01 
Definitions, 3745-18-02 Ambient Air Quality Standards-Sulfur Dioxide, 
3745-18-05 Ambient and Meteorological Monitoring Requirements, 3745-18-
06 General Emission Limit Provisions.
    (2) Approval--USEPA approves the Ohio Rules 3745-18-03 Attainment 
Dates and Compliance Time Schedules except for those provisions listed 
in Sec. 52.1881(a)(5).
    (3) Approval-USEPA approves the Ohio Rules 3745-18-04 Emission 
Measurement Methods except for those provisions listed in 
Sec. 52.1881(a)(6).

[[Page 749]]

    (4) Approval--USEPA approves the sulfur dioxide emission limits for 
the following counties:

    Adams County (except Dayton Power & Light--Stuart), Allen County 
(except Cairo Chemical), Ashland County, Ashtabula County, Athens 
County, Auglaize County, Belmont County, Brown County, Carroll County, 
Champaign County, Clark County, Clermont County,(except Cincinnati Gas & 
Electric--Beckjord), Clinton County, Columbiana County, Coshocton County 
(except Columbus & Southern Ohio Electric--Conesville), Crawford County, 
Darke County, Defiance County, Delaware County, Erie County, Fairfield 
County, Fayette County, Fulton County, Gallia County, (except Ohio 
Valley Electric Company--Kyger Creek and Ohio Power--Gavin), Geauga 
County, Greene County, Guernsey County, Hamilton County, Hancock County, 
Hardin County, Harrison County, Henry County, Highland County, Hocking 
County, Holmes County, Huron County, Jackson County, Jefferson County, 
Knox County, Lake County (except Ohio Rubber, Cleveland Electric 
Illuminating Company--Eastlake, and Painesville Municipal Boiler 5), 
Lawrence County (except Allied Chemical--South Point), Licking County, 
Logan County, Lorain County (except Ohio Edison--Edgewater, Cleveland 
Electric Illuminating--Avon Lake, U.S. Steel--Lorain, and B.F. 
Goodrich), Lucas County (except Gulf Oil Company, Coulton Chemical 
Company, Phillips Chemical Company and Sun Oil Company), Madison County, 
Marion County, Medina County, Meigs County, Mercer County, Miami County, 
Monroe County, Morgan County, Montgomery County (except Bergstrom Paper 
and Miami Paper), and Bergstrom Paper), Morrow County, Muskingum County, 
Noble County, Ottawa County, Paulding County, Perry County, Pickaway 
County, Pike County (except Portsmouth Gaseous Diffusion Plant), Portage 
County, Preble County, Putnam County, Richland County, Ross County 
(except Mead Corporation), Sandusky County (except Martin Marietta 
Chemicals), Scioto County, Seneca County, Shelby County, Trumbull 
County, Tuscarawas County, Union County, Van Wert County, Vinton County, 
Warren County, Washington County (except Shell Chemical), Wayne County, 
Williams County, Wood County (except Libbey-Owens-Ford Plants Nos. 4 and 
8 and No. 6), and Wyandot County.

    (5) Disapproval--USEPA disapproves the Ohio Rule 3745-18-03(A), 
Attainment Dates and also disapproves Ohio Rule 3745-18-03(C)(3) 
Compliance Time Schedules for all sources electing to comply with the 
regulations by utilizing complying fuels.
    (6) No Action--USEPA is neither approving nor disapproving the 
following Ohio Rule pending further review: 3745-18-04(D)(2), 3745-18-
04(D)(3), 3745-18-04(E)(2), 3745-18-04(E)(3) and, 3745-18-04(E)(4) 
Emission Measurement Methods.
    (7) Disapproval--USEPA disapproves Ohio Rule 3745-18-83, Emission 
Limitations for Summit County.
    (8) No Action--USEPA is neither approving nor disapproving the 
emission limitations for the following counties on sources pending 
further review:

    Adams County (Dayton Power & Light--Stuart), Allen County (Cairo 
Chemical), Butler County, Clermont County (Cincinnati Gas & Electric--
Beckjord), Coshocton County (Columbus & Southern Ohio Electric--
Conesville), Cuyahoga County, Franklin County, Gallia County (Ohio 
Valley Electric Company--Kyger Creek, and Ohio Power--Gavin), Lake 
County (Ohio Rubber, Cleveland Electric Illuminating Company--Eastlake, 
and Painesville Municipal--Boiler 5), Lawrence County (Allied 
Chemical--South Point), Lorain County (Ohio Edison--Edgewater Plant, 
Cleveland Electric Illuminating Avon Lake, U.S. Steel--Lorain, and B.F. 
Goodrich) Lucas County (Gulf Oil Company, Coulton Chemical Company, 
Phillips Chemical Company and Sun Oil Company), Mahoning County, 
Montgomery County (Bergstrom Paper and Miami Paper), Pike County 
(Portsmouth Gaseous Diffusion Plant), Stark County, Washington County 
(Shell Chemical Company), and Wood County (Libbey-Owens-Ford Plants Nos. 
4 and 8 and No. 6).

    (9) No Action--USEPA takes no action on the 30-day averaging 
provisions contained in the Toledo Edison Company's Bay Shore Station 
State Implementation Plan revision until a general review of 30-day 
averaging is complete.
    (10) Approval--USEPA approves Condition 3 of the permits for the 
Coulton Chemical Plant in Toledo and the E.I. duPont de Nemours and 
Company plant in Miami, Ohio. This condition requires the installation 
and operation of continuous emission monitors for sulfur dioxide.
    (11) Approval. USEPA approves Ohio's Good Engineering Stack Height 
Regulations as contained in Ohio Administrative Code Chapter 3745-16-01 
and 02. These rules were adopted by the State on February 12, 1986 and 
were effective on March 5, 1986.

[[Page 750]]

    (12) In a letter dated June 25, 1992, Ohio submitted a maintenance 
plan for sulfur dioxide in Morgan and Washington Counties.
    (b) Regulations for the control of sulfur dioxide in the State of 
Ohio.
    (1) Definitions. All terms used in this paragraph but not 
specifically defined below shall have the meaning given them in the 
Clean Air Act or parts 51, 52, or 60 of this chapter.
    (i) By-product coke oven gas means the gas produced during the 
production of metallurgical coke in slot-type, by-product coke 
batteries.
    (ii) Flue gas desulfurization means any pollution control process 
which treats stationary source combustion flue gas to remove sulfur 
oxides.
    (iii) Fossil fuel means natural gas, refinery fuel gas, coke oven 
gas, petroleum, coal and any form of solid, liquid, or gaseous fuel 
derived from such materials.
    (iv) Fossil fuel-fired steam generating unit means a furnace or 
boiler used in the process of burning fossil fuel for the purpose of 
producing steam by heat transfer.
    (v) Heat input means the total gross calorific value (where gross 
calorific value is measured by ASTM Method D2015-66, D240-64, or D1826-
64) of all fossil and non-fossil fuels burned. Where two or more fossil 
fuel-fired steam generating units are vented to the same stack the heat 
input shall be the aggregate of all units vented to the stack.
    (vi) Owner or operator means any person who owns, leases, operates, 
controls, or supervises a facility, building, structure, or installation 
which directly or indirectly results or may result in emissions of any 
air pollutant for which a national standard is in effect.
    (vii) Primary zinc smelter means any installation engaged in the 
production, or any intermediate process in the production, of zinc or 
zinc oxide from the zinc sulfide ore concentrates through the use of 
pyrometallurgical techniques.
    (viii) Process means any source operation including any equipment, 
devices, or contrivances and all appurtenances thereto, for changing any 
material whatever or for storage or handling of any materials, the use 
of which may cause the discharge oons within a structure, building, or 
shop shall be considered as a single process for purposes of this 
regulation.
    (ix) Process weight means the total weight of all materials and 
solid fuels introduced into any specific process. Liquid and gaseous 
fuels and combustion air will not be considered as part of the process 
weight unless they become part of the product. For a cyclical or batch 
operation, the process weight per hour will be derived by dividing the 
total process weight by the number of hours from the beginning of any 
given process to the completion thereof, excluding any time during which 
the equipment is idle. For a continuous operation, the process weight 
per hour will be derived by dividing the process weight for the number 
of hours in a given period of time by the number of hours in that 
period. For fluid catalytic cracking units, process weight shall mean 
the total weight of material introduced as fresh feed to the cracking 
unit. For sulfuric acid production units, the nitrogen in the air feed 
shall not be included in the calculation of process weight.
    (x) Run means the net period of time during which an emission sample 
is collected. Unless otherwise specified, a run may be either 
intermittent or continuous within the limits of good engineering 
practice as determined by the Administrator.
    (xi) Source operation means the last operation preceding the 
emission of an air contaminant, which operation (a) results in the 
separation of the air contaminant from process materials or in the 
conversion of the process materials into air contaminants, as in the 
case of combustion of fuel; and (b) is not primarily an air pollution 
abatement operation.
    (xii) Stack means any chimney, flue, vent, roof monitor, conduit or 
duct arranged to vent emissions to the ambient air.
    (xiii) Sulfur recovery plant means any plant that recovers elemental 
sulfur from any gas stream.
    (xiv) Sulfuric acid production unit means any facility producing 
sulfuric acid by the contact process by burning

[[Page 751]]

elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides 
and mercaptans, or acid sludge.
    (xv) Total rated capacity means the sum of the rated capacities of 
all fuel-burning equipment connected to a common stack. The rated 
capacity shall be the maximum guaranteed by the equipment manufacturer 
or the maximum normally achieved during use as determined by the 
Administrator, whichever is greater.
    (2) Test methods and procedures. Unless specified below, the test 
methods and procedures used for determining compliance with the 
applicable paragraphs of Sec. 52.1881(b) shall be those prescribed in 
part 60 of this chapter. Compliance tests shall be conducted under such 
conditions as the Administrator shall specify based on representative 
performance of the affected facility. Notification and recordkeeping 
procedures shall be those prescribed in Sec. 60.7 of this chapter. The 
owner or operator shall make available to the Administrator such records 
as may be necessary to determine the conditions of the performance 
tests. A compliance test shall consist of at least three runs.
    (i) The test methods and procedures used for determining compliance 
for any sulfur recovery plant subject to applicable paragraph, of 
Sec. 52.1881(b) shall be those prescribed in Sec. 60.46 of this chapter 
with the exception that the maximum amount of sulfur dioxide sampled by 
Method 6 shall not exceed 50 percent of the stoichiometric amount of 
hydrogen peroxide absorbent.
    (ii) The test methods and procedures used for determining compliance 
for any sulfuric acid production unit, or any primary zinc smelter 
subject to the applicable paragraphs of Sec. 52.1881(b) shall be those 
prescribed in Sec. 60.85 of this chapter.
    (iii) The test methods and procedure used to determine the 
compliance of any stack venting any fossil fuel-fired steam generating 
units subject to the applicable paragraphs of Sec. 52.1881(b) shall be 
those prescribed in Sec. 60.46 of this chapter.
    (3) Severability. If any provision of these regulations or the 
application thereof to any person or circumstances is held to be 
invalid, such invalidity shall not affect other provisions or 
application of any other part of these regulations which can be given 
effect without the invalid provisions or application, and to this end 
the provisions of these regulations and the various applications thereof 
are declared to be severable.
    (4) Submission of information. The submission of any information 
required under Sec. 52.1882 shall be made to the Director, Enforcement 
Division, U.S. Environmental Protection Agency, Region V, 230 South 
Dearborn, Chicago, Illinois, 60604, Attention Air Compliance Section.
    (5) For purposes of this regulation, stack and boiler identification 
numbers used in this paragraph were derived from correspondence 
submitted to the U.S. EPA by the affected owners or operators, and may 
be found in the record supporting this rulemaking.
    (6) This paragraph contains no applicable provisions in the 
following counties of Ohio: Ashland, Brown, Carroll, Champaign, Clinton, 
Darke, Defiance, Fayette, Fulton, Geauga, Guernsey, Hardin, Harrison, 
Highland, Hocking, Holmes, Jackson, Knox, Logan, Madison, Monroe, 
Morrow, Noble, Perry, Portage, Preble, Putnam, Shelby, Union, Van Wert, 
Warren, Williams, and Wyandot, nor does it apply to facilities equal to 
or less than 10 million BTU per hour total aggregate rated capacity of 
all units at a facility.
    (7)-(10) [Reserved]
    (11) In Adams County: (i) The Dayton Power and Light Company or any 
subsequent owner or operator of the Stuart Power Plant in Adams County, 
Ohio shall not cause or permit the emission of sulfur dioxide from any 
stack at the Stuart Plant in excess of 3.16 pounds of sulfur dioxide per 
million BTU actual heat input.
    (ii) In lieu of meeting paragraph (b)(11)(i) of this section, the 
Dayton Power and Light Company may elect, in accordance with the 
compliance schedule provisions of Sec. 52.1882, to comply with the 
emission limitations which will satisfy the following equation:

     (A) 0.0791 (EL1+EL2+EL3+EL4) 31

where EL1 is the emission limitation (pounds per million BTU) per 
stack i and i is the stack number. For purposes

[[Page 752]]

of this regulation, each stack is identified as follows:

------------------------------------------------------------------------
                                                              Boiler    
                        Stack No.                         identification
------------------------------------------------------------------------
1.......................................................             1  
2.......................................................             2  
3.......................................................             3  
4.......................................................             4  
------------------------------------------------------------------------

    (12) In Butler County: (i) No present or subsequent owner or 
operator unless otherwise specified in this subparagraph, of any fossil 
fuel-fired steam generating unit(s) located in Butler County, Ohio shall 
cause or permit sulfur dioxide emissions from any stack in excess of 
1.40 pounds of sulfur dioxide per million BTU actual heat input. The 
fossil fuel-fired steam generating units at General Motors Corporation's 
Butler County plant, Armco's Hamilton plant, and Armco's Middetown plant 
are all exempted from this emission limitation in this subparagraph.
    (ii) USEPA has rescinded the sulfur and sulfur dioxide emission 
limits for owners or operators of by-product coke ovens located in 
Butler County.
    (iii) USEPA has rescinded the sulfur and sulfur dioxide emission 
limits for Armco Steel Company's Hamilton Plant located in Butler 
County.
    (iv) USEPA has rescinded the sulfur dioxide emission limits for 
Armco Steel Company's Middletown Plant located in Butler County.
    (v) The Champion Paper Company or any subsequent owner or operator 
of the Champion Paper facilities located in Butler County, Ohio shall 
not cause or permit emissions of sulfur dioxide from fossil fuel-fired 
steam-generating units numbered B010 and B020 in excess of 3.43 pounds 
of sulfur dioxide per million BTU actual heat input.
    (13) In Clermont County: (i) The Cincinnati Gas & Electric Company 
or any subsequent owner or operator of the Beckjord Power Plant in 
Clermont County, Ohio, shall not cause or permit the emission of sulfur 
dioxide from any stack at the Beckjord plant in excess of 2.02 pounds of 
sulfur dioxide per million BTU actual heat input.
    (ii) In lieu of paragraph (b)(19)(i) of this section, the Cincinnati 
Gas and Electric Company may elect, in accordance with the compliance 
schedule provisions of Sec. 52.1882, to comply with the emission 
limitations which will satisfy all of the following equations:

(A) 0.1426 EL1+0.1629 EL2+0.0667 EL3 +0.0823 
EL4+0.0122 EL51
(B) 0.1252 EL1+0.1349 EL2+0.1003 EL3+0.1192 
EL4+0.0155 EL5 1
(C) 0.0337 EL1+0.0353 EL2+0.0382 EL3+0.0451 
EL4+0.0709 EL51
(D) 0.1334 EL1+0.1492 EL2+0.0740 EL3 +0.0904 
EL4+0.0247 EL51
(E) 0.0249 EL1+0.0257 EL2+0.0283 EL3 +0.0332 
EL4+0.0841 EL51

where EL1 is the emission limitation (pounds per million BTU) per 
stack i and i is the stack number. For purposes of this regulation each 
stack is identified as follows:

------------------------------------------------------------------------
                                                              Boiler    
                        Stack No.                         identification
------------------------------------------------------------------------
1.......................................................             1  
2.......................................................             2  
3.......................................................             3  
4.......................................................             4  
5.......................................................          5, 6  
------------------------------------------------------------------------

    (14) In Coshocton County: (i) The Columbus and Southern Ohio Power 
Company or any subsequent owner or operator of the Conesville Plant in 
Coshocton County, Ohio shall not cause or permit the emission of sulfur 
dioxide from any of the stacks 1, 2, and 3 at the Conesville Plant in 
excess of 5.66 pounds of sulfur dioxide per million BTU actual heat 
input. Stack 4 at the Conesville Plant is subject to New Source 
Performance Standards and is limited to 1.2 pounds of sulfur dioxide per 
million BTU actual heat input.
    (ii) In lieu of meeting paragraph (b)(21)(i) of this section, the 
Columbus and Southern Ohio Power Company may elect for stacks 1, 2, and 
3 only, in accordance with the compliance schedule provision of 
Sec. 52.182, to comply with the emission limitations which will satisfy 
all of the following equations:

(A) 0.0677 (EL1+0.0411 EL2)+0.0065 EL31
(B) 0.0707 (EL1+0.0730 EL2)+0.0011 EL31
(C) 0.0623 (EL1+0.0767 EL2)+0.0013 EL31
(D) 0.0565 (EL1+0.0337 EL2)+0.0866 EL31
(E) 0.0401 (EL1+0.0683 EL2)+0.0026 EL31
(F) 0.0410 (EL1+0.1021 EL2)+0.0 EL31

where EL1 is the emission limitation (pounds per million BTU) per 
stack i, and i is the stack number. For purposes of this regulation each 
stack is identified as follows:

[[Page 753]]



------------------------------------------------------------------------
                                                              Boiler    
                        Stack No.                         identification
------------------------------------------------------------------------
1.......................................................          1, 2  
2.......................................................             3  
3.......................................................             4  
4.......................................................          5, 6  
------------------------------------------------------------------------

    (15) In Cuyahoga County, no owner or operator, unless otherwise 
specified in this subparagraph, shall cause or permit emission of sulfur 
dioxide from any stack in excess of the rates specified in paragraphs 
(b)(23) (i) and (ii) of this section.
    (i) For fossil fuel-fired steam generating units between 10.0 
MMBTU's per hour and 350 MMBTU's per hour total rated capacity of heat 
input, the emission rate in pounds of sulfur dioxide per million BTU of 
actual heat input shall be calculated by the following equation:

EL = 7.014 Qm-0.3014

where Qm is the total rated capacity of heat input in million BTU 
per hour and EL is the allowable emission rate in pounds of sulfur 
dioxide per million BTU actual heat input.
    (ii) For fossil fuel-fired units equal to or greater than 350 MMBTU 
per hour total rated capacity, the emission shall not exceed a rate of 
1.20 pounds of sulfur dioxide per MMBTU of actual heat input.
    (iii) The ``E.I. DuPont de Nemours and Company'' or any subsequent 
owner or operator of the ``E.I. DuPont de Nemours and Company'' facility 
located at 2981 Independence Road, Cleveland, Ohio, shall not cause or 
permit the following source to violate the limitation indicated:
    (A) Sulfur burning contact process a maximum of 0.00 pounds of 
sulfur dioxide per ton of one hundred percent acid produced.
    (B) (Reserved)
    (iv) Master Metals Incorporated or any subsequent owner or operator 
of the ``Master Metals Incorporated'' facility located at 2850 West 
Third, Cleveland, Ohio, shall not cause or permit the emission of sulfur 
dioxide from the following sources to exceed the amounts indicated:
    (A) Blast furnace process; a maximum of 0.00 pounds of sulfur 
dioxide per ton of metal charged.
    (B) Reverb furnace process; a maximum of 10.00 pounds of sulfur 
dioxide per ton of metal charged.
    (v) Centerior Energy Corporation, or any subsequent owner or 
operator of the ``Centerior Energy Corporation, Steam Heating Plant'' 
facility located at 2274 Canal Road, Cleveland, Ohio, shall not cause or 
permit the emission of sulfur dioxide from Boiler Numbers 34 through 38 
to exceed a maximum of 1.38 pounds of sulfur dioxide per MMBTU actual 
heat input from each boiler.
    (vi) Centerior Energy Corporation, or any subsequent owner or 
operator of the ``Centerior Energy Corporation, Steam Heating Plant'' 
facility located at 1901 Hamilton Avenue, Cleveland, Ohio, shall not 
cause or permit the emission of sulfur dioxide from Boiler Number 1 
through 6 to exceed a maximum of 1.00 pounds of sulfur dioxide per MMBTU 
actual heat input from each boiler.
    (vii) Forest City Foundries, or any subsequent owner or operator of 
the ``Forest City Foundries'' facility located at 9401 Maywood Avenue, 
Cleveland, Ohio, shall not cause or permit the emission of sulfur 
dioxide from the following sources to exceed the amounts indicated:
    (A) Number 1 Cupola-North; a maximum of 0.00 pounds of sulfur 
dioxide per ton of metal charged.
    (B) Number 2 Cupola-South a maximum of 0.00 pounds of sulfur dioxide 
per ton of metal charged.
    (viii) Forest City Foundries, or any subsequent owner or operator of 
the ``Forest City Foundries'' facility located at 2500 West 27th Street, 
Cleveland, Ohio, shall not cause or permit the emission of sulfur 
dioxide from the following sources to exceed the amounts indicated:
    (A) Number 1 Cupola; a maximum of 0.00 pounds of sulfur dioxide per 
ton of metal charged.
    (B) Number 2 Cupola; a maximum of 0.00 pounds of sulfur dioxide per 
ton of metal charged.
    (ix) Harshaw Chemical Company, or any subsequent owner or operator 
of the ``Harshaw Chemical Company'' facility located at 1000 Harvard 
Avenue, Cleveland, Ohio, shall not cause or permit the emission of 
sulfur dioxide from

[[Page 754]]

the following sources to exceed the amounts indicated:
    (A) Process Buss System; a maximum of 19.00 pounds of sulfur dioxide 
per ton of acid produced.
    (B) (Reserved)
    (x) Metal Blast, Incorporated, or any subsequent owner or operator 
of ``Metal Blast, Incorporated'' facility located at 871 East 67th 
Street, Cleveland, Ohio, shall not cause or permit the emission of 
sulfur dioxide from the Whiting Model Number 7 Cupola to exceed a 
maximum of 0.00 pounds of sulfur dioxide per ton of metal charged.
    (xi) LTV Steel Company, Inc., or any subsequent owner or operator of 
the ``LTV Steel Company, Inc.'' facility located at 3100 East 45th 
Street, Cleveland, Ohio, shall not cause or permit the emission of 
sulfur dioxide from the following sources to exceed the limitations 
indicated below and/or shall be restricted to specified fuel usages as 
indicated below:
    (A) Boiler 234; Boiler 26, Boiler 27; Boiler 28; Boiler 29; Boiler 
30; Boiler 31; Boiler 32; Boiler 33; Boiler 34; Stoves for Blast 
Furnaces C-1, C-2, C-3, C-4; 80'' Hot Strip Mill Furnace 1, 2, 3; 84'' 
Anneal Furnaces North and South; P Anneal Furnaces 1-4; and Coke Plant 
No. 2 Car Thaw: A maximum of 0.024 pounds of sulfur dioxide per MMBTU 
actual heat input from each stack, and each boiler is restricted to only 
burn natural gas and/or blast furnace gas.
    (B) Boilers A, B and C: A maximum of 0.99 pounds of sulfur dioxide 
per MMBTU actual heat input from each boiler, and a maximum total 
emissions from the three boilers combined of 828 pounds of sulfur 
dioxide per hour (daily average).
    (C) Boiler D: A maximum of 2.45 pounds of sulfur dioxide per MMBTU 
actual heat input and 1056 pounds of sulfur dioxide per hour (daily 
average).
    (D) Boilers A-D: A maximum total emissions from the four boilers 
combined of 1258 pounds of sulfur dioxide per hour (daily average).
    (E) Boiler 1 and 2: A maximum of 1.64 pounds of sulfur dioxide per 
MMBTU of actual heat input, and a maximum total emissions from the two 
boilers combined of 315 pounds of sulfur dioxide per hour (daily 
average).
    (F) Boiler 3: A maximum of 2.39 pounds of sulfur dioxide per MMBTU 
of actual heat and 686 pounds of sulfur dioxide per hour (daily 
average).
    (G) Boilers A-D, 1-3: A maximum total emissions from the seven 
boilers combined of 1958 pounds of sulfur dioxide per hour (daily 
average).
    (H) 84'' Hot Strip Mill Furnaces 1, 2, and 3: A maximum of 1.26 
pounds of sulfur dioxide per MMBTU of actual heat input from each 
furnace, and a maximum total emissions from the three furnaces combined 
of 1365 pounds of sulfur dioxide per hour (daily average).
    (I) Stoves of Blast Furnaces C-5 and C-6: A maximum of 0.15 pounds 
of sulfur dioxide per MMBTU of actual heat input.
    (J) Coke Batteries 1, 2, 3 and 4 Underfiring: 44'' Soaking Pits 2-6; 
45'' Soaking Pits 11-15; No. 2 BOF; Foundry; and Coke Plant No. 1 Car 
Thaw: A maximum of 0.10 pounds of sulfur dioxide per MMBTU actual heat 
input (20 grains or less of hydrogen sulfide per 100 cubic feet of coke 
oven gas at standard conditions) from each stack.
    (K) Coke Batteries 6 and 7 Underfiring: A maximum of 1.98 pounds of 
sulfur dioxide per MMBTU of actual heat input (390 grains of hydrogen 
sulfide per 100 cubic feet of coke oven gas at standard conditions) from 
each stack.
    (L) No. 2 Coke Plant: Coke oven gas produced by the Coke Batteries 
Numbers 6 and 7 shall have a maximum of 390 grains of hydrogen sulfide 
per hundred dry standard cubic feet, and the total production of 
hydrogen sulfide in coke oven gas from the two batteries combined shall 
be a maximum of 470 pounds of hydrogen sulfide per hour (daily average).
    (M) Fuel Oil Quality: Fuel oil combusted at the facility shall have 
a maximum of 0.525 pounds of sulfur per MMBTU heat content.
    (N) Claus Desulfurization Plant: A maximum of 78 pounds of sulfur 
dioxide per hour.
    (O) 10'' Bar Mill; 12'' Bar Mill; Open Hearth Plant; 96'' Slab Mill, 
Units 1-5; Sinter Plant: A maximum of 0.00 pounds of sulfur dioxide per 
MMBTU actual heat input.

[[Page 755]]

    (P) LTV Steel Company, Inc., shall collect and record the following 
information:
    (1) Amounts of individual coke oven gas from the No. 1 Coke Plant, 
coke oven gas from the No. 2 Coke Plant, blast furnace gas, fuel oil, 
coal, and natural gas used for each day at each facility listed in 
paragraphs (b)(23)(xiv)(B) through (b)(23)(xiv)(H) of this section, and 
total production of coke oven gas from Number 2 Coke Plant.
    (2) Daily average sulfur content and heating value for coal and oil 
used each day during each calendar quarter, as determined in accordance 
with 40 CFR part 60, Appendix A, Method 19, section 2, or equivalent 
methods approved by the Administrator.
    (3) Daily average hydrogen sulfide content for coke oven gas used 
each day during each calendar quarter, as determined in accordance with 
40 CFR part 60, appendix A, Method 11, or equivalent methods approved by 
the Administrator.
    (4) Daily average sulfur content and heating value of blast furnace 
gas and natural gas shall be based upon testing performed once during 
each calendar quarter.
    (5) Calculated sulfur dioxide emissions in pounds per MMBTU and 
pounds per hour using the information in paragraphs (b)(23)(xiv)(P)(1) 
through (b)(23)(xiv)(P)(4) at the facilities listed in paragraphs 
(b)(23)(xiv)(B) through (b)(23)(xiv)(H) of this section for each day.
    (6) Calculated total hydrogen sulfide content of coke oven gas 
supplied by Number 2 Coke Plant.
    (Q) Compliance with the provisions of paragraphs (b)(23)(xiv)(B) 
through (b)(23)(xiv)(H), (b)(23)(xiv)(L), and (b)(23)(xiv)(M) of this 
section shall be determined based on:
    (1) Stack gas sampling, as specified in 40 CFR 60.46 (See 
Sec. 52.1881 (b)(2)); or
    (2) Information developed pursuant to paragraph (b)(23)(xiv)(P) of 
this section.

A finding of noncompliance by one of these methods cannot be refuted by 
a showing of compliance by the other method.
    (R) Compliance with the provisions of all other paragraphs shall be 
determined based on stack gas sampling, as specified in 40 CFR 60.46 
(See Sec. 52.1881(b)(2)).
    (S) LTV Steel Company, Inc. shall submit a written report to the 
U.S. Environmental Protection Agency, Region 5, within 30 days after the 
end of each calendar quarter which contains a description of each day 
during which the recorded sulfur dioxide, hydrogen sulfide, or fuel 
exceeded the pounds of sulfur dioxide per MMBTU, pounds of sulfur 
dioxide per hour, grains of hydrogen sulfide per 100 cubic feet, or 
total hydrogen sulfide production limits listed in paragraphs 
(b)(23)(xiv)(B) through (b)(23)(xiv)(H) and (b)(23)(xiv)(L) of this 
section. For each instance in which the applicable limit was exceeded, 
the report shall provide:
    (1) The date of each excursion;
    (2) The magnitude of the excursion;
    (3) A statement identifying the probable cause or causes of the 
excursion; and
    (4) A description of any corrective actions taken to prevent or 
mitigate the excursion.

The report shall also address any periods of measurement (or recording) 
system malfunction and, if appropriate, shall state that there are no 
instances of any excursion during the reporting period.
    (xii) Aluminum Company of America, or any subsequent owner or 
operator of the ``Aluminum Company of America'' facility located at 1600 
Harvard Avenue, Cuyahoga Heights, Ohio, shall not cause or permit the 
emission of sulfur dioxide from Boiler Numbers 1 through 5 to exceed a 
maximum of 5.2 pounds of sulfur dioxide per MMBTU actual heat input from 
each boiler.
    (xiii) Standard Oil Company (Ohio), or any subsequent owner or 
operator of the ``Standard Oil Company (Ohio), Cleveland Asphalt Plant'' 
facility located at 2635 Broadway Avenue, Cleveland, Ohio, shall not 
cause or permit the emission of sulfur dioxide from Boiler Numbers 7, 9, 
and 10 to exceed 0.00 pounds of sulfur dioxide per MMBTU actual heat 
input from each boiler.
    (xiv) Medical Center Company, or any subsequent owner or operator of 
the ``Medical Center Company'' facility located at 2250 Circle Drive, 
Cleveland,

[[Page 756]]

Ohio, shall not cause or permit the following sources to violate the 
limitations indicated:
    (A) Boiler Numbers 1 and 2 shall only burn natural gas.
    (B) Boiler Numbers 3, 4, 7 and 8 are limited to a maximum of 4.6 
pounds of sulfur dioxide per MMBTU actual heat input from each boiler.
    (xv) Hupp, Incorporated, or any subsequent owner or operator of the 
``Hupp, Incorporated'' facility located at 1135 Ivanhoe Road, Cleveland, 
Ohio, shall not cause or permit the emission of sulfur dioxide from 
Boiler Numbers 1 through 3 to exceed a maximum of 3.50 pounds of sulfur 
dioxide per MMBTU actual heat input from each boiler.
    (xvi) The Cleveland Water Department, or any subsequent owner or 
operator of the ``Cleveland Water Department, Division Pumping Station'' 
facility located at 1245 West 45th Street, Cleveland, Ohio, shall not 
cause or permit the emission of sulfur dioxide from Boiler Numbers 1 
through 6 to exceed 4.20 pounds of sulfur dioxide per MMBTU actual heat 
input from each boiler.
    (xvii) Ford Motor Company, or any subsequent owner or operator of 
the ``Ford Motor Company, Cleveland Engine Plant Number 2'' facility 
located at 18300 Five Points Road, Brookpark, Ohio, shall not cause or 
permit the emission of sulfur dioxide from Boilers Numbers 1 through 5 
to exceed a maximum of 4.2 pounds of sulfur dioxide per MMBTU actual 
heat input from each boiler.
    (xviii) Ford Motor Company, or any subsequent owner or operator of 
the ``Ford Motor Company, Cleveland Casting Plant'' facility located at 
5600 Engle Road, Brookpark, Ohio, shall not cause or permit the emission 
of sulfur dioxide from each of Numbers 1 through 7 Cupola to exceed a 
maximum of 6.00 pounds of sulfur dioxide per ton of actual process 
weight input.
    (xix) Chase Bag Company, or any subsequent owner or operator of the 
``Chase Bag Company'' located at 218 Cleveland Street, Chagrin Falls, 
Ohio, shall not cause or permit the emission of sulfur dioxide from 
Boiler Numbers 1 and 2 to exceed a maximum of 4.20 pounds of sulfur 
dioxide per MMBTU actual heat input from each boiler.
    (xx) General Electric Company or any subsequent owner or operator of 
the ``General Electric Power Plant'' facility located at Nela Park, East 
Cleveland, Ohio, shall not cause or permit the emission of sulfur 
dioxide from Boiler Numbers 1 and 4 to exceed a maximum of 1.60 pounds 
of sulfur dioxide per MMBTU actual heat input from each boiler.
    (xxi) General Electric Company, or any subsequent owner or operator 
of the ``General Electric Company'' facility located at 21800 Tungsten 
Road, Euclid, Ohio, shall not cause or permit the emission of sulfur 
dioxide from the following sources to exceed the amounts indicated:
    (A) Boiler Number 1; a maximum of 1.00 pounds of sulfur dioxide per 
MMBTU actual heat input from each boiler.
    (B) Boiler Number 4; a maximum of 1.60 pounds of sulfur dioxide per 
MMBTU actual heat input from each boiler.
    (xxii) Addressograph Multigraph or any subsequent owner or operator 
of the ``Addressograph Multigraph'' facility located at 1200 Babbitt 
Road, Euclid, Ohio, shall not cause or permit the emission of sulfur 
dioxide from Boiler Numbers 1 through 3 to exceed a maximum of 0.00 
pounds of sulfur dioxide per MMBTU actual heat input from each boiler.
    (xxiii) Allied Chemical Corporation, or any subsequent owner or 
operator of the ``Allied Chemical Corporation'' facility located at 5000 
Warner Road, Garfield Heights, Ohio, shall not cause or permit the 
emission of sulfur dioxide from the following sources to exceed the 
amounts indicated.
    (A) Number 5 Unit Sulfuric Acid; a maximum of 4.80 pounds of sulfur 
dioxide per ton of one hundred percent acid produced.
    (B) Number 6 Unit Sulfuric Acid; a maximum of 4.80 pounds of sulfur 
dioxide per ton of one hundred percent acid produced.
    (xxiv) Lear Siegler, Incorporated, or any subsequent owner or 
operator of the ``Lear Siegler, Incorporated'' facility located at 17600 
Broadway, Maple Heights, Ohio, shall not cause or permit the emission of 
sulfur dioxide from Boiler Number 1 to exceed a maximum

[[Page 757]]

of 0.00 pounds of sulfur dioxide per MMBTU actual heat input.
    (xxv) Chevrolet Motor Division, or any subsequent owner or operator 
of the ``Chevrolet Motor Division'' facility located at Stumph Road and 
Brookpark, Parma, Ohio, shall not cause or permit the emission of sulfur 
dioxide from the following sources to exceed the amounts indicated:
    (A) Boiler Numbers 1 and 2; a maximum of 1.53 pounds of sulfur 
dioxide per MMBTU actual heat input from each boiler.
    (B) Boiler Numbers 3 and 4; a maximum of 1.8 pounds of sulfur 
dioxide per MMBTU actual heat input from each boiler.
    (xxvi) Ford Motor Company, or any subsequent owner or operator of 
the ``Ford Motor Company, Cleveland Stamping Plant'' facility located at 
7845 Northfield Road, Walton Hills, Ohio, shall not cause or permit the 
emission of sulfur dioxide from Boilers Numbers 1 through 3 to exceed a 
maximum of 1.2 MMBTU actual heat input from each boiler.
    (xxvii) Highland View Cuyahgoa County Hospital, or any subsequent 
owner or operator of the ``Highland View Cuyahoga County Hospital'' 
facility located at 3901 Ireland Drive, Warrensville Township, Ohio, 
shall not cause or permit the emission of sources to exceed the amounts 
indicated:
    (A) Boiler Numbers 1 and 2; a maximum of 1.50 pounds of sulfur 
dioxide per MMBTU actual heat input from each boiler.
    (B) Boiler Numbers 3 and 4; a maximum of 2.90 pounds of sulfur 
dioxide per MMBTU actual heat input from each boiler.
    (xxviii) Centerior Energy Corporation, or any subsequent owner or 
operator of the ``Centerior Energy Corporation, Lake Shore Plant'' 
facility located at 6800 South Marginal Drive, Cleveland, Ohio, shall 
not cause or permit the emission of sulfur dioxide from the following 
sources to exceed the amounts indicated:
    (A) Boiler Numbers 91 through 94; a maximum of 1.90 pounds of sulfur 
dioxide per MMBTU actual heat input from each boiler.
    (B) Boiler Number 18; a maximum of 1.30 pounds of sulfur dioxide per 
MMBTU actual heat input.
    (xxix) United States Steel Corporation, or any subsequent owner or 
operator of the ``United States Steel Corporation, Cuyhoga Works'' 
facility located at 4300 East 49th Street, Cuyhoga Heights, Ohio, shall 
not cause or permit the emission of sulfur dioxide from the following 
sources to exceed the amounts indicated:
    (A) Boiler Numbers 1 and 2; a maximum of 0.5 pounds of sulfur 
dioxide per MMBTU actual heat input from each boiler.
    (B) Boiler Numbers 3 through 7; a maximum of 1.30 pounds of sulfur 
dioxide per MMBTU actual heat input from each boiler.
    (xxx) United States Steel Corporation, or any subsequent owner or 
operator of the ``United States Steel Corporation, Lorain-Cuyahoga 
Works'' facility located at 2650 Broadway Avenue, Cleveland, Ohio, shall 
not cause or permit the emission of sulfur dioxide from the following 
sources to exceed the amounts indicated:
    (A) Boiler Numbers 1 through 6; a maximum of 0.00 pounds of sulfur 
dioxide per MMBTU actual heat input from each boiler.
    (B) Blast Furnace Numbers D-6 and A; a maximum of 0.00 pounds of 
sulfur dioxide per ton of iron produced.
    (xxxi) Reilly Industries, Inc., or any subsequent owner or operator 
of the ``Reilly Industries, Inc.'' facility located at 3201 Independence 
Road, Cleveland, Ohio shall not cause or permit the emission of sulfur 
dioxide from the following sources to exceed the amounts indicated:
    (A) Still Numbers 3 through 7; a maximum of 2.7 pounds of sulfur 
dioxide per ton of coal tar processed.
    (B) [Reserved]
    (xxxii) No owner or operator of any process equipment, unless 
otherwise specified in this paragraph, shall cause or permit the 
emission of sulfur dioxide from any stack in excess of 6.00 pounds of 
sulfur dioxide per ton of actual process weight input.
    (16) In Franklin County, no owner or operator of the following types 
of facilities unless otherwise specified in this paragraph, shall cause 
or permit

[[Page 758]]

emission of sulfur dioxide from any stack in excess of the rates 
specified below:
    (i) For fossil fuel-fired steam generating unit between 10.0 and 
50.0  x  106 BTU per hour total rated capacity of heat input, the 
emission rate in pounds of sulfur dioxide per million BTU actual heat 
input shall be calculated by the following equation:

                       EL=8.088Qm-0.4307

where Qm is the total rated capacity of heat input in million BTU 
per hour and EL is the allowable emission rate in pounds of sulfur 
dioxide per million BTU actual heat input.
    (ii) For fossil fuel-fired steam generating unit(s) equal to or 
greater than 50.0 x 106 BTU per hour total rated capacity of heat 
input, the emission limitation shall be 1.50 pounds of sulfur dioxide 
per million BTU actual heat input.
    (iii) The present or any subsequent owner or operator of the 
Columbus State Institution in Franklin County, Ohio shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of 3.80 pounds of sulfur dioxide per million BTU actual heat 
input.
    (iv) The present or any subsequent owner or operator of the Columbus 
State Hospital in Franklin County, Ohio shall not cause or permit the 
emission of sulfur dioxide from any stack at this facility in excess of 
4.10 pounds of sulfur dioxide per million BTU actual heat input.
    (v) The present or any subsequent owner or operator of Ross 
Laboratory in Franklin County, Ohio shall not cause or permit the 
emission of sulfur dioxide from any stack at this facility in excess of 
4.80 pounds of sulfur dioxide per million BTU actual heat input.
    (vi) The present or any subsequent owner or operator of the 
Rickenbacker Air Force Base in Franklin County, Ohio shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of 2.20 pounds of sulfur dioxide per million BTU actual heat 
input.
    (vii) The present or any subsequent owner or operator of the Capital 
City Products facility in Franklin County, Ohio, shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of 3.10 pounds of sulfur dioxide per million BTU actual heat 
input.
    (viii) The present or any subsequent owner or operator of the 
Westinghouse Electric facility in Franklin County, Ohio shall not cause 
or permit the emission of sulfur dioxide from any stack at this facility 
in excess of 2.20 pounds of sulfur dioxide per million BTU actual heat 
input.
    (ix) (A) The present or any subsequent owner or operator of the 
Naval Weapons Industrial Reserve Plant in Franklin County, Ohio shall 
not cause or permit the emission of sulfur dioxide from any stack at 
this facility in excess of 1.06 pounds of sulfur dioxide per million BTU 
actual heat input.
    (B) In lieu of meeting Sec. 52.1881(b)(27)(ix)(A), the present or 
any subsequent owner or operator of the Naval Weapons Industrial Reserve 
Plant may elect to comply with the alternate emission limitation and 
operating conditions specified below.
    (1) The present or any subsequent owner or operator of the Naval 
Weapons Industrial Reserve Plant shall not cause or permit the emission 
of sulfur dioxide from any stack in excess of 3.65 pounds of sulfur 
dioxide per million BTU actual heat input provided that such stacks be 
greater than or equal to 44.5 meters in height and that the combined 
maximum boiler design capacity be limited to 177 million BTU per hour by 
installation of a lock-out system on the boiler coal-feeders. The 
present or any subsequent owner or operator of the Naval Weapons 
Industrial Reserve Plant shall keep a permanent log on the lock-out 
system and record any problems with the system in the log. This log 
shall be available for inspection by the EPA. This log shall be in lieu 
of the reporting and monitoring requirements of Sec. 52.1882(g).
    (2) The present or any subsequent owner or operator of the Naval 
Weapons Industrial Reserve Plant shall be permitted to operate its five 
boilers (1, 2, 3, 5a or 5b) in only one of the following three 
configurations at any given time:
    (i) Any two of boilers 1, 2, or 3 on; the remaining three boilers 
off.
    (ii) Boilers 5a and 5b on; boilers 1, 2, and 3 off.

[[Page 759]]

    (iii) Boiler 5b and any one of boilers 1, 2, or 3 on; the remaining 
three boilers off.
    (3) In the event that the Naval Weapons Industrial Reserve Plant 
elects to comply with the alternate emission limitation and operating 
configurations in Sec. 52.1881(b)(27)(ix)(B) (1) and (2) and vents its 
boilers through stacks great on the boiler coal-feeders such that the 
combined maximum boiler design capacity is limited to 177 MMBTU/hr, all 
such action shall be taken within 30 weeks of (the effective date of 
promulgation). The Administrator must be notified in writing that all 
such action was taken within five working days of its completion.
    (x) No owner or operator of any primary zinc smelter shall cause or 
permit the emission of sulfur dioxide from the plant in excess of the 
amount prescribed by the following equation:

                            Y=0.564X0.85

where X is the total sulfur feed expressed as elemental sulfur in the 
smelter input stream in lbs/hour and Y is the allowable sulfur dioxide 
emission rate in lbs/hour from all stacks combined.
    (xi) Except as provided in paragraph (b)(27)(x) of this section, no 
owner or operator of any process equipment shall cause or permit the 
emission from any stack into the atmosphere of any process gas stream 
containing sulfur dioxide in excess of 2.40 pounds of sulfur dioxide per 
ton of actual process weight input.
    (17) In Gallia County: (i) The Ohio Power Company or any subsequent 
owner or operator of the Gavin Power Plant in Gallia County, Ohio shall 
not cause or permit the emission of sulfur dioxide from any stack at the 
Gavin facility in excess of 7.41 pounds per million Btu actual heat 
input.
    (ii) The Ohio Valley Electric Company or any subsequent owner or 
operator of the Kyger Creek Power Plant in Gallia County, Ohio shall not 
cause or permit the emission of sulfur dioxide from any stack at the 
Kyger Creek facility in excess of 8.20 pounds of sulfur dioxide per 
million BTU actual heat input.
    (18) In Lake County, no owner or operator of the following types of 
facilities, unless otherwise specified in this subparagraph, shall cause 
or permit emissions from stack in excess of the rates specified below:
    (i) For fossil fuel-fired steam generating units between 10.0 and 
1000+106 BTU per hour total rated capacity of heat input, the 
emission rate in pounds of sulfur dioxide per million BTU actual heat 
input shall be calculated by the following equation:

                      EL=14.976Qm-0.3431

where Qm is the total rated capacity of heat input in million BTU 
per hour and EL is the allowable emission rate in pounds of sulfur 
dioxide per million BTU actual heat input.
    (ii) For fossil fuel-fired steam generating unit(s) equal to or 
greater than 1000+106 BTU per hour total rated capacity of heat 
input, 1.40 pounds of sulfur dioxide per million BTU actual heat input.
    (iii) The present or any subsequent owner or operator of the Ohio 
Rubber Company facility in Lake County, Ohio, shall not cause or permit 
the emission of sulfur dioxide from any stack at the facility in excess 
of 6.00 pounds of sulfur dioxide per million BTU actual heat input.
    (iv) The present or any subsequent owner or operator of the 
Painesville Municipal Power Plant in Lake County, Ohio, shall not cause 
or permit the emission of sulfur dioxide from any stack at this facility 
in excess of the rates specified below:
    (A) For boilers 1 through 4: 5.20 pounds of sulfur dioxide per 
million BTU actual heat input.
    (B) Boiler number 5 is subject to New Source Performance Standards 
and is limited to 1.20 pounds of sulfur dioxide per million BTU actual 
heat input.
    (v) The present or any subsequent owner or operator of the Erie Coke 
and Chemical Company facility in Lake County, Ohio shall not cause or 
permit the combustion of by-product coke oven gas for coke oven 
underfiring containing a total sulfur content expressed as hydrogen 
sulfide in excess of 450 grains of hyrogen sulfide per 100 dry standard 
cubic feet of coke oven gas. All existing boilers previously owned by 
Diamond Shamrock will remain at 0.0 pounds of sulfur dioxide per million 
BTU actual heat input.

[[Page 760]]

    (vi) The Cleveland Electric Illuminating Company, or any subsequent 
owner or operator of the Eastlake Plant in Lake County, Ohio, shall not 
cause or permit the emission of sulfur dioxide from any stack at the 
Eastlake Plant in excess of 5.64 pounds of sulfur dioxide per million 
BTU actual heat input. Recordkeeping and reporting requirements and 
compliance test methods are those found at paragraph (b)(2) of this 
section.
    (vii) [Reserved]
    (viii)(A) The Lubrizol Corporation, or any subsequent owner or 
operator of the Lubrizol facilities located in Lake County, Ohio, shall 
not cause or permit the emission of sulfur dioxide from any stack at the 
Lubrizol facility in excess of 20.00 pounds of sulfur dioxide per ton of 
actual process weight input.
    (B) The Lubrizol Corporation, or any subsequent owner or operator of 
the Lubrizol facilities located in Lake County, Ohio, shall not cause or 
permit the emission of sulfur dioxide from any stack for boilers 1, 2 or 
3 at the Lubrizol facility in excess of 0.55 pound of sulfur dioxide per 
million BTU actual heat input.
    (ix) The Republic Steel Corporation, or any subsequent owner or 
operator of the Republic Steel facilities located in Lake County, Ohio, 
shall not cause or permit the emission of sulfur dioxide from any stack 
at the Republic Steel facility in excess of 4.21 pounds of sulfur 
dioxide per ton of actual process weight input.
    (19) In Lawrence County: (i) The Allied Chemical Company or any 
subsequent owner or operator of the Specialty Chemicals Division in 
Lawrence County, Ohio, shall not cause or permit the emission of sulfur 
dioxide from any fossil fuel-fired steam generating unit in excess of 
5.52 pounds of sulfur dioxide per million BTU actual heat input.
    (ii)  [Reserved]
    (20) In Lorain County, no owner or operator, unless otherwise 
specified in this paragraph, shall cause or permit sulfur dioxide 
emissions from any stack in excess of the rates specified below:
    (i) For fossil fuel-fired steam generating units between 10.0 and 
100 million BTU per hour total rated capacity of heat input, the maximum 
allowable emission rate from any stack shall be calculated by the 
following equation:

                      EL=21.176Qm-0.5477

where Qm is the total rated capacity of heat input in million BTU 
per hour and EL is the allowable emission rate in pounds of sulfur 
dioxide per million BTU actual heat input.
    (ii) For fossil fuel-fired steam generating units equal to or 
greater than 100 million BTU per hour total rated capacity of heat 
input, the maximum allowable emission rate from any stack shall be 1.70 
pounds of sulfur dioxide per million BTU actual heat input.
    (iii) The Cleveland Electric Illuminating Company, or any subsequent 
owner, or operator of the Avon Lake Plant in Lorain County, Ohio, shall 
not cause or permit the emission of sulfur dioxide in pounds per million 
BTU actual heat input from any stack at the Avon Lake Plant in excess of 
the rates specified below:

     Stack No. Boiler identification and Emission Limit (lbs/MMBTU)

Stack 1 (Boilers 1,2)=0.32
Stack 2 (Boilers 3,4)=0.32
Stack 3 (Boilers 5,6)=0.32
Stack 4 (Boilers 7,8)=0.32
Stack 9 (Boilers 9,10)=4.65
 Stack 7 (Boiler 11)=4.65
Stack 8 (Boiler 12)=4.65

    Recordkeeping and reporting requirements and compliance test method 
are those found at paragraph (b)(2) of this section.
    (iv) [Reserved]
    (v) The Cleveland Electric Illuminating Co. or any subsequent owner 
or operator of the Edgewater Plant located in Lorain County, Ohio shall 
not cause or permit the emission of sulfur dioxide from any stack at the 
Edgewater facility in excess of 3.40 pounds of sulfur dioxide per 
million BTU actual heat input.
    (vi) The United States Steel Corporation or any subsequent owner or 
operator of the United States Steel facilities in Lorain County, Ohio, 
shall not cause or permit the emission of sulfur dioxide from any stack 
at those facilities in excess of:
    (A) For fossil fuel-fired steam generating units number 001 through 
009: 1.20

[[Page 761]]

pounds of sulfur dioxide per million BTU of actual heat input.
    (B) For fossil fuel-fired steam generating units number 010 through 
012: 1.98 pounds of sulfur dioxide per million BTU of actual heat input.
    (C) For fossil fuel-fired steam generating unit number 013: 0.31 
pound of sulfur dioxide per million BTU of actual heat input.
    (D) For all other fossil fuel-fired steam generating units, 
paragraph (b) (38)(i) or (b)(38)(ii) of this section shall apply, as 
applicable.
    (vii) The United States Steel Corporation or any subsequent owner or 
operator of the United States Steel facilities in Lorain County, Ohio, 
shall not cause or permit the combustion of by-product coke oven gas 
from any stack containing a total sulfur content expressed as hydrogen 
sulfide in excess of 368 grains of hydrogen sulfide per 100 dry standard 
cubic feet of coke oven gas and shall not cause or permit the emission 
of sulfur dioxide from any stack in excess of 1.98 pounds of sulfur 
dioxide permillion BTU of actual heat input.
    (viii) The General Motors Corporation or any subsequent owner or 
operator of the Fisher Body Plant at Lorain County, Ohio shall not cause 
or permit the emission of sulfur dioxide from any stack at the Fisher 
Body Plant in excess of the rates specified below:
    (A) 0.80 pound of sulfur dioxide per million BTU of actual heat 
input for boilers number 001 and 002.
    (B) 0.90 pound of sulfur dioxide per million BTU of actual heat 
input for boiler number 004.
    (C) For all other fossil fuel-fired steam generating units, 
paragraph (b)(38)(i) or (38)(ii) of this section, shall apply, as 
applicable.
    (ix) Oberlin College or any subsequent owner or operator of the 
Oberlin College facility in Lorain County, Ohio shall not cause or 
permit the emission of sulfur dioxide in excess of the rates specified 
below:
    (A) 6.92 pounds of sulfur dioxide per million BTU of actual heat 
input for coal-fired boilers No. 1 and 2.
    (B) 0.35 pounds of sulfur dioxide per million BTU of actual heat 
input for oil-fired boiler No. 3.
    (x) The B. F. Goodrich Company or any subsequent owner or operator 
of the facility in Lorain County, Ohio shall not cause or permit the 
emission of sulfur dioxide from any stack in excess of the rates 
specified below:
    (A) 129.0 nanograms of sulfur dioxide per joule (0.30 lbs. SO2/
MMBTU) of actual heat input for oil-fired boilers number 1, 2, 5, and 6.
    (B) 2237.1 nanograms of sulfur dioxide per joule (5.20 lbs. 
SO2/MMBTU) of actual heat input for coal-fired boilers number 3 and 
4.
    (21) In Lucas County, no owner or operator of the following types of 
facilities, unless otherwise specified in this paragraph, shall cause or 
permit sulfur dioxide emissions from any stack in excess of the rates 
specified below:
    (i) For fossil fuel-fired steam generating units burning coal the 
emission rate shall be 1.50 pounds of sulfur dioxide per million BTU 
actual heat input.
    (ii) For fossil fuel-fired steam generating units burning oil the 
emission rate shall be 1.00 pound of sulfur dioxide per million BTU 
actual heat input.
    (iii) The Toledo Edison Company or any subsequent owner or operator 
of the Bay Shore Station in Lucas County, Ohio shall not cause or permit 
sulfur dioxide emissions from any stack at the Bay Shore Station in 
excess of the rates specified below:
    (A) 834.6 nanograms of sulfur dioxide per joule (1.94 lbs SO2/
MMBTU) actual heat input for the fossil fuel-fired steam generating 
units burning coal.
    (B) 215.1 nanograms of sulfur dioxide per joule (0.50 lbs SO2/
MMBTU) actual heat input for the fossil fuel-fired peaking unit burning 
oil.
    (iv) Standard Oil of Ohio or any subsequent owner or operator of the 
Standard Oil of Ohio facility located in Lucas County, Ohio shall not 
cause or permit sulfur dioxide emissions from any stack at this facility 
in excess of the rates specified below:
    (A) 0.29 pound of sulfur dioxide per million BTU actual heat input 
for all process heaters and fossil fuel-fired steam-generating units 
unless otherwise specified in this subparagraph.
    (B) 1.00 pound of sulfur dioxide per million BTU actual heat input 
for process heaters or fossil fuel-fired steam-generating units numbered 
B024.

[[Page 762]]

    (C) 0.50 pound of sulfur dioxide per million BTU actual heat input 
for process heater or fossil fuel-fired steam-generating unit number 
B021.
    (D) 0.57 pounds of sulfur dioxide per million BTU actual heat input 
for process heaters or fossil fuel-fired steam-generating units numbered 
B009, B010, B020, B023, and B025.
    (E) 0.92 pound of sulfur dioxide per 1,000 pounds of charging stock 
for catalytic cracking units and CO boilers connected to a common stack.
    (F) 0.40 pound of sulfur dioxide per ton of actual process weight 
input for any process.
    (v)  [Reserved]
    (vi) The Coulton Chemical Company or any subsequent owner or 
operator of the Coulton Chemical facility in Lucas County, Ohio shall 
not cause or permit the emission of sulfur dioxide from any stack at the 
Coulton Chemical facility in excess of the rates specified below:
    (A) 0.00 pounds of sulfur dioxide per million BTU actual heat input 
for fossil fuel fired steam generating units or process heaters.
    (B) 6.50 pounds of sulfur dioxide per ton of 100 percent sulfuric 
acid produced for sulfuric acid production units.
    (vii) The Toledo Edison Company or any subsequent owner or operator 
of the Acme Power Plant in Lucas County, Ohio shall not cause or permit 
sulfur dioxide emissions from any stack at the Acme plant in excess or 
the rates specified below:
    (A) 516.2 nanograms of sulfur dioxide per joule (1.20 lbs SO2/
MMBTU) actual heat input for fossil fuel-fired steam generating units 
burning coal.
    (B) 1.00 pound of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired steam-generating units burning oil.
    (viii) Gulf Oil or any subsequent owner or operator of the Gulf Oil 
facility in Lucas County, Ohio shall not cause or permit sulfur dioxide 
emissions from any stack at the Gulf Oil facility in excess of the rates 
specified below:
    (A) 0.90 pound of SO2 per million BTU actual heat input for 
fossil fuel-fired steam generating units numbered B001, B002, B003 and 
B004.
    (B) 1.03 pounds of SO2 per million BTU actual heat input for 
process heaters or fossil fuel-fired steam generating units numbered 
B005, B006, and B013.
    (C) 1.21 pounds of SO2 per million BTU actual heat input for 
process heater numbered B009 and for the stack connecting process 
heaters numbered B007 and B008.
    (D) 1.29 pounds of SO2 per million BTU actual heat input for 
process heater number B014.
    (E) 1.57 pounds of SO2 per 1,000 pounds of charging stock for 
catalytic cracking unit P003 and CO boiler B016 connected to the same 
stack.
    (F) 200 pounds of SO2 per 2,000 pounds of sulfur processed for 
sulfur recover plant P005.
    (G) Gulf Oil or any subsequent owner or operator of these facilities 
located in Lucas County, Ohio, shall not cause or permit the combustion 
of refinery fuel gas at process heaters numbered B010, B011, B012, B015 
and for the waste heat boiler stack connecting process heaters numbered 
B017, B018, B019 and B020 containing a total sulfur content expressed as 
hydrogen sulfide in excess of 10 grains of hydrogen sulfide per 100 dry 
standard cubic feet of refinery fuel gas or the emission of SO2 
from any stack of the above units in excess of 0.04 pound of SO2 
per million BTU actual heat input.
    (H) Gulf Oil or any subsequent owner or operator of the Gulf Oil 
facilities located in Lucas County, Ohio shall operate only one of the 
units numbered B001, B002, B003, and B004 simultaneously with the 3 
units numbered B005, B006 and B016.
    (I) Gulf Oil or any subsequent owner or operator of the Gulf Oil 
facilities located in Lucas County, Ohio, shall not operate more than 
two of the units numbered B001, B002, B003, and B004 simultaneously with 
two of the units numbered B005, B006 and B016.
    (J) Gulf Oil or any subsequent owner or operator of the Gulf Oil 
facilities located in Lucas County, Ohio shall limit the simultaneous 
operation of B001, B002, B003, and B004 to the operating configurations 
specified in paragraphs (b)(39)(viii) (H) and (I) of this section.
    (ix) The Toledo Edison Company or an subsequent owner or operator of 
the

[[Page 763]]

Water Street Steam Plant in Lucas County, Ohio shall not cause or permit 
sulfur dioxide emissions from any stack at the Water Street Plant in 
excess of 430.2 nanograms of sulfur dioxide per joule (1.00 lbs SO2 
per MMBTU) actual heat input.
    (x) Phillips Petroleum Company or any subsequent owner or operator 
of the Toledo Philblack Plant in Lucas County, Ohio shall not cause or 
permit sulfur dioxide emissions from any stack at the Toledo Philblack 
Plant in excess of the rates specified below:
    (A) 4.67 pounds of sulfur dioxide per million BTU actual heat input 
for any process dryer.
    (B) 4.99 pounds of sulfur dioxide per million BTU actual heat input 
for all fossil fuel-fired steam-generating units, processes and 
incinerator unless otherwise specified in this paragraph.
    (xi) Interlake Incorporated or any subsequent owner or operator of 
the Interlake Incorporated facility in Lucas County, Ohio shall not 
cause or permit sulfur dioxide emissions from any stack at this facility 
in excess of the rates specified below:
    (A) 43.0 nanograms of sulfur dioxide per joule (0.10 lbs SO2 
MMBTU) actual heat input for the fossil fuel-fired steam-generating 
units and the combined maximum hourly allowable heat input rate shall 
not exceed 300 million BTUs per hour.
    (xii) Nabisco or any subsequent owner or operator of the Nabisco 
facility in Lucas County, Ohio shall not cause or permit sulfur dioxide 
emissions from any stack at this facility in excess of 1.20 pounds of 
sulfur dioxide per million BTU actual heat input.
    (xiii) The Toledo Hospital or any subsequent owner or operator of 
the Toledo Hospital in Lucas County, Ohio shall not cause or permit 
sulfur dioxide emissions from any stack at this facility in excess of 
3.50 pounds of sulfur dioxide per million BTU actual heat input.
    (xiv) Sun Petroleum Products Company or any subsequent owner or 
operator of the Sun Petroleum Products Company facility in Lucas County, 
Ohio shall not cause or permit sulfur dioxide emissions from any stack 
at the Sun facility in excess of the rates specified below:
    (A) Unless otherwise specified in this paragraph, the combustion of 
refinery fuel gas containing a total sulfur content expressed as 
hydrogen sulfide in excess of 10 grains of hydrogen sulfide per 100 dry 
standard cubic feet of refinery fuel gas or the emission of sulfur 
dioxide from any stack at this facility in excess of 0.04 pounds of 
sulfur dioxide per million BTU actual heat input.
    (B) 0.0 pounds of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired steam-generating units or process operation 
heaters numbered 502, 1901, 1902, 1903, 1904, 1905, and 1906.
    (C) 3.00 pounds of sulfur dioxide per 1,000 pounds of charging stock 
for catalytic cracking units and CO boilers connected to the same stack.
    (D) 1.80 pounds of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired steam-generating unit numbered 1910.
    (E) 1.60 pounds of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired process heater units numbered 507 and 508.
    (F) 1.50 pounds of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired process heater unit numbered 301.
    (G) 1.40 pounds of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired process heater units numbered 9401.
    (H) 1.10 pounds of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired process heater units numbered 501 and 503.
    (I) 0.90 pounds of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired process heater unit numbered 304.
    (J) 70 pounds of sulfur dioxide per 1,000 pounds of sulfur processed 
for sulfur recovery plants.
    (K) Fossil fuel-fired process heater units numbered 501 and 503 will 
not be operated simultaneously with Fossil fuel-fired process heater 
unit number 507.
    (xv) Seneca Petroleum or any subsequent owner or operator of the 
Seneca Petroleum facility in Lucas County, Ohio shall not cause or 
permit sulfur dioxide emissions from any stack at the Seneca Petroleum 
facility in excess of 1.20 pounds of sulfur dioxide per million BTU 
actual heat input.

[[Page 764]]

    (xvi) The Koppers Company Incorporated or any subsequent owner or 
operator of the Koppers facility in Lucas County, Ohio shall not cause 
or permit sulfur dioxide emissions from any stack at this facility in 
excess of the rates specified below:
    (A) 111.8 nanograms of sulfur dioxide per joule (0.26 lbs. SO2 
MMBTU) actual heat input for the two new fossil fuel-fired steam-
generating units.
    (B) 1.69 kilogram of sulfur dioxide per metric ton (3.38 lbs. 
SO2 per ton) of actual process weight input for the coke battery.
    (22) In Mahoning County, no owner or operator, unless otherwise 
specified in this paragraph, shall cause or permit the emission of 
sulfur dioxide in excess of the rates specified below:
    (i) For fossil fuel-fired steam-generating units: 0.50 pound of 
sulfur dioxide per million BTU of actual heat input.
    (ii) For process operations: 1.00 pound of sulfur dioxide per ton of 
actual process weight input.
    (iii) No owner or operator shall cause or permit the combustion of 
by-product coke oven gas from any stack containing a total sulfur 
content expressed as hydrogen sulfide in excess of 135 grains hydrogen 
sulfide per 100 dry standard cubic feet of coke oven gas or the emission 
of sulfur dioxide from any stack in excess of 0.68 pound of sulfur 
dioxide per million BTU actual heat input.
    (iv) The Ohio Edison Company or any subsequent owner or operator of 
the North Avenue Steam Plant located in Mahoning County shall not cause 
or permit the emission of sulfur dioxide from any stack at the North 
Avenue Steam Plant in excess of 4.75 pounds of sulfur dioxide per 
million BTU of actual heat input.
    (v) Lonardo & Sons Greenhouse or any subsequent owner or operator of 
the Lonardo & Sons Greenhouse facilities located in Mahoning County, 
Ohio shall not cause or permit the emission of sulfur dioxide from any 
stack at Lonardo & Sons Greenhouse in excess of 2.00 pounds of sulfur 
dioxide per million BTU actual heat input.
    (vi) Whiteacre-Greer Fireproofing or any subsequent owner or 
operator of the Whiteacre-Greer facilities located at Mahoning County, 
Ohio shall not cause or permit the emission of sulfur dioxide from any 
stack at Whiteacre-Greer in excess of 20 pounds of sulfur dioxide per 
ton of actual process weight input.
    (vii) The Koppers Company or any subsequent owner or operator of the 
Koppers Company facilities located in Mahoning County, Ohio, shall not 
cause or permit the emission of sulfur dioxide from the stack connected 
to boiler number 3 in excess of 4.0 pounds of sulfur dioxide per million 
BTU actual heat input.
    (viii) The Youngstown Sheet and Tube Company or any subsequent owner 
or operator of the Brier Hill Works located in Mahoning County, Ohio 
shall not cause or permit the emission of sulfur dioxide from any stack 
in excess of 0.00 pound sulfur dioxide per million BTU actual heat 
input.
    (ix) The Youngstown Sheet and Tube Company or any subsequent owner 
or operator of the Campbell and Struthers Works located in Mahoning 
County, Ohio shall not cause or permit the emission of sulfur dioxide 
except as specified below:
    (A) 2.67 pounds of sulfur dioxide per million BTU actual heat input 
from any stack at the coke plant.
    (B) For the seamless mills, paragraphs (b)(40)(ix)(B) (1), (2) or 
(3) of this section apply in conjunction with paragraph (b)(40)(ix)(B) 
(4) of this section.
    (1) 2.67 pounds of sulfur dioxide per million BTU actual heat input 
from any stack when coke oven gas is being combusted.
    (2) When mixed gases are being combusted the maximum allowable 
emission limit from each stack shall be determined by the following 
equation:

    EL = BF x 2.67 lbs SO2/MMBTU

                                         BTU content of coke oven gas   
                                BF=     ------------------------------  
                                         BTU content of combined gas    
                                                                        

    (3) 18.68 pounds of sulfur dioxide per ton of process weight from 
any stack when any fuel is being combusted.
    (4) 2309 tons of sulfur dioxide per any 365 day period from the 
seamless mills as a whole.
    (C) For the boilerhouse, paragraphs (b)(40)(ix)(C) (1), (2), (3), 
(4) or (5) of this section apply in conjunction with paragraph 
(b)(40)(ix)(C) (6) of this section.

[[Page 765]]

    (1) 2.67 pounds of sulfur dioxide per million BTU actual heat input 
from any boiler unit when coke oven gas is being combusted.
    (2) When mixed gases are being combusted the maximum allowable 
emission limit from each stack shall be determined by the following 
equation:

    EL = BF x 2.67 lbs SO2/MMBTU

                                         BTU content of coke oven gas   
                                            (from any boiler unit)      
                                BF=     ------------------------------  
                                         BTU content of combined gas    
                                                                        

    (3) 1.06 pounds of sulfur dioxide per million BTU actual heat input 
from any boiler unit when fuel oil is being combusted.
    (4) 0.93 pounds of sulfur dioxide per million BTU actual heat input 
from any boiler unit when tar is being combusted.
    (5) 4.77 pounds of sulfur dioxide per million BTU actual heat input 
from any boiler unit when coal is being combusted.
    (6) 4747 tons of sulfur dioxide per any continuous 365 day period 
from the boilerhouse as a whole plus the fraction of the 365 day period 
emission limitation for the seamless mills not consumed by emissions 
from the seamless mills in the same 365 day period.
    (23) In Montgomery County, no owner or operator of any fossil fuel-
fired steam generating unit(s), unless otherwise specified in this 
paragraph, shall cause or permit sulfur dioxide emissions in excess of 
the rates specified below:
    (i) 1.60 pounds sulfur dioxide per million BTU actual heat input for 
fossil fuel-fired steam generating units.
    (ii)-(vii)  [Reserved]
    (viii) No owner or operator of any process equipment shall cause or 
permit the emission from any stack any process gas stream containing 
sulfur dioxide in excess of 2.60 pounds of sulfur dioxide per ton of 
actual process weight input.
    (24) The Portsmouth Gaseous Diffusion Plant in Pike County or any 
subsequent owner or operator of its fossil fuel-fired steam generating 
unit shall not cause or permit the emission of sulfur dioxide from any 
stack in excess of 2650.1 nanograms of sulfur dioxide per joule (6.16 
lbs. SO2/MMBTU).
    (25) In Ross County, the Mead Corporation or any subsequent owner or 
operator of the Mead Corporation facilities at Ross County, Ohio shall 
not cause or permit emission of sulfur dioxide from any stack in excess 
of the following rates:
    (i) 4.90 pounds of sulfur dioxide per ton of actual solids input.
    (ii) 0.00 pound of sulfur dioxide per million BTU actual heat input 
for stacks 1, 2, 3, and 4. For purposes of this regulation each stack is 
identified as follows:

------------------------------------------------------------------------
                Stack No.                      Boiler identification    
------------------------------------------------------------------------
1........................................  1.                           
2........................................  2.                           
3........................................  3.                           
4........................................  Chilpalco No. 5.             
------------------------------------------------------------------------

    (26) In Sandusky County: (i) The Martin Marietta Company or any 
subsequent owner or operator of the Martin Marietta facilities in 
Sandusky County, Ohio shall not cause or permit the emission of sulfur 
dioxide from any stack in excess of 15.42 pounds of sulfur dioxide per 
ton of actual process weight input.
    (ii)  [Reserved]
    (27) In Stark County, no owner or operator of the following types of 
facilities, unless otherwise specified in this paragraph, shall cause or 
permit emission of sulfur dioxide from any stack in excess of the rates 
specified below:
    (i) For fossil fuel-fired steam generating units between 10.0 and 
60.0 million BTU per hour total rated capacity of heat input, the 
emission rate in pounds of sulfur dioxide per million BTU actual heat 
input shall be calculated by the following equation:

                       EL=18.48Qm-0.4886

where Qm is the total rated capacity of heat input in million BTU 
per hour and EL  is the allowable emission rate in pounds of sulfur 
dioxide per million BTU actual heat input.
    (ii) For fossil fuel-fired steam generating units equal to or 
greater than 60 million BTU per hour total rated capacity of heat input: 
2.50 pounds of sulfur dioxide per million BTU actual heat input.
    (iii) Republic Steel Corporation or any subsequent owner or operator 
of

[[Page 766]]

the Massillon facilities in Stark County, Ohio shall not cause or permit 
the emission of sulfur dioxide from any fossil fuel-fired steam 
generating unit stack at the Massillon facility in excess of 4.40 pounds 
of sulfur dioxide per million BTU actual heat input.
    (iv) The present or any subsequent owner or operator of the 
Massillon State Hospital facilities in Stark County, Ohio shall not 
cause or permit the emission of sulfur dioxide from any stack at this 
facility in excess of 5.20 pounds of sulfur dioxide per million BTU 
actual heat input.
    (v) The present or any subsequent owner or operator of the Grief 
Board Company facilities in Stark County, Ohio shall not cause or permit 
the emission of sulfur dioxide from any stack at this facility in excess 
of 0.50 pound of sulfur dioxide per million BTU actual heat input.
    (vi) The present or subsequent owner or operator of the Timken 
Company facilities in Stark County, Ohio shall not cause or permit the 
emission of sulfur dioxide from any fossil fuel-fired steam-generating 
unit(s) stack at this facility in excess of the rates specified below:
    (A) 3.08 pounds of sulfur dioxide per million BTU actual heat input 
for the stack common to the fossil fuel-fired steam-generating units 
B001 and B002 at the Canton plant.
    (B) 0.93 pounds of sulfur dioxide per million BTU actual heat input 
for the fossil fuel-fired steam-generating unit B003 at the Canton 
plant.
    (C) 0.0 pounds of sulfur dioxide per million BTU actual heat input 
for the fossil fuel-fired steam-generating units B003 and B004 at the 
Gambrinus Plant.
    (D) 0.67 pounds of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired steam-generating units at the Gambrinus Plant 
unless otherwise specified in this paragraph.
    (vii) No owner or operator of any by-product coke oven operating in 
Stark County, Ohio shall cause or permit the combustion of by-product 
coke oven gas containing a total sulfur content expressed as hydrogen 
sulfide in excess of 350 grains of hydrogen sulfide per 100 dry standard 
cubic feet of coke oven gas or the emission of sulfur dioxide from any 
stack in excess of 1.70 pounds of sulfur dioxide per million BTU actual 
heat input.
    (viii) No owner or operator of any process equipment in Stark 
County, Ohio shall cause or permit the emission of sulfur dioxide from 
any stack in excess of 80.0 pounds of sulfur dioxide per ton of actual 
process weight input.
    (ix) The Ashland Oil Company, or any subsequent owner or operator of 
the Ashland Oil Company facilities in Stark County, Ohio shall not cause 
or permit sulfur dioxide emissions from any stack at this facility in 
excess of the emission limitations listed below:
    (A) 0.025 pounds of sulfur dioxide per million BTU actual heat input 
for units 4-0-B-3, 4-2-B-1, 4-2-B-2, and 4-27-B-1.
    (B) 1.00 pounds of sulfur dioxide per million BTU actual heat input 
for all process heaters and fossil fuel-fired steam-generating units 
unless otherwise specified in this paragraph.
    (C) 0.62 pounds of sulfur dioxide per 1,000 pounds of charging stack 
for catalytic cracking units.
    (D) 2.00 pounds of sulfur dioxide per 100 pounds of sulfur processed 
for sulfur recovery plants.
    (E) Only two of the following three units may be operated 
simultaneously: 4-16-B-1, 4-16-B-2, and 4-16-B-12.
    (x) The present or any subsequent owner or operator of the Hoover 
Co. in Stark County, Ohio shall not cause or permit the emission of 
sulfur dioxide in excess of 8.0 pounds of sulfur dioxide per million BTU 
actual heat input for the coal-fired boiler and 0.4 pounds of sulfur 
dioxide per million BTU actual heat input for the gas-fired boiler.
    (28) In Summit County, no owner or operator of the following types 
of facilities, unless otherwise specified in this subparagraph, shall 
cause or permit emissions of sulfur dioxide from any stack in excess of 
the rates specified below:
    (i) For fossil fuel-fired steam generating units between 10.0 and 
300 million BTU per hour total rated capacity of heat input, the 
emission rate in pounds of sulfur dioxide per million BTU actual heat 
input shall be calculated by the following equation:

                      EL=17.55 Qm-0.3933

where Qm is the total rated capacity of heat input in million BTU 
per hour and

[[Page 767]]

EL is the allowable emission rate in pounds of sulfur dioxide per 
million BTU actual heat input.
    (ii) For fossil fuel-fired steam generating unit(s) equal to or 
greater than 300 million BTU per hour total rated capacity of heat 
input, 1.80 pounds of sulfur dioxide per million BTU actual heat input.
    (iii) The present or any subsequent owner or operator of the Diamond 
Crystal facility in Summit County, Ohio, shall not cause or permit the 
emission of sulfur dioxide from coal-fired boilers at this facility in 
exess of 4.72 pounds of sulfur dioxide per million BTU of actual heat 
input or the emission of sulfur dioxide from oil-fired boilers at this 
facility in excess of 0.30 pound of sulfur dioxide per million BTU of 
actual heat input.
    (iv) The present or any subsequent owner or operator of the 
Kittinger Supply Co. (formerly known as Akwell Industries) facility in 
Summit County, Ohio, shall not cause or permit the emission of sulfur 
dioxide from oil-fired --oilers at this facility in excess of 0.80 pound 
of sulfur dioxide per million BTU of actual heat input or the emission 
of sulfur dioxide from coal-fired boilers at this facility in excess of 
2.38 pounds of sulfur dioxide per million BTU of actual heat input.
    (v) The present or subsequent owner or operator of the Ohio Brass 
Company facilities in Summit County, Ohio shall not cause or permit the 
emission of sulfur dioxide from any stack at this facility in excess of 
4.20 pounds of sulfur dioxide per million BTU actual heat input.
    (vi) The present or subsequent owner or operator of the Seiberling 
Rubber Co. facilities in Summit County, Ohio, shall not cause or permit 
the emission of sulfur dioxide from any stack at this facility in excess 
of 1.46 pounds of sulfur dioxide per million BTU actual heat input.
    (vii) The present or subsequent owner or operator of the Firestone 
Tire & Rubber Co. facilities in Summit County, Ohio, shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of the rates specified below:
    (A) 1.76 pounds of sulfur dioxide per million BTU of actual heat 
input from boiler 21 when oil fired and 2.87 pounds of sulfur dioxide 
per million BTU of actual heat input from boilers 22 and 23 when coal 
fired.
    (B) In lieu of meeting paragraph (59)(vii)(A) of this paragraph (b), 
the Firestone Tire and Rubber Co. may elect to comply with the alternate 
emission limitation of 2.20 pounds of sulfur dioxide per million BTU of 
actual heat input from boilers 21, 22, and 23 when all are oil fired.
    (C) Firestone Tire & Rubber Co. or any subsequent owner or operator 
of the Firestone Tire & Rubber facilities located in Summit County, 
Ohio, shall operate no more than two of the boilers, 21, 22, or 23 
simultaneously whether complying with either Sec. 52.1881 (b) (59) (vii) 
(A) or Sec. 52.1881 (b) (59) (vii) (B).
    (viii) The present or subsequent owner or operator of the B. F. 
Goodrich Co. facilities in Summit County, Ohio, shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of the rates specified below:
    (A) 0.51 pound of sulfur dioxide per million BTU actual heat input 
for oil-fired boiler 31.
    (B) 7.0 pounds of sulfur dioxide per million BTU actual heat input 
for coalfired Boilers 27 and 32.
    (C) The B. F. Goodrich Co. or any subsequent owner or operator of 
the B. F. Goodrich facilities in Summit County, Ohio, shall not operate 
boiler 27 simultaneously with boiler 32.
    (ix) The Goodyear Tire & Rubber Co. or any subsequent owner or 
operator of the Goodyear facilities in Summit County, Ohio, shall not 
cause or permit the emission of sulfur dioxide from any stack in excess 
of the rates specified below:
    (A) 4.47 pounds of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired steam-generating unit B001 located at plant I.
    (B) 0.50 pound of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired steam-generating units B002 and B003 located at 
plant I.
    (C) 160 pounds of sulfur dioxide per 1,000 pounds of sulfur 
processed, for the sulfur recovery unit(s).
    (D) for Plant II boilers:
    (1) 2.24 pounds of sulfur dioxide per million BTU actual heat input 
for coal-

[[Page 768]]

fired boilers A and B exiting through stack 4.
    (2) 2.24 pounds of sulfur dioxide per million BTU actual heat input 
for coal-fired boiler C exiting through stack 5.
    (3) 2.24 pounds of sulfur dioxide per million BTU acutal heat input 
for coal-fired boiler D exiting through stack 6.
    (E) In lieu of meeting paragraph (59)(ix)(D) of this paragraph (b), 
The Goodyear Tire and Rubber Company may elect to comply with the 
alternate emission limitations and operating conditions specified below 
for Plant II boilers, provided the General Tire and Rubber Company or 
any subsequent owner or operator of the General Tire facilities in 
Summit County, Ohio complies with Sec. 52.1881(b)(xviii)(D):
    (1) The Goodyear Tire and Rubber Company shall not cause or permit 
the emission of sulfur dioxide from any stack in excess of the rates 
specified below:
    (i) 4.64 pounds of sulfur dioxide per million BTU actual heat input 
for coal-fired boilers A, B, and C exiting through stack 4.
    (ii) 4.64 pounds of sulfur dioxide per million BTU actual heat input 
for coal-fired boiler D exiting through stack 6.
    (2) The Goodyear Tire and Rubber Company shall operate no more than 
three of the boilers A, B, C, or D simultaneously.
    (3) The Goodyear Tire and Rubber Company shall not operate boiler D 
simultaneously with boilers A and B.
    (x) The present or any subsequent owner or operator of the Tecumseh 
Company facilities in Summit County, Ohio shall not cause or permit 
sulfur dioxide emissions from fossil fuel-fired steam generating unit(s) 
in excess of the rates specified below:
    (A) 1.70 pounds sulfur dioxide per million BTU actual heat input for 
coal-fired units, and
    (B) 0.70 pound sulfur dioxide per million BTU actual heat input for 
oil-fired unit(s).
    (xi) The Ohio Edison or any subsequent owner or operator of the Ohio 
Edison Company's Beech Street power station in Summit County, Ohio, 
shall not cause or permit the emission of sulfur dioxide from any stack 
at the Beech Street plant in excess of 0.00 pounds of sulfur dioxide per 
million BTU actual heat input.
    (xii) The Ohio Edison Co. or any subsequent owner or operator of the 
Ohio Edison Co.'s Gorge plant in Summit County, Ohio, shall not cause or 
permit the emission of sulfur dioxide from any stack at the Gorge plant 
in excess of 4.07 pounds of sulfur dioxide per million BTU actual heat 
input.
    (xiii) No owner or operator of any process equipment, unless 
otherwise specified in this paragraph, shall cause or permit the 
emission of sulfur dioxide from any stack containing sulfur dioxide in 
excess of 17.0 pounds of sulfur dioxide per ton of actual process weight 
input.
    (xiv) PPG Industries or any subsequent owner or operator of the PPG 
Industries facilities in Summit County, Ohio, shall not cause or permit 
the emission of sulfur dioxide from any stack at this facility in excess 
of 0.00 pounds of sulfur dioxide per million BTU actual heat input for 
each coal-fired unit.
    (xv) PPG Industries, or any subsequent owner or operator of the PPG 
Industries, Inc., Columbia Cement Plant, located in Summit County, Ohio, 
shall not cause or permit the emission of sulfur dioxide from any stack 
in excess of 0.0 pounds of sulfur dioxide per ton actual process weight 
input for the kilns.
    (xvi) The present or any subsequent owner or operator of the Midwest 
Rubber Co. in Summit County, Ohio, shall not cause or permit the 
emission of sulfur dioxide from any stack at this facility in excess 
1.80 pounds of sulfur dioxide per million BTU actual heat input.
    (xvii) The present or any subsequent owner or operator of the Terex 
Division of General Motors Corp. in Summit County, Ohio, shall not cause 
or permit the emission of sulfur dioxide from any stack at this facility 
in excess of 0.85 pounds of sulfur dioxide per million BTU actual heat 
input.
    (xviii) The present or any subsequent owner or operator of the 
General Tire & Rubber Co. in Summit County, Ohio, shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of the rates specified below:

[[Page 769]]

    (A) 0.46 pound of sulfur dioxide per million BTU actual heat input 
for oil-fired boiler 1 when exiting through stack S-35.
    (B) 0.46 pound of sulfur dioxide per million BTU actual heat input 
for oil-fired boiler 2 when exiting through stack S-36.
    (C) 0.46 pound of sulfur dioxide per million BTU actual heat input 
for oil-fired boiler 3 when exiting through stack S-37.
    (D) In lieu of meeting paragraph (59)(xviii) (A), (B), and (C) of 
this paragraph (b), The General Tire and Rubber Company may elect to 
comply with the alternate emission limitations and operating conditions 
specified below, provided the Goodyear Tire and Rubber Company or any 
owner of operator of the Goodyear Tire and Rubber Plant II facilities in 
Summit County, Ohio, complies with Sec. 52.1881(b)(ix)(E):
    (1) The General Tire and Rubber Company shall not cause or permit 
the emission of sulfur dioxide from any stack in excess 2.47 pounds of 
sulfur dioxide per million BTU actual heat input for oil-fired boilers 
1, 2, and 3 when exiting through one-175 foot stack consistent with 
section 123 of the Clean Air Act, as amended.
    (xix) The present or any subsequent owner or operator of the 
Goodyear Aerospace Co. in Summit County, Ohio, shall not cause or permit 
the emission of sulfur dioxide from any stack at AB boilerhouse of this 
facility in excess of 1.10 pounds of sulfur dioxide per million BTU of 
actual heat input or the emission of sulfur dioxide from any stack at D 
boilerhouse of the facility in excess of 1.83 pounds of sulfur dioxide 
per million BTU of actual heat input.
    (xx) The present or any subsequent owner or operator of the B. F. 
Goodrich Chemical Co. in Summit County, Ohio, shall not cause the 
emission of sulfur dioxide from any stack at this facility in excess of 
5.22 pounds of sulfur dioxide per million BTU actual heat input.
    (xxi) The present or any subsequent owner or operator of the 
Chrysler Corp. in Summit County, Ohio, shall not cause or permit the 
emission of sulfur dioxide from any stack at this facility in excess of 
the rates specified below:
    (A) 0.86 pound of sulfur dioxide per million BTU actual heat input 
for boiler No. B001.
    (B) 1.19 pounds of sulfur dioxide per million BTU actual heat input 
for boilers Nos. B002 and B003.
    (29) In Washington County: (i) The Shell Oil Company or any 
subsequent owner or operator of the Shell Oil facilities at Washington 
County, Ohio shall not cause or permit the emission of sulfur dioxide 
from any stack at this facility in excess of 2.50 pounds of sulfur 
dioxide per million BTU actual heat input.
    (ii)  [Reserved]
    (30) In Wood County, no owner or operator of any fossil fuel-fired 
steam generating unit or process operation heater shall cause or permit 
the emission of sulfur dioxide from any stack in excess of 1.10 pounds 
of sulfur dioxide per million BTU actual heat input.
    (i) Bowling Green University or any subsequent owner of the Bowling 
Green facility in Wood County, Ohio, shall not cause or permit the 
emission of sulfur dioxide from any stack at this facility in excess of 
5.5 pounds of sulfur dioxide per million BTU actual heat input.

[39 FR 13542, Apr. 15, 1974]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1881, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.1882  Compliance schedules.

    (a) Federal compliance schedules. (1) Except as provided in 
paragraph (a)(5) of this section, the owner or operator of any process 
equipment subject to applicable paragraphs of Sec. 52.1881(b), shall 
comply with the compliance schedule in paragraph (a)(2) of this section.
    (2) Any owner or operator of any process equipment subject to 
applicable paragraphs of Sec. 52.1881(b) of this chapter shall take the 
following actions to comply with the requirements of said regulation 
with respect to that source no later than the date specified.
    (i) 8 weeks from the date of promulgation--Submit preliminary 
control plans to the Administrator.
    (ii) 25 weeks from the date of promulgation--Submit final control 
plan to the Administrator.

[[Page 770]]

    (iii) 34 weeks from the date of promulgation--Award contracts for 
emissions control systems or process modification, or issue orders for 
purchase of component parts to accomplish emission control or process 
modification and notify the Administrator in writing that such action 
was taken.
    (iv) 52 weeks from the date of promulgation--Initiate on-site 
construction or installation of emission control equipment or process 
change and notify the Administrator in writing that such action was 
taken.
    (v) 139 weeks from the date of promulgation--Complete construction 
or installation of emission control equipment or process change and 
notify the Administrator in writing that such action was taken.
    (vi) 154 weeks from the date of promulgation--Complete shakedown 
operations and performance test on source, submit performance test 
results to the Administrator and achieve final compliance with 
Sec. 52.1881(b) of this chapter, as applicable.
    (3) Except as provided in paragraph (a)(5) of this section, the 
owner or operator of any stack venting any fossil fuel-fired steam 
generating unit(s) subject to Sec. 52.1881(b) of this chapter shall 
comply the applicable compliance schedule in paragraph (a)(4) of this 
section.
    (4)(i) The owner or operator of any stack venting any fossil fuel 
fired steam generating unit(s) subject to Sec. 52.1881(b) of this 
chapter who elects to comply with an applicable optional emission 
limitation specified in Sec. 52.1881(b) of this chapter, shall notify 
the Administrator no later than eight weeks after the date of this 
promulgation of the specific emission limitations selected. Failure to 
select applicable optional emission limitations shall result in the 
facility being subject to the single uniform emission limitation for all 
stacks at that facility specified in Sec. 52.1881(b). Notice received 
later than eight weeks after the date of promulgation shall be invalid.
    (ii) The owner or operator of any fossil fuel-fired steam generating 
unit(s) subject to applicable paragraphs of Sec. 52.1881(b) of this 
chapter shall notify the Administrator no later than eight weeks after 
the date of promulgation of his intent to utilize either low-sulfur fuel 
including blended or washed coal or flue gas desulfurization to comply 
with the requirements of said regulation.
    (iii) Any owner or operator of any stack venting any fossil fuel-
fired steam generating unit(s) subject to applicable paragraphs of 
Sec. 52.1881(b) of this chapter who elects to utilize low-sulfur fuel 
including blended or washed coal to comply with the requirements of said 
regulation shall take the following actions with respect to that source 
no later than the date specified:
    (a) 8 weeks from the date of promulgation--Submit to the 
Administrator a projection for 10 years of the amount of fuel by types 
that will be substantially adequate to enable compliance with 
Sec. 52.1881(b) of this chapter, as applicable.
    (b) 32 weeks from the date of promulgation--Submit data 
demonstrating the availability of the fuel meeting the requirements 
projected in paragraph (a)(4)(iii)(a) of this section, to the 
Administrator.
    (c) 36 weeks from the date of promulgation--Submit a statement to 
the Administrator as to whether boiler modifications will or will not be 
required. If modifications will be required, submit plans for such 
modifications.
    (d) 50 weeks from the date of promulgation--Let contracts for 
necessary boiler modifications, if applicable, and notify the 
Administrator in writing that such action was taken.
    (e) 60 weeks from the date of promulgation--Initiate on-site 
modifications, if applicable, and notify the Administrator in writing 
that such action was taken.
    (f) 118 weeks from the date of promulgation--Complete on-site 
modification, if applicable, and notify the Administrator in writing 
that such action was taken.
    (g) 122 weeks from the date of promulgation--Achieve final 
compliance with the emission limitation of Sec. 52.1881(b) of this 
chapter, as applicable, and notify the Administrator in writing that 
such action was taken.
    (iv) Any owner or operator of any stack venting any fossil fuel-
fired steam generating unit(s) subject to applicable paragraphs of 
Sec. 52.1881(b) of

[[Page 771]]

this chapter who elects to utilize flue gas desulfurization to comply 
with the requirements of said regulations shall take the following 
actions with respect to the source no later than the date specified.
    (a) 17 weeks from the date of promulgation--Let necessary contracts 
for construction and notify the Administrator in writing that such 
action was taken.
    (b) 61 weeks from the date of promulgation--Initiate on-site 
construction and notify the Administrator in writing that such action 
was taken.
    (c) 145 weeks from the date of promulgation--Complete on-site 
construction and notify the Administrator in writing that such action 
was taken.
    (d) 156 weeks from the date of promulgation--Complete shakedown 
operations and performance test on source, submit performance test 
results to the Administrator and achieve final compliance with 
Sec. 52.1881(b) of this chapter, as applicable.
    (5)(i) None of the preceding paragraphs of this paragraph shall 
apply to any owner or operator of a source which is presently in 
compliance with the applicable paragraphs of Sec. 52.1881(b) of this 
chapter.
    (ii) Any owner or operator of a source capable of emitting 100 tons 
of sulfur dioxide per year from all stacks at any facility who is 
presently in compliance with the applicable paragraphs of 
Sec. 52.1881(b) of this chapter shall so certify to the Administrator by 
four weeks from the date of promulgation.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph who elects to achieve compliance by means not covered by this 
paragraph may submit to the Administrator no later than six weeks from 
the date of promulgation a proposed alternative compliance schedule. For 
process equipment subject to applicable paragraphs of Sec. 52.1881(b) of 
this chapter no such compliance schedule may provide for final 
compliance after the final compliance date in paragraph (a)(2) of this 
section. For any stack venting any fossil fuel-fired steam generating 
unit(s) subject to applicable paragraphs of Sec. 52.1881(b) of this 
chapter, which will utilize low-sulfur fuel including blended or washed 
coal to comply with the requirements of said regulations, no such 
compliance schedule may provide for final compliance after final 
compliance date in paragraph (a)(4)(iii) of this section. For any stack 
venting any fossil fuel-fired steam generating unit(s) subject to 
applicable paragraphs of Sec. 52.1881(b) of this chapter, which will 
utilize flue gas desulfurization to comply with the requirements of said 
regulations, no such compliance schedule may provide for final 
compliance after the final compliance date in paragraph (a)(4)(iv) of 
this section.
    (iv) Any owner or operator of any process equipment subject to 
applicable paragraphs of Sec. 52.1881(b) of this chapter who submits an 
alternative compliance schedule pursuant to Sec. 52.1882(a)(5)(iii) of 
this chapter shall remain subject to the provisions of 
Sec. 52.1882(a)(2) of this chapter until the alternative schedule is 
approved by the Administrator.
    (v) Any owner or operator of any stack venting any fossil fuel-fired 
steam generating unit(s) subject to applicable paragraphs of 
Sec. 52.1881(b) of this chapter who submits an alternative compliance 
schedule pursuant to Sec. 52.1881(a)(5)(iii) of this chapter shall 
remain subject to the provisions of Sec. 52.1882(a)(4) of this chapter 
until the alternative schedule is approved by the Administrator.
    (6) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedules in paragraph (d) (2), or (4) of this section 
fails to satisfy the requirements of Sec. 51.15 (b) and (c) of this 
chapter.
    (b) Federal compliance schedule for petitioners in Buckeye Power, 
Inc. et al. v. USEPA, No. 76-2090 et al.
    (1) Except as provided in paragraph (b)(5) of this section, the 
owner or operator of any process equipment subject to applicable 
paragraphs of Sec. 52.1881(b) shall comply with the compliance schedule 
in paragraph (b)(2) of this section.
    (2) Any owner or operator of any process equipment subject to 
applicable paragraphs of Sec. 52.1881(b) of the chapter shall take the 
following actions to comply with the requirements

[[Page 772]]

of said regulation with respect to that source no later than the date 
specified.
    (i) 8 weeks from June 17, 1977: Submit preliminary control plans to 
the Administrator.
    (ii) 25 weeks from June 17, 1977: Submit final control plan to the 
Administrator.
    (iii) 34 weeks from June 17, 1977: Award contracts for emissions 
control systems or process modification, or issue orders for purchase of 
component parts to accomplish emission control or process modification 
and notify the Administrator in writing that such action was taken.
    (iv) 52 weeks from June 17, 1977: Initiate on-site construction or 
installation of emission control equipment or process change and notify 
the Administrator in writing that such action was taken.
    (v) 139 weeks from June 17, 1977: Complete construction or 
installation of emission control equipment or process change and notify 
the Administrator in writing that such action was taken.
    (vi) 154 weeks from June 17, 1977: Complete shakedown operations and 
performance test on source, submit performance test results to the 
Administrator and achieve final compliance with Sec. 52.1881(b) of this 
chapter, as applicable.
    (3) Except as provided in paragraph (5) of this paragraph (b), the 
owner or operator of any stack venting any fossil fuel-fired steam-
generating unit(s) subject to Sec. 52.1881(b) of this chapter shall 
comply with the applicable compliance schedule in paragrah (b)(4) of 
this section.
    (4)(i) The owner or operator of any stack venting any fossil fuel-
fired steam generating unit(s) or process subject to Sec. 52.1881(b) of 
this chapter who elects to comply with an applicable optional emission 
limitation specified in Sec. 52.1881(b) of this chapter, shall notify 
the Administrator no later than 17 weeks after June 17, 1977 of the 
specific emission limitations selected. Failure to select applicable 
optional emission limitations shall result in the facility being subject 
to the single uniform emission limitation for all stacks at that 
facility specified in Sec. 52.1881(b). Notice received later than 17 
weeks after June 17, 1977 shall be invalid.
    (ii) The owner or operator of any fossil fuel-fired steam generating 
unit(s) subject to applicable paragraphs of Sec. 52.1881(b) of this 
chapter shall notify the Administrator no later than 17 weeks after June 
17, 1977 of his intent to utilize either low-sulfur fuel including 
blended or washed coal or flue gas desulfurization to comply with the 
requirements of said regulation.
    (iii) Any owner or operator of any stack venting any fossil fuel-
fired steam generating unit(s) subject to applicable paragraphs of 
Sec. 52.1881(b) of this chapter who elects to utilize low sulfur fuel 
including blended or washed coal to comply with the requirements of said 
regulation shall take the following actions with respect to that source 
no later than the date specified:
    (A) 17 weeks after June 17, 1977: Submit to the Administrator a 
projection for ten years of the amount of fuel by types that will be 
substantially adequate to enable compliance with Sec. 52.1881(b) of this 
chapter, as applicable.
    (B) 32 weeks from June 17, 1977: Submit data demonstrating the 
availability of the fuel meeting the requirements projected in paragraph 
(a) of this section to the Administrator.
    (C) 36 weeks after June 17, 1977: Submit a statement to the 
Administrator as to whether boiler modifications will or will not be 
required. If modifications will be required, submit plans for such 
modifications.
    (D) 50 weeks from June 17, 1977: Let contracts for necessary boiler 
modifications, if applicable, and notify the Administrator in writing 
that such action was taken.
    (E) 60 weeks after June 17, 1977: Initiate on-site modifications, if 
applicable, and notify the Administrator in writing that such action was 
taken.
    (F) 118 weeks from June 17, 1977: Complete on-site modification, if 
applicable, and notify the Administrator in writing that such action was 
taken.
    (G) 122 weeks from June 17, 1977: Achieve final compliance with the 
emission limitation of Sec. 52.1881(b) of this chapter, as applicable, 
and notify the Administrator in writing that such action was taken.
    (iv) Any owner or operator of any stack venting any fossil fuel-
fired

[[Page 773]]

steam generating unit(s) subject to applicable paragraphs of 
Sec. 52.1881(b) of this chapter who elects to utilize flue gas 
desulfurization to comply with the requirements of said regulations 
shall take the following actions with respect to the source no later 
than the date specified.
    (A) 17 weeks from June 17, 1977: Let necessary contracts for 
construction and notify the Administrator in writing that such action 
was taken.
    (B) 61 weeks from June 17, 1977: Initiate on-site construction and 
notify the Administrator in writing that such action was taken.
    (C) 145 weeks from June 17, 1977: Complete on-site construction and 
notify the Administrator in writing that such action was taken.
    (D) 156 weeks from June 17, 1977: Complete shakedown operations and 
performance test on source, submit performance test results to the 
Administrator and achieve final compliance with Sec. 52.1881(b) of this 
chapter, as applicable.
    (5)(i) None of the preceding paragraphs of this section shall apply 
to any owner or operator of a source which is presently in compliance 
with the applicable paragraphs of Sec. 52.1881(b) of this chapter.
    (ii) Any owner or operator of a source capable of emitting 100 tons 
of sulfur dioxide per year from all stacks at any facility who is 
presently in compliance with the applicable paragraphs of 
Sec. 52.1881(b) of this chapter shall so certify to the Administrator by 
four weeks from June 17, 1977.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph who elects to achieve compliance by means not covered by this 
paragraph may submit to the Administrator no later than six weeks from 
June 17, 1977, a proposed alternative compliance schedule. For process 
equipment subject to applicable subparagraphs of Sec. 52.1881(b) of this 
chapter no such compliance schedule may provide for final compliance 
after the final compliance date in paragraph (b)(2) of this section. For 
any stack venting any fossil fuel-fired steam-generating unit(s) subject 
to applicable paragraphs of Sec. 52.1881(b) of this chapter, which will 
utilize low-sulfur fuel including blended or washed coal to comply with 
the requirements of said regulations, no such compliance schedule may 
provide for final compliance after final compliance date in paragraph 
(b)(4)(iii) of this section. For any stack venting any fossil fuel-fired 
steam-generating unit(s) subject to applicable paragraphs of 
Sec. 52.1881(b) of this chapter, which will utilize flue gas 
desulfurization to comply with the requirements of said regulations, no 
such compliance schedule may provide for final compliance after the 
final compliance date in paragraph (b)(4)(iv) of this section.
    (iv) Any owner or operator of any process equipment subject to 
applicable paragraphs of Sec. 52.1881(b) of this chapter who submits an 
alternative compliance schedule pursuant to Sec. 52.1882(b)(5)(iii) of 
this chapter shall remain subject to the provisions of 
Sec. 52.1882(b)(2) of this chapter until the alternative schedule is 
approved by the Administrator.
    (v) Any owner or operator of any stack venting any fossil fuel-fired 
steam-generating unit(s) subject to applicable paragraphs of 
Sec. 52.1881(b) of this chapter who submits an alternative compliance 
schedule pursuant to Sec. 52.1882(b)(5)(iii) of this chapter shall 
remain subject to the provisions of Sec. 52.1882(b)(4) of this chapter 
until the alternative schedule is approved by the Administrator.
    (6) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedules in paragraphs (b) (2) or (4) of this section 
fails to satisfy the requirements of Sec. 51.15 (b) and (c) of this 
chapter.
    (7) Section 52.1882(b)(4)(iii)(G) is suspended for Cleveland 
Electric Illuminating Company's Eastlake and Avon Lake facilities 
pending final rulemaking on the June 12, 1979 (44 FR 33712) proposed 
revision to the Ohio State Implementation Plan, but in no event will the 
suspension extend beyond the plan attainment date of June 17, 1980.
    (8) Federal compliance schedules for the Toledo Edison Acme Power 
Plant coal fired units and the Water Street Steam Plant oil fired units 
is as set forth in Sec. 52.1882(b) except that

[[Page 774]]

Sec. 52.1882(b)(4)(iii)(G) is changed, for these units only, as follows: 
April 15, 1980: Achieve final compliance with the emission limitation of 
Sec. 52.1881(b) of this chapter, as applicable, and notify the 
Administrator in writing that such action was taken.
    (c) Federal compliance schedule for Ashland Oil Company is set forth 
in Sec. 52.1882(b), except that all references to June 17, 1977 are 
changed to September 14, 1979.
    (d) Monitoring and reporting requirement for non-simultaneous 
operation.
    (1) Any owner or operator of any source of sulfur dioxide subject to 
a provision of Sec. 52.1881 of this chapter which limits the combination 
of point sources which the source may operate at any time shall, in 
addition to any other reporting requirements of this chapter, comply 
with the following:
    (i) Install not later than the date by which compliance with the 
applicable emission limitation of Sec. 52.1881 is required a device(s) 
to determine and record the time of operation of each such point source;
    (ii) Retain such records for at least two years; and
    (iii) Report to the Administrator within 30 days of each such 
occurrence any period during which sources are operated in any 
combination not allowed by an applicable requirement of Sec. 52.1881.
    (e)(1) The Federal compliance schedule for sources in Summit County 
identified in Sec. 52.1875, footnote ``f'' is set forth in 
Sec. 52.1882(b) except that all references to June 17, 1977, are changed 
to January 4, 1980.
    (2) The owner or operator of any fossil-fuel fired steam generating 
unit in Summit County with alternative emission limitations specified 
for one or more units at its facility in Sec. 52.1881(b)(59) shall 
notify the Administrator no later than 17 weeks after January 4, 1980 of 
the applicable emission limitation selected.

Failure to indicate a selected emission limitation shall result in each 
unit at a facility being subject to the first emission limitation 
specified for that unit in the applicable regulation.
    (f) The Federal Compliance schedule for the PPG Industries, Inc. 
boilers in Summit County, Ohio is set forth in Sec. 52.1882(b) except 
that all references to June 17, 1977, are changed to August 25, 1980.
    (g) Monitoring and reporting requirements for sources subject to 
reduced operating load requirements.
    (1) Any owner or operator of any source of sulfur dioxide subject to 
a provision of Sec. 52.1881 of this chapter which limits the operating 
level of any point source at any time shall, in addition to any other 
reporting requirements of this chapter, comply with the following:
    (i) Install, not later than the date by which compliance with the 
applicable emission limitation of Sec. 52.1881 is required, a device(s) 
to determine and record the level of operation of each such point 
source;
    (ii) Retain such records for at least two years; and
    (iii) Report to the Administrator within 30 days of each such 
occurrence any period during which any source is operated above the 
specified operating level allowed by an applicable requirement of 
Sec. 52.1881.
    (h) The federal compliance schedule for Ohio Power Company's 
Cardinal plant in Jefferson County and Muskingum River plant in 
Washington and Morgan Counties and Columbus and Southern Ohio Electric 
Company's Conesville plant in Coshocton County is setforth in 
Sec. 52.1882(b) except that all references to June 17, 1977, are changed 
to June 19, 1980.
    (i) If the owner or operator of the Columbus and Southern Ohio 
Electric Company's Conesville plant in Coshocton County elects to comply 
with the emission limitation set forth in Sec. 52.1881(b)(21) by 
installing a coal-washing facility, the owner or operator shall meet the 
following compliance schedule in lieu of meeting the compliance schedule 
set forth in Sec. 52.1882(b).
    (1) 4 weeks from date of promulgation of this schedule: Notify the 
Administrator of intent to use washed coal to comply with sulfur dioxide 
emission limitations for the Conesville steam plant; submit a projection 
for ten years of the amount of coal necessary to enable compliance at 
this facility; submit the quality specifications of the fuel that is to 
be used. Such specifications

[[Page 775]]

shall include sulfur content, ash content, heat and moisture content.
    (2) 8 weeks from date of promulgation of this schedule: Submit data 
to the Administrator demonstrating the availability of fuel necessary to 
achieve compliance at the Conesville steam plant. Such data shall 
consist of copies of signed contracts withcoal suppliers and/or signed 
contracts with a vendor pursuant to which the utility shall construct a 
coal preparation facility; submit statement to the Administrator as to 
whether boiler modifications at the Conesville steam plant will be 
required for combustion of the prepared (washed) complying coal. If 
boiler modifications are required, submit plans for such modifications.
    (3) 8 weeks from date of promulgation of this schedule: If a coal 
preparation facility is to be constructed by the utility for preparing 
all or a portion of the fuel for combustion at the Conesville steam 
plant, submit to the Administrator a plant detailing actions to be taken 
to ensure completion of construction and startup in sufficient time to 
provide complying fuel for the final compliance date.
    (4) 52 weeks from June 19, 1980: Complete engineering and 
specifications for the coal preparation facility.
    (5) 64 weeks from June 19, 1980: Award contract for construction of 
the coal preparation facility providing incentives to the contractor to 
expedite the project.
    (6) 108 weeks from June 19, 1980: Initiate on-site construction of 
the new coal preparation facility.
    (7) 152 weeks from June 19, 1980: Complete construction of the coal 
preparation facility.
    (8) 52 weeks from June 19, 1980: Submit to the Administrator a 
continuous monitoring plan detailing the equipment to be installed, 
equipment locations, and data reduction techniques as well as schedule 
of installation.
    (9) 104 weeks from June 19, 1980: Complete installation and 
certification of sulfur dioxide monitors on stacks 1, 2 and 3 at the 
Conesville steam plant.
    (10) 152 weeks from June 19, 1980: Complete any necessary boiler 
modifications to the Conesville steam plant units 1-4.
    (11) 156 weeks (three years) from June 19, 1980: Achieve and 
demonstrate compliance at units 1-4 of the Conesville steam plant with 
the applicable emission limitation in Sec. 52.1881 of this chapter.
    (j) The Federal compliance schedule for the Portsmouth Gaseous 
Diffusion Plant in Pike County is set forth in Sec. 52.1882(b) except 
that all references to June 17, 1977 are changed to (the effective date 
of promulgation).
    (k) The Federal compliance schedule for the Ohio Power Company Gavin 
Power Plant in Gallia County is set forth in Sec. 52.1882(b) except that 
all references to June 17, 1977 are changed to August 25, 1982.
    (l) The Federal compliance schedule for the LTV Steel Company, Inc., 
in Cuyahoga County is as follows:
    (1) 6 months from the date of promulgation--Achieve final compliance 
with Sec. 52.1881(b) for all sources except Boilers 26-34, Boilers A 
through D, and Coke Plant No. 2 Car Thaw.
    (2) Achieve final compliance with Sec. 52.1881(b) for Boilers 26-34, 
Boilers A through D, and Coke Plant No. 2 Car Thaw by March 17, 1994.

[41 FR 36339, Aug. 27, 1976, as amended at 42 FR 27592, May 31, 1977; 44 
FR 47772, Aug. 15, 1979; 45 FR 30069, May 7, 1980; 45 FR 49552, July 25, 
1980; 45 FR 73929, Nov. 7, 1980; 46 FR 21769, Apr. 14, 1981; 46 FR 
23927, Apr. 29, 1981; 46 FR 24948, May 4, 1981; 46 FR 49125, Oct. 6, 
1981; 47 FR 32123, July 26, 1982; 58 FR 46871, Sept. 3, 1993]
Sec. 52.1883  [Reserved]



Sec. 52.1884   Significant deterioration of air quality.

    (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 Sec. 52.21 (b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of Ohio.
    (c) All applications and other information required pursuant to 
Sec. 52.21 from sources in the State of Ohio shall be submitted to the 
Director of the

[[Page 776]]

Ohio Environmental Protection Agency, P.O. Box 1049, Columbus, Ohio 
43216 instead of the EPA Region V office.

[45 FR 52741, Aug. 7, 1980, and 46 FR 9584, Jan. 29, 1981]



Sec. 52.1885  Control strategy: Ozone.

    (a) Part D--Approval. The following portions of the Ohio plan are 
approved:
    (1) The ozone portions of rules 01, 02, 03, 04 (except the portion 
disapproved below), 05, 06, 07, 08, 09 (except the portions 
conditionally approved below) and 10 of Chapter 3745-21 of the Ohio 
Administrative Code.
    (2) The Attainment Demonstrations for the following urban areas: 
Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo and 
Youngstown.
    (3) The Reasonable Further Progress Demonstration for the following 
areas: Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo 
and Youngstown.
    (4) The ozone nonattainment area plan for the rural nonattainment 
areas.
    (b) The maintenance plans for the following counties are approved:
    (1) Preble County.
    (2) Columbiana County.
    (3) Jefferson County.
    (4) Montgomery, Greene, Miami, and Clark Counties. This plan 
includes implementation of Stage II vapor recovery and an enhanced 
vehicle inspection and maintenance program.
    (5) Lucas and Wood Counties.
    (6) Franklin, Delaware, and Licking Counties.
    (7) Stark County.
    (8) Mahoning and Trumbull Counties.
    (9) Clinton County
    (10) Lorain, Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit, and 
Portage Counties.
    (c) Disapproval. USEPA disapproves the compliance schedule in 
revised rule 04(c)(18) of Chapter 3745-21 of the Ohio Administrative 
Code as it applies to facilities formerly covered by the compliance 
schedule in old rule 04(c)(1) of Chapter 3745-21. This disapproval in 
and of itself does not result in the growth restrictions of section 
110(a)(2)(I).
    (d) Part D--No Action. USEPA at this time takes no action on the 
vehicle inspection and maintenance (I/M) program required for those non-
attainment areas which have requested an extension to demonstrate ozone 
attainment.
    (e)-(q)  [Reserved]
    (r) Approval--USEPA is approving two exemption requests submitted by 
the Ohio Environmental Protection Agency on September 20, 1993, and 
November 8, 1993, for the Toledo and Dayton ozone nonattainment areas, 
respectively, from the requirements contained in Section 182(f) of the 
Clean Air Act. This approval exempts the Lucas, Wood, Clark, Greene, 
Miami, and Montgomery Counties from the requirements to implement 
reasonably available control technology (RACT) for major sources of 
nitrogen oxides (NOX), nonattainment area new source review (NSR) 
for new sources and modifications that are major for NOX, and the 
NOX-related requirements of the general and transportation 
conformity provisions. For the Dayton ozone nonattainment area, the 
Dayton local area has opted for an enhanced inspection and maintenance 
(I/M) program. Upon final approval of this exemption, the Clark, Greene, 
Miami, and Montgomery Counties shall not be required to demonstrate 
compliance with the enhanced I/M performance standard for NOX. If a 
violation of the ozone NAAQS is monitored in the Toledo or Dayton 
area(s), the exemptions from the requirements of Section 182(f) of the 
Act in the applicable area(s) shall no longer apply.
    (s) Approval--The 1990 base-year ozone emissions inventory 
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied 
for the following ozone nonattainment areas: Toledo (Lucas and Wood 
Counties) and Dayton (Clark, Greene, Miami, and Montgomery Counties).
    (t)  [Reserved]
    (u) Approval--The 1990 base-year ozone emissions inventory 
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied 
for the Columbus ozone nonattainment area (which includes the Counties 
of Delaware, Franklin, and Licking).
    (v) Approval--The 1990 base-year ozone emissions inventory 
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied 
for the Canton (Stark County); Cincinnati-Hamilton

[[Page 777]]

(Butler, Clermont, Hamilton and Warren Counties); Cleveland-Akron-Lorain 
(Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit 
Counties); and Youngstown-Warren-Sharon (Mahoning and Trumbull Counties) 
areas.
    (w) Determination--USEPA is determining that, as of May 7, 1996, the 
Cleveland-Akron-Lorain ozone nonattainment area (which includes the 
Counties of Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage 
and Summit) have attained the ozone standard and that the reasonable 
further progress and attainment demonstration requirements of section 
182(b)(1) and related requirements of section 172(c)(9) of the Clean Air 
Act do not apply to the area.
    (x) Approval--The USEPA is approving exemption requests submitted by 
the State of Ohio on March 18, November 1, and November 15, 1994, from 
the requirements contained in Section 182(f) of the Clean Air Act. This 
approval exempts the following counties in Ohio from the NOX-
related general and transportation conformity provisions, and 
nonattainment area NSR for new sources and modifications that are major 
for NOX: Clinton, Columbiana, Delaware, Franklin, Jefferson, 
Licking, Mahoning, Preble, Stark, and Trumbull. This approval also 
exempts the following counties in Ohio from the NOX-related general 
conformity provisions, nonattainment area NSR for new sources and 
modifications that are major for NOX, NOX RACT, and a 
demonstration of compliance with the enhanced I/M performance standard 
for NOX: Ashtabula, Butler, Clermont, Cuyahoga, Geauga, Hamilton, 
Lake, Lorain, Medina, Portage, Summit, and Warren. If, prior to 
redesignation to attainment, a violation of the ozone NAAQS is monitored 
in the Canton, Cincinnati, Cleveland, Columbus, Youngstown, and 
Steubenville areas, Preble County and Clinton County, the exemptions 
from the requirements of Section 182(f) of the Act in the applicable 
area(s) shall no longer apply.
    (y) Approval--The 1990 base-year ozone emissions inventory 
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied 
for Clinton County.

[45 FR 72142, Oct. 31, 1980]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1885, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.
Sec. 52.1886  [Reserved]



Sec. 52.1887  Control strategy: Carbon  monoxide.

    (a) Part D--Approval--The following portions of the Ohio plan are 
approved:
    (1) The carbon monoxide portions of rules 01, 02, 03, 04 (except the 
portion disapproved in Sec. 52.1877(c)), 05, 06, 07, 08, 09 (except the 
portions conditionally approved in Sec. 52.1877(b)) and 10 of Chapter 
3745-21 of the Ohio Administrative Code.
    (2) The transportation control plans for the following urban areas: 
Akron (ozone component only), Canton, Cincinnati, Columbus, Dayton, 
Steubenville, Toledo (ozone component only), Cleveland.
    (3) The carbon monoxide attainment and reasonable further progress 
demonstrations for the following urban areas: Cincinnati, Cleveland, 
Columbus and Youngstown.
    (b)  [Reserved]
    (c) Part D--No Action--USEPA at this time takes no action on the 
carbon monoxide portions of the plan submitted for the urban areas of 
Akron and Toledo nor on the vehicle inspection and maintenance (I/M) 
program required for those nonattainment areas which have requested an 
extension to demonstrate carbon monoxide attainment.
    (d) Disapproval--On June 9, 1982 (draft), and November 9, 1982 
(final), the State of Ohio submitted a revised demonstration that 
attempts to show attainment by December 31, 1982, of the carbon monoxide 
(CO) National Ambient Air Quality Standards (NAAQS) for the Cleveland 
urban area. Supplemental information was submitted on March 8, 1983, 
March 16, 1983, December 5, 1983, and May 9, 1985. The June 9, 1982, and 
March 8, 1983, submittals also requested that the 5-year extension for 
meeting the NAAQS requested on July 29, 1979, and granted by USEPA on 
October 31, 1980, and June 18, 1981, be rescinded for this area. The 
attainment demonstration and rescission request are disapproved by USEPA 
because

[[Page 778]]

they do not meet the requirements of Sec. 51.10(b).

[45 FR 72143, Oct. 31, 1980, as amended at 45 FR 72147, Oct. 31, 1980; 
49 FR 22815, June 1, 1984; 51 FR 10391, Mar. 26, 1986; 54 FR 615, Jan. 
9, 1989; 54 FR 12621, Mar. 28, 1989; 55 FR 17752, Apr. 27, 1990]



Sec. 52.1888  Operating permits.

    Emission limitations and related provisions which are established in 
Ohio operating permits as federally enforceable conditions in accordance 
with Rule 3745-35-07 shall be enforceable by USEPA and by any person 
under section 304 of the Clean Air Act. USEPA reserves the right to deem 
permit conditions not federally enforceable. Such a determination will 
be made according to appropriate procedures, and will be based upon the 
permit, permit approval procedures or permit requirements which do not 
conform with the operating permit program requirements or the 
requirements of USEPA's underlying regulations.

[60 FR 55202, Oct. 30, 1995]



Sec. 52.1889  Small business stationary source technical and environmental compliance assistance program.

    The Ohio program, submitted as a requested revision to the Ohio 
State Implementation Plan on May 17, 1994, and May 4, 1995, satisfies 
the requirements of section 507 of the Clean Air Act.

[60 FR 42045, Aug. 15, 1995]



Sec. 52.1919   Identification of plan-conditional approval.

    (a) The plan commitments listed below were submitted on the dates 
specified.
    (1) [Reserved]
    (2) On April 20, 1994, Ohio submitted Rule 3745-35-07, entitled 
``Federally Enforceable Limitations on Potential to Emit,'' and 
requested authority to issue such limitations as conditions in State 
operating permits. On June 16, 1994, Ohio submitted a commitment to 
revise Rule 3745-35-07 to clarify that the rule provides for USEPA 
objection to permits after issuance. The revisions are approved provided 
Ohio fulfills this commitment by October 25, 1995.
    (i) Incorporation by reference.
    (A) Rule 3745-35-07, adopted April 4, 1994, effective April 20, 
1994.
    (3) Conditional Approval--On August 17, 1995, the Ohio Environmental 
Protection Agency submitted a revision to the State Implementation Plan. 
The submittal pertained to a plan for the implementation of the federal 
transportation conformity requirements at the State or local level in 
accordance with 40 CFR part 51, subpart T--Conformity to State or 
Federal Implementation Plans of Transportation Plans, Programs, and 
Projects Developed, Funded or Approved Under Title 23 U.S.C. or the 
Federal Transit Act. This conditional approval is based, in part, on the 
State's commitment, submitted in a letter on April 1, 1996, to submit 
revised transportation conformity rules to incorporate the two 
amendments to the federal transportation conformity regulations. The 
State of Ohio committed to revise its transportation conformity rules by 
November 14, 1996. If the State ultimately fails to meet its commitment 
to meet these requirements within one year of final conditional 
approval, then USEPA's action for the State's requested SIP revision 
will automatically convert to a final disapproval.
    (i) Incorporation by reference. August 1, 1995, Ohio Administrative 
Code Chapter 3745-101, effective August 21, 1995.
    (b) (Reserved)

[61 FR 24460, May 15, 1996, as amended at 61 FR 24705, May 16, 1996]

    Effective Date Note: At 61 FR 24460, May 15, 1996, Sec. 52.1919 was 
revised, effective July 15, 1996. At 61 FR 24705, May 16, 1996, 
Sec. 52.1919 was further amended by adding paragraph (a)(3), effective 
July 15, 1996. For the convenience of the user the superseded text is 
set forth as follows:
Sec. 52.1919  Identification of plan-conditional approval.
    (a)(1) On October 16, 1991, and March 17, 1993, the Ohio 
Environmental Protection Agency (OEPA) submitted revisions to the State 
Implementation Plan (SIP) for sulfur dioxide for sources in Hamilton 
County, Ohio. The revisions are approved provided that the State of 
Indiana Department of Environmental Management (IDEM) submits to USEPA, 
by September 23, 1995, a proposed SIP revision incorporating the limits 
identified in the September 1, 1992, letter from Joseph E. Seagram and 
Sons, Inc. to IDEM and the Ohio Environmental Protection Agency.

[[Page 779]]

    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-18-03 Attainment dates 
and compliance time schedules, Sections (A)(2)(c); (B)(7)(a); (B)(7)(b); 
(C)(8)(a); (C)(8)(b); (C)(9)(a); (C)(9)(b); (D)(1); (D)(2); dated 
October 11, 1991, and effective on October 31, 1991.
    (B) Ohio Administrative Code (OAC) Rule 3745-18-04 Measurement 
methods and procedures, Sections (D)(7); (D)(8)(a) to D(8)(e); (E)(5); 
(E)(6)(a); (E)(6)(b); (F); (G)(1) to (G)(4); (I); dated October 11, 
1991, and effective on October 31, 1991.
    (C) Ohio Administrative Code (OAC) Rule 3745-18-37, Hamilton County 
sulfur dioxide emission limits, dated February 22, 1993, and effective 
on March 10, 1993.
    (D) Director's Findings and Order for Cincinnati Gas And Electric 
Company, Miami Fort Station, dated February 22, 1993.
    (b)  [Reserved]

[59 FR 43290, Aug. 23, 1994, as amended at 59 FR 53589, Oct. 25, 1994; 
60 FR 55202, Oct. 30, 1995]



                          Subpart LL--Oklahoma



Sec. 52.1920   Identification of plan.

    (a) Title of plan: ``State of Oklahoma Air Quality Control 
Implementation Plan.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) An opinion of the State Attorney General concerning the State's 
legal authority in emergency episode prevention and public disclosure 
was submitted February 15, 1972. (Non-regulatory)
    (2) Letter from State Department of Health concerning emergency 
episode prevention, sampling site locations and governmental cooperation 
was submitted on February 25, 1972. (Non-regulatory)
    (3) Letter of May 4, 1972, from the State Department of Health 
clarifies Regulations 4, 13, 14, and Title 63 of the State air quality 
regulations concerning emission data, emergency episodes, compliance 
schedules and new source review. (Non-regulatory)
    (4) Revisions concerning Regulations 4 through 8, 13 and 15 through 
18 were submitted by the Governor on July 14, 1972.
    (5) Certification on October 4, 1972, of amendments to Regulation 14 
of the State regulations was submitted by the Governor. (Non-regulatory)
    (6) Corrections of the plan submitted previously and consolidated 
were submitted on October 16, 1972. (Non-regulatory)
    (7) Sections 16.1, 16.3, and 16.5 of Regulation No. 16, ``Control of 
Emissions of Sulfur Compounds,'' the Control Strategy which relates to 
sulfur oxides control under the applicable sections of Regulation 16, 
and emission limitations on existing sources as adopted on December 1, 
1974 and submitted by the Governor on March 4, 1975.
    (8) Revision to Oklahoma Regulation 4.2 (public availability of 
emission data) was submitted by the Governor on October 7, 1975.
    (9) Administrative revisions to Oklahoma SIP Chapter 1, Table 2, 
Oklahoma Ambient Air Quality Standards, Chapter 8, Source Surveillance 
and Enforcement System, section 8 A, B, and C relating to permits, and 
addition of Appendix Q, relating to Oklahoma Air Quality Standards, were 
submitted by the Oklahoma State Department of Health on May 16, 1975, 
with clarification submitted on June 17, 1977. (Nonregulatory).
    (10) Consent agreements creditable as emission offsets were 
submitted by the Governor on March 28, 1977 as Addendum 1 to Chapter IV 
of the Oklahoma Air Quality Implementation Plan.
    (11) Revisions of Oklahoma Regulation No. 15 for control of 
emissions of organic materials were adopted (effective date) December 
31, 1974, and submitted by the Governor on June 16, 1975.
    (12) Revision to Oklahoma Regulation No. 3, Defining Terms Used in 
Oklahoma Air Pollution Control Regulations, were submitted by the 
Governor on November 28, 1977. The revisions include amendments adopted 
by the State on June 2, 1974 and June 11, 1977. (See Sec. 52.1926(a).)
    (13) A general update of Chapter 7: Air Quality Surveillance, was 
submitted by the Governor on July 19, 1978. (Non-regulatory).
    (14) Revisions to the plan for attainment of standards for ozone, 
carbon monoxide, and particulate matter (Part D requirements) were 
submitted by the Governor on April 2, 1979.
    (15) A revised schedule including specific dates of the overall TSP 
program

[[Page 780]]

was submitted by the State on March 28, 1980.
    (16) Revisions to Regulation No. 17, Regulation No. 14 section 
14.313, Regulation No. section 14.313(b), Regulation No. 14 section 
14.313(c)(i), Regulation No. 15 section 15.50, Regulation No. 15 section 
15.53, and Regulation No. 3 (Part D requirements) were submitted by the 
Governor on April 11, 1980.
    (17) Revisions to the plan for intergovernmental consultation, 
interstate pollution abatement, public notification, and the State Board 
were submitted by the Governor on April 2, 1979; a letter of commitment 
for new source notification was submitted by the Acting Chief of the 
Oklahoma Air Quality Service on March 31, 1982; a Public Notification 
Workplan was submitted by the Chief of the Oklahoma Air Quality Service 
on January 14, 1980; the Oklahoma Code of Ethics for State Officials and 
Employees, with a clarification letter, was submitted by the Oklahoma 
Commissioner of Health on March 9, 1982; and a clarification letter was 
submitted by the Acting Chief of the Oklahoma Air Quality Service on 
February 23, 1982.
    (18) The Oklahoma State Implementation Plan for lead was submitted 
to EPA on March 5, 1980, by the Governor of Oklahoma as adopted by the 
State Air Quality Council on November 13, 1979. Letters of clarification 
dated October 19 and December 9, 1981, also were submitted.
    (19) Revisions to Regulation No. 15 (i.e., the addition of sections 
15.57, 15.58, and 15.59) were adopted by the State Board of Health on 
April 30, 1980 and submitted by the Governor on June 10, 1980.
    (20) Revisions to Regulation No. 15 (i.e., revisions to sections 
15.524, 15.585, and 15.59, and the addition of Sections 15.60 and 15.61) 
were adopted by the State Board of Health on May 9, 1981 and submitted 
by the Governor on September 14, 1981.
    (21) A variance to the State Regulations 7 and 8 for McAlester Army 
Ammunition Plant located in McAlester, Oklahoma was submitted by the 
State on September 21, 1979 and approved by the State Board of Health on 
September 8, 1979.
    (22) On March 7, 1980, the Governor submitted final revisions to the 
ambient monitoring portion of the plan.
    (23) [Reserved]
    (24) A revision to the Air Pollution Control Regulation 2.1, as 
adopted by the Oklahoma Air Quality Council on January 19, 1982, was 
submitted by the Governor on April 12, 1982.
    (25) Revision to Oklahoma Regulation No. 1.4 Air Resources 
Management-Permits Required (1.4.1-1.4.3) and Major Sources--
Nonattainment areas (1.4.5) was submitted by the Governor on April 12, 
1982. A letter of commitment and a letter of clarification for 
Regulation 1.4 was submitted by the State on April 30, 1982 and December 
9, 1982, respectively.
    (26) On April 2, 1979, the State of Oklahoma submitted an amendment 
to Regulation 1.3 Defining Terms Used in Oklahoma Air Pollution Control 
Regulations (i.e., Table II) and on April 12, 1982, and on May 19, 1983, 
the State submitted revisions to the State's Permit Regulation 1.4 
including adding 1.4.4 [Major Sources--Prevention of Significant 
Deterioration (PSD) Requirements for Attainment Areas] to provide for 
PSD new source review. A Letter of Clarification of October 6, 1982, was 
also submitted.
    (27) Revision to Oklahoma Regulation 3.8 (Control of Emission of 
Hazardous Air Contaminants) submitted by the Governor on February 8, 
1983.
    (28) Revision to Oklahoma Regulation 3.4--Control of Emission of 
Sulfur Compounds was submitted by the Governor on May 19, 1983, which 
changed subsections 3.4(c)(1)(A)(i)(a)(3) and 3.4(c)(1)(C)(i)(a). The 
revision was adopted by the Oklahoma State Board of Health on May 12, 
1983. A letter of clarification on subsection 3.4(c)(1)(C)(i)(a) was 
submitted by the State on October 14, 1983.
    (29) Revision of Oklahoma Regulation 1.4--Air Resources Management--
Permits Required was submitted by the Governors on May 19, 1983. A 
letter of clarification on subsection 1.4.1(c)(3) was submitted by the 
State on September 23, 1983.
    (30) Revision to Oklahoma Regulation No. 1.5--Reports Required: 
Excess Emissions During Startup, Shutdown

[[Page 781]]

and Malfunction of Equipment was submitted by the Governor on February 
8, 1983. Letters of clarification were submitted by the State on October 
18, 1982 and May 24, 1983.
    (31) Revision to Regulation 1.4 ``Air Resources Management--Permits 
Required'' and variance and extension for Mesa Petroleum Company 
submitted by the Governor on February 6, 1984. A letter of clarification 
on section 1.4.2(f) Cancellation of Authority to Construct or Modify was 
submitted by the State on February 17, 1984.
    (32) [Reserved]
    (33) Revision to Regulation 3.1 ``Pertaining to the Control of 
Smoke, Visible Emissions and Particulates'' submitted by the Governor on 
February 6, 1984. On May 16, 1984, the Oklahoma State Department of 
Health submitted a letter of clarification on Regulation 3.1.
    (34) Oklahoma Air Pollution Control Regulation 1.4.2(b) ``Stack 
Height Limitation'' and amendments to OAPCR 1.4.2(e) ``Public Review'' 
as adopted on May 8, 1986, and submitted by the Governor on April 30, 
1986, to meet the requirements of the Federal stack height regulations.
    (i) Incorporation by Reference
    (A) Oklahoma Air Pollution Control Regulation (OAPCR) 1.4.2(b) 
``Stack Height Limitation'' as adopted on May 8, 1986, and amendments to 
OAPCR 1.4.2(b) section 1.4.2(b)(1)(G) as adopted on July 9, 1987, and 
effective August 10, 1987. In addition, amendments to OAPCR 1.4.2(b) 
section 1.4.2(b)(1)(C); and amendments to OAPCR 1.4.2(e) ``Public 
Review'' section 1.4.2(e)(1)(A) as adopted March 23, 1989, effective 
June 11, 1989, by the Oklahoma Board of Health.
    (ii) Additional Material
    (A) Commitment letter dated July 8, 1988, from the Director of the 
Permits and Enforcement Division of the Oklahoma Air Quality Service, 
Oklahoma State Department of Health.
    (35) May 8, 1985, revisions to Oklahoma Air Pollution Control 
Regulation 3.4.(c)(1)(C) ``Gas Sweetening and Sulfur Recovery Plants'' 
were submitted by the Governor on March 31, 1986.
    (i) Incorporation by reference.
    (A) Amendments to Oklahoma Air Pollution Control Regulation 
3.4(c)(1)(C) (Gas Sweetening and Sulfur Recovery Plants); adopted May 8, 
1985, by the Oklahoma Air Quality Council.
    (36) On March 9, 1990, the Governor submitted Oklahoma Air Pollution 
Control Regulation 3.7.5--4(h) ``Control of VOS Emissions from Aerospace 
Industries Coatings Operations.'' This regulation was adopted by the 
Oklahoma Air Quality Council on December 5, 1989, and by the Oklahoma 
Board of Health on February 8, 1990. The regulation became effective 
when it was signed by the Governor as an emergency rule on February 12, 
1990. Also on March 9, 1990, the Governor of Oklahoma submitted four 
source specific alternate RA.T determination Orders issued by the 
Oklahoma Commissioner of Health for the Rockwell International, 
McDonnell Douglas-Tulsa. American Airlines and Nordam facilities in 
Tulsa County.
    (i) Incorporation by reference. (A) Oklahoma Air Pollution Control 
Regulation 3.7.5--4(h) ``Control of VOS Emissions from Aerospace 
Industries Coatings Operations'' as adopted by the Oklahoma Air Quality 
Council on December 5, 1989, and the Oklahoma Board of Health on 
February 8, 1990, and approved by the Governor on February 12, 1990.
    (B) Oklahoma Commissioner of Health Order issued and effective 
February 21, 1990, for Rockwell International, Tulsa approving an 
Alternate Reasonably Available Control Technology (ARACT).
    (C) Oklahoma Commissioner of Health Order issued and effective 
February 21, 1990, for McDonnell Douglas-Tulsa approving an Alternate 
Reasonably Available Control Technology (ARACT).
    (D) Oklahoma Commissioner of Health Order issued and effective 
February 21, 1990, for American Airlines approving an Alternate 
Reasonably Available Control Technology (ARACT).
    (E) Oklahoma Commissioner of Health Order issued and effective 
February 21, 1990, for Nordam's Lansing Street facility approving an 
Alternate Reasonably Available Control Technology (ARACT).
    (ii) Additional material. (A) Rockwell International Tulsa. (1) The 
document

[[Page 782]]

prepared by Rockwell International titled ``Rockwell International NAA-
Tulsa Alternate RACT Determination'' dated October 30, 1989.
    (2) The document prepared by Rockwell titled ``Rockwell 
International NAA-Tulsa Alternate RACT Determination Supplemental 
Submittal'' dated November 22, 1989.
    (B) McDonnell Douglas. (1) The document prepared by McDonnell 
Douglas-Tulsa titled ``Source Specific RACT Determination'' dated 
October 30, 1989.
    (2) The document prepared by McDonnell Douglas-Tulsa titled ``ARACT/
Follow-up Submission'' dated November 20, 1989.
    (C) American Airlines. (1) The document prepared by American 
Airlines titled ``American Airlines Tulsa Alternate RACT'' dated October 
30, 1989.
    (2) The document prepared by American Airlines titled ``ARACT/
Follow-up Submission'' dated November 22, 1989.
    (D) Nordam. (1) The document prepared by Nordam titled ``Source 
Specific RACT Determination'' dated November 29, 1989.
    (2) The document prepared by Nordam titled ``ARACT/Follow-up 
Submission'' dated January 10, 1990.
    (37) On May 8, 1989, the Governor submitted Oklahoma Air Pollution 
Control Regulation 1.5 ``Excess Emission and Malfunction Reporting 
Requirements''. This regulation was adopted by the Oklahoma Board of 
Health on June 23, 1988, and approved by the Oklahoma Legislature on 
February 24, 1989. The regulation became effective on March 11, 1989.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Air Pollution Control Regulation 1.5 
``Excess Emission and Malfunction Reporting Requirements'', OAPCR 1.5 
title change, Sec. 1.5(a)(1), Sec. 1.5(b)(1)(B), Sec. 1.5(b)(1)(E), 
Sec. 1.5(c), title, Sec. 1.5(c)(1), Sec. 1.5(e)(1), and Sec. 1.5(e)(2), 
as adopted by the Oklahoma Board of Health on June 23, 1988, and 
approved by the Oklahoma Legislature on February 24, 1989.
    (38) On August 22, 1989, the Governor submitted Oklahoma's Committal 
SIP for the Group II area of Lawton, Oklahoma. In addition, the 
submittal included the State's Group III SIP for the remainder of the 
State and amendments to the Oklahoma Air Pollution Control Regulations 
1.1, 1.2, 1.4.4, and 1.4.5, and amendments to Chapter 6 ``Emergency 
Episode Control Plan for the State of Oklahoma''.
    (i) Incorporation by reference.
    (A) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 
1.1 ``Defining Terms Used in Oklahoma Air Pollution Control 
Regulations'' Sec. 1.1(b)(97), Sec. 1.1(b)(98), Sec. 1.1(b)(99) and 
Sec. 1.1(b)(145), as adopted October 11, 1989, by the Oklahoma State 
Board of Health and effective May 25, 1990. Amendments to OAPCR 1.1, 
Sec. 1.1(b)(127), and Sec. 1.1(b)(128), as adopted March 23, 1989, by 
the Oklahoma State Board of Health and effective June 11, 1989.
    (B) Amendments to OAPCR 1.2 ``Oklahoma Air Quality Standards and 
Increments'' Table 1.2(1), as adopted January 28, 1988, by the Oklahoma 
State Board of Health and effective June 21, 1988.
    (C) Amendments to OAPCR 1.4.4 ``Major Sources--Prevention of 
Significant Deterioration (PSD) Requirements for Attainment Areas'' 
Sec. 1.4.4(b)(22)(A), Sec. 1.4.4(d)(4), Sec. 1.4.4(d)(9), 
Sec. 1.4.4(d)(10), Sec. 1.4.4(d)(11), and Sec. 1.4.4(d)(12), as adopted 
March 23, 1989, by the Oklahoma State Board of Health and effective June 
11, 1989.
    (D) Amendments to OAPCR 1.4.5. ``Major Sources--Nonattainment 
Areas'' Sec. 1.4.5(b)(18), and Sec. 1.4.5(c)(1)(C), as adopted March 23, 
1989, by the Oklahoma State Board of Health and effective June 11, 1989.
    (39) On February 20, 1985, the Governor of Oklahoma, submitted a SIP 
revision designed to achieve the ozone standard in Tulsa County. 
Supplemental information was submitted on August 23, 1985, January 21, 
June 2, September 2, and December 22, 1986. The anti-tampering 
regulation was submitted to EPA by the Governor on October 8, 1985. On 
March 31, 1986, the Governor of Oklahoma submitted one new regulation. 
On May 8, 1989, the Governor of Oklahoma submitted one revised 
regulation. On March 9, 1990, the Governor of Oklahoma submitted four 
new regulations and several miscellaneous changes to the existing SIP 
approved regulations in Tulsa County. EPA is approving one regulation 
(OAPCR 3.7.5-4(f) ``Petroleum (Solvent) Dry Cleaning'') under part A, 
section

[[Page 783]]

110 of the Clean Air Act. This regulation does not represent RACT under 
part D, section 172 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 ``Control 
of Emissions of Organic Materials'' Sec. 3.7.5-4(f) as adopted by the 
Oklahoma State Board of Health on February 7, 1985, and effective July 
1, 1986.
    (B) Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 ``Control 
of Emissions of Organic Materials'' Sec. 3.7.5-4(f), Sec. 3.7.5-
4(f)(1)(A), Sec. 3.7.5-4(f)(1)(B)(vi), Sec. 3.7.5-4(f)(1)(B)(vii), 
Sec. 3.7.5-4(f)(2)(B), Sec. 3.7.5-4(f)(3)(A)(iv), Sec. 3.7.5-4(f)(3)(B), 
Sec. 3.7.5-4(f)(4), Sec. 3.7.5-4(f)(4)(A), Sec. 3.7.5-4(f)(4)(A)(i), 
Sec. 3.7.5-4(f)(4)(A)(ii), Sec. 3.7.5-4(f)(4)(A)(iii), Sec. 3.7.5-
4(f)(5), and Sec. 3.7.5-4(f)(5)(A) as amended by the Oklahoma State 
Board of Health on January 29, 1987, and effective January 29, 1987.
    (C) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.5-1(a), 
Sec. 3.7.5-2(a)(2)(A), Sec. 3.7.5-4(b), Sec. 3.7.5-4(e)(2)(A), 
Sec. 3.7.5-4(f)(1)(A), Sec. 3.7.5-4(f)(2)(A), Sec. 3.7.5-4(f)(2)(B), and 
Sec. 3.7.5-4(i) as amended by the Oklahoma State Board of Health on 
March 23, 1989, and effective June 11, 1990.
    (D) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.1(b)(10), 
Sec. 3.7.1(b)(11), Sec. 3.7.1(b)(12), Sec. 3.7.1(b)(13), 
Sec. 3.7.1(b)(14), Sec. 3.7.5-2(a)(1)(B)(i), Sec. 3.7.5-2(a)(2), 
Sec. 3.7.5-2(a)(3)(A)(iv), Sec. 3.7.5-2(a)(3)(A)(v), Sec. 3.7.5-
2(a)(4)(A)(ii), Sec. 3.7.5-2(a)(5)(A), Sec. 3.7.5-2(a)(6)(A)(i), 
Sec. 3.7.5-2(a)(6)(A)(iii), Sec. 3.7.5-2(a)(6)(B), Sec. 3.7.5-
2(a)(8)(A)(i), Sec. 3.7.5-2(a)(9), Sec. 3.7.5-2(b)(1), Sec. 3.7.5-
2(b)(2), Sec. 3.7.5-2(b)(2)(A)(i), Sec. 3.7.5-2(c)(1), Sec. 3.7.5-
2(c)(1)(A), Sec. 3.7.5-2(c)(1)(B), Sec. 3.7.5-2(c)(2), Sec. 3.7.5-
2(c)(3), Sec. 3.7.5-2(c)(4), Sec. 3.7.5-3(a)(2)(B), Sec. 3.7.5-
3(a)(3)(B)(i), Sec. 3.7.5-4(b)(1)(A)(i), Sec. 3.7.5-4(b)(1)(A)(ii), 
Sec. 3.7.5-4(b)(1)(A)(iii), Sec. 3.7.5-4(b)(3)(F), Sec. 3.7.5-
4(c)(1)(A), Sec. 3.7.5-4(c)(1)(A)(ii), Sec. 3.7.5-4(c)(1)(D), 
Sec. 3.7.5-4(c)(1)(E), Sec. 3.7.5-4(c)(2)(A)(i), Sec. 3.7.5-
4(c)(2)(A)(ii), Sec. 3.7.5-4(c)(2)(A)(iii), Sec. 3.7.5-
4(c)(2)(A)(iii)(a), Sec. 3.7.5-4(c)(2)(A)(iii)(d), Sec. 3.7.5-
4(c)(2)(C), Sec. 3.7.5-4(c)(3), Sec. 3.7.5-4(c)(3)(A), Sec. 3.7.5-
4(c)(3)(A)(i), Sec. 3.7.5-4(c)(3) (B) through (C) added, Sec. 3.7.5-
4(c)(4), Sec. 3.7.(d)(5)(A), Sec. 3.7.5-4(f)(1)(A), new Sec. 3.7.5-4(g), 
Sec. 3.7.5-4(i)(1)(B), Sec. 3.7.5-4(i)(1)(B)(iii), Sec. 3.7.5-
4(i)(1)(B)(iv), Sec. 3.7.5-4(i)(1)(D), Sec. 3.7.5-4(i)(1)(E), and 
Sec. 3.7.5-4(i)(2)(G), as amended/adopted by the Oklahoma State Board of 
Health on October 11, 1989, and effective May 25, 1990.
    (E) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.5-2(a)(1)(A), 
Sec. 3.7.5-2(a)(1)(B), Sec. 3.7.5-2(a)(1)(B)(i), Sec. 3.7.5-
2(a)(1)(B)(vii), Sec. 3.7.5-2(a)(6)(A)(i), Sec. 3.7.5-2(c)(3)(B), 
Sec. 3.7.5-2(c)(4), Sec. 3.7.5-4(g)(6), Sec. 3.7.5-4(g)(11), Sec. 3.7.5-
4(i)(1)(D), Sec. 3.7.5-4(i)(1)(E), Sec. 3.7.5-4(i)(1)(F), Sec. 3.7.5-
4(i)(1)(G), and new Sec. 3.7.5-4(j) as amended/ adopted by the Oklahoma 
State Board of Health on February 8, 1990, and effective May 25, 1990.
    (F) Oklahoma Official Motor Vehicle Inspection Rules and Regulations 
Manual adopted December 5, 1985, and effective January 1, 1986.
    (G) 47 O.S. SUPP. 856.1 et seq. adopted May 24, 1984, and effective 
May 24, 1984.
    (H) OP. Oklahoma Attorney General number 84-174 (December 12, 1984).
    (I) February 20, 1985, plan commitments for Tulsa County, including 
transportation control measures, page 8, and Reasonable Further Progress 
schedules and reporting commitments, pages 10 and 11, dated June 3, 
1986.
    (J) Title 37, chapter 4, section 167, Tulsa City Ordinance number 
16466 as approved and effective October 15, 1985, by the City of Tulsa.
    (K) An October 17, 1989, commitment letter, to develop and 
incorporate test methods into OAPCR 3.7 for determining the capture 
efficiency of control devices associated with coating operations.
    (L) A January 16, 1990, commitment letter stating that the DPS will 
annually conduct unannounced visits to 10 percent of the Tulsa 
inspection stations.
    (M) A September 28, 1990, Memorandum of Understanding.
    (N) An October 12, 1990, letter to report semiannually to EPA, 
information relating to the effectiveness and enforcement of the I/M 
program.
    (ii) Additional material.
    (A) February 20, 1985, narrative plan revision designed to achieve 
the ozone standard in Tulsa County, including

[[Page 784]]

control strategy, modeling analysis, transportation control plan and 
measures, I/M program description, and negative declarations.
    (B) A written interpretation by the DPS dated June 26, 1987, of the 
term ``proper replacement'' in Sec. 856.1(C) of the Oklahoma statutes to 
mean ``original equipment manufacturer (OEM) or equivalent''.
    (40) On October 17, 1985, the Governor of Oklahoma submitted a SIP 
revision designed to achieve the carbon monoxide standard in Oklahoma 
County. Supplemental information was submitted on January 29, 1986, 
November 7, 1986, October 12, 1990, and October 15, 1990. The anti-
tampering regulation was submitted to EPA by the Governor on October 8, 
1985.
    (i) Incorporation by reference.
    (A) Oklahoma Official Motor Vehicle Inspection Rules and Regulations 
Manual adopted December 5, 1985, and effective January 1, 1986.
    (B) 47 O.S. SUPP. Section 856.1 et seq. adopted May 24, 1984, and 
effective May 24, 1984.
    (C) OP. Oklahoma Attorney General number 84-174 (December 12, 1984).
    (D) October 17, 1985, plan reporting commitments for Oklahoma County 
Reasonable Further Progress schedule, page 6.
    (E) The City of Oklahoma City Ordinance No. 12,575, as passed by the 
Council of the City of Oklahoma City on March 31, 1970, and approved by 
the Mayor on March 31, 1970.
    (ii) Additional material.
    (A) A February 7, 1991, commitment letter stating that the DPS will 
annually conduct unannounced visits at 10 percent of the Oklahoma County 
inspection stations.
    (B) An October 12, 1990, letter committing to report semiannually to 
EPA, information relating to the effectiveness and enforcement of the I/
M program.
    (41) On November 14, 1990, the Governor submitted revisions to 
Oklahoma Air Pollution Control Regulation (Regulation) 1.1 ``Defining 
Terms Used in Oklahoma Air Pollution Control Regulations'', Regulation 
1.2 ``Oklahoma Air Quality Standards and Increments'', and Regulation 
1.4 ``Permits''. These regulations were adopted by the Oklahoma Air 
Quality Council on April 3, 1990, and by the Oklahoma Board of Health on 
April 12, 1990. These regulations became effective when they were signed 
by the Governor as emergency rules on June 4, 1990.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Air Pollution Control Regulation 1.1, 
Regulation 1.2, and Regulation 1.4, as adopted by the Oklahoma Air 
Quality Council on April 3, 1990, by the Oklahoma Board of Health on 
April 12, 1990, and became effective on June 4, 1990: Oklahoma Air 
Pollution Control Regulations 1.1(b)(13), 1.1(b)(14), 1.1(b)(15), 
1.1(b)(16), 1.1(b)(82)(D), 1.2--Table 1.2(2), 1.4.1(a)(1), 
1.4.1(b)(3)(B), 1.4.1(b)(3)(C), 1.4.2(a)(2)(ii), 1.4.2(c), 1.4.2(h)(2), 
1.4.4(b)(3)(D), 1.4.4(b)(13), 1.4.4(b)(14), 1.4.4(b)(15) and 
1.4.4(d)(12), 1.4.4(d)(13)(C).
    (ii) Additional material.
    (A) April 23, 1991, letter from Mr. John Drake, Chief, Air Quality 
Service, Oklahoma State Department of Health, to Mr. A. Stanley Meiburg, 
Director, Air, Pesticides & Toxics Division, EPA, Region 6.
    (42) On November 7, 1989, the Governor of Oklahoma submitted a 
revision to the SIP consisting of a construction permit, number 88-116-
C, for a cogeneration unit and an operating permit, number 88-117-O, for 
a sulfur recovery unit. The revision involves a sulfur dioxide emissions 
trade for the Conoco, Incorporated, Ponca City Refinery.
    (i) Incorporation by reference. (A) Permit number 88-116-C, as 
adopted by the Oklahoma State Department of Health (OSDH) on May 23, 
1989.
    (B) Permit number 88-117-O, as adopted by the Oklahoma State 
Department of Health (OSDH) on June 22, 1990.
    (ii) Additional material. (A) The document issued by Conoco Ponca 
City Refinery, titled, ``Level II Modeling Analysis in Support of 
Alternate Emissions Reduction Permit for Sulfur Recovery Plant'' dated 
April 1990.
    (B) The document issued by Conoco Ponca City Refinery, titled, 
``Level III Remodeling for an SO2 Bubble Trade'' dated June 3, 1991 
(revised July 8, 1991).
    (43) A revision to the Oklahoma SIP to include revisions to Oklahoma 
Title

[[Page 785]]

310, Chapter 200, Subchapter 31, entitled Control of Emissions of Sulfur 
Compounds.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Title 310, Chapter 200, Subchapter 31, 
entitled Control of Emissions of Sulfur Compounds, Part 1. ``General 
Provisions,'' Section 310:200-31-2, ``Definitions;'' Section 310:200-31-
3, ``Performance testing;'' Part 3. ``Existing Equipment Standards,'' 
Section 310:200-31-12, ``Sulfur oxides;'' Section 310:200-31-13, 
``Sulfuric acid mist;'' Section 310:200-31-14, ``Hydrogen sulfide;'' 
Section 310:200-31-15, ``Total reduced sulfur;'' Part 5. ``New Equipment 
Standards,'' Section 310:200-31-25, ``Sulfur oxides;'' and Section 
310:200-31-26, ``Hydrogen sulfide,'' as adopted by the Oklahoma State 
Board of Health on March 24, 1993, and effective June 1, 1993.
    (44)  [Reserved]
    (45) The State is required to implement a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program as 
specified in the plan revision submitted by the Governor on November 19, 
1992. This plan submittal, as adopted by the Oklahoma Air Quality 
Council on October 13, 1992, was developed in accordance with section 
507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Enrolled House Bill No. 2251 (Oklahoma Clean Air Act of 1992), 
signed into law by the Governor on May 15, 1992, and effective upon 
signature. Included in this Act are provisions establishing a small 
business stationary source compliance assistance program; creating the 
State Ombudsman Office for small business; establishing Ombudsman 
duties; creating a Compliance Advisory Panel; establishing membership of 
Panel; and establishing Panel duties.
    (B) Enrolled House Bill No. 2227 (Oklahoma Environmental Quality 
Act), signed into law by the Governor on June 12, 1992, and effective 
upon signature, authorizing the creation of the Oklahoma Department of 
Environmental Quality (ODEQ).
    (ii) Additional material.
    (A) Revision entitled, ``The Oklahoma Small Business Stationary 
Source Assistance Program, Chapter 11 of the State Implementation Plan, 
October 13, 1992.''
    (46) A revision to the Oklahoma SIP to include revisions to Oklahoma 
Department of Public Safety regulation Title 595, Chapter 20, Subchapter 
3--Emission and Mechanical Inspection of Vehicles, Subchapter 7--
Inspection Stickers and Monthly Tab Inserts for Windshield and Trailer/
Motorcycle, Subchapter 9--Class AE Inspection Station, Vehicle Emission 
Anti-tampering Inspection and Subchapter 11--Annual Motor Vehicle 
Inspection and Emission Anti-Tampering Inspection Records and Reports, 
adopted by the State on April 6, 1994, effective May 26, 1994 and 
submitted by the Governor on May 16, 1994.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Department of Public Safety regulation 
Title 595, Chapter 20: 3-1(2); 3-3; 3-5; 3-6; 3-12; 3-25; 3-26; 3-27; 3-
41(o); 3-42; 3-46(a) and (b); 3-61(a),(b),(e) and (f); 3-63(b) and (g); 
7-1(c) and (f); 7-2(a); 7-3; 7-4(a); 7-5(a); 7-6(a); 7-7(a); 9-1(a); 9-
3(l) and (m); 9-7; 9-10(a),(b) and (c); 9-11(a); 9-12(a); 9-13(a); 9-
14(a) and (b); 9-15(a); 11-1; 11-2(a); 11-3(a); 11-4 effective May 26, 
1994.
    (ii) Additional material.
    (A) State SIP revision entitled, ``Oklahoma Vehicle Anti-Tampering 
Program SIP Revision,'' which includes a completeness determination, SIP 
narrative, hearing records and other documentation relevant to the 
development of this SIP.
    (47) A revision to the Oklahoma SIP to include revisions to Oklahoma 
Air Pollution Control Regulation 3.7--Control of Emissions of Organic 
Materials, adopted by the State on October 2, 1990, effective May 11, 
1991 and submitted by the Governor on May 16, 1994.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Air Pollution Control Regulations 3.7, 
Sections 3.7.5-4(g)(7)(A)(i)(b), 3.7.5-4(g)(9)(A), 3.7.5-4(i)(3)(B)(1), 
and 3.7.5-4(i)(3)(B)(3) effective May 11, 1991.
    (ii) Additional material.
    (A) State SIP revision entitled, ``Oklahoma Alternative Standards 
SIP Revision,'' which includes a completeness determination, SIP 
narrative,

[[Page 786]]

hearing records and other documentation relevant to the development of 
this SIP.

[37 FR 10887, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1920, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.1921   Classification of regions.

    The Oklahoma plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Central Oklahoma Intrastate...............................           I        III       III       III          I
Northeastern Oklahoma Intrastate..........................           I        III       III       III          I
Southeastern Oklahoma Intrastate..........................         III        III       III       III        III
North Central Oklahoma Intrastate.........................         III        III       III       III        III
Southwestern Oklahoma Intrastate..........................         III        III       III       III        III
Northwestern Oklahoma Intrastate..........................         III        III       III       III        III
Metropolitan Fort Smith Interstate........................          II        III       III       III        III
Shreveport-Texarkana-Tyler Interstate.....................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------

[37 FR 10887, May 31, 1972, as amended at 45 FR 9741, Feb. 13, 1980]



Sec. 52.1922  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Oklahoma's plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds that the plan satisfies all requirements of Part 
D, Title 1, of the Clean Air Act as amended in 1977, except as noted 
below.

[45 FR 9741, Feb. 13, 1980, as amended at 61 FR 16062, Apr. 11, 1996]
Secs. 52.1923--52.1928  [Reserved]



Sec. 52.1929  Significant deterioration of air quality.

    (a) Regulation for preventing significant deterioration of air 
quality. The Oklahoma plan, as submitted, does not apply to certain 
sources in the State. Therefore the provisions of Sec. 52.21 (b) through 
(w) are hereby incorporated by reference, madepart of the Oklahoma State 
Implementation Plan and are applicable to the following major stationary 
sources or major modifications:
    (i) Sources permitted by EPA prior to approval of the Oklahoma PSD 
program for which EPA retains enforcement authority.
    (ii) Sources proposing to locate on lands over which Oklahoma does 
not have jurisdiction under the Clean Air Act to issue PSD permits.
    (b) The plan revisions submitted by the Governor of Oklahoma on 
August 22, 1989, as adopted on March 23, 1989, by the Oklahoma State 
Board of Health and effective June 11, 1989, amendments to OAPCR 1.4.4 
``Major Sources--Prevention of Significant Deterioration (PSD) 
Requirements for Attainment Areas'' is approved as meeting the 
requirements of Part C of the Clean Air Act for preventing significant 
deterioration of air quality.

[56 FR 5656, Feb. 12, 1991]
Sec. 52.1930  [Reserved]



Sec. 52.1931  Petroleum storage tank controls.

    (a) Notwithstanding any provisions to the contrary in the Oklahoma 
implementation plan, the petroleum storage tanks listed in paragraphs 
(b) through (e) of this section shall be subject to the requirements of 
section 15.211 of the Oklahoma Air Pollution Control Regulations and to 
the monitoring, inspection, reporting, and other procedural requirements 
of the Oklahoma implementation plan and the Clean Air Act. The owner or 
operator of each affected facility shall secure compliance with section 
15.211 in accordance with the schedule set forth below.
    (b) Tanks 121 and 122 for crude oil storage at the Sun Oil Company 
refinery at Duncan, Oklahoma, shall be in

[[Page 787]]

compliance with section 15.211 no later than August 1, 1979.
    (c) Tanks 118 and 119 for gasoline storage at the Apco Oil 
Corporation refinery at Cyril, Oklahoma, shall be in compliance with 
section 15.211 no later than February 1, 1979.
    (d) Tank 286 for crude oil storage at the Continental Pipe Line 
Company property in Oklahoma County, Oklahoma (section 32-12N-2W) shall 
be in compliance with section 15.211 no later than February 1, 1979.
    (e) The three 80,000 barrel capacity crude oil storage tanks at the 
Champlin Petroleum Company, Noble Station, 13th and Bryan Streets, 
Oklahoma City, Oklahoma, shall be in compliance with section 15.211 no 
later than September 1, 1979.
    (f) Action on the part of Sun Oil Company, Apco Oil Corporation, 
Continental Pipe Line Company and Champlin Petroleum Company of 
controlling hydrocarbon emissions creditable as offsets for General 
Motors Corporation, Oklahoma City, Oklahoma, in no way relieves these 
companies from meeting all requirements under the Oklahoma Air Quality 
Implementation Plan or under the Federal Clean Air Act as amended.

[42 FR 63782, Dec. 20, 1977]
Sec. 52.1932  [Reserved]



Sec. 52.1933  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met because the plan does not include approvable procedures meeting the 
requirements of 40 CFR 51.305 and 51.307 for protection of visibility in 
mandatory Class I Federal areas.
    (b) Regulations for visibility monitoring and new sources review. 
The provisions of Secs. 52.26, 52.27, and 52.28 are hereby incorporated 
and made part of the applicable plan for the State of Oklahoma.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Oklahoma.

[51 FR 22938, June 24, 1986, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.1934  Prevention of air pollution emergency episodes.

    (a) The plan originally submitted by the Governor of Oklahoma on 
January 28, 1972, as Chapter six, was revised for particulate matter and 
submitted for parallel processing by the Episode Control Plan for the 
State of Oklahoma'' Sec. 2.2 and Sec. 3.2 table II as adopted September 
6, 1988, by the Oklahoma Air Quality Council are approved as meeting the 
requirements of section 110 of the Clean Air Act and 40 CFR part 51 
subpart H.

[56 FR 5656, Feb. 12, 1991]



Sec. 52.1935  Small business assistance program.

    The Governor of Oklahoma submitted on November 19, 1992, a plan 
revision to develop and implement a Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program to meet the 
requirements of section 507 of the Clean Air Act by November 15, 1994. 
The plan commits to provide technical and compliance assistance to small 
businesses, hire an Ombudsman to serve as an independent advocate for 
small businesses, and establish a Compliance Advisory Panel to advise 
the program and report to EPA on the program's effectiveness.

[59 FR 32370, June 23, 1994]



                           Subpart MM--Oregon



Sec. 52.1970  Identification of plan.

    (a) Title of plan: ``State of Oregon Clean Air Act Implementation 
Plan.''
    (b) The plan was officially submitted on January 25, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Amendments to the implementation plan including ORS chapters 
449, 192, and 340 submitted on May 3, 1972, by the Governor.
    (2) Transportation control strategy for oxidants and carbon monoxide 
in the Oregon portion of the Portland Interstate Region submitted on 
October 26, 1972, by the Governor.
    (3) Compliance schedules submitted on February 9, 1973, by the 
Department of Environmental Quality.

[[Page 788]]

    (4) Revision to the transportation control plan submitted on April 
13, 1973, by the Governor.
    (5) Compliance schedules submitted on May 30, 1973, by the 
Department of Environmental Quality.
    (6) Compliance schedules submitted on June 8, 1973, by the 
Department of Environmental Quality.
    (7) Compliance schedules submitted on June 22, 1973, by the 
Department of Environmental Quality.
    (8) Compliance schedules submitted on June 25, 1973, by the 
Department of Environmental Quality.
    (9) Compliance schedules submitted on July 31, 1973, by the 
Department of Environmental Quality.
    (10) Compliance schedules submitted on August 3, 1973, by the 
Department of Environmental Quality.
    (11) Request for an extension to May 31, 1976, of the attainment 
date for carbon monoxide and photochemical oxidants and miscellaneous 
additions (Nonregulatory) to the transportation control plan submitted 
on September 21, 1973, by the Governor.
    (12) Miscellaneous additions (Nonregulatory) to the transportation 
control plan submitted on August 20, 1973, by the Department of 
Environmental Quality.
    (13) Plan for maintenance of the national standards submitted on 
August 27, 1973, by the Department of Environmental Quality.
    (14) Revision to Oregon Administrative Rules (OAR) Chapter 340, 
sections 25-105 through 25-130,--Hot Mix Asphalt Plans and sections 25-
155 through 25-195 Kraft Pulp Mills submitted on February 8, 1973, by 
the Department of Environmental Quality.
    (15) Change to regulations for the Lane Regional Air Pollution 
Authority submitted on February 13, 1973, by the Department of 
Environmental Quality.
    (16) Special air pollution control rules for Clackamas, Columbia, 
Multnomah and Washington Counties and certification of the dissolution 
of regulations for the Columbia-Willamette Air Pollution Authority 
submitted on January 17, 1974, by the Department of Environmental 
Quality.
    (17) Revision to Oregon Administrative Rules (OAR) Chapter 340, 
sections 12-030 through 12-055 Civil Penalties submitted on February 19, 
1975, by the Department of Environmental Quality.
    (18) Oregon Revised Statute 468.095 for public availability of 
emission data submitted on August 1, 1975, by the Department of 
Environmental Quality.
    (19) Indirect Source Regulation (OAR, Chapter 340 sections 20-100 
through 20-135) submitted on July 24, 1975, by the Department of 
Environmental Quality.
    (20) Indirect Source Regulation (Title 20--Indirect Sources), of the 
Lane Regional Air Pollution Authority Rules and Regulations, submitted 
November 18, 1975 by the Department of Environmental Quality.
    (21) Air Contaminant Discharge Permits (Oregon Administrative Rules 
340-20-140 through 340-20-185) submitted February 17, 1976.
    (22) Lane Regional Air Pollution Authority Regulation, Title 22--
Permits, submitted June 7, 1976.
    (23) Oregon Revised Statutes sections 468.450 through 468.485 
submitted on August 1, 1975, by the Department of Environmental Quality.
    (24) Oregon Administrative Rules (OAR) Chapter 340, sections 26-005 
through 26-025, submitted on February 17, 1976, by the Department of 
Environmental Quality.
    (25) Request for an extension to May 31, 1978, of the attainment 
date for particulate matter national secondary ambient air quality 
standards in the Eugene/Springfield Air Quality Maintenance Area.
    (26) Revision to the field burning regulations submitted on June 28, 
1979; September 13, 1979, October 10, 1979; and March 11, 1980, by the 
Department of Environmental Quality.
    (27) On June 20 and 29, 1979, the Governor submitted: (i) Carbon 
monoxide (CO) and ozone (O3) attainment plans for the Oregon 
portion of the Portland-Vancouver AQMA, Salem, and Medford-Ashland AQMA, 
and (ii) a carbon monoxide (CO) attainment plan for the Eugene-
Springfield AQMA.
    (28) On June 20, 1979, the Governor requested an extension beyond 
1982 for the attainment of carbon monoxide (CO) in Portland, Eugene-
Springfield and Medford.
    (29) On June 29, 1979, the Governor requested an extension beyond 
1982 for

[[Page 789]]

the attainment of ozone (O3) in Portland.
    (30) On February 14, 1980, the State Department of Environmental 
Quality submitted its official response to EPA's proposed SIP actions 
which were published in the Federal Register on January 21, 1980 (45 FR 
3929).
    (31) On May 6, 1980, the State Department of Environmental Quality 
submitted recodified portions of Oregon Revised Statutes (ORS) 449 which 
authorize Oregon's automobile inspection/maintenance program. This 
submittal, requested by EPA, included chapters ORS 468.360 through 
468.420, 481.190, 481.200, 483.800, 483.820, and 483.825.
    (32) Revisions to the program for controlling the open burning of 
grass seed fields submitted on April 22, 1980, by the Department of 
Environmental Quality.
    (33) Oregon Administrative Rules (OAR) Chapter 340, sections 24-300 
through 24-350 for the vehicle inspection and maintenance program, 
submitted on July 26, 1980, by the Oregon Department of Environmental 
Quality.
    (34) On December 27, 1979, the State of Oregon Department of 
Environmental Quality submitted a plan revision to meet the requirements 
of Air Quality Monitoring 40 CFR part 58, subpart C Sec. 58.20.
    (35) On December 31, 1980, the State Department of Environmental 
Quality submitted an Oregon Air Containment Discharge Permit No. 36-6041 
Addendum No. 1 issued to Spaulding Pulp and Paper Company on December 
11, 1980; Oregon Air Discharge Containment Discharge Permit No. 26-3025, 
issued to Industrial Laundry Dry Cleaners, Inc., on December 1980 and 
Oregon Environmental Quality Commission Stipulation and Consent Final 
Order concerning Vanply, Inc., dated December 30, 1980.
    (36) On September 8, October 16, December 5, December 19, 1980, May 
29, 1981 and September 9, 1981, DEQ submitted revisions to the SIP 
designed to satisfy the conditions of approval published by EPA on June 
24, 1980 (45 FR 42265).
    (37) Specific air pollution control rules for the Medford AQMA (OAR 
340-30-005 through 340-30-070) submitted by the Department of 
Environmental Quality on May 26, 1978, and revisions submitted by the 
Department of Environmental Quality on February 14, 1980 (OAR-340-010 
and 340-30-020), October 29, 1980 (OAR 340-30-016, 340-30-035 and 340-
30-045), May 22, 1981 (OAR 340-30-010, 340-30-030 and 340-30-045) and 
September 9, 1981 (OAR 340-30-060).
    (38) Revisions to the Lane Regional Air Pollution Authority rules 
submitted by the Department of Environmental Quality on March 14, 1977 
(Title 22, Sections 010 and 020 and Table A), June 29, 1979 (Title 11, 
Section 015; Title 12, Sections 005 and 010; Title 13; Title 20, 
Sections 110, 115, 120, 125, 129 and 130; Title 21, Sections 010 and 
030; Title 32, Sections 005 and 010; Title 33, Sections 005, 010, 015 
and 065; Title 36; Title 42; Title 43; Title 44; and Title 45), November 
6, 1979 (Title 22,Section 020 and Table A), and January 30, 1980 (Title 
36).
    (39) Conditions 5 and 6 of the Air Contaminant Discharge Permit for 
the Weyerhaeuser Company plant in Bly, Oregon (Permit Number: 18-0037) 
submitted by the Department of Environmental Quality on March 24, 1981.
    (40) Condition 4, 5, and 6 of the Air Contaminant Discharge Permit 
for the Weyerhaeuser Company plant in North Bend, Oregon (Permit Number: 
06-0007) submitted by the Department of Environmental Quality on March 
27, 1981.
    (41) Revisions to the agricultural open field burning rules (OAR 
340-26-005 through 340-26-030) submitted by the Department of 
Environmental Quality on April 23, 1981, and amended ``Smoke Management 
Program Operational Guidelines'' submitted by the Department of 
Environmental Quality on July 8, 1981.
    (42) Revisions to the rules for sulfite pulp mills (OAR 340-25-350 
through 340-25-390) submitted by the Department of Environmental Quality 
on June 2, 1980.
    (43) Revisions to the Air Quality Schedule of Civil Penalties (OAR 
340-12-050) submitted by the Department of Environmental Quality on 
February 14, 1980.
    (44) Revision to the ambient air quality standard for ozone (OAR 
340-31-030) submitted by the Department of Environmental Quality on June 
20, 1979.

[[Page 790]]

    (45) On March 24, 1981, the State Department of Environmental 
Quality submitted control strategies for the Portland secondary total 
suspended particulates nonattainment area.
    (46) On March 23, 1981, the State Department of Environmental 
Quality submitted control strategies for the Eugene-Springfield 
secondary total suspended particulates nonattainment area.
    (47) On October 16, 1980, the State Department of Environmental 
Quality submitted revisions to the control strategies for the Salem 
ozone nonattainment area.
    (48) On August 17, 1981, the State Department of Environmental 
Quality submitted amendments to the operating rules for the Portland 
motor vehicle inspection program (OAR 340-24-300 through 350).
    (49) On March 11, 1982, the State of Oregon Department of 
Environmental Quality submitted three revisions to the Lane Regional Air 
Pollution Authority rules. They are:
    (i) Title 11 Definitions (Section 015.013, Air Conveying Systems),
    (ii) Title 22 Permits (Section 020, Fees),
    (iii) Title 32 Emission Standards (Section 800, Air Conveying 
System).
    (50) On March 11, 1982, the State of Oregon Department of 
Environmental Quality submitted a revision to their State ambient air 
quality standard for ozone (from 0.08 ppm to 0.12 ppm.
    (51) Amendments to the Air Contaminant Discharge Permit Rules 
submitted by the State Department of Environmental Quality on February 
15, 1977 (OAR 340-20-140 through 185), July 24, 1979 (OAR 340-20-155 
Table A, 165, 175 and 180) and May 22, 1981 (OAR 340-20-155 Table A).
    (52) Prevention of Significant Deterioration Rules (OAR 340-31-100, 
105 subsections (12), (15) and (16), 110, 115, 120 and 130) submitted by 
the State Department of Environmental Quality on June 20, 1979, and 
September 9, 1981.
    (53) New Source Review Rules (OAR 340-20-220 to 275, except Section 
225 subsections 7 and 11), except to the extent that they apply to 
marine vessel emissions, submitted by the State Department of 
Environmental Quality on September 9, 1981, and deletion of Special 
Permit Requirements for Sources Locating In or Near Nonattainment Areas 
(OAR 340-20-190 through 195).
    (54) Plant Site Emission Limit Rules (OAR 340-20-300 through 320) 
submitted by the State Department of Environmental Quality on September 
9, 1981, and deletion of the Plant Site Emission Limit Rules (OAR 340-
20-196 and 197).
    (55) On July 20, 1982, the State of Oregon Department of 
Environmental Quality submitted: (i) Carbon monoxide (CO) and ozone 
(O3) attainment plans for Portland which build upon those plans 
submitted in June 1979 and (ii) a request to extend the Portland CO and 
O3 attainment dates to December 31, 1985, and December 31, 1987, 
respectively.
    (56) On August 9, 1982, the State of Oregon Department of 
Environmental Quality submitted a revision to remove the Mid-Willamette 
Valley Air Pollution Authority Regulations from the Oregon state 
implementation plan.
    (57) Amendments to the rules for primary aluminum plants submitted 
by the Oregon State Department of Environmental Quality on February 21, 
1974 (OAR 340-25-255 to 290), February 14, 1980 (OAR 340-25-265(4)(b) 
and 265(5)) and August 9, 1982 (OAR 340-25-255 to 285).
    (58) Amendments to the rules for equipment burning salt laden wood 
waste from logs stored in salt water (OAR 340-21-020) and removal of 
Conditions 4, 5, and 6 of the Air Contaminant Discharge Permit for the 
Weyerhaeuser Company plant in North Bend, Oregon (Permit Number: 06-
0007) submitted by the Oregon State Department of Environmental Quality 
on October 18, 1982.
    (59) On August 16, 1982, the State of Oregon Department of 
Environmental Quality submitted a revision to OAR 340-24-300 to 24-350 
(Vehicle Inspection Program Rules).
    (60) On January 24, 1983, the State of Oregon Department of 
Environmental Quality submitted a revision to add a lead strategy to the 
Oregon Implementation Plan and revise the State lead ambient air quality 
standard to agree with the Federal standard.

[[Page 791]]

    (61) On December 13, 1982, the State of Oregon Department of 
Environmental Quality submitted two revisions to the Lane Regional Air 
Pollution Authority rules. The revisions are: (1) Title 32, Emission 
Standards (Section 800, Air Conveying Systems)--revision to compliance 
date and (2) Title 33, Prohibited Practices and Control of Special 
Classes (Section 070, Kraft Pulp Mills)--new rules.
    (62) Title 22 ``PERMITS'' of the Lane Regional Air Pollution 
Authority Rules, except to the extent that they apply to marine vessel 
emissions and except the definitions of ``dispersion technique'' and 
``good engineering practice stack height'', and Title 32 ``EMISSION 
STANDARDS'' Sections 32-100 through 32-104 of the Lane Regional 
Authority Rules, submitted by the State Department of Environmental 
Quality on March 2, 1983; clarifying letter dated June 20, 1984.
    (63) On May 6, 1983, the Oregon Department of Environmental Quality 
submitted revisions to its rules as follows:
    (A) Revisions to the ``New Source Review'' rule consisting of an 
amended section OAR 340-20-225, specifically, the deletion of the 
definitions of ``Dispersion Technique'' (OAR 340-20-225(7)) and ``Good 
Engineering Practice Stack Height'' (OAR 340-20-225(11)), the 
renumbering of OAR 340-20-225, the revision of the definition of 
``Nonattainment Area'' (OAR 340-20-225(14)), and changes to numerous 
references to coincide with the new numbering; the deletion of 
subsection OAR 340-20-240(7) ``Growth Increments'' and the addition of a 
new section OAR 340-20-241 ``Growth Increments;'' an amended section OAR 
340-20-245, specifically, revised subsections OAR 340-20-245(2)(c) and 
OAR 340-20-245(4), and changes to numerous references to coincide with 
the new numbering of the definitions in OAR 340-20-225; and amendment to 
subsection )AR 340-20-260(2); a revised reference in OAR 340-20-265(6) 
to coincide with the new numbering of a definition; and the deletion of 
section OAR 340-20-275 ``Stack Heights''.
    (B) The addition of a new ``Stack Heights and Dispersion 
Techniques'' rule (OAR 340-20-340 and 345);
    (C) Revisions to the ``Portable Hot Mix Asphalt Plants'' rule (OAR 
340-25-120; and
    (D) The deletion of OAR 340-22-108 ``Applicability of Alternative 
Control Systems.''
    (64) Amendments to the fees in the ``Air Contaminant Discharge 
Permit'' rule (OAR 340-20-155 Table 1 and OAR 340-20-165) submitted by 
the Oregon Department of Environmental Quality on June 3, 1983.
    (65) On October 26, 1983, and December 14, 1983, the State of Oregon 
Department of Environmental Quality submitted four separate revisions to 
their plan. On October 26, 1983, the State submitted a revised air 
emergency episode plan (OAR 340-27-005 through 340-27-030 (effective 
October 7, 1983), revisions to gasoline marketing rules for the Medford-
Ashland ozone nonattainment area (OAR 340-22-110(1)(a), effective 
October 7, 1983, and a revised ozone ambient air quality standard for 
the Lane Regional Air Pollution Authority (Section 31-035 Ozone, 
effective July 12, 1983). On December 14, 1983, the State submitted 
revisions to the automobile inspection and maintenance program for 
Portland (OAR 340-24-306 through 340-24-350, effective November 18, 
1983). EPA is also approving OAR 340-27-035 which requires an 
``operation and maintenance manual'' for administering the provisions of 
the Emergency Episode Plan (effective October 7, 1983).
    (66) On October 20, 1982, the State of Oregon Department of 
Environmental Quality submitted a revision to the Medford, Oregon, 
Carbon Monoxide Attainment Plan which is contained in the Oregon State 
Implementation Plan. This plan builds upon the plan submitted in June 
1979.
    (67) On April 25, 1983, the State Department of Environmental 
Quality submitted Section 4.10, ``Medford-Ashland Air Quality 
Maintenance Area State Implementation Plan for Particulate Matter.''
    (68) Amendments to the Open Burning Rules (OAR 340-23-022 through 
115), submitted by the State Department of Environmental Quality on June 
5, 1984.
    (69) Amendments to the Refuse Burning Equipment Limitations rules, 
specifically OAR 340-21-005 (1) and (4),

[[Page 792]]

OAR 340-21-025(2)(b), and OAR 340-21-027, were submitted by the State 
Department of Environmental Quality on January 16, 1984; and amendments 
to the Open Field Burning rules, specifically, the addition of new 
sections 340-21-001, 340-26-003, 340-26-031, 340-26-035, 340-26-040 and 
340-21-045, revisions to sections 340-26-005, 340-26-013, 340-26-015, 
340-26-010 and replacing it with a new section 340-26-010, the deletion 
of the existing section 340-26-011 and 340-26-020, were submitted by the 
State Department of Environmental Quality on March 14, 1984.
    (70) On December 10, 1984, the Oregon Department of Environmental 
Quality submitted revisions to its Civil Penalty Rules (OAR 340-12) 
which deleted Sections 005 through 025 and 052 through 068; amended 
Sections 030, 040 and 050; and added Sections 070 and 075. Sections 035 
and 045 were retained.
    (71) Revisions to the Oregon State Implementation Plan were 
submitted by the Director on July 26, 1984, and August 7, 1984. 
Revisions are woodstove certification program rules (OAR 340-21-100 to 
340-21-190), Oregon Revised Statutes 468.630 to 468.655 and amendment to 
field burning introduction (OAR 340-26-001) and repeal the field burning 
rules relating to tax credits (OAR 340-26-030).
    (i) Incorporation by reference:
    (A) Woodstove certification program rules (OAR 340-21-100 to 340-21-
190) as published in the Oregon Administrative Rules, November 1984.
    (B) The Oregon Revised Statutes 468.630 to 468.655 as signed by the 
Governor on July 5, 1984.
    (C) Amendment to the field burning rule introduction (OAR 340-60-
001) as adopted by the Oregon Environmental Commission on June 29, 1984.
    (72) Revisions to the Oregon SIP were submitted by the Director on 
May 6, 1985. Revisions are: Definitions to the Vehicle Inspection 
Operating Rules (OAR 340-24-305 (20) and (22)) and the Light Duty Motor 
Vehicle Emission Control Test Method (OAR 340-24-310 through 350 as 
amended).
    (i) Incorporation by reference.
    (A) Amendments to OAR (340-24-305 (20) and (22)) as adopted by the 
Environmental Quality Commission on November 2, 1984.
    (B) Amendments to OAR 340-24-310 through 350 as amended as adopted 
by the Environmental Quality Commission on April 19, 1985.
    (73) Amendments to the Lane Regional Air Pollution Authority Rules 
for Air Conveying Systems (Title 32, section 800) were submitted by the 
State Department of Environmental Quality on May 6, 1985.
    (i) Incorporation by reference.
    (A) Letter of May 6, 1985, to EPA from the Oregon Department of 
Environmental Quality, and Amendments to Title 32, section 800 of the 
Lane Regional Air Pollution Authority (LRAPA) as part of the Oregon 
State Implementation Plan. Revisions were approved at the LRAPA Board of 
Directors meeting on January 8, 1985, and approved by the Environmental 
Quality Commission on April 19, 1985.
    (74) On September 25, 1984, the State of Oregon Department of 
Environmental Quality submitted an amendment to OAR 340-20-047, 
specifically Section 5.2 ``VISIBILITY PROTECTION PLAN FOR CLASS I 
AREAS.'' On September 25, 1984, October 22, 1985, and March 19, 1986, 
the State of Oregon Department of Environmental Quality submitted 
amendments to the ``New Source Review'' rules, specifically, amendments 
to OAR 340-20-225, OAR 340-20-230(1)(e) and (f), OAR 340-20-245(5), and 
OAR 340-20-245(7) (submitted on 9/25/84), amendments to OAR 340-20-
245(3) (submitted on 9/25/84 and 10/22/85), OAR 340-20-276 (submitted on 
9/25/84), and amendments to OAR 340-20-276(1) (submitted on 10/22/85 and 
3/19/86).
    (i) Incorporation by reference.
    (A) Letter of September 25, 1984, from the Oregon State Department 
of Environmental Quality to EPA Region 10. Revisions to the Oregon 
Administrative Rules, Chapter 340, Division 20, adopted by the 
Environmental Quality Commission on September 14, 1984, as follows:
    (1) OAR 340-20-047, Section 5.2 ``VISIBILITY PROTECTION PLAN FOR 
CLASS I AREAS,'' except for ``Reserved'' subsections 5.2.5 ``Best 
Available Retrofit Technology,'' 5.2.6 ``Integral Vistas,'' and 5.2.7 
``Control Strategies;''
    (2) OAR 340-20-225 ``Definitions'' as amended;

[[Page 793]]

    (3) OAR 340-20-230 ``Procedural Requirements,'' subsection (1) 
``Information Required,'' paragraphs (e) and (f) as amended;
    (4) OAR 340-20-245 ``Requirements for Sources in Attainment or 
Unclassified Areas (Prevention of Significant Deterioration),'' 
subsection (5) ``Air Quality Monitoring,'' paragraph (a) as amended;
    (5) OAR 340-20-245 ``Requirements for Sources in Attainment or 
Unclassified Areas (Prevention of Significant Deterioration),'' 
subsection (7) ``Sources Impacting Class I areas'' as amended.
    (B) Letter of October 22, 1985, from the Oregon State Department of 
Environmental Quality to EPA Region 10. Revisions to the Oregon 
Administrative Rules, Chapter 340, Division 20, adopted by the 
Environmental Quality Commission on September 27, 1985, as follows:
    (1) OAR 340-20-245 ``Requirements for Sources in Attainment or 
Unclassified Areas (Prevention of Significant Deterioration),'' 
subsection (3) ``Exemption for Sources Not Significantly Impacting 
Designated Nonattainment Areas,'' paragraph (a) as amended.
    (C) Letter of March 19, 1986, from the Oregon State Department of 
Environmental Quality to EPA Region 10. Revisions to the Oregon 
Administrative Rules, Chapter 340, Division 20, adopted by the 
Environmental Quality Commission on November 22, 1985, as follows:
    (1) OAR-340-20-276 ``Visibility Impact'' as amended.
    (75) A revision to the Oregon State Implementation Plan was 
submitted by the Director of Department of Environmental Quality (DEQ) 
on October 9, 1985, and supplemented with technical appendices on 
February 13, 1986. This revision adds a mandatory vehicle Inspection and 
Maintenance (I/M) program to the existing Medford Carbon Monoxide plan, 
modifies the Oregon I/M regulations for underhood inspections by 
eliminating tampering checks of 1974 and older model vehicles and 
removes the existing section 110(a)(2)(I) construction moratorium.
    (i) Incorporation by reference.
    (A) A letter dated October 9, 1985, from Department of Environmental 
Quality to EPA Region 10.
    (B) A letter dated February 13, 1986, from Department of 
Environmental Quality to EPA Region 10.
    (C) OAR 340-24-301 (Boundary Designations), OAR 340-24-320 (Light 
Duty Motor Vehicle Emission Control Test Criteria), and OAR 340-24-325 
(Heavy Duty Motor Vehicle Emission Control Test Criteria), which were 
adopted by the Environmental Quality Commission on September 27, 1985.
    (D) October 20, 1982 letter to EPA from the Department of 
Environmental Quality and section 4.9.3.2 (Emission Reduction Necessary 
for Attainment) of the Control Strategy for Medford-Ashland Air Quality 
Maintenance Area 1982 State Implementation Plan Revision for Carbon 
Monoxide as adopted by the Environmental Quality Commission on October 
15, 1982.
    (E) Section 4.9.5.1 (Reasonable Further Progress) of the Control 
Strategy for Medford-Ashland Air Quality Maintenance Area 1982 State 
Implementation Plan Revision for Carbon Monoxide as adopted by the 
Environmental Quality Commission on October 15, 1982.
    (F) Section 4.9.5.5 (Conformity of Federal Actions) of the Control 
Strategy for Medford-Ashland Quality Maintenance Area 1982 State 
Implementation Plan Revision for Carbon Monoxide as adopted by the 
Enviromental Quality Commission on October 15, 1982.
    (G) Section 4.9.4 (Control Strategy) of the Control Strategy for 
Medford-Ashland Air Quality Maintenance Area 1982 State Implementation 
Plan Revision for the Carbon Monoxide as adopted by the Environmental 
Quality Commission on October 15, 1982.
    (76) Revisions to the Oregon State Implementation Plan were 
submitted by the Director of the Department of Environmental Quality on 
August 5, 1985. Revisions are: Extension of existing emission standards 
for veneer dryers (OAR 340-25-315) to include sources located in special 
problem areas, and the deletion of any references to the implementation 
of compliance dates which have already passed.
    (i) Incorporation by reference.
    (A) Letter of August 5, 1985, from the Department of Environmental 
Quality to EPA and Amendments to OAR 340-

[[Page 794]]

25-315, Veneer and Plywood Operations Rule, as adopted by the 
Environmental Quality Commission on July 19, 1985.
    (77) On February 28, 1985, the Director of the Oregon Department of 
Environmental Quality submitted a request to EPA to redesignate the 
Medford-Ashland Air Quality Maintenance Area (AQMA) from nonattainment 
to attainment for the primary O3 standard and a plan to maintain 
that standard.
    (i) Incorporation by reference:
    (A) Letter of February 28, 1985, from Oregon State Department of 
Environmental Quality to EPA Region 10.
    (B) Oregon Administrative Rules, Chapter 340, Division 20, Section 
4.8 ``Medford-Ashland Air Quality Maintenance Area Plan for Maintenance 
of Ozone Standard,'' adopted by the Oregon Environmental Quality 
Commission on January 25, 1985.
    (78) On May 30, 1986, the State of Oregon Department of 
Environmental Quality submitted a new rule, OAR 340-20-037 ``Stack 
Heights and Dispersion Techniques'' and requested the deletion of the 
existing rules, OAR 340-20-340 and 345 ``Stack Heights and Dispersion 
Techniques''. On October 23, 1987, the State of Oregon Department of 
Environmental Quality submitted a letter indicating how this new rule 
will be implemented until a definition of the terms ``emission 
limitation'' and ``emission stan
    (i) Incorporation by reference.
    (A) Letter of May 30, 1986, from the Oregon State Department of 
Environmental Quality to EPA Region 10. Revisions to the Oregon 
Administrative Rules, Chapter 340, Division 20, Section 037 ``Stack 
Heights and Dispersion Techniques'', adopted by the Environmental 
Quality Commission on April 25, 1986.
    (B) Letter of October 23, 1987, from the Oregon State Department of 
Environmental Quality to EPA Region 10.
    (79) Revisions to the Oregon State Implementation Plan were 
submitted by the Director of the Department of Environmental Quality of 
October 15, 1986. Revisions are: OAR 340-24-330 (Light Duty Motor 
Vehicle Emission Control Cutpoints or Standards) and OAR 340-24-335 
(Heavy Duty Gasoline Motor Vehicle Emission Control Emission Standards).
    (i) Incorporation by reference. (A) Letter dated October 15, 1986 
from the Director of the Department of Environmental Quality to EPA 
Region 10.
    (B) OAR 340-24-330 (Light Duty Motor Vehicle Emission Control 
Cutpoints or Standards) as adopted by the Environmental Quality 
Commission on September 12, 1986.
    (C) OAR 340-24-335 (Heavy Duty Gasoline Motor Vehicle Emission 
Control Emission Standards) as adopted by the Environmental Quality 
Commission on September 12, 1986.
    (80) On May 23, 1986, the State of Oregon Department of 
Environmental Quality submitted a new paragraph (12), of OAR 340-20-165 
``Fees'', as a revision to the State Implementation Plan. This paragraph 
allows regional air pollution authorities to set a permit fee schedule 
for sources within their jurisdiction.
    (i) Incorporation by reference.
    (A) Letter dated May 23, 1986, from the State of Oregon Department 
of Environmental Quality to EPA Region 10. Oregon Administrative Rule, 
Chapter 340, Division 20, Section 340-20-165 ``Fees'', paragraph (12), 
adopted by the Environmental Quality Commission on March 14, 1986.
    (81) Oregon Administrative Rules (OAR) Chapter 340, Division 20, 
Sections 200 through 215 (Conflict of Interest) submitted by the 
Director of the Department of Environmental Quality on May 30, 1986. 
These rules apply only to the Department of Environmental Quality and 
the Environmental Quality Commission, and not to the Lane Regional Air 
Pollution Authority and its Board of Directors.
    (i) Incorporation by reference.
    (A) Letter dated May 20, 1986, from the State of Oregon Department 
of Environmental Quality to EPA Region 10. Oregon Administrative Rules, 
Chapter 340, Division 20, Sections 200, 205, 210, and 215 (Conflict of 
Interest) which was adopted by the Environmental Quality Commission on 
April 25, 1986.
    (82) On November 24, 1986, and supplemented on January 8, 1987, the 
Director of the Department of Environmental Quality submitted the Grants 
Pass carbon monoxide control strategy as a revision to the Oregon State 
Implementation Plan.

[[Page 795]]

    (i) Incorporation by reference.
    (A) Letter dated November 24, 1986, from the Director of the 
Department of Environmental Quality to EPA Region 10.
    (B) State of Oregon Clean Air Act Implementation Plan Section 4.11 
Grants Pass Carbon Monoxide Control Strategy as adopted by the 
Environmental Quality Commission on October 24, 1986.
    (ii) Additional information.
    (A) Letter dated January 8, 1987, from the Director of the 
Department of Environmental Quality to EPA Region X.
    (B) Technical appendices for the Grants Pass Carbon Monoxide Control 
Strategy, Appendix 4.11.1 through 10.
    (83) On March 3, 1987, the Director of the Department of 
Environmental Quality submitted amendments to the Oregon visibility 
protection program as a revisions to the Oregon state implementation 
plan, specifically OAR 340-20-047, section 5.2 ``Visibility Protection 
Plan for Class I Areas,'' OAR 629-43-043 ``Smoke Management Plan,'' and 
Directive 1-4-1-601 ``Operational Guidance for the Oregon Smoke 
Management Program.''
    (i) Incorporation by reference.
    (A) Two letters dated March 3, 1987, from the Director of the 
Department of Environmental Quality to EPA Region 10 establishing the 
effective dates for Oregon Administrative Rules referenced in paragraphs 
(c)(83)(i) (B), (C), and (D) of this section.
    (B) Oregon Administrative Rule, Chapter 340, Division 20, section 
047, section 5.2 ``Visibility Protection Plan for Class I Areas'' as 
adopted by the Environmental Quality Commission on October 24, 1986.
    (C) Oregon Administrative Rule, Chapter 629, Division 43, section 
043 ``Smoke Management Plan'' as adopted by the Environmental Quality 
Commission on December 12, 1986.
    (D) Directive 1-4-1-601 ``Operational Guidance for the Oregon Smoke 
Management Program'' as adopted by the Environmental Quality Commission 
on December 12, 1986.
    (84) On September 28, 1988, the Director of the Department of 
Environmental Quality submitted the Lane Regional Air Pollution 
Authority Section 12-025 ``Conflict of Interest,'' of Title 12, ``Duties 
and Powers of Board and Director,'' adopted as Oregon Administrative 
Rules, Chapter 340, Division 20, Section 047, as a revision to the State 
implementation plan.
    (1) Incorporation by reference.
    (i) September 28, 1988, letter from the Director of the Department 
of Environmental Quality to EPA Region 10.
    (ii) Lane Regional Air Pollution Authority Section 12-025 ``Conflict 
of Interest,'' of Title 12, ``Duties and Powers of Board and Director,'' 
as adopted as Oregon Administrative Rules, Chapter 340, Division 20, 
Section 047. This rule was adopted by the Environmental Quality 
Commission on September 9, 1988.
    (85) On February 17, 1989, the State of Oregon Department of 
Environmental Quality submitted amendments to the Procedures for 
Issuance, Denial, Modification, and Revocation of Permits (OAR 340-14-
007, 010, 020 (and 025), Air Contaminant Discharge Permit Notice Policy 
(OAR 340-20-150), and the New Source Review Procedural Requirements (OAR 
340-20-230).
    (i) Incorporation by reference.
    (A) February 17, 1989, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 14 
(Procedures for Issuance, Denial, Modification, and Revocation of 
Permits), section -007 (Exceptions); -010 (Definitions) (3); -020 
(Application for a Permit) (1), (4)(b), and (5); -025 (Issuance of a 
Permit) (2), (3), (4), (5), and (6) as adopted by the Environmental 
Quality Commission on June 10, 1988.
    (C) Oregon Administrative Rules, Chapter 340, Division 20 (Air 
Pollution Control, Air Contaminant Discharge Permit), Section -150 (Air 
Contaminant Discharge Permit Notice Policy) as adopted by the 
Environmental Quality Commission on June 10, 1988.
    (D) Oregon Administrative Rules, Chapter 340, Division 20 (Air 
Pollution Control, New Source Review), Section -230 (Procedural 
Requirements) (3)(D) as adopted by the Environmental Quality Commission 
on June 10, 1988.
    (86) Revisions to the Oregon State Implementation Plan were 
submitted

[[Page 796]]

by the Director of the Department of Environmental Quality on February 
24, 1989. The revision is to OAR-340-24-300 through 350 (Vehicle 
Inspection Program Operating Rules, Test Procedures and Licensed Exhaust 
Analyzer).
    (i) Incorporation by reference.
    (A) Letter dated February 24, 1989, from the Director of the 
Department of Environmental Quality to EPA Region 10.
    (B) OAR 340-24-301 [Boundary Designations] (2); OAR 340-24-310 
[Light Duty Motor Vehicle Emission Control Test Method] (6); OAR 340-24-
320 (Light Duty Motor Vehicle Emission Control Test Criteria) (3)(a) 
introductory text, (3)(b)(4), (5), and (6)(a); OAR 340-24-325 [Heavy 
Duty Gasoline Motor Vehicle Emission Control Test Criteria] (3)(a) 
introductory text, (4), and (5); OAR 340-24-330 (Light Duty Motor 
Vehicle Emission Control Cutpoints or Standards) (3); and OAR 340-24-350 
(Gas Analytical System Licensing Criteria) (1)(a)(C), (1)(a)(E), and 
(1)(c) as adopted by the Environmental Quality Commission on September 
9, 1988.
    (87) On May 30, 1986, the Director of the Department of 
Environmental Quality submitted revisions to Volume 2 ``The Federal 
Clean Air Act Implementation Plan (and Other State Regulations)'' and on 
July 11, 1986, a revised Section 3 ``Statewide Regulatory Provisions'' 
`Subsection 3.1 Oregon Administrative Rule--Chapter 340' (OAR 340-30-
015, 030, 031, 040, and 055) as revisions to the Oregon State 
Implementation Plan.
    (i) Incorporation by reference.
    (A) May 30, 1986, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) July 11, 1986, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (C) Volume 2 ``The Federal Clean Air Act Implementation Plan (and 
Other State Regulations)'' Section 1 (Introduction); Section 2 (General 
Administration); Section 3 (Statewide Regulatory Provisions) 
Introduction; Section 4 (Control Strategies for Nonattainment Areas) 
Introduction; Section 5 (Control Strategies for Attainment and 
Nonattainment Areas) Introduction and Section 5.2 (Prevention of 
Significant Deterioration); Section 6 (Ambient Air Quality Monitoring 
Program); Section 8 (Public Involvement); and Section 9 (Plan Revisions 
and Reporting), dated January 1986, as adopted by the Environmental 
Quality Commission on April 25, 1986.
    (D) Volume 2 ``The Federal Clean Air Act Implementation Plan (and 
Other State Regulations),'' Section 3 (Statewide Regulatory Provisions), 
Subsection 3.1 Oregon Administrative Rule--Chapter 340 (OAR 340-14-005 
to 050 [Procedures for Issuance, Denial, Modification, and Revocation of 
Permits] dated 10-1-89, OAR 340-20-046 [Records; Maintaining and 
Reporting] effective 10-1-72, OAR 340-20-047 [State of Oregon Clean Air 
Act Implementation Plan] effective 9-30-85, OAR 340-30-015 [Wood Waste 
Boilers] effective 10-29-80, and OAR 340-31-105 [Definitions]) effective 
9-8-81.
    (E) Volume 2 ``The Federal Clean Air Act Implementation Plan (and 
Other State Regulations),'' Section 3 ``(Statewide Regulatory 
Provisions)'', Subsection 3.1 Oregon Administrative Rule--Chapter 340, 
Division 30 (Specific Air Pollution Control Rules for the Medford-
Ashland Air Quality Maintenance Area), Section 015 (Wood Waste Boilers); 
Section 030 (Wood Particle Dryers at Particleboard Plants); Section 031 
(Hardboard Manufacturing Plants); Section 040 (Charcoal Processing 
Plants); and Section 055 (Source Testing) as adopted by the 
Environmental Quality Commission on June 13, 1986.
    (88) A revision to the Oregon State Implementation Plan was 
submitted by the Director of the Oregon Department of Environmental 
Quality on September 14, 1989. The revision OAR-340-22-300 (Standard for 
Automotive Gasoline) is approved in full with the exception of section 
300 (6). EPA only approves the sampling procedures and test methods 
specified in 40 CFR part 80 and is taking no action on the other test 
procedures referenced in section 300 (6) specifically the ASTM D323 
method and the California Air Resources rule methods.

[[Page 797]]

    (i) Incorporation by reference. (A) Letter dated September 14, 1989, 
from the Director of the Oregon Department of Environmental Quality to 
EPA Region 10. (B) Oregon Administrative Rule, chapter 340, Division 22 
(General Gaseous Emissions), section 300 (standard for Automotive 
Gasoline) as adopted by the Environmental Quality Commission on June 2, 
1989.
    (89) On January 2, 1991, the Director of the Department of 
Environmental Quality submitted revisions to State of Oregon's Air 
Quality Control Plan Volume 2 (the Federal Clean Air Act State 
Implementation Plan and other State Regulations) as follows: OAR chapter 
340, Division 20, Sections 350 to 380 (Excess Emissions). The Department 
of Environmental Quality also repealed OAR 340-21-070 and OAR 340-21-075 
from the state of Oregon's Air Quality Control Plan Volume 2.
    (i) Incorporation by reference.
    (A) January 2, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 20 (General); 
-350 (Purpose and Applicability); -355 (Definitions); -360 (Planned 
Startup and Shutdown); -365 (Scheduled Maintenance); -370 (Upsets and 
Breakdowns); -375 (Reporting Requirements); and -380 (Enforcement Action 
Criteria) as adopted by the Environmental Quality Commission on may 25, 
1990, and were effective on January 2, 1991.
    (90) On January 14, 1991, the State of Oregon Department of 
Environmental Quality submitted amendments to the Parking Offsets in the 
Portland Central business District (OAR-340-20-405 through 340-20-430) 
in the State of Oregon Air Quality Control Program.
    (i) Incorporation by reference.
    (A) Letter dated January 4, 1991, from the Director of the 
Department of Environmental Quality to EPA Region 10 submitting an 
amendment to the Oregon Implementation Plan.
    (B) Oregon Administrative Rules Chapter 340, Division 20 (Air 
Pollution) Control), section 405 through 430 (Parking Offsets in the 
Portland Central Business district). These rules were adopted by the 
Environmental Quality Commission on December 14, 1990.
    (91) On September 14, 1989, the State of Oregon Department of 
Environmental Quality submitted an amendment to the rules for Notice of 
Construction and Approval of Plans (OAR-340-20-030).
    (i) Incorporation by reference.
    (A) September 14, 1989, letter from the Director of the Department 
of Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 20 (Air 
Pollution Control, Notice of Construction and Approval of Plans) Section 
-030 (Procedure), (4)(a) as adopted by the Environmental Quality 
Commission on April 14, 1989.
    (92) On November 15, 1991, the Director of the Department of 
Environmental Quality submitted revisions to State of Oregon's Air 
Quality Control Plan Volume 2 (the Federal Clean Air Act State 
Implementation Plan and other State Regulations) as follows: Division 
34--Residential Woodheating in OAR Chapter 340 which contains OAR 340-
34-001 to 34-115 (Oregon Woodstove Certification--previously Division 
21-100 to 21-190 of OAR Chapter 340); a new section OAR 340-34-150 to 
34-175 (Woodburning Curtailment); and a new section OAR 340-34-200 to 
34-215 (Woodstove Removal Contingency Program for PM10 
Nonattainment Areas). Also OAR 340-23-030, 043, & 090 (Rules for Open 
Burning).
    (i) Incorporation by reference.
    (A) November 15, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 34 
(Residential Wood Heating), section--001 (Purpose); -005 (Definitions); 
-010 (Requirements for the Sale of Woodstoves); -015 (Exemptions); -020 
(Civil Penalties); -050 (Emission Performance Standards & 
Certification); -055 (Efficiency Testing Criteria & Procedures); -060 
(General Certification Procedures); -065 (Changes in Woodstove Design); 
-070 (Labelling Requirements); -075 (Removal Label); -080 (Label 
Approval); 

[[Page 798]]

-085 (Laboratory Accreditation Requirements); -090 (Accreditation 
Criteria); -095 (Application for Laboratory Efficiency Accreditation); -
100 (On-Site Laboratory Inspection and Stove Testing Proficiency 
Demonstration); -105 (Accreditation Application Deficiency, Notification 
and Resolution); -110 (Final Department Administrative Review and 
Certificate of Accreditation); -115 (Revocation and Appeals); -150 
(Applicability); -155 (Determination of Air Stagnation Conditions); -160 
(Prohibition on Woodburning During Periods of Air Stagnation); -165 
(Public Information Program); -170 (Enforcement); -175 (Suspension of 
Department Program); -200 (Applicability); -205 (Removal and Destruction 
of Uncertified Stove Upon Sale of Home); -210 (Home Seller's 
Responsibility to Verify Stove Destruction); -215 (Home Seller's 
Responsibility to Disclose) as adopted by the Environmental Quality 
Commission on November 8, 1991 and effective on November 13, 1991.
    (C) Oregon Administrative Rules, Chapter 340, Division 23 (Rules for 
Open Burning), section -030 (Definitions); -043 (Open Burning Schedule); 
and -090 (Coos, Douglas, Jackson and Josephine Counties) as adopted by 
the Environmental Quality Commission on November 8, 1991 and effective 
on November 13, 1991.
    (93) On November 15, 1991, the Director of the Department of 
Environmental Quality submitted revisions to State of Oregon's Air 
Quality Control Plan Volume 2 (The Federal Clean Air Act State 
Implementation Plan and other State Regulations) as follows: Division 
21--General Emission Standards for Particulate Matter in Chapter 340 
which contains OAR 340-21-200 to -245.
    (i) Incorporation by reference. (A) November 15, 1991, letter from 
the Director of the Department of Environmental Quality to EPA Region 10 
submitting amendments to the Oregon State implementation plan.
    (B) Oregon Administrative Rules, chapter 340, Division 21 (General 
Emission Standards for Particulate Matter) section Industrial 
Contingency Requirements for PM-10 Nonattainment Areas; -200 (Purpose); 
-205 (Relation to Other Rules); -210 (Applicability); -215 
(Definitions); -220 (Compliance Schedule for Existing Sources); -225 
(Wood-Waste Boilers); -230 (Wood Particulate Dryers at Particleboard 
Plants); -235 (Hardboard Manufacturing Plants) -240 (Air Conveying 
Systems); and -245 (Fugitive Emissions) as adopted by the Environmental 
Quality Commission on November 8, 1991 and effective on November 13, 
1991.
    (94) On May 30, 1986, and on November 15, 1991, the Director of the 
Department of Environmental Quality submitted revisions to State of 
Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air Act 
State Implementation Plan and other State Regulations) as follows: 
Division 25--Board Products Industries in OAR Chapter 340 which contains 
OAR 340-25-305 to 315.
    (i) Incorporation by reference.
    (A) November 15, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 25 (Specific 
Industrial Standards) section-305 (Definitions); and -315 (Veneer and 
Plywood Manufacturing Operations) as adopted by the Environmental 
Quality Commission on November 8, 1991 and effective on November 13, 
1991.
    (C) May 30, 1986, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (95) On May 20, 1988, the Director of the Department of 
Environmental Quality submitted revisions to State of Oregon's Air 
Quality Control Plan Volume 2 (The Federal Clean Air Act State 
Implementation Plan and other State Regulations) as follows: Chapter 340 
Division 27 (Air Pollution Emergencies) section -005, -010, and -012.
    (i) Incorporation by reference. (A) May 20, 1988, letter from the 
Director of the Department of Environmental Quality to EPA Region 10 
submitting amendments to the Oregon state implementation plan.
    (B) Oregon Administrative Rules, chapter 340, Division 27 (Air 
Pollution Emergencies) section -005 (Introduction); -010 (Episode Stage 
Criteria for Air Pollution Emergencies) and -012 (Special Conditions) as 
adopted by the

[[Page 799]]

Environmental Quality Commission on April 29, 1988, and effective on May 
19, 1988.
    (96) On May 30, 1986, December 5, 1986, May 8, 1987, March 3, 1989, 
March 12, 1990, June 8, 1990, and November 15, 1991, the Director of the 
Department of Environmental Quality submitted revisions to the State of 
Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air State 
Implementation Plan and Other State Regulations). The revisions updated 
the Lane Regional Air Pollution Authority rules by adding new Titles 12, 
14, 34, 38, and 47; revising existing Titles 11, 12, 15 (previously 
Title 13), 32, 33, 50 (previously Title 31), and 51; rescinding existing 
Titles 21, 22, and 36; and removing existing Titles 20, 42, 44, and 45 
from the EPA-approved state implementation plan.
    (i) Incorporation by reference.
    (A) May 30, 1986, letter from the Director of the Oregon Department 
of Environmental Quality (ODEQ) to EPA Region 10 submitting amendments 
to the Oregon state implementation plan. Revisions were to: Title 11 
(Policy and General Provisions), Title 12 (General Duties and Powers of 
Board and Director), Title 14 (Definitions), Title 32 (Emission 
Standards) and Title 33 (Prohibited Practices and Control of Special 
Classes), Title 34 (Air Contaminant Discharge Permits), Title 38 (New 
Source Review), and Title 47 (Rules for Open Outdoor Burning) as adopted 
by the Environmental Quality Commission on April 25, 1986, and state 
effective on May 8, 1986.
    (B) December 5, 1986, letter from the Director of ODEQ to EPA Region 
10 submitting amendments to the Oregon state implementation plan. 
Revisions were to: Title 14 (Definitions) and Title 38 (New Source 
Review) as adopted by the Environmental Quality Commission on October 
24, 1986, and state effective on October 24, 1986.
    (C) May 8, 1987, letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon state implementation plan. Revisions 
were to: Title 34 (Air Contaminant Discharge Permits) as adopted by the 
Environmental Quality Commission on April 17, 1987, and state effective 
on April 22, 1987.
    (D) March 3, 1989, letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon state implementation plan. Revisions 
were to: Title 34 (Air Contaminant Discharge Permits), as adopted by the 
Environmental Quality Commission on November 4, 1988, and state 
effective on December 20, 1988.
    (E) March 3, 1989, letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon state implementation plan. Revisions 
were to: Title 14 (Definitions), Title 31 which was revised and 
repromulgated as Title 50 (Ambient Air Standards), Title 38 (New Source 
Review), and Title 51 (Air Pollution Emergencies), as adopted by the 
Environmental Quality Commission on November 4, 1988, and state 
effective on December 20, 1988.
    (F) March 12, 1990, letter from ODEQ to EPA Region 10 submitting 
amendments to the Oregon state implementation plan. Revisions were to: 
Title 34 (Air Contaminant Discharge Permits) as adopted by the 
Environmental Quality Commission on March 2, 1990, and state effective 
on February 14, 1991.
    (G) June 8, 1990, letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon state implementation plan. Revisions 
were to: Title 13 (Enforcement Procedures) which was revised and 
repromulgated as Title 15 (Enforcement Procedures and Civil Penalties) 
as adopted by the Environmental Quality Commission on May 25, 1990, and 
state effective on February 14, 1991.
    (H) November 15, 1991, letter from the Director of ODEQ to EPA 
Region 10 submitting amendment to the Oregon state implementation plan. 
Revisions were a new Title 12 (Definitions), and changes to Title 34 
(Air Contaminant Discharge Permits) and Title 38 (New Source Review) as 
adopted by the Environmental Quality Commission on November 8, 1991, and 
state effective on November 13, 1991.
    (I) August 26, 1993, supplemental information letter from ODEQ to 
EPA Region 10 assuring EPA that draft and proposed regulations submitted 
from Lane Regional Air Pollution Authority (LRAPA) as final versions of 
the rules were in fact made final with no change.

[[Page 800]]

    (97) On October 13, 1989, and November 15, 1991, the Director of the 
Department of Environmental Quality submitted revisions to OAR chapter 
340 Division 30 (Specific Air Pollution Control Rules for Areas With 
Unique Air Quality Control Needs) as revisions to the State of Oregon's 
Air Quality Control Plan Volume 2 (The Federal Clean Air State 
Implementation Plan and Other State Regulations).
    (i) Incorporation by reference.
    (A) October 13, 1989, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) November 15, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (C) Oregon Administrative Rule 340 Division 30 (Specific Air 
Pollution Control Rules for Medford-Ashland Air Quality Maintenance Area 
and the Grants Pass Urban Growth Area) -010 (Definitions); -015 (Wood 
Waste Boilers) (except for (3)(c)); -025 (Air Conveying Systems); -040 
(Charcoal Producing Plants); -043 (Control of Fugitive Emissions 
(Medford-Ashland AQMA Only); -044 (Requirement for Operating and 
Maintenance Plans (Medford-Ashland AQMA Only); -045 (Compliance 
Schedules); -046 (Emission Limits Compliance Schedules); -050 
(Continuous Monitoring); -055 (Source Testing; -065 (New Source); -067 
(Rebuilt Sources); as adopted by the Environmental Quality Commission on 
September 7, 1989, and effective on September 7, 1989.
    (D) Oregon Administrative Rule 340 Division 30 (Specific Air 
Pollution Control Rules for Areas with Unique Air Quality Control Needs) 
section -005 (Purpose and Application; -010 (Definitions); -012 
(Application); -015 (Wood Waste Boilers) (except for (3)(c)); -021 
(Veneer Dryer Emission Limitations); -030 (Wood Particle Dryers At 
Particleboard Plants); -043 (Control of Fugitive Emissions (Medford-
Ashland AQMA Only); -044 (Requirements for Operating and Maintenance 
Plans (Medford-Ashland AQMA Only); -046 (Emission Limits Compliance 
Schedules); -050 (Continuous Monitoring); -055 (Source Testing); -065 
(New Sources); -067 (Rebuilt Sources); -115 (Dual Fuel Feasibility Study 
for Wood-Waste Boilers); -200 (Application), -205 (Compliance Schedule 
for Existing Sources), -210 (Woodwaste Boilers); -215 (Wood Particle 
Dryers At Particleboard Plants); -220 (Hardboard Manufacturing Plants); 
-225 (Air Conveying System), and -230 (Fugitive Emissions) as adopted by 
the Environmental Quality Commission on November 8, 1991, and effective 
on November 13, 1991.
    (98) On October 14, 1992, the Director of the Department of 
Environmental Quality submitted revisions to Oregon's Sampling Manual 
(Volumes I and II) and the inclusion of a new Continuous Emission 
Monitoring Manual as revision to the State of Oregon's Air Quality 
Control Plan Volume 2 (The Federal Clean Air State Implementation Plan 
and Other State Regulations).
    (i) Incorporation by reference.
    (A) October 14, 1992, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon's Sampling Manual (Volumes I and II) as adopted by the 
Oregon Environmental Quality Commission on January 23, 1992, and 
effective on January 23, 1992.
    (C) Continuous Emission Monitoring Manual as adopted by the Oregon 
Environmental Quality Commission on January 23, 1992, and effective on 
February 4, 1992.
    (99) On November 21, 1990, the Director of the Department of 
Environmental Quality (ODEQ) submitted a State Implementation Plan for 
Particulate Matter, Grants Pass, Oregon, Moderate Nonattainment Area, A 
Plan for Attaining and Maintaining the National Ambient Air Quality 
Standards for PM10. On November 15, 1991, the Director of ODEQ 
submitted an Addendum to the November 21, 1990 submittal.
    (i) Incorporation by reference.
    (A) November 21, 1990, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting revisions to the 
Oregon state implementation plan.

[[Page 801]]

    (B) November 15, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting revisions to the 
Oregon state implementation plan.
    (C) State Implementation Plan for Particulate Matter, Grants Pass, 
Oregon Nonattainment Area, A Plan for Attaining and Maintaining the 
National Ambient Air Quality Standards for PM10 dated November 
1990, adopted by the Environmental Quality Commission on November 2, 
1990 and effective on November 2, 1990.
    (D) PM10 Control Strategy for Particulate Matter (Addendum) 
Grants Pass, Oregon Nonattainment Area, A Plan for Attaining and 
Maintaining the National Ambient Air Quality Standards for PM10 
dated October 1991, adopted by the Environmental Quality Commission on 
November 8, 1991, and effective on November 13, 1991.
    (100) On May 15, 1991, the Director of the Department of 
Environmental Quality submitted revisions to the State of Oregon 
Implementation plans for volatile organic compound emissions (OAR 340-
22-100 through 340-22-220, General Emission Standards for Volatile 
Organic Compounds), to bring about attainment of the National ambient 
air quality standards in ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) May 15, 1991, letter from Oregon Department of Environmental 
Quality to EPA Region 10 submitting the VOC nonattainment area state 
implementation plan for Oregon.
    (B) OAR 340-22-100 through 340-22-220, General Emission Standards 
for Volatile Organic Compounds, as adopted on May 14, 1991, and became 
effective on May 16, 1991.
    (101) On July 28, 1989, the state of Oregon, through the Oregon 
Department of Environmental Quality, submitted a maintenance plan and a 
request to redesignate Eugene-Springfield to attainment for carbon 
monoxide (CO).
    (i) Incorporation by reference.
    (A) July 28, 1989, letter from Oregon Department of Environmental 
Quality to EPA Region 10 submitting a maintenance plan and a 
redesignation request for the Eugene-Springfield CO Air Quality 
Maintenance Area (AQMA). This plan was submitted as an amendment to the 
State of Oregon Implementation Plan and adopted by the Oregon Department 
of Environmental Quality Commission on December 9, 1988.
    (B) Attainment Demonstration and Maintenance Plan for the Eugene-
Springfield AQMA for CO.
    (C) Letter from Lane Regional Air Pollution Authority and Lane 
Council of Governments, dated February 27, 1992, to EPA Region 10, 
committing to submit a contingency plan if a violation of the CO NAAQS 
occurs.
    (102) On November 16, 1992, and on November 15, 1993, the Director 
of the Department of Environmental Quality submitted Emission Statement 
Rules as amendments to the State of Oregon Implementation Plan. The 
November 15, 1993, Emission Statement Rules revision to OAR chapter 340, 
Division 28, State of Oregon Implementation Plan, superseded the 
November 16, 1992 submittal.
    (i) Incorporation by reference.
    (A) November 16, 1992, letter from Oregon Department of 
Environmental Quality to EPA Region 10 submitting the emission statement 
SIP revision. This revision was submitted as an amendment to the State 
of Oregon Implementation Plan and adopted by the Environmental Quality 
Commission on November 10, 1992.
    (B) Emission Statement Rules submitted as an amendment to the State 
of Oregon Implementation Plan, effective November 12, 1992.
    (C) November 15, 1993, letter from Oregon Department of 
Environmental Quality to EPA Region 10 submitting a revision to the 
Emission Statement Rules. This revision was submitted as an amendment to 
the State of Oregon Implementation Plan and adopted by the Environmental 
Quality Commission on September 10 and October 29, 1993.
    (D) Emission Statement Rules submitted as an amendment to the State 
of Oregon Implementation Plan, revising the air quality regulations in 
OAR, Chapter 340, Division 28, effective September 24, 1993.
    (E) December 20, 1993, Completeness Determination letter to Oregon 
Department of Environmental Quality from EPA Region 10, advising that 
the November 15, 1993, Emission Statement

[[Page 802]]

Rules submittal is a technically and administratively complete SIP 
revision.
    (103) On May 14, 1993, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a committal state implementation 
plan (SIP) for a basic inspection and maintenance (I/M) program for 
Portland and Medford-Ashland CO nonattainment areas. On November 15, 
1993, ODEQ submitted the basic I/M program.
    (i) Incorporation by reference.
    (A) May 14, 1993, letter from the Director of ODEQ to EPA Region 10 
submitting a committal SIP for the I/M program.
    (B) November 15, 1993, letter from the Director of ODEQ to EPA 
Region 10 submitting the I/M program for moderate CO nonattainment 
areas.
    (C) OAR 340-24-309 through 350, ``Motor Vehicles,'' adopted on 
October 29, 1993, and effective on November 4, 1993.
    (104) On November 16, 1992, the Oregon State Department of 
Environmental Quality submitted the formal SIP revision to Oregon's 
Administrative Rules (OAR) 340-20-136 and 340-22-440 through 340-22-640, 
adopted as part of the state of Oregon Clean Air Act Implementation Plan 
through OAR 340-20-047. This revision establishes and requires the 
implementation of an oxygenated gasoline program in the Clackamas, 
Jackson, Multnomah, Washington and Yamhill counties, and an eleven by 
twelve mile area surrounding Klamath Falls and a nine mile by nine mile 
area surrounding Grants Pass.
    (i) Incorporation by reference.
    (A) The November 16, 1992, letter from the Director of the Oregon 
State Department of Environmental Quality to EPA Region 10 submitting 
revisions to the Oregon SIP.
    (B) Revisions to the Oregon SIP: Rules on Oxygenated Fuels, OAR 340-
20-136 and 340-22-440 through 340-22-640, adopted as part of the State 
of Oregon Clean Air Act Implementation Plan through OAR 340-20-047, 
effective November 1, 1992.
    (105) On November 15, 1993, the Director of ODEQ submitted Oregon's 
contingency measure plan as a revision to Oregon's SIP for carbon 
monoxide (CO) for Grants Pass, Medford, Portland, and Klamath Falls, 
Oregon.
    (i) Incorporation by reference.
     (A) November 15, 1993, letter from the Director of ODEQ to EPA 
Region 10 submitting amendments to the Oregon SIP.
    (B) Oregon Administrative Rules, Chapter 340-22-440 through 340-22-
650, Vol. 2, Sections 4.2, 4.9, 4.ll, Carbon Monoxide Control 
Strategies, effective November 4, 1993.
    (106) On February 4, 1994, the Oregon Department of Environmental 
Quality (ODEQ) submitted the formal SIP revision to Oregon's 
Administrative Rules (OAR) 340-34-005 through 340-34-115 (Residential 
Woodheating and Woodstove Certification Program). This revision includes 
the repeal of OAR 340-34-55, OAR 340-34-65 as well as OAR 340-34-075 
through 340-34-115.
    (i) Incorporation by reference.
    (A) February 4, 1994, letter from the Director of ODEQ to EPA Region 
10 submitting a revision to the Woodstove Certification and Efficiency 
Testing Program.
    (B) OAR 340-34-005 through 115, Residential Woodheating and 
Woodstove Certification Program, adopted on December 10, 1993, and 
effective on January 3, 1994.
    (107) On November 15, 1991, the ODEQ submitted a PM-10 nonattainment 
area SIP for La Grande, Oregon.
    (i) Incorporation by reference.
    (A) November 15, 1991 letter from ODEQ to EPA Region 10 submitting 
the PM-10 nonattainment area SIP for La Grande, Oregon.
    (B) PM-10 Control Strategy for Particulate Matter, October 1991, La 
Grande, Oregon Nonattainment Area, as adopted by the Environmental 
Quality Commission on November 8, 1991.
    (108) On November 15, 1991 the Director of ODEQ submitted amendments 
to Oregon's SIP to include a PM-10 control strategy for Eugene-
Springfield and LRAPA title 39.
    (i) Incorporation by reference.
    (A) November 15, 1991 letter from the Director of ODEQ to EPA Region 
10 submitting amendments to the Oregon SIP.
    (B) The PM-10 control strategy for Eugene-Springfield, adopted by 
the OEQC on January 31, 1991, and LRAPA

[[Page 803]]

title 39 (Contingency for PM-10 sources in the Eugene-Springfield 
nonattainment area), adopted by the OEQC on November 8, 1991.
    (C) April 13, 1994 letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon SIP.
    (D) Amendments to Lane Regional Air Pollution Authority Rules as a 
revision to the Oregon SIP (title 16), adopted by the OEQC on March 11, 
1994.
    (109) On October 27, 1993, the Director of ODEQ submitted OAR 340-
24-307, Motor Vehicle Inspection Program Fee Schedule, as an amendment 
to the Oregon SIP. On November 15, 1993, the Director of ODEQ submitted 
Section 3.1, OAR 340-24-309 through 340-24-350 and section 5.4, Motor 
Vehicle Inspection and Maintenance Plan, as amendments to the Oregon 
SIP. On June 14, 1994 EPA's Regional Administrator, Chuck Clarke, 
received Section 3.1, OAR 340-24-309 through 340-24-355 and section 5.4, 
Motor Vehicle Inspection and Maintenance Plan, from the Director of ODEQ 
as amendments to the Oregon SIP.
    (i) Incorporation by reference.
    (A) October 27, 1993 letter from the Director of ODEQ to the 
Regional Administration of EPA submitting a revision to the Oregon SIP, 
Motor Vehicle Inspection Program Fee Schedule.
    (B) November 15, 1993 letter from the Director of ODEQ to the 
Regional Administrator of EPA submitting revisions to the Oregon SIP, 
Vehicle Inspection and Maintenance Program.
    (C) June 13, 1994 letter from the Director of ODEQ to the Regional 
Administrator of EPA submitting revisions to the Oregon SIP, Vehicle 
Inspection and Maintenance Program.
    (D) Oregon's Motor Vehicle Inspection Program Fee Schedule, OAR 340-
24-307, adopted by the Environmental Quality Commission on January 29, 
1993.
    (E) Oregon's Vehicle Inspection and Maintenance Program, OAR 340-24-
309, 310, 315, 320, 330, 335, 340, 350, and Volume 2 Section 5.4, Motor 
Vehicle Inspection and Maintenance Plan, adopted by the Environmental 
Quality Commission on October 29, 1993.
    (F) Oregon's Vehicle Inspection and Maintenance Program, Section 
3.1, OAR 340-24-300 through 340-24-355, and Section 5.4, adopted by the 
Environmental Quality Commission on June 3, 1994.
    (110) On May 28, 1993, the Director of ODEQ submitted two separate 
sets of revisions to its air quality regulations, OAR, Chapter 340, 
Division 25. One submittal was housekeeping amendments affecting all of 
Division 25; the second submittal was specifically Kraft Pulp Mill rules 
(OAR 340-25-150 through -205) and Neutral Sulfite Semi-Chemical Pulp 
Mill regulations (OAR 340-25-220 through -234). On November 15, 1993, 
the Director of ODEQ submitted a revision to OAR, Chapter 340, Division 
25. On April 13, 1994, the Director of ODEQ submitted revisions to the 
Oregon SIP for LRAPA's Title 47, Outdoor Open Burning.
    (i) Incorporation by reference.
    (A) EPA received on May 28, 1993, two letters from the Director, 
ODEQ, to the Regional Administrator, EPA, submitting housekeeping 
amendments to Division 25: Housekeeping amendments to Division 25 (OAR 
340-25-005 through 025 and OAR 340-25-105 through 340-25-430), effective 
March 10, 1993; and revisions to the Oregon SIP for Kraft Pulp Mill 
Amendments and Neutral Sulfite Semi-Chemical Pulp Mill Regulations: 
Kraft Pulp Mill Rules (OAR 340-25-150 through 205) and the Neutral 
Sulfite Semi-Chemical Pulp Mill Pulp Mills (OAR 340-25-220 through 234), 
excluding all references to total reduced sulfur, effective January 24, 
1990.
    (B) November 15, 1993, letter from the Director, ODEQ, to the 
Regional Administrator, EPA, submitting revisions to the Oregon SIP for 
OAR, Chapter 340, Division 25: Amendments to OAR Chapter 340, Division 
25 (OAR 340-25-160, 340-25-222, 340-25-275, 230-25-310, 340-25-420), 
effective November 4, 1993.
    (C) April 13, 1994, letter from the Director, ODEQ, to the Regional 
Administrator, EPA, submitting revisions to LRAPA, Title 47: Title 47, 
Lane Regional Air Pollution Authority, August 11, 1992, Outdoor Open 
Burning, effective January 1, 1993.
    (111) The EPA approves a revision to the State of Oregon's Air 
Quality Control Plan Volume 2 (The Federal Clean Air Act State 
Implementation Plan

[[Page 804]]

and other State Regulations), specifically a revision to Section 2.2--
Legal Authority and a revision to Chapters 468 and 468A of the Oregon 
Revised Statutes (ORS).
    (i) Incorporation by reference.
    (A) On July 29, 1992 and August 30, 1994, ODEQ submitted to EPA a 
revision to Oregon Revised Statutes (ORS), Chapter 468 (1993 Edition), 
and Chapter 468A (1993 Edition), both of which were amended and adopted 
through August 1993 and in effect on November 4, 1993; and a revised 
Section 2.2--Legal Authority, including subsections 2.2.1 through 2.2.9, 
dated and revised July 29, 1992, the date of the official attached 
transmittal letter.
    (112) On November 16, 1992, the Director for the Oregon Department 
of Environmental Quality (ODEQ) submitted the Oregon State Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program and on May 16, 1995, the Administrator for ODEQ 
submitted the Small Business Assistance Program Confidentiality Option 
as revisions to the Oregon State Implementation Plan.
    (i) Incorporation by reference.
    (A) The November 16, 1992 letter from the Director of the Oregon 
Department of Environmental Quality submitting the Small Business 
Stationary Source Technical and Environmental Compliance Assistance 
Program to EPA; The Oregon Air Quality Small Business Assistance Program 
State Implementation Plan Revision adopted on October 16, 1992, and 
evidence that the State has the necessary legal authority, Oregon 
Revised Statutes 468A.330 (Small Business Stationary Source Technical 
and Environmental Compliance Assistance Program).
    (B) The May 16, 1995 letter from the Administrator of the Oregon 
Department of Environmental Quality, Air Quality Division, submitting 
the Small Business Assistance Program confidentiality option to EPA; The 
Air Quality Guidance, Restriction of Information Obtained by the AQ 
Small Business Assistance Program adopted on May 16, 1995.
    (113) On April 14, 1995, the Oregon Department of Environmental 
Quality submitted a revision to its SIP for the State of Oregon to 
include the Transportation Conformity: OAR 340-20-710 through 340-20-
1080.
    (i) Incorporation by reference.
    (A) April 14, 1995 letter from ODEQ director Lydia Taylor to EPA 
Regional Administrator Chuck Clarke submitting a revision to the Oregon 
SIP to include the Transportation Conformity: OAR 340-20-710 through 
340-20-1080; Division 20, Air Pollution Control, Criteria and Procedures 
for Determining Conformity to State or Federal Implementation Plans of 
Transportation Plans, Programs, and Projects Funded or Approved Under 
Title 23 U.S.C. or the Federal Transit Act, effective March 29, 1995.

[37 FR 10888, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1970, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Note:  At 61 FR 24712, May 16, 1996, Sec. 52.1970 was 
amended by adding paragraph (c) (113), effective July 15, 1996.



Sec. 52.1971   Classification of regions.

    The Oregon plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Portland Interstate.......................................           I         IA       III         I          I
Southwest Oregon Intrastate...............................          II        III       III       III        III
Northwest Oregon Intrastate...............................         III        III       III       III        III
Central Oregon Intrastate.................................          II        III       III       III        III
Eastern Oregon Intrastate.................................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------

[37 FR 10888, May 31, 1972, as amended at 45 FR 42278, June 24, 1980]

[[Page 805]]



Sec. 52.1972  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Oregon's plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds that the carbon monoxide and ozone attainment 
plans satisfy all requirements of part D, title 1, of the Clean Air Act 
as amended in 1977, except as noted in the following sections. In 
addition, continued satisfaction of part D requirements for the ozone 
portion of the SIP depends on the adoption and submittal of RACT 
requirements by July 1, 1980, for the sources covered by CTGs issued 
between January 1978 and January 1979. Additional RACT requirements must 
be submitted by each subsequent January for sources covered by CTGs 
issued by the previous January. Further, new source review permits 
issued pursuant to section 173 of the Clean Air Act will not be deemed 
valid by EPA unless the provisions of Section V of the emission offset 
interpretive rule published on January 16, 1979 (44 FR 3274) are met.

[38 FR 16168, June 20, 1973, as amended at 45 FR 42278, June 24, 1980; 
47 FR 28373, June 30, 1982]
Sec. 52.1973--52.1976  [Reserved]



Sec. 52.1977  Content of approved State submitted implementation plan.

    The following sections of the State air quality control plan (as 
amended on the dates indicated) have been approved and are part of the 
current state implementation plan.

               State of Oregon Air Quality Control Program

Volume 2-The Federal Clean Air Act Implementation Plan (and Other State 
                              Regulations)

Section

                         1. Introduction (1-86)

                    2. General Administration (1-86)

    2.1 Agency Organization (1-86)
    2.2 Legal Authority (1-86)
    2.3 Resources (1-86)
    2.4 Intergovernmental Cooperation and Consultation (1-86)
    2.5 Miscellaneous Provisions (1-86)

                   3. Statewide Regulatory Provisions

    3.1 Oregon Administrative Rules-Chapter 340 (1-86)

                       Division 12-Civil Penalties

    Sec. 030 Definitions (11-8-84)
    Sec. 035 Consolidation of Proceedings (9-25-74)
    Sec. 040 Notice of Violation (12-3-85)
    Sec. 045 Mitigating and Aggravating Factors (11-8-84)
    Sec. 050 Air Quality Schedule of Civil Penalties (11-8-84)
    Sec. 070 Written Notice of Assessment of Civil Penalty; When Penalty 
Payable (9-25-74)
    Sec. 075 Compromise or Settlement of Civil Penalty by Director (11-
8-84)

     Division 14-Procedures for Issuance, Denial, Modification, and 
                     Revocation of Permits (4-15-72)

    Sec. 005 Purpose (4-15-72)
    Sec. 007 Exceptions (6-10-88)
    Sec. 010 Definitions (4-15-72), except (3) ``Director'' (6-10-88)
     Sec. 015 Type, Duration, and Termination of Permits (12-16-76)
    Sec. 020 Application for a Permit (4-15-72), except(1), (4)(b), (5) 
(6-10-88)
     Sec. 025 Issuance of a Permit (4-15-72), except(2), (3), (4), (5), 
(6) (6-10-88)
    Sec. 030 Renewal of a Permit (4-15-72)
    Sec. 035 Denial of a Permit (4-15-72)
    Sec. 040 Modification of a Permit (4-15-72)
    Sec. 045 Suspension or Revocation of a Permit (4-15-72)
    Sec. 050 Special Permits (4-15-72)

                           Division 20-General

    Sec. 001 Highest and Best Practicable Treatment and Control Required 
(3-1-72)
    Sec. 003 Exceptions (3-1-72)

                              Registration

    Sec. 005 Registration in General (9-1-70)
    Sec. 010 Registration requirements (9-1-70)
    Sec. 015 Re-registration (9-1-70)

              Notice of Construction and Approval of Plans

    Sec. 020 Requirement (9-1-70)
    Sec. 025 Scope (3-1-72)
    Sec. 030 Procedure (9-1-72), except (4)(a) Order Prohibiting 
Construction (4-14-89)
    Sec. 032 Compliance Schedules (3-1-72)

     Sampling, Testing, and Measurement of Air Contaminant Emissions

    Sec. 035 Program (9-1-70)
    Sec. 037 Stack Heights & Dispersion Techniques (5-12-86)
    Sec. 040 Methods (9-11-70)
    Sec. 045 Department Testing (9-1-70)

[[Page 806]]

    Sec. 046 Records; Maintaining and Reporting (10-1-72)
    Sec. 047 State of Oregon Clean Air Act, Implementation Plan (9-30-
85)
    Sec. 136 Owners of Gasoline at Terminals, Distributors and Retail 
Outlets Required to Have Indirect Source Operating Permits (11-1-92)

                    Air Contaminant Discharge Permits

    Sec. 140 Purpose (1-6-86)
    Sec. 145 Renumbered to OAR 340-28-110
    Sec. 150 Notice Policy (6-10-88)
    Sec. 155 Permit Required (5-31-83)
    Sec. 160 Multiple-Source Permit (1-6-76)
    Sec. 165 Fees (3-14-86)
    Sec. 170 Procedures For Obtaining Permits (1-11-74)
    Sec. 175 Other Requirements (6-29-79)
    Sec. 180 Registration Exemption (6-29-79)
    Sec. 185 Permit Program For Regional Air Pollution Authority (1-6-
76)

                          Conflict of Interest

    Sec. 200 Purpose (10-13-78)
    Sec. 205 Definitions (10-13-78)
    Sec. 210 Public Interest Representation (10-13-78)
    Sec. 215 Disclosure of Potential Conflicts of Interest (10-13-78)

                            New Source Review

    Sec. 220 Applicability (9-8-81)
    Sec. 225 Renumbered to OAR 340-28-110
    Sec. 230 Procedural Requirements (10-16-84), except (3)(d) (6-10-88)
    Sec. 235 Review of New Sources and Modifications for Compliance With 
Regulations (9-8-81)
    Sec. 240 Requirements for Sources in Nonattainment Areas (4-18-83)
    Sec. 245 Requirements for Sources in Attainment or Unclassified 
Areas (Prevention of Significant Deterioration) (10-16-85)
    Sec. 250 Exemptions (9-8-81)
    Sec. 255 Baseline for Determining Credit for Offsets (9-8-81)
    Sec. 260 Requirements for Net Air Quality Benefit (4-18-83)
    Sec. 265 Emission Reduction Credit Banking (4-18-83)
    Sec. 270 Fugitive and Secondary Emissions (9-8-81)
    Sec. 275 Repealed
    Sec. 276 Visibility Impact (10-16-85)

                       Plant Site Emission Limits

    Sec. 300 Policy (9-8-81)
    Sec. 301 Requirement for Plant Site Emission Limits (9-8-81)
    Sec. 305 Renumbered to OAR 340-28-110
    Sec. 310 Criteria for Establishing Plant Site Emission Limits (9-8-
81)
    Sec. 315 Alternative Emission Controls (9-8-81)
    Sec. 320 Temporary PSD Increment Allocation (9-8-81)

                 Stack Heights and Dispersion Techniques

    Sec. 340 Definitions (4-18-83)
    Sec. 345 Limitations (4-18-83)
    Sec. 350 Purpose and Applicability (1-2-91)
    Sec. 355 Renumbered to OAR 340-28-110
    Sec. 360 Planned Startup and Shutdown (1-2-91)
    Sec. 365 Scheduled Maintenance (1-2-91)
    Sec. 370 Upsets and Breakdowns (1-2-91)
    Sec. 375 Reporting Requirements (1-2-91)
    Sec. 380 Enforcement Action Criteria (1-2-91)

        Parking Offsets in the Portland Central Business District

    Sec. 405 Scope (12-19-90)
    Sec. 410 Definitions (12-19-90)
    Sec. 420 Requirements for Parking Offsets (12-19-90)
    Sec. 430 Overall Monitoring and Contingency Plan (12-19-90)

      Division 21-General Emission Standards for Particulate Matter

    Sec. 005 Definitions (1-16-84)
    Sec. 010 Special Control Areas (7-11-70)
    Sec. 015 Visible Air Contaminant Limitations (7-11-70)
    Sec. 020 Fuel Burning Equipment Limitations (9-1-82)
    Sec. 025 Refuse Burning Equipment Limitations (1-6-84)
    Sec. 027 Municipal Waste Incinerator in Coastal Areas (1-16-84)
    Sec. 030 Particulate Emission Limitations for Sources Other Than 
Fuel Burning and Refuse Burning Equipment (3-1-72)

              Particulate Emissions From Process Equipment

    Sec. 035 Applicability (3-1-72)
    Sec. 040 Emission Standard (3-1-72)
    Sec. 045 Determination of Process Weight (3-1-72)

                           Fugitive Emissions

    Sec. 050 Definitions (3-1-72)
    Sec. 055 Applicability (3-1-72)
    Sec. 060 Requirements (3-1-72)

                            Upset Conditions

    Sec. 070 Repealed
    Sec. 075 Repealed

    Industrial Contingency Requirements for PM-10 Nonattainment Areas

    Sec. 200 Purpose (11-13-91)
    Sec. 205 Relation to Other Rules (11-13-91)
    Sec. 210 Applicability (11-13-91)
    Sec. 215 Definitions (11-13-91)
    Sec. 220 Compliance Schedule for Existing Sources (11-13-91)

[[Page 807]]

    Sec. 225 Wood-Waste Boilers (11-13-91)
    Sec. 230 Wood Particulate Dryers at Particleboard Plants (11-13-91)
    Sec. 235 Hardboard Manufacturing Plants (11-13-91)
    Sec. 240 Air Conveying Systems (11-13-91)
    Sec. 245 Fugitive Emissions (11-13-91)

      Division 22-General Gaseous Emissions Sulfur Content of Fuels

    Sec. 005 Definitions (3-1-72)
    Sec. 010 Residual Fuel Oils (8-25-77)
    Sec. 015 Distillate Fuel Oils (3-1-72)
    Sec. 020 Coal (1-29-82)
    Sec. 025 Exemptions (3-1-72)

              General Emission Standards for Sulfur Dioxide

    Sec. 050 Definitions (3-1-72)
    Sec. 055 Fuel Burning Equipment (3-1-72)
    Sec. 300 Reid Vapor Pressure for Gasoline, except that in Paragraph 
(6) only sampling procedures and test methods specified in 40 CFR part 
80 are approved (6-15-89)

        Motor Vehicle Fuel Specifications for Oxygenated Gasoline

     Sec. 440 Policy (11-1-92)
    Sec. 450 Definitions (11-1-92)
     Sec. 460 Purpose and General Requirements (11-1-92)
    Sec. 470 Control Areas (11-1-92)
    Sec. 480 Average Oxygen Content Standard (11-1-92)
    Sec. 490 Sampling, Testing and Oxygen Content (11-1-92)
    Sec. 500 Alternative Compliance Options (11-1-92)
    Sec. 510 Minimum Oxygen Content (11-1-92)
    Sec. 520 Oxygenated Gasoline Blending (11-1-92)
    Sec. 530 Registration (11-1-92)
    Sec. 540 CAR, Distributor and Retail Outlet Operating Permits (11-1-
92)
    Sec. 550 Recordkeeping (11-1-92)
    Sec. 560 Reporting (11-1-92)
    Sec. 570 Prohibited Activities (11-1-92)
    Sec. 580 Inspection and Sampling (11-1-92)
    Sec. 590 Liability For Violation of a Prohibited Activity (11-1-92)
    Sec. 600 Defenses For Prohibited Activities (11-1-92)
    Sec. 610 Inability to Product Conforming Gasoline Due to 
Extraordinary Circumstances (11-1-92)
    Sec. 620 Quality Assurance Program (11-1-92)
    Sec. 630 Attest Engagements Guidelines When Prohibited Activities 
Alleged (11-1-92)
    Sec. 640 Dispenser Labeling (11-1-92)

                   Division 23-Rules for Open Burning

    Sec. 022 How to Use These Open Burning Rules (9-8-81)
    Sec. 025 Policy (9-8-81)
    Sec. 030 Definitions (6-16-84) (15) ``Disease and Pest Control'' 
(11-13-91)
    Sec. 035 Exemptions, Statewide (6-16-84)
    Sec. 040 General Requirements Statewide (9-8-81)
    Sec. 042 General Prohibitions Statewide (6-16-84)
    Sec. 043 Open Burning Schedule (11-13-91)
    Sec. 045 County Listing of Specific Open Burning Rules (9-8-81)

                        Open Burning Prohibitions

    Sec. 055 Baker, Clatsop, Crook, Curry, Deschutes, Gilliam, Grant, 
Harney, Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur, Morrow, 
Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler Counties 
(9-8-81)
    Sec. 060 Benton, Linn, Marion, Polk, and Yamhill Counties (6-16-84)
     Sec. 065 Clackamas County (6-16-84)
    Sec. 070 Multnomah County (6-16-84)
    Sec. 075 Washington County (6-16-84)
     Sec. 080 Columbia County (9-8-81)
    Sec. 085 Lane County (6-16-84)
     Sec. 090 Coos, Douglas, Jackson and Josephine Counties (11-13-91)
     Sec. 100 Letter Permits (6-16-84)
    Sec. 105 Forced Air Pit Incinerators (9-8-81)
    Sec. 110 Records and Reports (9-8-81)
    Sec. 115 Open Burning Control Areas (6-16-84)

  Division 24-Motor Vehicles Motor Vehicle Emission Control Inspection 
                  Test Criteria, Methods and Standards

    Sec. 300 Scope (4-1-85)
    Sec. 301 Boundary Designations (9-12-88)
    Sec. 305 Definitions (4-1-85)
    Sec. 306 Publicly Owned and Permanent Fleet Vehicle Testing 
Requirements (12-31-83)
    Sec. 307 Motor Vehicle Inspection Program Fee Schedule (8-1-81)
    Sec. 310 Light Duty Motor Vehicle Emission Control Test Method (9-
12-88)
    Sec. 315 Heavy Duty Gasoline Motor Vehicle Emission Control Test 
Method (12-31-83)
    Sec. 320 Light Duty Motor Vehicle Emission Control Test Criteria (9-
12-88)
    Sec. 325 Heavy Duty Gasoline Motor Vehicle Emission Control Test 
Criteria (9-12-88)
    Sec. 330 Light Duty Motor Vehicle Emission Control Cutpoints or 
Standards (8-1-81) Subpart (3) (9-12-86)
    Sec. 335 Heavy Duty Gasoline Motor Vehicle EmissionControl Emission 
Standards (9-12-86)
    Sec. 340 Criteria for Qualifications of Persons Eligible to Inspect 
Motor Vehicles and Motor Vehicle Pollution Control Systems and Execute 
Certificates (12-31-83)

[[Page 808]]

    Sec. 350 Gas Analytical System Licensing Criteria (9-12-88)

Division 25--Specific Industrial Standards Construction and Operation of 
                          Wigwam Waste Burners

    Sec. 005  Definitions (3-10-93)
    Sec. 010  Statement of Policy (3-10-93)
    Sec. 015  Authorization to Operate a Wigwam Burner (3-10-93)
    Sec. 020  Emission and Operation Standards for Wigwam Waste Burners 
(3-10-93)
    Sec. 025  Monitoring and Reporting (3-10-93)

                         Hot Mix Asphalt Plants

    Sec. 105  Definitions (3-10-93)
    Sec. 110  Control Facilities Required (3-10-93)
    Sec. 115  Other Established Air Quality Limitations (3-10-93)
    Sec. 120  Portable Hot Mix Asphalt Plants (3-10-93)
    Sec. 125  Ancillary Sources of Emission--Housekeeping of Plant 
Facilities (3-10-93)

                            Kraft Pulp Mills

    Sec. 150  Definitions--excluding any reference to TRS (3-10-93)
    Sec. 155  Statement of Policy (3-10-93)
    Sec. 160  Repealed
    Sec. 165  Emission Limitations--excluding any reference to TRS (3-
10-93)
    Sec. 170  More Restrictive Emission Limits (3-10-93)
    Sec. 175  Plans and Specifications (3-10-93)
    Sec. 180  Monitoring--excluding any reference to TRS (3-10-93)
    Sec. 185  Reporting--excluding any reference to TRS (3-10-93)
    Sec. 190  Upset Conditions--excluding any reference to TRS (3-10-93)
    Sec. 195  Repealed
    Sec. 205  Chronic Upset Conditions (1-24-90)

             Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills

    Sec. 220  Definitions (3-10-93)
    Sec. 222  Repealed
    Sec. 224  Emission Limitations--excluding any reference to TRS (3-
10-93)
    Sec. 226  More Restrictive Emission Limits--excluding any reference 
to TRS (3-10-93)
    Sec. 228  Plans and Specifications (3-10-93)
    Sec. 230  Monitoring--excluding any reference to TRS (3-10-93)
    Sec. 232  Reporting--excluding any reference to TRS (3-10-93)
    Sec. 234  Upset Conditions--excluding any reference to TRS (3-10-93)

                         Primary Aluminum Plants

    Sec. 255  Statement of Purpose (3-10-93)
    Sec. 260  Definitions (3-10-93)
    Sec. 265  Emission Standards (3-10-93)
    Sec. 270  Special Problem Areas (3-10-93)
    Sec. 275  Repealed
    Sec. 280  Monitoring (3-10-93)
    Sec. 285  Reporting (3-10-93)

                      Specific Industrial Standards

    Sec. 305  Definitions (3-10-93)
    Sec. 310  General Provisions (11-4-93)
    Sec. 315  Veneer and Plywood Manufacturing Operations (3-10-93)
    Sec. 320  Particleboard Manufacturing Operations (3-10-93)
    Sec. 325  Hardboard Manufacturing Operations (3-10-93)

                   Regulations for Sulfite Pulp Mills

    Sec. 350  Definitions (3-10-93)
    Sec. 355  Statement of Purpose (3-10-93)
    Sec. 360  Minimum Emission Standards (3-10-93)
    Sec. 365  Repealed
    Sec. 370  Monitoring and Reporting (3-10-93)
    Sec. 375  Repealed
    Sec. 380  Exceptions (3-10-93)

                 Laterite Ore Production of Ferronickel

    Sec. 405  Statement of Purpose (3-10-93)
    Sec. 410  Definitions (3-10-93)
    Sec. 415  Emission Standards (3-10-93)
    Sec. 420  Repealed
    Sec. 425  Repealed
    Sec. 430  Monitoring and Reporting (3-10-93)

      Division 26-Rules for Open Field Burning (Willamette Valley)

     Sec. 001 Introduction (7-3-84)
    Sec. 003 Policy (3-7-84)
    Sec. 005 Definitions (3-7-84)
    Sec. 010 General Requirement (3-7-84)
    Sec. 011 Repealed
    Sec. 012 Registration, Permits, Fees, Records (3-7-84)
    Sec. 013 Acreage Limitations, Allocations (3-7-84)
    Sec. 015 Daily Burning Authorization Criteria (3-7-84)
    Sec. 020 Repealed
    Sec. 025 Civil Penalties (3-7-84)
    Sec. 030 Repealed
    Sec. 031 Burning by Public Agencies (Training Fires) (3-7-84)
    Sec. 035 Experimental Burning (3-7-84)
    Sec. 040 Emergency Burning, Cessation (3-7-84)
    Sec. 045 Approved Alternative Methods of Burning (PropaneFlaming) 
(3-7-84)

                  Division 27-Air Pollution Emergencies

    Sec. 005 Introduction (5-20-88)
    Sec. 010 Episode State Criteria for Air Pollution Emergencies (5-20-
88)
    Sec. 012 Special Conditions (5-20-88)

[[Page 809]]

    Sec. 015 Source Emission Reduction Plans (10-24-83)
    Sec. 020 Repealed
    Sec. 025 Regional Air Pollution Authorities (10-24-83)
    Sec. 035 Operation and Maintenance Manual (10-24-83)

   Division 28-Stationary Source Air Pollution Control and Permitting 
                               Procedures

    Sec. 110 Definitions (11-4-93)
    Sec. 1500 Purpose and Applicability (11-4-93)
    Sec. 1510 Requirements (11-4-93)
    Sec. 1520 Submission of Emission Statement (9-24-93)

Division 30-Specific Air Pollution Control Rules for the Medford-Ashland 
                      Air Quality Maintenance Area

    Sec. 005 Purposes and Application (11-13-91)
    Sec. 010 Definitions (11-13-91)
    Sec 012 Application (11-13-91)
    Sec. 015 Wood Waste Boilers (11-13-91) except (3)(c)
    Sec. 021 Veneer Dryer Emission Limitations (11-13-91)
    Sec. 025 Air Conveying Systems (9-7-89)
    Sec. 030 Wood Particle Dryers at Particleboard Plants (11-13-91)
    Sec. 031 Hardwood Manufacturing Plants (5-6-81)
    Sec. 035 Wigwam Waste Burners (10-29-80)
    Sec. 040 Charcoal Producing Plants (9-7-89)
    Sec. 043 Control of Fugitive Emissions (Medford-Ashland Only) (11-
13-91)
    Sec. 044 Requirement for Operation and Maintenance Plans (Medford-
Ashland Only) (11-13-91)
    Sec. 045 Repealed
    Sec. 046 Emission Limits Compliance Schedules (11-13-91)
    Sec. 050 Continuous Monitoring (11-13-91)
    Sec. 055 Source Testing (11-13-91)
    Sec. 060 Repealed
    Sec. 065 New Sources (11-13-91)
    Sec. 070 Open Burning (4-7-78)
    Sec. 115 Dual Fuel Feasibility Study for Wood-Waste Boilers (11-13-
91)
    Sec. 200 Application (11-13-91)
    Sec. 205 Compliance Schedule for Existing Sources (11-13-91)
    Sec. 210 Woodwaste Boilers (11-13-91)
    Sec. 215 Wood Particle Dryers At Particleboard Plants (11-13-91)
    Sec. 220 Hardboard Manufacturing Plants (11-13-91)
    Sec. 225 Air Conveying Systems (11-13-91)
    Sec. 230 Fugitive Emissions (11-13-91)

                Division 31-Ambient Air Quality Standards

    Sec. 005 Definitions (3-1-72)
    Sec. 010 Purpose and Scope of Ambient Air Quality Standards (3-1-72)
    Sec. 015 Suspended Particulate Matter (3-1-72)
    Sec. 020 Sulfur Dioxide (3-12-72)
    Sec. 025 Carbon Monoxide (3-1-72)
    Sec. 030 Ozone (1-29-82)
    Sec. 035 Hydrocarbons (3-1-72)
    Sec. 040 Nitrogen Dioxide (3-1-72)
    Sec. 045 Repealed
    Sec. 050 Repealed
    Sec. 055 Ambient Air Quality Standard for Lead (1-21-83)

                 Prevention of Significant Deterioration

    Sec. 100 General (6-22-79)
    Sec. 110 Ambient Air Increments (6-22-79)
     Sec. 115 Ambient Air Ceilings (6-22-79)
    Sec. 120 Restrictions on Area Classifications (6-22-79)
    Sec. 125 Repealed
    Sec. 130 Redesignation (6-22-79)

                  Division 34-Residential Wood Heating

    Sec. 001 Purpose (11-13-91)
    Sec. 005 Definitions (1-3-94)
    Sec. 010 Requirements for Sale of Woodstoves (1-3-94)
    Sec. 015 Exemptions (1-3-94)
    Sec. 020 Civil Penalties (11-13-91)

                     Woodstove Certification Program

    Sec. 045 Applicability (1-3-94)
    Sec. 050 Emission Performance Standards & Certification (1-3-94)
    Sec. 055 Repealed
    Sec. 060 General Certification Procedures (1-3-94)
    Sec. 065 Repealed
    Sec. 070 Labelling Requirements (1-3-94)
    Sec. 075 Repealed
    Sec. 080 Repealed
    Sec. 085 Repealed
    Sec. 090 Repealed
    Sec. 095 Repealed
    Sec. 100 Repealed
    Sec. 105 Repealed
    Sec. 110 Repealed
    Sec. 115 Repealed

                         Woodburning Curtailment

    Sec. 150 Applicability (11-13-91)
    Sec. 155 Determination of Air Stagnation Conditions (11-13-91)
    Sec. 160 Prohibition on Woodburning During Periods of Air Stagnation 
(11-13-91)
    Sec. 165 Public Information Program (11-13-91)
    Sec. 170 Enforcement (11-13-91)
    Sec. 175 Suspension of Department Program (11-13-91)

   Woodstove Removal Contingency Program for PM-10 Nonattainment Areas

    Sec. 200 Applicability (11-13-91)
    Sec. 205 Removal and Destruction of Uncertified Stove Upon Sale of 
Home (11-13-91)
    Sec. 210 Home Seller's Responsibility to Verify Stove Destruction 
(11-13-91)

[[Page 810]]

    Sec. 215 Home Seller's Responsibility to Disclose (11-13-91)

          3.2 Lane Regional Air Pollution Authority Regulations

                 Title 11 Policy and General Provisions

    11-005 Policy (10-9-79)
    11-010 Construction and Validity (10-9-79)

        Title 12 General Duties and Powers of Board and Director

    12-005 Authority of the Agency (11-8-83)
    12-010 Duties and Powers of the Board of Directors (11-8-83)
    12-020 Duties and Function of the Director (11-8-83)
    12-025 Conflict of Interest (9-9-88)
    12-035 Public Records and Confidential Information (11-8-83)

                     Title 12 Definitions (2-13-90)

                     Title 14 Definitions (7-12-88)

           Title 15 Enforcement Procedure and Civil Penalties

    15-001 Policy (2-13-90)
    15-005 Definitions (2-13-90)
    15-010 Consolidation of Proceedings (2-13-90)
    15-015 Notice of Violation (2-13-90)
    15-020 Enforcement Actions (2-13-90)
    15-025 Civil Penalty Schedule Matrices (2-13-90)
    15-030 Civil Penalty Determination Procedure (Mitigating and 
Aggravating Factors) (2-13-90)
    15-035 Written Notice of Assessment of Civil Penalty-When Penalty 
Payable (2-13-90)
    15-040 Compromise or Settlement of Civil Penalty by Director (2-13-
90)
    15-045 Stipulated Penalties (2-13-90)
    15-050 Air Quality Classification of Violation (2-13-90)
    15-055 Scope of Applicability (2-13-90)
    15-060 Appeals (2-13-90)

                       Title 32 Emission Standards

    32-005 General (9-14-82)
    32-010 Restriction on Emission of Visible Air Contaminants; 
Including Veneer Dryers (9-14-82)
    32-025 Exceptions-Visible Air Contaminant Standards (9-14-82)
    32-030 Particulate Matter Weight Standards (9-14-82)
    32-035 Particulate Matter Weight Standards-Existing Sources (9-14-
82)
    32-040 Particulate Matter Weight Standards-New Sources (9-14-82)
    32-045 Process Weight Emission Limitations (9-14-82)
    32-055 Particulate Matter Size Standard (9-14-82)
    32-060 Airborne Particulate Matter (9-14-82)
    32-065 Sulfur Dioxide Emission Limitations (9-14-82)
    32-100 Plant Site Emission Limits Policy (9-14-82)
    32-101 Requirement for Plant Site Emission Limits (9-14-82)
    32-102 Criteria for Establishing Plant Site Emission Limits (9-14-
82)
    32-103 Alternative Emission Controls (Bubble) (9-14-82)
    32-104 Temporary PSD Increment Allocation (11-8-83)
    32-800 Air Conveying Systems (1-8-85)
    32-990 Other Emissions (11-8-83)

      Title 33 Prohibited Practices and Control of Special Classes

    33-020 Incinerator and Refuse Burning Equipment (5-15-79)
    33-025 Wigwam Waste Burners (5-15-79)
    33-030 Concealment and Masking of Emissions (5-15-79)
    33-045 Gasoline Tanks (5-15-79)
    33-055 Sulfur Content of Fuels (5-15-79)
    33-060 Board Products Industries (5-15-79)
    33-065 Charcoal Producing Plants (5-15-79)
    33-070 Kraft Pulp Mills (9-14-82)

               Title 34 Air Contaminant Discharge Permits

    34-001 General Policy and Discussion (1-9-90)
    34-005 Definitions (2-13-90)
    34-010 General Procedures for Obtaining Permits (1-9-90)
    34-015 Special Discharge Permit Categories (1-9-90)
    34-020 Discharge Permit Duration (1-9-90)
    34-025 Discharge Permit Fees (1-9-90)
    34-030 Source Emission Tests (1-9-90)
    34-035 Upset Conditions (1-9-90)
    34-040 Records (1-9-90)
    34-045 General Procedures for Registration (1-9-90)
    34-050 Compliance Schedules for Existing Sources Affected by New 
Rules (1-9-90)

                       Title 38 New Source Review

    38-001 General Applicability (2-13-90)
    38-005 Definitions (2-13-90)
    38-010 General Requirements for Major Sources and Major 
Modifications (2-13-90)
    38-015 Additional Requirements for Major Sources or Major 
Modifications Located in Nonattainment Areas (2-13-90)
    38-020 Additional Requirements for Major Sources or Major 
Modifications in Attainment or Unclassified Areas (Prevention of 
Significant Deterioration) (2-13-90)
    38-025 Exemptions for Major Sources and Major Modifications (2-13-
90)
    38-030 Baseline for Determining Credits for Offsets (2-13-90)

[[Page 811]]

    38-035 Requirements for Net Air Quality Benefit for Major Sources 
and Major Modifications (2-13-90)
    38-040 Emission Reduction Credit Banking (2-13-90)
    38-045 Requirements for Non-Major Sources and Non-Major 
Modifications (2-13-90)
    38-050 Stack Height and Dispersion Techniques (2-13-90)

                 Title 47 Rules for Open Outdoor Burning

    47-001  General Policy (8-14-84)
    47-005  Statutory Exemptions from These Rules (8-14-84)
    47-010  Definitions (9-8-92)
    47-015  Open Burning Requirements (9-8-92)
    47-020  Letter Permits (9-8-92)
    47-025  Repealed
    47-030  Summary of Seasons, Areas, and Permit Requirements for Open 
Outdoor Burning (9-8-92)

                     Title 50 Ambient Air Standards

    50-005 General (7-12-88)
    50-015 Suspended Particulate Matter (7-12-88)
    50-025 Sulfur Dioxide (7-12-88)
    50-030 Carbon Monoxide (7-12-88)
    50-035 Ozone (7-12-88)
    50-040 Nitrogen Dioxide (7-12-88)
    50-045 Lead (7-12-88)

                   Title 51 Air Pollution Emergencies

    51-005 Introduction (7-12-88)
    51-010 Episode Criteria (7-12-88)
    51-015 Emission Reduction Plans (7-12-88)
    51-020 Preplanned Abatement Strategies (7-12-88)
    51-025 Implementation (7-12-88)

 3.3 OAR Chapter 629-43-043 Smoke Management Plan Administrative Rules 
                               (12-12-86)

          4. Control Strategies for Nonattainment Areas (1-86)

    4.1 Portland-Vancouver AQMA-Total Suspended Particulate (12-19-80)
    4.2 Portland-Vancouver AQMA-Carbon Monoxide (7-16-82)
    4.3 Portland-Vancouver AQMA-Ozone (7-16-82)
    4.4 Salem Nonattainment Area-Carbon Monoxide (7-79)
    4.5 Salem Nonattainment Area-Ozone (9-19-80)
    4.6 Eugene-Springfield AQMA-Total Suspended Particulate (1-30-81)
    4.7 Eugene-Springfield AQMA-Carbon Monoxide (6-20-79)
    4.8 Medford-Ashland AQMA-Ozone (1-85)
    4.9 Medford-Ashland AQMA-Carbon Monoxide (8-82)
    4.10 Medford-Ashland AQMA-Particulate Matter (4-83)
    4.11 Grants Pass Nonattainment-Carbon Monoxide (10-84)

   5. Control Strategies for Attainment and Nonattainment Areas (1-86)

    5.1 Statewide Control Strategies for Lead (1-83)
    5.2 Visibility Protection Plan (10-24-86)
    5.3 Prevention of Significant Deterioration (1-86)

                6. Ambient Air Quality Monitoring Program

    6.1 Air Monitoring Network (1-86)
    6.2 Data Handling and Analysis Procedures (1-86)
    6.3 Episode Monitoring (1-86)

                     7. Emergency Action Plan (1-86)

                      8. Public Involvement (1-86)

                 9. Plan Revisions and Reporting (1-86)

                          Volume 3--Appendices

     Statewide Regulatory Provisions and Administration (Appendix A)

Directive 1-4-1-601 Operational Guidance for the Oregon SmokeManagement 
          Program/Slash Burning Smoke Management Plan (App. A1)
Field Burning Smoke Management Plan (App. A2)
Interagency Memoranda of Understanding Lead Agency Designations (App. 
          A3)
Source Sampling Manual (App. A4)
Air Quality Monitoring Quality Assurance Procedures Manual (App. A5)
Continuous Monitoring Manual (App. A6)

         Control Strategies for Nonattainment Areas (Appendix B)

                    Portland-Vancouver AQMA (App. B1)

Legal Definition of TSP Nonattainment Area Boundaries (App. B1-1)
Carbon Monoxide Monitoring Program (App. B1-2)
Carbon Monoxide Emission Inventories (App. B1-3)
Volatile Organic Compound Emission Inventories (App. B1-4)
Input Factors Used to Develop Motor Vehicle EI's (App. B1-5)

                   Salem Nonattainment Area (App. B2)

Study Area (App. B2-1)
Emission Inventories (App. B2-2)
Existing Programs and Plans (App. B2-3)
Carbon Monoxide Analysis (App. B2-4)

                    Eugene-Springfield AQMA (App. B3)

Unpaved Road Dust Inventory (App. B3-1)
Phase II Work Plans (App. B3-2)

[[Page 812]]

                     Medford-Ashland AQMA (App. B4)

Legal Description of the Medford-Ashland AQMA (App. B4-1)
Documentation of Ozone Standard Attainment Projection (App. B4-2)
Air Quality Work Plan (App. B4-3)
Volatile Organic Compound Emissions Inventory (App. B4-4)
Carbon Monoxide Emission Inventory (App. B4-5)
Reasonably Available Transportation Measures (App. B4-6)
Description of the Projected TSP Nonattainment Area (App. B4-7)
Attainment Dates for Newly Designated Nonattainment Areas (App. B4-8)

                Statewide Control Strategies (Appendix C)

Lead (App. C1)
Lead Emission Inventories for Portland-Vancouver AQMA (App. C1-1)

[59 FR 25334, May 16, 1994, as amended at 60 FR 2692, Jan. 11, 1995]
Secs. 52.1978--52.1981  [Reserved]



Sec. 52.1982  Control strategy: Ozone.

    (a) Part D--Approval. (1) The Salem/ Portland and Medford/Ashland 
area attainment plans are approved as satisfying Part D requirements 
with the following clarification as to their implementation:
    (i) DEQ source test method 24 will be used in conjunction with 
method 25 for determining compliance of surface coating operations.
    (ii) The phrase ``in most cases'' in rule OAR 340-22-107(1) applies 
to approximately 1,200 gasoline service stations where compliance is 
determined by observing whether specific emission control equipment, 
selected from a specific list on file at DEQ, is in place and operating 
properly.

[46 FR 54940, Nov. 5, 1981]
Secs. 52.1983--52.1984  [Reserved]



Sec. 52.1985  Rules and regulations.

    (a) Part D--Approval. The Oregon VOC regulations (OAR 340-22-100 
through 220) covering Groups I and II Control Technique Guidelines are 
approved with the following clarifications:
    (1) The paper coating rule is RACT. Due to enforceability questions 
introduced by the last sentence of OAR 340-22-170(5) EPA is approving 
this rule with the exception of the last sentence.
    (2) EPA approval of OAR 340-22-170(5) is with the understanding that 
DEQ source test method 24 will be used to determine compliance.
    (3) EPA approval of OAR 340-22-170(5) is with the understanding that 
compliance determinations will be based on methods approved as part of 
the SIP.

[46 FR 54940, Nov. 5, 1981, as amended at 47 FR 10534, Mar. 11, 1982; 52 
FR 32012, Aug. 25, 1987; 54 FR 8539, Mar. 1, 1989]
Sec. 52.1986  [Reserved]



Sec. 52.1987  Significant deterioration of air quality.

    (a) The Oregon Department of Environmental Quality rules for 
prevention of significant deterioration of air quality (OAR 340-20-220 
through 270; OAR 340-20-340 and 345; and OAR 340-31-100, 105 subsections 
(12), (15) and (16), 110, 115, 120 and 130) are approved as meeting the 
requirements of part C.
    (b) The Lane Regional Air Pollution Authority rules for permitting 
new and modified major stationary sources (Title 38 New Source Review) 
are approved, in conjunction with the Oregon Department of Environmental 
Quality rules, in order for the Lane Regional Air Pollution Authority to 
issue prevention of significant deterioration permits within Lane 
County.
    (c) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for Indian reservations since the plan does not include 
approvable procedures for preventing the significant deterioration of 
air quality on Indian reservations and, therefore, the provisions of 
Sec. 52.21 (b) through (w) are hereby incorporated and made part of the 
applicable plan for Indian reservations in the State of Oregon.

[58 FR 47391, Sept. 9, 1993]



Sec. 52.1988  Air contaminant discharge permits.

    (a) Emission limitations and other provisions contained in Air 
Contaminant Discharge Permits issued by the State in accordance with the 
provisions of the federally-approved Air Contaminant Discharge Permit 
Rules (OAR 340-20-140 through 185), New Source Review Rules (OAR 340-20-
220

[[Page 813]]

through 276), Stack Heights and Dispersion Techniques Rules (OAR 340-20-
37), and Plant Site Emission Limit Rules (OAR 340-20-300 through 320), 
except Alternative Emission Limits (Bubble) for sulfur dioxide or total 
suspended particulates which involve trades were the sum of the 
increases in emissions exceeds 100 tons per year, shall be the 
applicable requirements of the federally-approved Oregon SIP (in lieu of 
any other provisions) for the purposes of section 113 of the Clean Air 
Act and shall be enforceable by EPA and by any person in the same manner 
as other requirements of the SIP.
    (b) Emission limitations and other provisions contained in Air 
Contaminant Discharge Permits issued by the Lane Regional Air Pollution 
Authority in accordance with the provisions of the federally-approved 
Air Contaminant Discharge Permits rule (Title 34) and Plant Site 
Emission Limit rules (Title 32, Section 32-100 through 104) and in 
conjunction with the federally-approved Oregon Department of 
Environmental Quality rules, except alternative emission limits 
(bubbles) for sulfur dioxide or total suspended particulates which 
involve trades where the sum of the increases in emissions exceeds 100 
tons per year, shall be the applicable requirements of the federally-
approved Oregon SIP (in lieu of any other provisions) for the purposes 
of section 113 of the Clean Air Act and shall be enforceable by EPA and 
by any person in the same manner as other requirements of the SIP.

[49 FR 36844, Sept. 20, 1984, as amended at 53 FR 1020, Jan. 15, 1988; 
58 FR 47391, Sept. 9, 1993]



                        Subpart NN--Pennsylvania



Sec. 52.2020  Identification of plan.

    (a) Title of plan: ``Pennsylvania's Implementation Plan.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Regulations 121, 123, 127, 129, 131, 135, 137, 139, and 141 of 
the Pennsylvania Code of Regulations submitted March 17, 1972, by the 
Pennsylvania Department of Environmental Resources.
    (2) Air Quality Data for three additional months regarding Reading 
Air Basin SO2 strategy submitted March 27, 1972, by the 
Pennsylvania Department of Environmental Resources.
    (3) Miscellaneous non-regulatory additions and clarifications to the 
plan submitted on May 4, 1972, by the Pennsylvania Department of 
Environmental Resources.
    (4) ``An Implementation Plan for the Attainment and Maintenance of 
the National Ambient Air Quality Standards for Allegheny County, 
Commonwealth of Pennsylvania, 1980'', and Article XX (which replaces 
Article XVIII), which were submitted on December 24, 1980.
    (5) Non-regulatory additions to plan regarding Allegheny County 
Source Surveillance regulations submitted on June 20, 1972, by the 
Pennsylvania Department of Environmental Resources.
    (6) Miscellaneous non-regulatory additions to the plan submitted 
August 14, 1972, by the Pennsylvania Department of Environmental 
Resources.
    (7) Revision to Philadelphia Air Management Services regulations 
submitted November 3, 1972, by the Governor.
    (8) Revision to compliance schedules for Clairton Coke Works in 
Allegheny County submitted December 14, 1972, by the Governor.
    (9) Transportation Control Plan for Southwest Pennsylvania and 
Metropolitan Philadelphia AQCR's submitted April 13, 1973, by the 
Governor.
    (10) [Reserved]
    (11) Amendments to Philadelphia Air Management Services regulation 
number 3 submitted April 15, 1974, by the Governor.
    (12) Amendments to Philadelphia Air Management Services regulations 
numbers 1, 2 and 11 submitted May 28, 1974, by the Governor.
    (13) Process factor for glass production furnaces submitted on 
December 26, 1974, by the Pennsylvania Department of Environmental 
Resources.
    (14) Amendments to Chapters 123 (section 123.24) and 139 (section 
139.13), controlling zinc smelter operations; submitted on August 7, 
1975 by the Pennsylvania Department of Environmental Resources.
    (15) A revision submitted by the Commonwealth of Pennsylvania on 
August

[[Page 814]]

11, 1976 amending Title 3 of the Philadelphia Code, Subsection 3-103, 
Enforcement; Subsection 3-301, Powers and Duties of the Department of 
Public Health; and Subsection 3-305 Orders.
    (16) Revisions submitted by the Commonwealth of Pennsylvania on 
December 11, 1972 amending regulations for the powers and duties of the 
Department of Environmental Resources, the Environmental Quality Board 
and the Environmental Hearing Board.
    (17) Amendment to Article XVIII, Rules and Regulations of the 
Allegheny County Health Department, Sections 1800 (Definitions) and 1813 
(Air Pollution Emergency Episode Regulations). These amendments were 
submitted on May 15, 1978 by the Department of Environmental Resources.
    (18) Amendments to Title 3, Section 3-207 (Sale of Fuel Oil) of the 
Philadelphia Code pertaining to Philadelphia County and to Title 25, 
Part I, Subpart C, Article III, Chapter 121 (Definitions) and Chapter 
123 (Standards for Contaminants, Sulfur Compound Emissions) of the 
Pennsylvania Code pertaining to Bucks, Chester, Delaware, and Montgomery 
Counties submitted on July 31, 1978 by the Governor.
    (19) Amendments to Chapters 121 (Sec. 121.1), 123 (Secs. 123.1, 
123.13, 123.44), 127 (Secs. 127.41 through 127.52, inclusive), 129 
(Secs. 129.15 and 129.16), and 139 (Secs. 139.51, 139.52, 139.53 and 
139.61), dealing with the control of coke oven battery operations; 
submitted on June 30, 1978 by the Pennsylvania Department of 
Environmental Resources.
    (20) Amendments to Chapters 121 (Sec. 121.1), 123 (Secs. 123.22(b) 
and 123.45), and 139 (Secs. 139.3, 139.4, 139.13, 139.16, 139.101, 
139.102, 139.103, 139.104 and 139.105), dealing with sulfur dioxide 
emissions from fuel-burning installations, only as they apply to sources 
in the Erie air basin; submitted on April 24, 1979 by Governor 
Thornburgh.
    (21) A revision submitted by the Commonwealth of Pennsylvania on 
September 20, 1978 to clarify terms and intent of Chapter 121 (relating 
to general provisions), Chapter 123 (relating to standards for 
contaminants) and Chapter 129 (relating to standards for sources).
    (22) The ``1979 State Implementation Plan (SIP) Submission for the 
Attainment of the Photochemical Oxidant Standard in Pennsylvania'' and 
``Regulations for Volatile Organic Compounds'' amending Chapters 121, 
129, and 139 of the Pennsylvania Code submitted on April 24, 1979, by 
the Governor.
    (23) Transportation elements of the SIP for Philadelphia, 
Pittsburgh, Allentown-Bethlehem-Easton, and Scranton areas and 
commitment to implement vehicle inspection and maintenance in Lehigh and 
Northampton Counties submitted on June 7, 1979, by the Governor.
    (24) Transportation element of the SIP for the Wilkes-Barre area 
submitted on June 8, 1979, by the Secretary of the Pennsylvania 
Department of Environmental Resources.
    (25) Total Suspended Particulate, State Implementation Plan for 
Pennsylvania, submitted on June 12, 1979, by the Secretary of the 
Pennsylvania Department of Environmental Resources.
    (26) Special Permit Requirements for Sources Locating in or 
Significantly Impacting Nonattainment Areas and a revision of Sampling 
and Testing methods for total suspended particulate amending Chapters 
121, 127, and 139 of the Pennsylvania Code submitted on June 12, 1979, 
by the Secretary of the Pennsylvania Department of Environmental 
Resources.
    (27) Transportation element for the Harrisburg area submitted on 
June 13, 1979, by the Secretary of the Pennsylvania Department of 
Environmental Resources.
    (28) Allegheny County Volatile Organic Compound Regulations amending 
Chapters I, II, and V of Allegheny County Regulations submitted on June 
13, 1979, by the Secretary of the Pennsylvania Department of 
Environmental Resources.
    (29) Documentation of the status of transportation/air quality 
measures in a letter of August 20, 1979 from the Lackawanna County 
Planning Commission.
    (30) Information from the Southwestern Pennsylvania Regional 
Planning Commission of September 17, 1979 on the calculation of emission 
estimates and the status of certain transportation measures.

[[Page 815]]

    (31) Reclassification of several transportation measures in the 
transportation/air quality study for the Allentown-Bethlehem-Easton 
area, submitted by the Commonwealth on November 19, 1979.
    (32) Substantiation of TSP planning and attainment schedules 
submitted by the Commonwealth on November 28, 1979.
    (33) A revision submitted by the Commonwealth of Pennsylvania on 
August 11, 1976 consisting of an amendment to the Pennsylvania Air 
Resources Regulations, Chapter 129, Standards for Sources, which relates 
to open burning.
    (34) A revision was submitted by the Commonwealth of Pennsylvania on 
January 25, 1980, which is intended to establish an Ambient Air Quality 
Monitoring Network for the Commonwealth of Pennsylvania and the City of 
Philadelphia.
    (35) Amendments to the Pennsylvania Air Resources Regulations, 
consisting of the addition of regulations for alternative emission 
reduction limitations (Sections 128.11 through 128.13 for Andre 
Greenhouses, Inc., and Section 128.14 for the 3M Co.), submitted on 
April 16, 1981.
    (36) A revision submitted by the Commonwealth of Pennyslvania on 
April 9, 1981 providing for attainment of the SO2 NAAQS in portions 
of Armstrong County, Pennsylvania.
    (37) A revision submitted by the Commonwealth of Pennsylvania on 
June 5, 1980, consisting of amendments to Philadelphia's Air Management 
Regulations II and III, allowing a limiting resumption of industrial 
coal burning.
    (38) A revision submitted by the Commonwealth of Pennsylvania on 
December 24, 1980 which is intended to establish an Ambient Air Quality 
Monitoring Network for Allegheny County.
    (39) Amendments consisting of minor regulatory changes to Article 
III of the Pennsylvania Rules and Regulations for Air Resources 
governing Volatile Organic Compounds (VOC) emissions was submitted by 
the Commonwealth of Pennsylvania on December 16, 1980.
    (40) A revision submitted by the Commonwealth of Pennsylvania on 
November 10, 1980 dividing the Beaver Valley Air Basin into an Upper 
Beaver Valley Air Basin and Lower Beaver Valley Air Basin and revising 
chapters 121 and 123.
    (41) Revisions submitted by the Commonwealth of Pennsylvania on 
April 13, 1981, July 13, 1981 and August 17, 1981 to correct the 
conditionally approved and unapproved portions of Pennsylvania 1979 
State Implementation Plan.
    (42) A document entitled ``Attainment Demonstration for Total 
Suspended Particulate in Nonattainment Area 3, Based Upon Alternate 
Emission Reduction Plan for Shenango, Inc.'' in Allegheny County, 
including the new section 902 of Article XX, submitted by the 
Commonwealth of Pennsylvania on May 18, 1981.
    (43) Amendments to Air Management Regulations II and III, with 
supporting documents, submitted by Governor Dick Thornburgh on December 
8, 1981, allowing the continued burning of anthracite coal in existing 
space heating units currently burning coal.
    (44)  [Reserved]
    (45) Revisions submitted to the Commonwealth of Pennsylvania on 
February 23, 1982 to correct the conditionally-approved portions of the 
1979 State Implementation Plan, specifically the two asphalt regulations 
in Allegheny County.
    (46) A revision submitted by the Acting Secretary of the 
Pennsylvania Department of Environmental Resources on December 9, 1981, 
which would add an expanded ridesharing program in the Delaware Valley.
    (47) Revisions submitted on July 27, 1981, August 12, 1981, and 
September 15, 1981, by the Pennsylvania Department of Environmental 
Resources (DER), which will limit the automobile emission Inspection and 
Maintenance Program to the urbanized areas of the Pittsburgh and 
Allentown-Bethlehem-Easton regions.
    (48) Volatile Organic Compound (VOC) regulations, a generic VOC 
bubble regulation, Continuous Emission Monitoring (CEM) regulations and 
procedures, and Alternative Opacity Limit regulations submitted by 
Pennsylvania to EPA on July 13, 1981, August 17, 1981, August 26, 1981, 
and September 4, 1981.
    (49) Group IIVOC regulations, a revision of the Air Episode 
Regulations,

[[Page 816]]

and an increase in Permit Fees, for Allegheny County, Pa. These 
revisions were submitted by Secretary Peter S. Duncan on February 23, 
1982.
    (50) Regulations and supporting documents implementing an SO2 
bubble plan for the U.S. Steel Homestead and Edgar Thomson Works in 
Allegheny County, PA. submitted by DER Secretary Peter S. Duncan on 
September 16, 1982.
    (51) Regulations and supporting documents implementing a TSP bubble 
plan for U.S. Steel Corporation's Fairless Works in Fairless Hills, PA., 
submitted by the Secretary of the Pennsylvania Department of 
Environmental Resources on January 6, 1983.
    (52) Regulations and supporting documents implementing a TSP bubble 
plan for Bethlehem Steel Corporation's plant in Bethlehem, Pa., 
submitted by the Secretary of the Pennsylvania Department of 
Environmental Resources on December 30, 1982.
    (53) Pennsylvania submittal dated September 23, 1982 deleting more 
stringent sulfur in residual oil requirements for the Upper Beaver 
Valley Air Basin which would have become effective August 1, 1982 and 
adding provisions for public notification of air quality levels.
    (54) Revisions submitted by the Commonwealth of Pennsylvania on June 
8, 1982 consisting of alternative emission reduction plans for Scott 
Paper Company in Chester, PA, Arbogast and Bastian, Inc., in Allentown, 
PA, and J. H. Thompson, Inc., in Kennett Square, PA.
    (55) Regulations and supporting documents implementing an SO2 
bubble plan for U.S. Steel Corporation's Fairless Works in Fairless 
Hills, PA was submitted by the Secretary of the Pennsylvania Department 
of Environmental Resources on July 7, 1983.
    (56) A State Implementation Plan for the control of lead (Pb) 
emissions submitted on September 30, 1982 by the Secretary of 
Environmental Resources.
    (57) A revision submitted by the Commonwealth of Pennsylvania on 
July 28, 1983, and clarified by letters dated October 28, 1983, February 
7, 1984 and June 15, 1984 enables the Commonwealth of Pennsylvania to 
implement and enforce the prevention of significant deterioration (PSD) 
regulations.
    (58) Revision to Article XX of the Allegheny County SIP were 
submitted by the Secretary of the Pennsylvania Department of 
Environmental Resources on September 6, 1983.
    (59) A State Implementation Plan for the control of lead (Pb) 
emissions in Allegheny County was submitted on September 6, 1983 by the 
Secretary of Environmental Resources.
    (60) Amendments consisting of minor regulatory changes to Article 
III of the Air Resources Regulations that amend Chapters 121, 123, 127, 
129, 131, 139, and 141 was submitted by the Commonwealth of Pennsylvania 
on September 23, 1983.
    (61) A State Implementation Plan for the control of lead (Pb) 
emissions in Philadelphia was submitted on August 29, 1983 and May 15, 
1984 by the Secretary of the Pennsylvania Department of Environmental 
Resources.
    (62) A State Implementation Plan for the control of Lead (Pb) 
emissions in Pennsylvania was submitted on June 8, 1984 by the Secretary 
of the Pennsylvania Department of Environmental Resources.
    (63) The 1982 Ozone and Carbon Monoxide plan, except for the 
Inspection and Maintenance portion and the Perchloroethylene Dry 
Cleaning regulation, for the Southeastern, Southwestern, and Allentown-
Bethlehem-Easton areas submitted by the Commonwealth on June 30, 1982 
and October 24, 1983.
    (64) [Reserved]
    (65) An amendment to Philadelphia Air Management's Regulation VII, 
submitted by the Secretary of the Pennsylvania Department of 
Environmental Resources on March 28, 1986. The amendment exempts fuel 
burning units installed before June 1, 1984, from the provisions of 
Regulation VII (Control of Emissions of Nitrogen Oxides from Stationary 
Sources).
    (i) Incorporation by reference.
    (A) Air Management Regulation VII, Control of Emission of Nitrogen 
Oxides from Stationary Sources, adopted on April 9, 1985.
    (66) A revision to the Pennsylvania State Implementation Plan 
adopting a Motor Vehicle Emissions Inspection and Maintenance Program 
submitted by the Secretary of the Pennsylvania

[[Page 817]]

Department of Environmental Resources on June 24, 1985 and an amendment 
submitted March 13, 1986 by the Chief, Division of Air Resource 
Management, Bureau of Air Quality Control, Pennsylvania Department of 
Environmental Resources.
    (i) Incorporation by reference.
    (A) Title 75, sections 4703 (a) and (h) and 4706 of the Purdon's 
Pennsylvania Consolidated Statutes Annotated and Title 67, Pennsylvania 
Code sections 175.41, 177.21, 177.31, 177.32, 177.35, 177.39 and 177.61.
    (B) Bureau of Air Quality Control, Department of Environmental 
Resources, State Implementation Plan, Revision for Ozone for I/M, dated 
June 17, 1985 and the letter to EPA, dated March 13, 1986.
    (67) Amendment to section 512.G. Extensions, of Article XX, Rules 
and Regulations of the Allegheny County Health Department providing 
authority to grant compliance date extensions for surface coating and 
graphic arts sources, submitted by DER Secretary Nicholas DeBenedictis 
on August 13, 1985.
    (i) Incorporation by reference.
    (A) Letter of August 13, 1985 to EPA from the Pennsylvania 
Department of Environmental Resources, and Appendix 22, Amendment to 
section 512.G., Allegheny County portion of the Pennsylvania State 
Implementation Plan (extension of final air pollution compliance dates 
for surface coating and graphic arts) adopted by the Board of County 
Commissioners of June 27, 1985.
    (68) Revision to the Pennsylvania State Implementation Plan dated 
February 13, 1985, which implements two VOC offset transactions between 
Paramount Packaging Corporation and National Can Corporation and between 
Fres-co Systems USA, and National Can Corporation.
    (i) Incorporation by reference.
    (A) Pennsylvania Department of Environmental Resources, Order for 
the External Transfer of Banked Emissions 85-524, signed on March 1, 
1985.
    (B) Pennsylvania Department of Environmental Resources, Order for 
the External Transfer of Banked Emissions 85-525, signed on March 1, 
1985.
    (C) Letter dated August 21, 1985, from the Department of 
Environmental Resources to the National Can Corporation.
    (ii) Additional material.
    (A) Narrative submittal dated February 13, 1985, from the Department 
of Environmental Resources to EPA.
    (B) Letter dated April 25, 1986, from the Department of 
Environmental Resources to EPA.
    (69) Revision to the Allegheny County portion of the Pennsylvania 
State Implementation Plan was submitted by the Commonwealth on February 
3, 1987.
    (i) Incorporation by reference.
    (A) Amendment to the Allegheny County portion of the Pennsylvania 
SIP for Air Pollution Control, Appendix 23, section 533, Abrasive 
Blasting, approved on October 9, 1986.
    (B) Letter dated February 3, 1987, from the Commonwealth of 
Pennsylvania to EPA.
    (70) Revisions to the Philadelphia Regulations incorporating stack 
height regulations, submitted by Pennsylvania on June 2, 1986.
    (i) Incorporation by reference. (A) Amendment to Philadelphia, 
Pennsylvania, Air Management Regulation I, Section XI, ``Compliance with 
Federal Regulations'', effective on March 27, 1986.
    (71) The permit incorporating polymer resin processes RACT 
requirements for ARCO's Monaca plant, submitted by acting DER Secretary 
John Krill on January 14, 1987.
    (i) Incorporation by reference.
    (A) The entire permit (No. 04-313-052) and plan approval; issued and 
effective December 9, 1986.
    (72) The permit incorporating SOCMI air oxidation RACT requirements 
for IMC's Allentown plant, submitted by acting DER Secretary John Krill 
on January 14, 1987.
    (i) Incorporation by reference.
    (A) The entire permit (No. 39-313-014) and plan approval; issued and 
effective December 10, 1986.
    (73) Good engineering practice stack height regulations were 
submitted by the Secretary, Pennsylvania Department of Environmental 
Resources on July 19, 1988.
    (i) Incorporation by reference.
    (A) Letter from the Pennsylvania Department of Environmental 
Resources

[[Page 818]]

dated July 19, 1988, submitting a revision to the Pennsylvania State 
Implementation Plan.
    (B) Amendments to Pennsylvania regulations, title 25, part I, 
subpart C, article III; chapters 121 (definitions) and 141 (variances 
and alternate standards) adopted May 14, 1988.
    (ii) Additional materials.
    (A) Remainder of the State submittal including the letter of 
commitment dated March 11, 1986, from the Department of Environmental 
Protection stating that new source review shall be conducted in 
accordance with the good engineering practice requirements of 40 CFR 
part 51.
    (74) Revisions to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources on January 11, 1991.
    (1) Incorporation by reference. (A) Letter from the Pennsylvania 
Department of Environmental Resources dated January 11, 1991 submitting 
a revision to the Pennsylvania State Implementation Plan.
    (B) Amendment to 25 Pa. Code Chapter 123.51 ``Monitoring 
Requirements'', concerning continuous nitrogen oxides monitoring, 
effective October 20, 1990.
    (ii) Additional materials. (A) Remainder of the State Implementation 
Plan revision request submitted by the Pennsylvania Department of 
Environmental Resources on January 11, 1991.
    (75) Revisions to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources on January 8, 1991.
    (i) Incorporation by reference. (A) Letter from the Pennsylvania 
Department of Environmental Resources dated January 8, 1991 submitting a 
revision to the Pennsylvania State Implementation Plan.
    (B) Revisions to Pennsylvania Department of Environmental Resources' 
Air Quality Regulations, Sec. 137.3, subsections (2), (3), (4), and 
introductory paragraph, effective June 9, 1990.
    (ii) Additional materials. (A) Remainder of State submittal, dated 
January 8, 1991.
    (76) Revisions to the State Implementation Plan (SIP) submitted by 
the Pennsylvania Department of Environmental Resources (PADER) on 
January 11, 1991.
    (i) Incorporation by reference.
    (A) A letter from PADER dated January 11, 1991 submitting a revision 
to the Pennsylvania SIP.
    (B) Title 25 PA. Code, Chapter 121, Section 121.1--Definition of 
VOC.
    (77) Revision to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources on February 23, 1987, 
at the request of Philadelphia Air Management Services.
    (i) Incorporation by reference.
    (A) Letter from the Pennsylvania Department of Environmental 
Resources dated February 23, 1987, submitting a revision to the 
Philadelphia portion of the Pennsylvania Ozone State Implementation 
Plan.
    (B) Regulation V, Section I, ``Definitions'' for the terms Petroleum 
Solvents and Petroleum Solvent Dry Cleaning; and Section XI, ``Petroleum 
Solvent Dry Cleaning'' effective November 28, 1986.
    (C) Compliance Guidelines, for Air Management Regulation V, 
``Control of Emission of Organic Substances from Stationary Sources,'' 
Section XI: Petroleum Solvent Dry Cleaning'' effective November 28, 1986 
(containing amendments and revisions through February 29, 1988).
    (78) Revisions to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources on September 9, 1991. 
The effective date of the regulation submitted is May 23, 1988.
    (i) Incorporation by reference. (A) A letter from the Pennsylvania 
Department of Environmental Resources dated September 9, 1991 submitting 
a revision to the Pennsylvania State Implementation Plan.
    (B) Section XIII, Process Equipment Leaks of Philadelphia Air 
Management Regulation V--Control of Emissions of Organic Substances from 
Stationary Sources. The effective date of the regulation submitted is 
May 23, 1988.
    (C) Compliance Guidelines for Philadelphia Air Management Regulation 
V, Section XIII. The effective date of the compliance guidelines 
submitted is May 23, 1988.
    (ii) Additional materials. (A) Remainder of the May 23, 1988 State 
submittal.

[[Page 819]]

    (79) Revisions to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources on August 15, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Pennsylvania Department of Environmental 
Resources dated August 15, 1991 submitting revision to the Pennsylvania 
State Implementation Plan, pertaining to Chapters 121 and 129 of the 
Pennsylvania regulations pertaining to Stage I vapor recovery, surface 
coating, graphic arts, deletion of the generic bubble regulation, 
recordkeeping, gasoline marketing, pharmaceutical products, and 
compliance schedules.
    (B) The definitions of bulk gasoline plant, bulk gasoline terminal, 
clear coat, and miscellaneous metal parts and products found in Chapter 
121.1, Chapter 129.51 (a) (1) through (6), (b), and (c), Chapter 129.52 
(a) through (e), Table I, 10.(a) topcoats for locomotives and heavy-duty 
trucks and 10.(b) hopper cars and tank car interiors, deletion of 
Chapter 129.53 (now reserved), Chapter 129.54, Chapter 129.59, Chapter 
129.60, Chapter 129.61, Chapter 129.66, Chapter 129.67, and Chapter 
129.68 published in the Pennsylvania Bulletin dated August 3, 1991 (Vol. 
21, no. 31, pages 3406-3416). These regulations were made effective on 
August 3, 1991.
    (80) Revision to the Allegheny County portion of the Pennsylvania 
State Implementation Plan submitted on July 13, 1987, which consists of 
the addition of an installation permit (86-I-0024-P) which defines and 
imposes RACT to control VOC emissions from air oxidation processes at 
the Aristech Chemical Corporation plant on Neville Island.
    (i) Incorporation by reference.
    (A) A letter from the Pennsylvania Department of Environmental 
Resources dated July 13, 1987, submitting revisions to the Allegheny 
County portion of the Pennsylvania ozone State Implementation Plan.
    (B) The original permit (86-I-0024-P), issued and effective August 
28, 1986, and the modification and amendments to the original permit, 
issued and effective March 3, 1987.
    (81) Revisions to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources on January 11, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Pennsylvania Department of Environmental 
Resources dated January 11, 1991 submitting a revision to the 
Pennsylvania State Implementation Plan.
    (B) The following revised regulations, effective October 27, 1990: 
Sections 121.1 (Definitions of ``combustion efficiency,'' 
``incinerator,'' ``municipal waste,'' ``municipal waste incinerator,'' 
and ``resource recovery unit'' only); 123.25 (b), (c), and (e); 129.18 
(entire section); 139.101 (7), (16) and introductory paragraph; 
139.103(2); 139.104(2); 139.111 (1), (2), (3).
    (ii) Additional material.
    (A) Remainder of the January 11, 1991 State submittal.
    (82) Revision to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources on February 23, 1987 
at the request of Philadelphia Air Management Services.
    (i) Incorporated by reference. (A) Letter from the Pennsylvania 
Department of Environmental Resources dated February 23, 1987 submitting 
a revision to the Philadelphia portion of the Pennsylvania Ozone State 
Implementation Plan effective November 28, 1986.
    (B) Regulation V, Section I, ``Definitions'' for the term 
Pharmaceutical Tablet Coating; and Section XII, ``Pharmaceutical Tablet 
Coating'' only.
    (C) Compliance Guidelines for Air Management Regulation V, ``Control 
of Emissions of Organic Substances from Stationary Sources,'' Section 
XII: ``Pharmaceutical Tablet Coating,'' effective November 28, 1986, 
(containing amendments and revisions through February 29, 1988).
    (83) Revisions to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources on February 23, 1987.
    (i) Incorporation by reference. (A) A letter from the Pennsylvania 
Department of Environmental Resources dated February 23, 1987 submitting 
a revision to the Pennsylvania State Implementation Plan.
    (B) A revision to Section I--Definitions--for the term Volatile 
Organic

[[Page 820]]

Compound (VOC) of Philadelphia Air Management Regulation V ``Control of 
Emissions of Organic Substances from Stationary Sources.'' The effective 
date is November 28, 1986.
    (C) The addition of Section X--Compliance with Pennsylvania 
Standards for VOC to Philadelphia Air Management Regulation V. The 
effective date is November 28, 1986.
    (ii) Additional materials. (A) The remainder of the Commonwealth's 
February 23, 1987, submittal.
    (84) Revisions to the Pennsylvania Air Pollution Control Regulations 
submitted on November 13, 1991, by the Pennsylvania Department of 
Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of November 13, 1991, from the Pennsylvania Department of 
Environmental Resources transmitting revised regulations for the control 
of volatile organic compound (VOC) emissions.
    (B) Title 25 Pa. Code, chapter 121, section 121.1 (Definition of 
``Organic Liquid Cargo Vessel'' only) and chapter 129, section 129.81 
(Organic Liquid Cargo Vessel Loading and Ballasting), effective 
September 28, 1991.
    (ii) Additional material.
    (A) Remainder of the November 13, 1991, State submittal.
    (85) Revisions to the Pennsylvania Regulations submitted on October 
16, 1991, by the Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter from the Pennsylvania Department of Environmental 
Resources dated October 16, 1991 transmitting revisions to the Allegheny 
County portion of the Pennsylvania State Implementation Plan.
    (B) Revisions to the following provisions of Article XX, Rules and 
Regulations of the Allegheny County Health Department, Air Pollution 
Control, adopted on August 8, 1991, and effective August 26, 1991:
    (1) Section 101-Added definitions for the following terms: capture 
efficiency, potential uncontrolled emission rate, and transfer 
efficiency; revised and renumbered definitions for the following terms: 
bulk gasoline plant, bulk gasoline terminal, clear coat, miscellaneous 
metal parts and products, and volatile organic compound (VOC).
    (2) New Section 501 added; existing Section 510 deleted.
    (3) Section 504 (entire section).
    (4) Section 505, subsections A, B, and D, and Table I.
    (5) Section 507, subsection B.
    (6) Section 508, subsections C, D, E, G, and H.
    (7) Section 512-New subsection A (added), subsection B (former 
subsection H); existing subsections A-G and I are deleted.
    (8) Section 531, subsections A, B, and C.
    (9) Section 534, subsections B and C.
    (10) Deletion of Section 506 that was in effect before August 26, 
1991.
    (86) Revisions to the Pennsylvania Regulations for reasonably 
available control technology (RACT) to control fugitive organic chemical 
manufacturing industries, Article XX of the Rules and Regulations of the 
Allegheny County Health Department, section 534 and 605 I submitted on 
July 13, 1987, by the Pennsylvania Department of Environmental Resources 
(DER).
    (i) Incorporation by reference.
    (A) Letter of July 13, 1987, from the Pennsylvania Department of 
Environmental Resources transmitting regulations for the control of 
``Synthetic Organic Chemical and Polymer Manufacturing-Fugitive 
Sources'' and the associated test method, EPA method 21.
    (B) Article XX, of the Rules and Regulations of the Allegheny County 
Health Department, section 534 and 605 I, effective June 10, 1987.
    (87) Revisions to the Pennsylvania State Implementation Plan 
submitted on March 29, 1993, by the Pennsylvania Department of 
Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of March 22, 1993, from the Pennsylvania Department of 
Environmental Resources transmitting plan approval no. 46-326-001A and 
operating permit no. 46-326-001A for Knoll Group, P.O. Box 157, East 
Greenville, PA.
    (B) Plan approval no. 46-326-001A and operating permit no. 46-326-
001A which consist of emission standards, operating conditions and 
recordkeeping requirements applicable to Knoll Group, a wood furniture 
surface coater located

[[Page 821]]

in Montgomery County, PA, which is in the Philadelphia severe ozone 
nonattainment area. These requirements together are being approved as 
reasonably available control technology (RACT) for this wood furniture 
surface coater. The effective date of the plan approval and the 
operating permit is March 24, 1993.
    (ii) Additional material.
    (A) Remainder of March 29, 1993, Pennsylvania submittal consisting 
of a Background Information document prepared by Pennsylvania in support 
of the RACT proposal for Knoll, an evaluation of control options 
performed for Knoll by a contractor, public comments and responses, and 
a chart and computer diskette (LOTUS 1-2-3) showing how RACT 
calculations will be performed.
    (88) Revisions to the Pennsylvania Regulations for an oxygenated 
gasoline program submitted on November 12, 1992 by the Pennsylvania 
Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of November 12, 1992 from the Pennsylvania Department of 
Environmental Resources transmitting the oxygenated gasoline regulation 
as a SIP revision.
    (B) Revisions to 25 PA Code Chapter 121, General Provisions, section 
121.1 Definitions and the addition of section 126.1 Oxygenate Content of 
Gasoline to 25 PA Code Chapter 126, Standards for Motor Fuels. These 
revisions became effective August 29, 1992.
    (C) The correction in 25 PA Code Chapter 121, General Provisions, 
section 121.1 Definitions in the definition of ``oxygenated gasoline''. 
This correction became effective October 24, 1992.
    (ii) Additional Material.
    (A) Remainder of Pennsylvania State submittal.
    (B) [Reserved]
    (89) Revisions to the Pennsylvania Regulations, Chapter 129.82 
pertaining to Stage II Vapor Recovery and the associated definition of 
gasoline dispensing facilities in Chapter 121.1 submitted on March 4, 
1992, by the Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of March 4, 1992, from the Pennsylvania Department of 
Environmental Resources transmitting Chapter 121.1, definition of 
gasoline dispensing facilities, and Chapter 129.82 pertaining to 
regulations for Stage II vapor recovery in moderate, serious and severe 
ozone nonattainment areas in the Commonwealth.
    (B) Pennsylvania Bulletin (Vol. 22, No. 8) dated February 8, 1992, 
containing the definition of gasoline dispensing facility in Chapter 
121.1 and the Stage II vapor recovery regulations contained in Chapter 
129.82, effective on February 8, 1992.
    (ii) Additional material.
    (A) Remainder of March 4, 1992, State submittal.
    (90) Revisions to the Allegheny County portion of the Pennsylvania 
SIP to adopt the PM-10 NAAQS and fulfill other Group III requirements, 
submitted on November 8, 1988 by the Pennsylvania Department of 
Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of November 8, 1988 from the Pennsylvania Department of 
Environmental Resources transmitting revisions to Article XX of 
Allegheny County Health Department Rules and Regulations.
    (B) Revisions to the following sections of Article XX of Allegheny 
County Health Department Rules and Regulations, effective August 22, 
1988:
    (1) Section 101, Definitions (definition of ``PM10'').
    (2) Section 109, Ambient Air Quality Standards.
    (3) Section 527, Areas Subject to Sections 521 through 526 (various 
fugitive dust measures).
    (4) Section 613, Ambient Measurements.
    (5) Section 704, Episode Criteria.
    (6) Section 801, Definitions. (Definitions of ``Attainment area,'' 
``Nonattainment area,'' ``Significant air quality impact,'' and 
``Unclassified area'')
    (7) Appendix 1, Attainment, Unclassifiable and Nonattainment Areas 
of Allegheny County: deleted.
    (ii) Additional material.
    (A) Remainder of the November 8, 1988 submittal pertaining to the 
Allegheny County portion of the Pennsylvania SIP to adopt the PM-10

[[Page 822]]

NAAQS and fulfill other Group III requirements.
    (91) Revisions to the Allegheny County portion of the Pennsylvania 
SIP to reduce PM-10 emissions and visible emissions from several 
categories of fugitive dust sources, submitted on December 31, 1992 by 
the Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of December 31 1992 from the Pennsylvania Department of 
Environmental Resources transmitting revisions to Article XX of 
Allegheny county Health Department Rules and Regulations.
    (B) Revisions to the following sections of Article XX of Allegheny 
County Health Department Rules and Regulations, effective November 1, 
1992.
    (1) Section 402, Particulate Mass Emissions (Paragraph A--Fuel 
Burning or Combustion Equipment)
    (2) Section 520, Coke Ovens (Paragraph J--Compliance Schedule)
    (3) Section 521, Permit Source Premises.
    (4) Section 521.1, Non-Permit Source Premises.
    (5) Section 523, Permit Source Transport.
    (6) Section 523.1, Non-Permit Source Transport.
    (7) Section 524, Construction and Land Clearing.
    (8) Section 527, Areas Subject to Sections 521 through 526.
    (9) Section 602, Particulate Matter (test methods).
    (10) Section 606, Visible Emissions (measurement).
    (11) Section 607, Coke Oven Emissions (measurement).
    (12) Section 608, Coke Oven Gas (measurement of hydrogen sulfide 
content).
    (ii) Additional material.
    (A) Remainder of the December 31, 1992 submittal pertaining to the 
Allegheny County portion of the Pennsylvania SIP to reduce PM-10 
emissions and visible emissions from several categories of fugitive dust 
sources.
    (92) Revisions to the Allegheny County portion of the Pennsylvania 
SIP to reduce PM-10 emissions including the newly created Allegheny 
County Article XXI which both revised and added emission reduction 
requirements for certain industrial boilers, various emission points at 
US Steel's Clairton Coke Works and the Glassport Transportation Center, 
new definitions related to coke oven gas emissions, and new test methods 
for particulate matter; submitted by the Pennsylvania Department of 
Environmental Resources on January 6, 1994 and effective February 1, 
1994.
    (i) Incorporation by reference.
    (A) Letter of January 6, 1994 from the Pennsylvania Department of 
Environmental Resources transmitting Article XXI of Allegheny County 
Health Department Rules and Regulations.
    (B) The newly created Article XXI of Allegheny County Health 
Department Rules and Regulations in its entirety, effective February 1, 
1994.
    (1) Part A (sections 2101 et seq.), General, reserved in part:
    (i) Section 2101. Short Titles.
    (ii) Section 2101.3, Effective Date and Repealer.
    (iii) Section 2101.20, Definitions.
    (2) Part B (sections 2102 et seq.), Installation Permits, reserved.
    (3) Part C (sections 2103 et seq.), Operating Permits and Licenses, 
reserved.
    (4) Part D (sections 2104 et seq.), Pollutant Emission Standards, 
reserved in part.
    (i) Section 2104.6, Particulate Mass Emissions, replaces section 402 
of Article XX.
    (5) Part E (sections 2105 et seq.), Sources Emission and Operating 
Standards, reserved in part.
    (i) Section 2105.21, Coke Ovens and Coke Oven Gas, replaces section 
520.B. through 520.J. and section 530 of Article XX.
    (ii) Section 2105.49, Fugitive Emissions, replaces section 528 of 
Article XX.
    (6) Part F (sections 2106 et seq.), Air Pollution Episodes, 
reserved.
    (7) Part G (sections 2107 et seq.), Methods, reserved in part:
    (i) Section 2107.1, General.
    (ii) Section 2107.2, Particulate Matter.
    (8) Part H (sections 2108 et seq.), Compliance, reserved.
    (9) Part I (sections 2109 et seq.), Enforcement, reserved.
    (ii) Additional material.

[[Page 823]]

    (A) Remainder of the January 6, 1994 State submittal.
    (93)  [Reserved]
    (94) Revision to the Commonwealth of Pennsylvania Volatile Organic 
Compound (VOC) Regulations, amending 25 Pa Code Chapters 121--General 
Provisions and Chapter 129--Standards for Sources submitted on August 
19, 1992, by the Pennsylvania Department of Environmental Resources 
(PADER).
    (i) Incorporation by reference.
    (A) A letter of August 19, 1992, from PADER transmitting a state 
implementation plan revision which corrects deficiencies and adds 
requirements for the control of VOCs from surface coating, pneumatic 
rubber tire manufacturing, graphic arts and synthetic organic chemical 
manufacturing industry equipment leaks.
    (B) 25 Pa Code, Chapter 121, Sec. 121.4; and 25 Pa Code, Chapter 
129, Secs. 129.51, 129.52, 129.62, 129.66, 129.67, 129.69, 129.71 and 
129.72, submitted on August 19, 1992 and effective on May 23, 1992.
    (95)  [Reserved]
    (96) Revisions to the Commonwealth of Pennsylvania Regulations State 
Implementation Plan submitted on November 12, 1992 by the Pennsylvania 
Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of November 12, 1992 from the Pennsylvania Department of 
Environmental Resources transmitting a revised regulation to establish 
emission statements requirements annually for sources of nitrogen oxides 
and volatile organic compounds.
    (B) Revisions to amend 25 Pa. Code, specifically to include section 
135.5 and section 135.21. Effective on October 10, 1992.
    (97) Revisions to the Pennsylvania State Implementation Plan 
submitted by the Secretary, Pennsylvania Department of Environmental 
Protection on December 31, 1992.
    (i) Incorporation by reference.
    (A) Letter dated December 31, 1992 from the Secretary, Pennsylvania 
Department of Environmental Protection, submitting a revision to the 
Allegheny County portion of the Pennsylvania State Implementation Plan.
    (B) Addition of new section E to the Allegheny County Health 
Department-Bureau of Air Pollution Control (ACHD) Rules and Regulations, 
Article XX, Chapter II (Inspections, Reporting, Tests and Monitoring), 
Sec. 202 (Reporting Requirements) were effective on October 8, 1992. 
This revision consists of an emission statement program for stationary 
sources which emit volatile organic compounds (VOCs) and/or nitrogen 
oxides (NOX) at or above specified actual emission threshold 
levels. This program applies to stationary sources within the county of 
Allegheny.
    (ii) Additional material.
    (A) Remainder of December 31, 1992 state submittal pertaining to 
Pennsylvania Emission Statement Program.
    (98) Revisions to the Pennsylvania Regulations Chapter 129.91 
submitted on January 6, 1995 by the Pennsylvania Department of 
Environmental Resources:
    (i) Incorporation by reference.
    (A) Two letters both dated January 6, 1995 from the Pennsylvania 
Department of Environmental Resources transmitting source-specific VOC 
and/or NOx RACT determinations in the form of plan approvals and/or 
operating permits for the following sources: ESSROC Materials, Inc. 
(Northampton Co.)--cement manufacturer; Pennsylvania Power & Light--
Brunner Island SES (York Co.)--utility, PPG Industries, Inc. (Cumberland 
Co.)--glass manufacturer; Stroehmann Bakeries, Inc. (Dauphin Co.)--
bakery; GE Transportation Systems (Erie Co.)--utility; J.E. Baker/DBCA 
Refractory Facility (York Co.)--dolomitic refractory facility; Lafarge 
Corp. (Lehigh Co.)--cement manufacturer; West Penn Power Company--
Armstrong Power Station (Armstrong Co.), utility. In addition, the plan 
approval for Plain n' Fancy Kitchens, Inc. (Lebanon Co., kitchen cabinet 
surface coating) containing provisions limiting this source as a 
synthetic minor source (below RACT threshold level of 50 TPY potential 
VOC emissions) is being approved.
    (B) Plan approvals (PA), Operating permits (OP):
    (1) ESSROC Materials, Inc.--PA 48-0004A, effective December 20, 
1994, except conditions (7)(a), (7)(b), (7)(d), (8)(a), (8)(b), (8)(d), 
(10), (16) through (19) pertaining to particulate matter or SO2 
requirements and condition (25)(d)

[[Page 824]]

and (e) pertaining to compliance date extensions, and the expiration 
date of the plan approval.
    (2) Pennsylvania Power & Light--Brunner Island SES--PA 67-2005, 
effective December 22, 1994, except condition 2.d. and e. pertaining to 
compliance date extensions, and the expiration date of the plan 
approval.
    (3) PPG Industries, Inc.--OP 21-2002, effective December 22, 1994, 
except the expiration date of the operating permit.
    (4) Stroehmann Bakeries, Inc.--PA 22-2003, effective December 22, 
1994, except condition 9.d. and e. pertaining to compliance date 
extensions and the expiration date of the plan approval.
    (5) GE Transportation Systems--Erie--OP 25-025, effective December 
21, 1994, except for condition 9 pertaining to pollutants other than VOC 
and NOX.
    (6) J.E. Baker/DBCA Refractory Facility--OP 67-2001, effective 
December 22, 1994, except the expiration date of the operating permit.
    (7) Lafarge Corp.--PA 39-0011A, effective December 23, 1994, except 
for condition (4)(d) and (e) pertaining to compliance date extensions, 
condition (8) pertaining to sulfur in fuel requirements, those in 
condition (9) not pertaining to VOC or NOX, and the expiration date 
of the plan approval, and OP 39-0011, effective December 23, 1994, 
except conditions (8), (9), and (13) through (15), pertaining to sulfur 
in fuel requirements, and the expiration date of the operating permit.
    (8) West Penn Power Company--Armstrong Power Station--PA 03-000-023, 
effective December 29, 1994, except for the expiration date of the plan 
approval and condition 5. pertaining to VOC and condition 9. pertaining 
to a facility-wide NOX cap, PA 03-306-004 (for unit 2), effective 
March 28, 1994, except for condition 12. (d) and (e), pertaining to 
compliance date extensions, and the expiration date of the plan 
approval, and PA 03-306-006 (for unit 1), effective November 22, 1994, 
except for condition 13. (d) and (e), pertaining to compliance date 
extensions, and the expiration date of the plan approval.
    (9) Plain n' Fancy Kitchens, Inc.--PA 38-318-019C, effective 
December 23, 1994, except for condition 2.d. and e., pertaining to 
compliance date extensions, and the expiration date of the plan 
approval.
    (99) Revisions to the Pennsylvania implementation plan for Allegheny 
County pertaining to the operation and maintenance of certain air 
pollution control devices at USX Corporation's Clairton Works submitted 
on April 26, 1995 by the Pennsylvania Department of Environmental 
Resources:
    (i) Incorporation by reference.
    (A) Letter of April 26, 1995 from Mr. James M. Seif, Secretary, 
Pennsylvania Department of Environmental Resources transmitting a SIP 
revision for Allegheny County regarding USX Corporation's Clairton 
Works.
    (B) Portions of an enforcement order and agreement entered into by 
and between the Allegheny County Health Department and USX Corporation 
on November 17, 1994 (Enforcement Order No. 200 Upon Consent). 
Specifically, the introductory section (pages 1-2), the section 
entitled, ``I. Order'' (pages 2-6), and attachments C and D to the 
enforcement order and agreement which list the relevant pollution 
control equipment. The Agreement was effective on November 17, 1994.
    (ii) Additional material.
    (A) Remainder of Pennsylvania's December 9, 1993 submittal.
    (100)  [Reserved]
    (101) Revisions to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources regarding RACT 
requirements for two Stroehmann Bakeries, Inc. facilities located in 
Lycoming and Bradford Counties, submitted on February 24, 1995.
    (i) Incorporation by reference.
    (A) Letter of February 24, 1995 from the Pennsylvania Department of 
Environmental Resources submitting a revision to the State 
Implementation Plan.
    (B) Plan Approval Nos. PA-41-0001 and PA-08-0001 and Operating 
Permit Nos. OP-41-0001A and OP-08-0001A, issued and effective February 
9, 1995.
    (ii) Additional material.
    (A) Remainder of the State Implementation Plan revision request 
submitted by the Pennsylvania Department of Environmental Resources on 
February 24, 1995, pertaining to the

[[Page 825]]

Plan Approvals and Operating Permits listed above.
    (102) Revisions to the Pennsylvania Regulations Chapter 129.91 
submitted on January 6, 1995, April 24, 1995 and May 31, 1995 by the 
Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Four letters, two dated January 6, 1995, one dated April 24, 
1995, and one dated May 31, 1995, from the Pennsylvania Department of 
Environmental Resources transmitting source-specific VOC and/or NOx RACT 
determinations in the form of plan approvals and/or operating permits 
for the following sources: (1) PECO Energy--Eddystone (Delaware Co.)--
utility, (2) Gilberton Power Company (Schuylkill Co.)--utility, (3) 
Bethlehem Steel Structural Products Corp. (Northampton Co.)--steel 
manufacturer, (4) Westwood Energy Properties, Inc. (Schuylkill Co.)--
utility, (5) PECO Energy Co.--Front Street (Montgomery Co.)--utility, 
(6) Crawford Furniture Manufacturing Corp. (Clarion Co.)--furniture 
manufacturer, (7) Schuylkill Energy Resources (Schuylkill Co.)--
cogeneration plant, (8) Panther Creek Partners (Carbon Co.)--utility, 
(9) Columbia Gas Transmission Co.--Milford (Pike Co.), (10) Texas 
Eastern Transmission Corp.--Entriken (Huntingdon Co.)--Natural gas 
pipeline compressor station, (11) Columbia Gas Transmission Corp.--
Greencastle (Franklin Co.). In addition, the operating permit for Lord 
Corporation (Erie Co.), aerospace surface coating operation containing 
provisions limiting this source as a synthetic minor source (below RACT 
threshold level of 50 TPY potential VOC emissions) is being approved.
    (B) Plan approvals (PA), Operating permits (OP):
    (1) PECO Energy--Eddystone--PA 23-0017, effective December 28, 1994, 
except the expiration date of the plan approval, and OP 23-0017, 
effective December 28, 1994, except the expiration date of the operating 
permit and conditions 6.C.(1) through (7), 6.D.(1)(c), 7.C.(1) through 
(5), 7.D.(1)(a) and 8.D.(1)(a) pertaining to SO2 or PM10 
requirements.
    (2) Gilberton Power Company--OP 54-0004, effective December 20, 
1994, except the expiration date of the operating permit and condition 5 
pertaining to SO2 and PM10 requirements.
    (3) Bethlehem Structural Products Corp.--OP 48-0010, effective 
December 20, 1994, except the expiration date of the operating permit, 
OP 48-0013, effective December 20, 1994, except the expiration date of 
the operating permit and condition (11)(d) through (f) pertaining to 
sulfur and metals, OP 48-0014, effective December 20, 1994, except the 
expiration date of the operating permit and conditions (8) and (9) 
pertaining to particulate matter, and OP 48-0015, effective December 20, 
1994, except the expiration date of the operating permit and conditions 
(9) and (10) pertaining to visible emissions and particulate matter.
    (4) Westwood Energy Properties, Inc.--OP 54-0006, effective December 
27, 1994, except the expiration date of the operating permit and the 
particulate and SO2 emission limitations in condition (5).
    (5) PECO Energy Company--Front Street--OP 46-0045, effective March 
31, 1995, except the expiration date of the operating permit.
    (6) Crawford Furniture Manufacturing Corp.--OP 16-021, effective 
March 27, 1995.
    (7) Schuylkill Energy Resources--OP 54-0003, effective May 19, 1995, 
except the expiration date of the operating permit.
    (8)  [Reserved]
    (9) Columbia Gas Transmission Company--Milford--OP 52-0001, 
effective May 19, 1995, except the expiration date of the operating 
permit.
    (10) Texas Eastern Transmission Corp.--OP 31-2003, effective May 16, 
1995, except the expiration date of the operating permit.
    (11) Columbia Gas Transmission Corp.--Greencastle--OP 28-2003, 
effective April 21, 1995, except the expiration date of the operating 
permit.
    (12) Lord Corporation--OP 25-095, effective March 30, 1995.
    (103) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOx RACT and 1990 baseyear emissions inventory for 
one source, submitted on January 6, 1995, May 10, 1995, May 31, 1995, 
August 11, 1995 (as amended on November 15, 1995), October 24, 1995, and 
December 8, 1995

[[Page 826]]

by the Pennsylvania Department of Environmental Resources (now known as 
the Pennsylvania Department of Environmental Protection):
    (i) Incorporation by reference.
    (A) Nine letters: three dated January 6, 1995, and one each dated 
May 10, 1995, May 31, 1995, August 11, 1995, October 24, 1995, November 
15, 1995, and December 8, 1995 from the Pennsylvania Department of 
Environmental Resources (now known as the Pennsylvania Department of 
Environmental Protection) transmitting source specific VOC and/or NOx 
RACT determinations in the form of plan approvals or operating permits 
for the following sources: Tennessee Gas Pipeline Company--Station 313 
(Potter Co.)--natural gas transmission and gas storage station; Corning 
Asahi Video Products Company (Centre Co.)--glass manufacturer; Columbia 
Gas Transmission Company--Easton station (Northampton Co.)--natural gas 
compressor station, (4) Texas Eastern Transmission Corporation--Bedford 
(Bedford Co.)--natural gas compressor station; Texas Eastern 
Transmission--Marietta (Lancaster Co.)--natural gas compressor station; 
Hercules Cement Company (Northampton Co.)--cement manufacturer; Lone 
Star Industries (Northampton Co.)--cement manufacturer; Pennsylvania 
Power and Light--Montour SES (Montour Co.)--utility; Pennsylvania 
Electric Company--Shawville (Clearfield Co.)--utility; Zinc Corporation 
of America--Monaca (Beaver Co.)--zinc smelting; Procter and Gamble Paper 
Products--Mehoopany (Wyoming Co.)--pulp and paper making facility. In 
addition, the operating permit for Columbia Gas Transmission 
Corporation--Union City (Erie Co.), a natural gas compressor station, 
containing provisions limiting this source as a synthetic minor source 
(below RACT threshold level of 100 tons per year of potential NOx 
emissions) is being approved.
    (B) Plan approvals (PA), Operating permits (OP):
    (1) Tennessee Gas Pipeline Company--Station 313--PA 53-0001, 
effective November 27, 1995, except the expiration date of the plan 
approval and the portion of condition #6 pertaining to CO emissions, OP 
53-0001, effective November 27, 1995, except the expiration date of the 
operating permit, condition #21 pertaining to prevention of significant 
deterioration and the portions of condition #22 pertaining to CO 
emissions, and Compliance permit (CP) 53-0001, effective November 27, 
1995, except the expiration date of the compliance permit.
    (2) Corning Asahi Video Products Company--OP 14-0003, effective 
December 27, 1994, except the expiration date of the operating permit, 
OP 14-309-010A, effective May 5, 1994, except the expiration date of the 
operating permit and condition #6 and 7, pertaining to particulate 
matter and arsenic, OP 14-309-009C, effective August 18, 1994, except 
the expiration date of the operating permit and conditions #12 and 14, 
pertaining to particulate matter and lead, and OP 14-309-037A, effective 
May 5, 1994, except the expiration date of the operating permit and 
conditions #10, 11, 12, and 15, pertaining to particulate matter, 
fluorides and arsenic.
    (3) Columbia Gas Transmission Company--Easton--OP 48-0001, effective 
May 19, 1995, except the expiration date of the operating permit and PA 
48-0001A, effective May 19, 1995, except the expiration date of the plan 
approval.
    (4) Texas Eastern Transmission Corporation--Bedford--OP 05-2007, 
effective May 16, 1995, except the expiration date of the operating 
permit.
    (5) Texas Eastern Transmission Corporation--Marietta--PA 36-2025, 
effective May 16, 1995, except the expiration date of the plan approval 
and condition #2, pertaining to compliance date extensions.
    (6) Hercules Cement Company--PA 48-0005A, effective December 23, 
1994, except the expiration date of the plan approval and condition #4, 
pertaining to compliance date extensions, and all the following 
conditions that do not pertain to VOC or NOX RACT: #10(a), (b) and 
(d), #11(a), (b) and (d), #12(a), (b) and (d), #13(a), (b) and (d), #14, 
#15, #21 through 24, #30, pertaining to compliance date extensions and 
OP 48-0005, effective December 23, 1994, except the expiration date of 
the operating permit and conditions #8 and 9, pertaining to particulate 
matter.
    (7) Lone Star Industries--OP 48-0007, effective December 20, 1994, 
except the

[[Page 827]]

expiration date of the operating permit.
    (8) Pennsylvania Power & Light--Montour SES--PA 47-0001A, effective 
December 27, 1994, except the expiration date of the plan approval and 
condition #14, pertaining to compliance date extensions and OP 47-0001, 
effective December 27, 1994, except the expiration date of the operating 
permit.
    (9) Pennsylvania Electric Company--Shawville--PA 17-0001, effective 
December 27, 1994, except the expiration date of the plan approval and 
condition #19, pertaining to compliance date extensions.
    (10) Zinc Corporation of America--Monaca--OP 04-000-044, effective 
December 29, 1994, except for the expiration date of the operating 
permit and those portions of conditions #8 and 9 pertaining to CO and 
PM10.
    (11) Procter and Gamble Paper Products Company--Mehoopany--OP 66-
0001, effective December 20, 1994, except the expiration date of the 
operating permit and PA 66-0001A, effective December 20, 1994, except 
the expiration date of the plan approval and condition #4, pertaining to 
compliance date extensions, those portions of condition #5, pertaining 
to CO, SO2 or particulate matter, and condition #17, pertaining to 
odor.
    (12) Columbia Gas Transmission Corporation--Union City--OP 25-892, 
effective April 11, 1995 except the portion of condition #8, pertaining 
to compliance date extensions.
    (ii) Additional Material.
    (A) Remainder of January 6, 1995, May 10, 1995, May 31, 1995, August 
11, 1995, October 24, 1995, and December 8, 1995 State submittals.
    (B) Additional clarifying material submitted by Pennsylvania: Letter 
dated July 18, 1995 from Matthew M. Williams, Air Pollution Control 
Engineer, Pennsylvania DEP, to Steve H. Finch, Vice President, 
Environmental Affairs, Columbia Gas Transmission Corporation, stating 
that the effective date of the Columbia Gas Transmission Corporation--
Union City operating permit (OP 25-892) is April 11, 1995.
    (104) Revisions to the Pennsylvania Regulations Chapter 129.91 
submitted on August 1, 1995 by the Pennsylvania Department of 
Environmental Protection:
    (i) Incorporation by reference.
    (A) Two letters, one dated August 1, 1995, from James Seif, 
Secretary of the Pennsylvania Department of Environmental Protection, 
transmitting source-specific VOC and/or NOX RACT determinations in 
the form of operating permits for the following sources: James River 
Corporation--Chambersburg (Franklin County)--printer. In addition, 
operating permits for the following sources containing provisions 
limiting these sources as ``synthetic minor'' sources (below RACT 
threshold level for VOC and/or NOX emissions) are being approved: 
Appleton Papers, Inc. (Cumberland County)--carbon paper producer; Air 
Products & Chemicals, Inc.--Trexlortown (Lehigh County)--gas production/
storage facility; Elf Atochem North America, Inc. (Montgomery County)--
chemical research & development firm; York City Sewer Authority--
Manchester Township (York County)--waste water treatment facility; 
Glasgow, Inc.--Ivy Rock Plants 1 & 2 (Montgomery County)--asphalt 
production facility; Glasgow, Inc.--Catanach Plant (Chester County)--
asphalt production facility; Glasgow, Inc.--Freeborn Asphalt Plant 
(Delaware County)--asphalt production facility.
    (B) One letter, dated November 15, 1995, from James Seif, Secretary 
of the Pennsylvania Department of Environmental Protection, transmitting 
source-specific VOC and/or NOX RACT determinations in the form of 
operating permits including the following source: Glasgow, Inc.--Spring 
House Plants 1 & 2 (Montgomery County)--asphalt production facility;
    (C) Operating permits (OP):
    (1) James River Corporation--OP 28-2006, effective June 14, 1995, 
except the expiration date of the operating permit.
    (2) Appleton Papers, Inc.--OP 21-2004, effective May 24, 1995, 
except the expiration date of the operating permit.
    (3) Air Products and Chemicals, Inc.--OP 39-0008, effective May 25, 
1995, except the expiration date of the operating permit.
    (4) Elf Atochem North America, Inc.--OP 46-0022, effective June 27, 
1995,

[[Page 828]]

except the expiration date of the operating permit.
    (5) York City Sewer Authority, Manchester Township--OP 67-2013, 
effective March 1, 1995, except the expiration date of the operating 
permit.
    (6) Glasgow, Inc., Ivy Rock Asphalt Plants 1 & 2--OP 46-0043, 
effective June 7, 1995, except for the expiration date of the operating 
permit.
    (7) Glasgow, Inc., Spring House Asphalt Plants 1 & 2--OP 46-0029, 
effective June 7, 1995, except for the expiration date of the operating 
permit.
    (8) Glasgow, Inc., Catanach Asphalt Plant--OP 15-0021, effective 
June 7, 1995, except for the expiration date of the operating permit.
    (9) Glasgow, Inc., Freeborn Asphalt Plant--OP 23-0026, effective 
June 7, 1995, except for the expiration date of the operating permit.
    (105) The carbon monoxide redesignation and maintenance plan for 
part of Philadelphia County submitted by the Pennsylvania Department of 
Environmental Protection on September 8, 1995 and October 30, 1995, as 
part of the Pennsylvania SIP. The 1990 base year CO emission inventory 
and projections are included in the maintenance plan.
    (i) Incorporation by reference.
    (A) Letters of September 8, 1995 and October 30, 1995 from the 
Pennsylvania Department of Environmental Protection requesting the 
redesignation and submitting the maintenance plan.
    (B) Maintenance Plan for the Philadelphia Carbon Monoxide 
Nonattainment Area adopted on October 16, 1995.
    (ii) Additional Material.
    (A) Remainder of September 8, 1995 and October 30, 1995 State 
submittal.
    (106) Revisions to the Pennsylvania Regulations, Chapter 129.82 
pertaining to Stage II Vapor Recovery and the associated definition of 
gasoline dispensing facilities originally submitted on March 4, 1992 and 
supplemented on October 26, 1995 by the Pennsylvania Department of 
Environmental Protection (formerly known as the Department of 
Environmental Resources):
    (i) Incorporation by reference.
    (A) Letter of October 26, 1995 from the Pennsylvania Department of 
Environmental Protection transmitting sections 6.7 (b), (c), (h) and 
section 17(2) of the Pennsylvania Air Pollution Control Act as amended 
on June 29, 1992.
    (B) Sections 6.7 (b), (c), (h), and section 17(2) of the 
Pennsylvania Air Pollution Control Act, amended June 29, 1992 and 
effective on July 9, 1992.
    (107)  [Reserved]
    (108) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on January 6, 1995, July 
5, 1995, July 31, 1995, August 1, 1995, September 20, 1995, November 22, 
1995, and March 18, 1996 by the Pennsylvania Department of Environmental 
Resources (now known as the Pennsylvania Department of Environmental 
Protection):
    (i) Incorporation by reference.
    (A) Seven letters, dated January 6, 1995, July 5, 1995, July 31, 
1995, August 1, 1995, September 20, 1995, November 22, 1995, and March 
18, 1996 from the Pennsylvania Department of Environmental Resources 
(now known as the Pennsylvania Department of Environmental Protection) 
transmitting source specific VOC and/or NOX RACT determinations in 
the form of plan approvals or operating permits for the following 
sources: U.G.I. Utilities, Inc. (Luzerne Co.)--utility, Solar Turbines 
(York Co.)--cogeneration facility, Columbia Gas Transmission--Renovo 
Compressor Station (Clinton Co.)--natural gas compressor station, 
National Fuel Gas Supply Corporation--East Fork Compressor Station 
(Potter Co.)--natural gas compressor station, York Resource Energy 
Systems, Inc. (York Co.)--municipal waste combustion facility, W.R. 
Grace & Co.--Formpac Division (Berks Co.)--expandable polystyrene 
blowing facility, CNG Transmission--Cherry Tree Station (Indiana Co.)--
natural gas transmission station, EPC Power Corporation of Bethlehem 
(Delaware Co.)--Crozer Chester Cogeneration Plant, C-P Converters, Inc. 
(York Co.)--flexographic printing operation, Fisher Scientific Co. 
International--Instrument Manufacturing Division (Indiana Co.). In 
addition, the permits containing provisions limiting source emissions to 
synthetic minor sources levels (below RACT threshold level of 100 tons 
per year or 25 TPY of potential NOX emissions and 50 TPY or 25 TPY 
for potential VOC emissions) are being approved

[[Page 829]]

for three sources: Adelphi Kitchens, Inc.--Robesonia factory (Berks 
Co.)--wood furniture coating operation, Birchcraft Kitchens, Inc.--
Reading factory (Berks Co.)--wood furniture coating operation, and 
Glasgow, Inc.--Bridgeport Asphalt Plant (Montgomery Co.)--asphalt plant.
    (B) Plan approvals (PA), Operating permits (OP), Compliance permit 
(CP):
    (1) U.G.I. Utilities, Inc.--OP 40-0005, effective December 20, 1994 
and PA 40-0005A, effective December 20, 1994, except the expiration date 
of the plan approval and conditions # 18, 19, and 20 pertaining to non-
VOC or NOX emissions and ash and waste oil requirements.
    (2) Solar Turbines--PA 67-2009, effective August 17, 1995, except 
the expiration date of the plan approval and CP 67-2009, effective 
August 17, 1995, except the expiration date of the compliance permit.
    (3) Columbia Gas Transmission--Renovo Compressor Station--OP 18-
0001, effective July 18, 1995, except the expiration date of the 
operating permit and condition #8, pertaining to compliance date 
extensions and PA 18-0001, effective July 18, 1995, except the 
expiration date of the plan approval and condition #14, pertaining to 
compliance date extensions.
    (4) National Fuel Gas Supply Corporation--East Fork Compressor 
Station--OP 53-0007, effective July 17, 1995, except the expiration date 
of the operating permit, including the corrections to condition #6 and 
13 (from a letter dated July 31, 1995) and PA 53-0007A, effective July 
17, 1995, except the expiration date of the plan approval.
    (5) York Resource Energy Systems, Inc.--PA 67-2006, effective August 
25, 1995, except the expiration date of the plan approval and the non-
VOC or non-NOX elements in conditions #4, 8, 9, 10 12, 18, and 19.
    (6) W.R. Grace & Co.--Formpac Division--PA 06-1036, effective May 
12, 1995, except the expiration date of the plan approval and condition 
#10 (d) and (e) pertaining to compliance date extensions and PA 06-315-
001, effective June 4, 1992, except the expiration date of the plan 
approval.
    (7) CNG Transmission Corporation--Cherry Tree Station--PA 32-000-
303, effective July 5, 1995, except the expiration date of the plan 
approval, the elements in condition #6 pertaining to carbon monoxide, 
and condition #16 D. and E. pertaining to compliance date extensions.
    (8) EPC Power Corporation of Bethlehem--Crozer Chester Cogeneration 
plant--OP 23-0007, effective June 8, 1995, except the expiration date of 
the operating permit.
    (9) C-P Converters, Inc.--OP 67-2030, effective August 30, 1995, 
except the expiration date of the operating permit.
    (10) Fisher Scientific--Instrument Manufacturing Division--OP 32-
000-100, effective July 18, 1995, except the expiration date of the 
operating permit.
    (11) Adelphi Kitchens, Inc.--Robesonia factory--OP 06-1001, 
effective April 4, 1995, except the expiration date of the operating 
permit.
    (12) Birchcraft Kitchens, Inc.--Reading factory--OP 06-1005, 
effective April 4, 1995, except the expiration date of the operating 
permit.
    (13) Glasgow, Inc.--Bridgeport Asphalt Plant--OP 46-0044, effective 
June 7, 1995, except the expiration date of the operating permit.
    (ii) Additional material.
    (A) Remainder of January 6, 1995, July 5, 1995, August 1, 1995, 
September 20, 1995, State submittals.
    (B) Revision to the Pennsylvania SIP dated March 18, 1996, submitted 
by the Pennsylvania Department of Environmental Protection, pertaining 
to the 1990 emission inventory for General Glass--Jeannette, 
Westmoreland County.

[38 FR 16567, June 22, 1973]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.2020, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Note:  At 61 FR 29665, June 12, 1996, Sec. 52.2020 
was amended by adding paragraphs (c)(90), (c)(91), and (c)(92), 
effective July 12, 1996.



Sec. 52.2021   Classification of regions.

    The Pennsylvania plan was evaluated on the basis of the following 
classifications:

[[Page 830]]



----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant                        
                                                      ----------------------------------------------------------
              Air quality control region               Particulate   Sulfur   Nitrogen   Carbon        Ozone    
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Philadelphia Interstate.................           I          I       III         I             I  
Northeast Pennsylvania-Upper Delaware Valley                                                                    
 Interstate..........................................           I         II       III       III           III  
South Central Pennsylvania Intrastate................           I         II       III       III           III  
Central Pennsylvania Intrastate......................           I        III       III       III           III  
Southwest Pennsylvania Intrastate....................           I          I       III         I             I  
Northwest Pennsylvania-Youngstown Interstate.........           I         II       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10889, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45 
FR 33627, May 20, 1980]



Sec. 52.2022   Extensions.

    (a) The Administrator hereby extends for 18 months the statutory 
timetable for submission of Pennsylvania's plan for attainment and 
maintenance of the secondary standards for sulfur oxides and particulate 
matter in the Southwest Pennsylvania Intrastate Region and in 
Pennsylvania's portion of the Metropolitan Philadelphia Interstate 
Region.
    (b) The Administrator hereby extends for 2 years the attainment date 
for the national standards for carbon monoxide in the Southwest 
Pennsylvania Intrastate Region, for 1 year the attainment date for the 
national standard for photochemical oxidants in the Southwest 
Pennsylvania Intrastate Region, and for 1 year the attainment date for 
the national standards for carbon monoxide in the Pennsylvania portion 
of the Metropolitan Philadelphia Interstate Region.
    (c) The Administrator hereby extends for 18 months, until July 1, 
1980, the statutory timetable for submission of Pennsylvania's plan for 
attainment and maintenance of the secondary national ambient air quality 
standard for particulate matter in Pennsylvania's portion of the 
Metropolitan Philadelphia Interstate Air Quality Control Region.
    (d) The Administrator hereby extends the attainment date for the 
national ambient air quality standard for ozone to December 31, 1987 for 
the following counties:

    Allegheny, Armstrong, Beaver, Butler, Washington, Westmoreland, 
Bucks, Chester, Delaware, Montgomery, Philadelphia, Lehigh, and 
Northampton.

    (e) The Administrator hereby extends the dates for attainment of the 
national ambient air quality standard for carbon monoxide to December 
31, 1987 in Philadelphia County and to December 31, 1985 in Allegheny 
County.

[37 FR 10889, May 31, 1972, as amended at 38 FR 32893, Nov. 28, 1973; 45 
FR 33627, May 20, 1980; 46 FR 43141, Aug 27, 1981; 50 FR 7777, Feb. 26, 
1985]



Sec. 52.2023   Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Pennsylvania's plan for attainment and maintenance of the 
national standards.
    (b) With the exceptions set forth in this subpart, the Administrator 
approves Pennsylvania's plan for the attainment and maintenance of the 
national ambient air quality standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator finds that the plan satisfies 
all requirements of Part D, Title 1, of the Clean Air Act as amended in 
1977, except as noted below.
    (c) The Allegheny County Bureau of Air Pollution Control (BAPC) 
Article XX, section 534 at paragraph D, does not fulfill its 1982 ozone 
SIP commitment to adopt all applicable control technique guidelines 
published by EPA. These regulations establish and require reasonable 
available control technology to control fugitive volatile organic 
compounds emissions (VOC) from synthetic organic chemical and polymer 
manufacturing-fugitive sources and associated test method required to 
determine compliance, but provide the Director of the Bureau authority 
to approve an alternative VOC emission reduction system and/or 
alternative monitoring procedure. The approval of any such alternatives 
by the Director of the BAPC cannot and would not amend the SIP. Only the 
Administrator of the

[[Page 831]]

United States Environmental Protection Agency (EPA) has the authority to 
approve an alternative VOC emission reduction system and/or the use of 
an alternative monitoring procedure as a revision to the SIP. Air 
Pollution Article XX, section 534 at paragraph D of the SIP will remain 
inadequate until this language providing for Director discretion is 
corrected to require that any such alternatives approved by the Director 
of BAPC must also be approved by EPA. The amended version of Article XX, 
section 534, paragraph D must be adopted by the Commonwealth, submitted 
to EPA and approved as a SIP revision to correct this deficiency in the 
Pennsylvania SIP.
    (d) Limited approval/limited disapproval of revisions to the 
Pennsylvania Regulations, Chapter 129.82 pertaining to Stage II Vapor 
Recovery and the associated definition of gasoline dispensing facilities 
in Chapter 121.1 submitted on March 4, 1992, by the Pennsylvania 
Department of Environmental Resources. The Pennsylvania Stage II 
regulation is deficient in that it does not include the testing and 
certification procedures contained in EPA's October 1991 Stage II 
guidance documents (EPA-450/3-91-022a and EPA-450/3-91-022b).
    (e)-(i)  [Reserved]
    (j) The conditionally approved Pennsylvania enhanced I/M SIP 
revision (59 FR 44936) submitted on November 3, 1993 by the Pennsylvania 
Department of Environmental Resources was converted to a disapproval by 
an April 13, 1995 letter from EPA to Pennsylvania.

[38 FR 32893, Nov. 28, 1973, as amended at 45 FR 33627, May 20, 1980; 51 
FR 18440, May 20, 1986; 53 FR 31330, Aug. 18, 1988; 59 FR 6220, Feb. 10, 
1994; 59 FR 30304, June 13, 1994; 60 FR 47085, Sept. 11, 1995; 61 FR 
16062, Apr. 11, 1996]



Sec. 52.2024   General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the legal authority to provide for public availability of emission 
data is inadequate.
    (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 55333, Nov. 28, 1975; 
51 FR 40676, Nov. 7, 1986]

[[Page 832]]



Sec. 52.2025   Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met, 
since section 5-1104 of the Philadelphia Home Rule Charter could, in 
some circumstances, prohibit the disclosure of emission data to the 
public. Therefore, section 5-1104 is disapproved.

[40 FR 55333, Nov. 28, 1975, as amended at 51 FR 40676, Nov. 7, 1986]
Secs. 52.2026--52.2029  [Reserved]



Sec. 52.2030   Source surveillance.

    (a)  [Reserved]
    (b)  [Reserved]
    (c) The requirements of Sec. 51.212 of this chapter are not met 
because the plan does not provide procedures for obtaining and 
maintaining data on actual emission reductions achieved as a result of 
implementing transportation control measures.

[37 FR 10889, May 31, 1972, as amended at 37 FR 15088, July 27, 1972; 38 
FR 12701, May 14, 1973; 38 FR 16567, June 22, 1973; 51 FR 40677, Nov. 7, 
1986; 61 FR 16062, Apr. 11, 1996]
Sec. 52.2031  [Reserved]



Sec. 52.2032   Intergovernmental cooperation.

    (a) The requirements of subpart M of this chapter are not met 
because the plan does not identify other State or local agencies or 
their responsibilities for implementing and carrying out designated 
portions of the plan.
    (b) The requirements of subpart M of this chapter are not met 
because the plan does not indicate that Pennsylvania will transmit to 
the neighboring States of Maryland, New York, and West Virginia data 
about factors which may significantly affect air quality in those 
States.

[38 FR 16568, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.2033   Control strategy: Sulfur oxides.

    (a) The revision to the control strategy resulting from the 
modification to the emission limitation applicable to the sources listed 
below or the change in the compliance date for such sources with the 
present emission limitation is hereby approved. All regulations cited 
are air pollution control regulations of the State, unless otherwise 
noted. (See Sec. 52.2036 for compliance schedule approvals and 
disapprovals pertaining to one or more of the sources listed below.)

----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved       Date of submittal   
----------------------------------------------------------------------------------------------------------------
Clairton Coke and Coal Works (U.S.     Allegheny County.......  Section 1809 (Article    12/14/72               
 Steel).                                                         XVIII).                                        
Industrial Boilers (U.S. Steel)......  ......do...............  ......do...............      Do.                
----------------------------------------------------------------------------------------------------------------

[38 FR 7459, Mar. 22, 1973]



Sec. 52.2034  Attainment dates for national standards.

    With regard to Northumberland County, Snyder County, and Allegheny 
County, Pennsylvania has not submitted a plan, as of December 31, 1979, 
providing for the attainment and maintenance of the secondary sulfur 
dioxide (SO2) standards.

[61 FR 16062, Apr. 11, 1996]



Sec. 52.2035  Photochemical Assessment Monitoring Stations (PAMS) Program.

    On September 23, 1994 Pennsylvania's Department of Environmental 
Resources (now known as the Department of Environmental Protection) 
submitted a plan for the establishment and implementation of a 
Photochemical Assessment Monitoring Stations (PAMS) Program as a state 
implementation plan (SIP) revision, as required by section 182(c)(1) of 
the Clean Air Act. EPA approved the Photochemical Assessment Monitoring 
Stations (PAMS) Program on September 11, 1995 and made it part of 
Pennsylvania SIP. As with all components of the SIP, Pennsylvania must 
implement the program as submitted and approved by EPA.

[60 FR 47084, Sept. 11, 1995]



Sec. 52.2036  1990 Baseyear Emission Inventory.

    (a) EPA approves as a revision to the Pennsylvania State 
Implementation Plan the 1990 base year carbon monoxide emission 
inventory for Philadelphia County, submitted by the Secretary, 
Pennsylvania Department of

[[Page 833]]

Environmental Protection, on September 8, 1995 and October 30, 1995. 
This submittal consists of the 1990 base year stationary, area, non-road 
mobile and on-road mobile emission inventories in Philadelphia County 
for the pollutant carbon monoxide (CO).
    (b) The U.S. Steel--Fairless Hills 1990 VOC and NOX emissions 
for six emission units (no. 3 blast furnace, no.1 open hearth furnace, 
no. 1 soaking pits and no. 2 soaking pits (units 1-8 and units 9-16), 
and 80 in. hot strip mill), submitted August 11, 1995, are approved. 
U.S. Steel--Fairless Hills is located in Montgomery County, 
Pennsylvania, which is part of the Philadelphia severe ozone 
nonattainment area. The VOC and NOX 1990 emissions from the no. 3 
blast furnace are zero for both pollutants. The VOC and NOX 1990 
emissions from the no. 1 open hearth furnace are 6.9 TPY and 455.5 TPY, 
respectively. The VOC and NOX emissions from the no. 1 soaking pits 
are 6.6 TPY and 91.8 TPY, respectively. The VOC and NOX emissions 
from the no. 2 soaking pits (units 1-8) are 1.10 TPY and 21.0 TPY, 
respectively. The VOC and NOX emissions from the no. 2 soaking pits 
(units 9-16) are 1.10 TPY and 21.0 TPY, respectively. The VOC and 
NOX emissions from the 80 in. hot strip mill are 1.9 TPY and 688.6 
TPY, respectively.
    (c) The 1990 NOX emissions for the no. 2 glass melting furnace 
at the General Glass--Jeannette plant, located in Westmoreland County, 
Pennsylvania is 508.2 tons per year. Westmoreland County is part of the 
Pittsburgh moderate ozone nonattainment area. The 1990 NOX 
emissions for the four kilns (no. 1 through 4) is 11.8 tons per year. 
This facility does not contain any other NOX emitting units.

[61 FR 2931, Jan. 30, 1996, as amended at 61 FR 15713, Apr. 9, 1996; 61 
FR 24709, May 16, 1996]



Sec. 52.2037  Control strategy: Carbon monoxide and ozone (hydrocarbons).

    (a) Part D--Conditional Approval--the Pennsylvania plan for carbon 
monoxide and ozone is approved provided that the following conditions 
are satisfied:
    (1) Firm commitments to implement the Newton Branch electrification 
are submitted to EPA by December 30, 1980. If firm commitments are not 
submitted, the State must submit substitute measures with equivalent 
reductions by June 30, 1981.
    (b)(1)(i) Determination--EPA has made a determination, effective 
August 15, 1996, that the Pittsburgh-Beaver Valley ozone nonattainment 
area (the Pittsburgh area) is no longer in attainment of the National 
Ambient Air Quality Standard for ozone due to monitored violations of 
the standard. Therefore, effective August 15, 1996, EPA is revoking the 
determination of attainment for the area made July 19, 1995, and is 
reinstating the reasonable further progress and attainment demonstration 
requirements of section 182(b)(1) and contingency measure requirements 
of section 172(c)(9) of the Clean Air Act beginning on August 15, 1996. 
With regard to the attainment demonstration requirements, EPA has 
determined that the following schedule is reasonable for the 
development, adoption, and submittal of an attainment demonstration by 
the Commonwealth of Pennsylvania (the Commonwealth).
    (A) By August 15, 1996, the Commonwealth must submit to EPA, and 
make available for public comment as a proposed SIP submission, complete 
photochemical oxidant modeling for the Pittsburgh area which identifies 
the VOC and NOX reductions levels necessary for attainment, and a 
list of available control strategies.
    (B) By October 1, 1996, the Commonwealth must submit to EPA a SIP 
revision containing a photochemical oxidant modeling demonstration and a 
list of available control strategies.
    (C) By April 1, 1997, the Commonwealth must submit to EPA a full SIP 
revision for those emission reduction strategies selected by the 
Commonwealth for the Pittsburgh area for which new regulations are not 
required.
    (D) By April 1, 1997, the Commonwealth must submit to EPA a 
committal SIP revision for those emission reduction strategies selected 
by the Commonwealth for the Pittsburgh area that require new 
regulations.
    (E) By December 31, 1997, the Commonwealth must submit to EPA as a

[[Page 834]]

SIP revision adopted final fully enforceable regulations encompassing 
the emission reduction strategies contained in the committal SIP.
    (ii) Unless the Commonwealth makes the required submittal to EPA, 
the sanctions and sanction clocks halted by the July 19, 1995 action 
suspending the attainment demonstration requirements at issue will be 
reinstated, as to each of the submittals included in this milestone 
schedule, two weeks after the date set for each of the submittals by the 
Commonwealth to EPA. If the Commonwealth fails to make a submission by 
the required date, the offset sanction would go back into effect two 
weeks after the relevant milestone date, and the highway sanction clock 
would be reinstated at that time where it was halted on July 19, 1995 
(i.e., with approximately 6 months remaining). Sanctions or sanctions 
clocks would be stopped if the Commonwealth makes the relevant overdue 
submittal, if EPA affirmatively determines in writing that the actual 
material submitted by the Commonwealth contains the information 
necessary to enable EPA to determine whether the Commonwealth's 
submission complies with the pertinent milestone requirement. EPA shall 
make the determination, in writing, as to whether the submittal contains 
the necessary information within two weeks of the actual submission date 
by the Commonwealth. In the event the Commonwealth makes a required 
submittal by the pertinent milestone date, EPA shall, within two weeks 
of the milestone date, make a determination, in writing, as to whether 
the actual material submitted by the Commonwealth contains the 
information necessary to enable EPA to determine whether the 
Commonwealth's submission complies with the pertinent milestone 
requirement. If EPA determines that the material submitted to EPA by the 
Commonwealth fails to satisfy this minimum criterion, the offset 
sanction would be reinstated upon that determination by EPA and the 
highway sanction clock would be reinstated at that time where it was 
halted on July 19, 1995 (i.e., with approximately 6 months remaining). 
Sanctions or sanctions clocks would be stopped if the Commonwealth 
subsequently makes a submittal to cure the deficiencies identified by 
EPA, and if EPA affirmatively determines in writing that the material 
submitted by the Commonwealth cures the identified deficiencies. EPA 
shall make the determination as to the adequacy of the submittal within 
two weeks of the date of the actual submittal to EPA. Each of the 
determinations referred to in this subparagraph shall be made in 
writing, in a letter to the Secretary of the Pennsylvania Department of 
Environmental Protection and made publicly available. In those instances 
where EPA determines that the Commonwealth's submittal does not contain 
the information necessary to enable EPA to determine whether the 
Commonwealth's submission complies with the pertinent milestone 
requirement, EPA's letter so informing the Commonwealth will articulate 
the basis for EPA's determination, specify the remedy, and identify the 
actions necessary by the Commonwealth to remedy its submission to 
satisfy the relevant milestone. With respect to the 15 percent plan and 
contingency measure requirements that are being reinstated as of August 
15, 1996, the FIP clock will be reinstated at that time, with one day 
less than six months to run. With respect to the elements of the 
attainment demonstration, the FIP clock will resume as to each element 
(the date on which the sanctions would be reinstated if the submissions 
were not made), with one day less than six months to run.
    (2) Determination--EPA has determined that, as of July 19, 1995, the 
Reading ozone nonattainment area has attained the ozone standard and 
that the reasonable further progress and attainment demonstration 
requirements of section 182(b)(1) and related requirements of section 
172(c)(9) of the Clean Air Act do not apply to this area for so long as 
the area does not monitor any violations of the ozone standard. If a 
violation of the ozone NAAQS is monitored in the Reading ozone 
nonattainment area, these determinations shall no longer apply.
    (c) VOC and NOX RACT determination for six emission units at 
U.S. Steel--Fairless: no. 3 blast furnace, no. 1 open hearth furnace, 
no. 1 soaking pits, no. 2 soaking pits (units 1-8), no.

[[Page 835]]

2 soaking pits (units 9-16), 80 in. hot strip mill. The NOX RACT 
determination for all the soaking pits and the 80 in. hot strip mill is 
low excess air (LEA), which is expected to result in a 13.5% emission 
reduction. NOX RACT for the other sources is determined to be good 
operating practices to minimize NOX emissions. VOC RACT for all the 
above sources is determined to be good operating practices to minimize 
VOC emissions.
    (d) NOX RACT determination for the no. 2 glass melting furnace 
and the four kilns at the General Glass--Jeannette plant, which 
manufactured flat glass, is the current operation, consisting of no 
additional controls.

[46 FR 17553, Mar. 19, 1981, as amended at 47 FR 8359, Feb. 26, 1982; 47 
FR 25010, June 9, 1982; 60 FR 37018, July 19, 1995; 61 FR 15713, Apr. 9, 
1996; 61 FR 24709, May 16, 1996; 61 FR 28066, June 4, 1996]

    Effective Date Note:  At 61 FR 28066, June 4, 1996, Sec.  52.2037 
was amended by revising paragraph (b)(1), effective Aug. 15, 1996. For 
the convenience of the user the superseded text is set forth as follows:
Sec. 52.2037   Control Strategy: Carbon Monoxide and Ozone .

                                * * * * *

    (b)(1) Determination--EPA has determined that, as of July 19, 1995, 
the Pittsburgh-Beaver Valley ozone nonattainment area has attained the 
ozone standard and that the reasonable further progress and attainment 
demonstration requirements of section 182(b)(1) and related requirements 
of section 172(c)(9) of the Clean Air Act do not apply to this area for 
so long as the area does not monitor any violations of the ozone 
standard. If a violation of the ozone NAAQS is monitored in the 
Pittsburgh-Beaver Valley ozone nonattainment area, these determinations 
shall no longer apply.

                                * * * * *

Secs. 52.2038--52.2053  [Reserved]



Sec. 52.2054  Control of asphalt paving material.

    (a) Notwithstanding any provisions to the contrary in the 
Pennsylvania Implementation Plan, the Pennsylvania Department of 
Transportation shall restrict the annual usage of asphalts to the limits 
listed below in the following sixteen county area of Pennsylvania: 
Allegheny, Armstrong, Beaver, Butler, Cambria, Clarion, Fayette, Green, 
Indiana, Jefferson, Lawrence, Mercer, Somerset, Venango, Washington, and 
Westmoreland Counties:
    (1) No more than twenty percent of the total amount of liquid 
bituminous asphalt paving material used shall be cutback asphalt; and
    (2) No more than 2,615,000 gallons of cutback asphalts shall be 
used, of which no more than 1,400,000 gallons may be used for dust 
palliative work on roadways and shoulders; and
    (3) No more than 2,500,000 gallons total of emulsion Class E-4 and 
Class E-5 shall be used unless an equivalent reduction in the use of 
cutbacks is made to balance the additional hydrocarbon emissions from 
emulsions.
    (b) The Pennsylvania Department of Transportation is required to 
submit to the Pennsylvania Department of Environmental Resources, on a 
quarterly basis, reports which list for each of the affected counties 
the number of gallons of each class of asphalt used. The first quarterly 
reports will be submitted in October 1977 for the period between July 1, 
1977, and September 30, 1977. Copies of all reports will also be 
forwarded to Region III, EPA.

[42 FR 54417, Oct. 6, 1977]



Sec. 52.2055  Review of new sources and modifications.

    (a) Special permit requirement regulations are approved.
    (b) [Reserved]

[39 FR 7283, Feb. 25, 1974, as amended at 46 FR 17554, Mar. 19, 1981; 46 
FR 51742, Oct. 22, 1981; 47 FR 8359, Feb. 26, 1982; 60 FR 33924, June 
29, 1995]
Sec. 52.2056  [Reserved]



Sec. 52.2057  Requirements for state implementation plan revisions relating to new motor vehicles.

    Pennsylvania must comply with the requirements of Sec. 51.120.

[60 FR 4738, Jan. 24, 1995]



Sec. 52.2058  Prevention of significant air quality deterioration.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are met by the regulations (25 PA Code

[[Page 836]]

Sec. 127.81 through 127.83) adopted by the Pennsylvania Environmental 
Resources on October 28, 1983. All PSD permit applications and requests 
for modifications thereto should be submitted to: Pennsylvania 
Department of Environmental Resources, Bureau of Air Quality Control, 
200 North Third Street, Harrisburg, PA 17120, ATTN: Abatement and 
Compliance Division.

[49 FR 33128, Aug. 21, 1984]



Sec. 52.2059  Control strategy: Particulate matter.

    (a) Pennsylvania has committed to undertake a comprehensive program 
to investigate non-traditional sources, industrial process fugitive 
particulate emissions, alternative control measures, and to develop and 
implement an effective control program to attain the primary and 
secondary NAAQS for particulates. The schedule for this study is as 
follows:

  Schedule for Investigating and Controlling Nontraditional Particulate 
                            Matter Emissions                            
------------------------------------------------------------------------
                   Task                            Completion date      
------------------------------------------------------------------------
Scheduled tasks:                                                        
  1. Quantify nontraditional sources......  June 1, 1980.               
  2. Investigate control techniques.......  Apr. 1, 1982.               
  3. Investigate source-receptor            June 1, 1980.               
   relationship.                                                        
Analysis and control strategy development:                              
  1. Analyze Nonattainment Areas..........  July 1, 1981.               
  2. Develop Control Strategies...........  Jan. 1, 1982.               
  3. Develop, Adopt, Submit SIP...........  July 1, 1982.               
  4. Implement SIP........................  Begin--7/1/82.              
------------------------------------------------------------------------

[45 FR 33628, May 20, 1980]



Sec. 52.2060  Small Business Assistance Program.

    On February 1, 1993, the Secretary of the Pennsylvania Department of 
Environmental Resources submitted a plan for the establishment and 
implementation of the Small Business Assistance Program as a state 
implementation plan (SIP) revision, as required by Title V of the Clean 
Air Act Amendments. EPA approved the Small Business Assistance Program 
on March 6, 1995, and made it part of the Pennsylvania SIP. As with all 
components of the SIP, Pennsylvania must implement the program as 
submitted and approved by EPA.

[60 FR 1741, Jan. 5, 1995]



                        Subpart OO--Rhode Island



Sec. 52.2070   Identification of plan.

    (a) Title of plan: ``Plan for Implementation, Maintenance and 
Enforcement of National Primary and Secondary Ambient Air Quality 
Standards in the Metropolitan Providence Interstate Air Quality Control 
Region'' for the State of Rhode Island.
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Notice of public hearing submitted on February 9, 1972, by the 
Rhode Island Department of Health.
    (2) Miscellaneous non-regulatory additions to the plan correcting 
minor deficiencies submitted on February 29, 1972, by the Rhode Island 
Department of Health.
    (3) Regulation 12 requiring prevention and control of air pollution 
from incinerators submitted on March 7, 1973, by the Rhode Island 
Department of Health.
    (4) Regulation 13 requiring prevention and control of air pollution 
from fuel burning equipment submitted on March 19, 1973, by the Rhode 
Island Department of Health.
    (5) Compliance schedules submitted on April 24, 1973, by the Rhode 
Island Department of Health.
    (6) Revisions to Regulation 10, Air Pollution Episodes, submitted on 
January 25, 1974, by the Rhode Island Department of Health.
    (7) AQMA identifications submitted on April 11, 1974, by the Rhode 
Island Department of Health.
    (8) Revision to Regulation 8, Limitation of Sulfur in Fuels, 
submitted on May 22, 1974, by the Rhode Island Department of Health.
    (9) Letter identifying Metropolitan Providence as an AQMA submitted 
on September 6, 1974, by the Governor.
    (10) Revision to Regulation 14, Source Recordkeeping and Reporting, 
submitted on September 5, 1973, by the Rhode Island Department of 
Health.

[[Page 837]]

    (11) A comprehensive air quality monitoring plan, intended to meet 
requirements of 40 CFR part 58, was submitted by the Rhode Island 
Department of Environmental Management Director on January 8, 1980.
    (12) Attainment plans to meet the requirements of Part D of the 
Clean Air Act, as amended in 1977, were submitted on May 14, 1979, June 
11, 1979, August 13, 1979, January 8, January 24, March 10, March 31, 
April 21, June 6, June 13, August 20, November 14, March 4, March 5, and 
April 16, 1981. Included are plans to attain the carbon monoxide and 
ozone standards and information allowing for the redesignation of 
Providence to non-attainment for the primary TSP standard based on new 
data. A program was also submitted for the review of construction and 
operation of new and modified major stationary sources of pollution in 
non-attainment areas. Certain miscellaneous provisions unrelated to Part 
D are also included.
    (13) A revision to Regulation 8, ``Sulfur Content in Fuels,'' for 
the Narragansett Electric Company, Providence, submitted on August 28, 
1980 by the Director of the Department of Environmental Management.
    (14) A revision to Regulation 8, ``Limitation of Sulfur in Fuels,'' 
submitted on January 30, 1981, by the Director of the Rhode Island 
Division of Air Resources allowing Bradford Dyeing Association, 
Westerly, to burn higher sulfur fuel oil, temporarily.
    (15) Revisions for Group II CTGs: Storage of Petroleum Liquids--
External Floating Roof Vessels (Regulation 11.6); and revisions to 
existing regulations: Stage I Vapor Controls (Regulation 11.5), 
Hazardous Waste Incinerators (Regulation 12.7.1), and Control of Solvent 
Metal Cleaning Emissions (Regulation 18) were submitted on January 9, 
July 23, and August 17, 1981.
    (16) Variances from Regulations 8, ``Sulfur Content in Fuels'' and 
13, ``Particulate Emissions from Fossil Fired Steam or Hot Water 
Generating Units'', for Kenyon Piece Dye Works, Richmond, submitted on 
July 1, 1982.
    (17) Revisions to Regulations 8, ``Sulfur Content of Fuels'' and 13, 
``Particulate Emissions from Fossil Fuel Fired Steam or Hot Water 
Generating Units'' were submitted on November 9, 1982 by the Division of 
Air and Hazardous Materials.
    (18) Revisions to Air Pollution Control Regulation Number 9, 
Approval to Construct, Install, Modify, or Operate (except to subsection 
9.1.1), and Section VI, Part II, ``Stationary Source Permitting and 
Enforcement'' of the narrative as submitted by the Department of 
Environmental Management on May 14, 1982 and July 1, 1982 for review of 
new major sources and major modifications in nonattainment areas. Also 
included are revisions to add rules for banking emission reductions.
    (19) Revisions to the Rhode Island State Implementation Plan for 
attainment of the primary National Ambient Air Quality Standard for 
ozone as submitted on May 14, 1982; July 1, 1982; July 7, 1982; October 
4, 1982 and March 2, 1983 by the Department of Environmental Management. 
Also included are generic bubble rules which provide for regulatory 
flexibility for VOC sources subject to RACT requirements under 
Regulations 15, 19 and 21 of the Rhode Island SIP
    (20) Revisions to attain and maintain the lead NAAQS as submitted on 
July 7, 1983 by the Department of Environmental Management.
    (21) The permit issued to the University of Rhode Island in Kingston 
approving a three-year bubble to control sulfur dioxide emissions. The 
Rhode Island Department of Environmental Management issued the permit in 
accordance with Regulation 8, Sec. 8.3.2, ``Emissions Bubbling'' and 
submitted it to EPA as a SIP revision on January 16, 1984.
    (22) Revisions to Regulation 9, ``Approval to Construct, Install, 
Modify or Operate'', and Section VI, Part II of the associated narrative 
of the Rhode Island SIP, to incorporate the requirements for the 
Prevention of Significant Deterioration of 40 CFR 51.24, permitting 
major stationary sources of lead and other miscellaneous changes as 
submitted on February 6, 1984 by the Rhode Island Department of 
Environmental Management. Clarifying letters dated January 27, 1984 and 
June 6, 1984.
    (23) Revisions to Air Pollution Control Regulation 8, ``Sulfur 
Content of Fuels,'' submitted on July 19, 1983,

[[Page 838]]

specifying maximum sulfur-in-coal limits (1.21 lbs/MMBtu on a 30-day 
rolling average and 2.31 lbs/MMBtu on a 24-hour average) for the 
Narragansett Electric Company South Street Station in Providence. These 
revisions approve Section 8.3.4, ``Large Fuel Burning Devices Using 
Coal,'' for South Street Station only.
    (24) Revisions to the State Implementation Plan were submitted by 
the Rhode Island Department of Environmental Management on May 28, 1985 
and October 15, 1985.
    (i) Incorporation by reference. (A) Amendments to Regulation 8, 
``Sulfur Content of Fuels'' at 8.4.1(b) requiring owners/operators of 
fuel burning sources to have a sampling valve in the fuel line to the 
boiler to facilitate fuel sampling, amended on May 2, 1985.
    (B) Amendments to Regulation 9, ``Approval to Construct, Install, 
Modify, or Operate'' requiring best available control technology (BACT) 
for each air pollutant emitted when permitting all new stationary 
sources and modifications not otherwise subject to lowest achievable 
emission rate (LAER) requirements under Rhode Island's approved new 
source review plan. The amended sections are 9.1.9, 9.1.14, 9.1.21, 
9.1.22, 9.1.33, 9.1.36, 9.3.1, 9.3.3, 9.5.3, and 9.13.1. Regulation 9 
was incorporated by reference in its present form on July 6, 1984 at 
paragraph (c)(22), above. The entire Regulation is being reincorporated 
by reference here to maintain consistency in the numbering and format, 
amended May 2, 1985.
    (ii) October 15, 1985 letter from Rhode Island DEM to EPA which 
commits to implement the stack height related requirements of Regulation 
9 in accordance with the Stack Height regulations at 40 CFR part 51, 
subpart B.
    (25) A revision submitted on December 16, 1985 and January 23, 1986 
allowing the burning of 2.2% sulfur content fuel oil at the Seville 
Dyeing Corporation facility in Woonsocket, Rhode Island for a period of 
up to 30 months, commencing on August 1, 1986, the savings from which 
will be used to pay for permanent energy conservation measures to reduce 
on-site consumption of petroleum products by at least 50,000 gallons per 
year (estimated 250,000 gallons per year).
    (i) Incorporation by reference.
    (A) Letter from Doug L. McVay, Principal Engineer, to Seville Dyeing 
Corporation, dated December 16, 1985 allowing the temporary use of less 
expensive 2.2% sulfur fuel oil until February 1, 1989. At the end of the 
temporary use period, Seville Dyeing Corporation will return to the use 
of 1.0% sulfur fuel oil. The particulate emission rate for the facility 
will not exceed 0.15 lbs per million Btu.
    (B) Letter to Louis F. Gitto, Director of Air Management Division, 
EPA Region I from Thomas D. Getz, Director of Air & Hazardous Materials, 
RI DEM dated January 23, 1986; subject: Response to EPA questions 
regarding Seville Dyeing Corporation, and outline of the permanent 
energy conservation measures to be used.
    (26) Revisions submitted on November 5, 1985, June 16, 1986 and 
November 3, 1986 by the Rhode Island Department of Environmental 
Management (DEM) consisting of an administrative consent agreement 
between the DEM's Division of Air and Hazardous Materials and Whitman 
Products Limited (now James River Corporation's Decorative Product 
Division) in Johnston, Rhode Island. When the consent agreement expires 
on December 31, 1986, James River Corporation will be subject to the 
emission limits in Rhode Island Regulation No. 19, subsection 19.3.1.
    (i) Incorporation by reference.
    (A) An administrative consent agreement between the Rhode Island and 
Providence Plantation Department of Environmental Management and Whitman 
Products Limited. The consent agreement became effective on May 29, 
1985.
    (B) Letters of June 16, 1986 and September 17, 1985 from the 
Department of Environmental Management to EPA.
    (ii) Additional material.
    (A) Letter submitted on November 3, 1986 affirming that a sufficient 
growth margin exists, below the level of emissions necessary to show 
attainment of the national ambient air quality standard for ozone in 
Rhode Island, to absorb the increased emissions resulting from this 
compliance date extension.

[[Page 839]]

    (27) Revision submitted on November 5, 1985 by the Rhode Island 
Department of Environmental Management consisting of an administrative 
consent agreement defining reasonably available control technology for 
Stanley Bostitch (formerly Bostitch Division
    (i) Incorporation by reference.
    (A) An administrative consent agreement between the Rhode Island 
Department of Environmental Management and Bostitch Division of Textron. 
The consent agreement became effective on June 6, 1985 and requires 
Bostitch Division of Textron to reformulate certain solvent-based 
coatings to low/no solvent formulations by December 31, 1986.
    (B) A letter to Bostitch Division of Textron from the Rhode Island 
Department of Environmental Management dated September 20, 1985 which 
serves as an addendum to the consent agreement. The addendum defines the 
emission limitations which Bostitch's Division of Textron reformulated 
coatings must meet.
    (28) Revision submitted on November 5, 1985 by the Rhode Island 
Department of Environmental Management consisting of an administrative 
consent agreement granting a final compliance date extension for the 
control of organic solvent emissions from sixpaper coating lines at 
Keene Corporation in East Providence, Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated November 5, 1985 submitting revisions to the Rhode 
Island State Implementation Plan.
    (B) An administrative consent agreement between the Rhode Island 
Department of Environmental Management and Keene Corporation, effective 
on September 12, 1985.
    (29) Revisions submitted on November 5, 1985, February 21, 1986, 
April 15, 1987 and May 14, 1987 by the Rhode Island Department of 
Environmental Management consisting of an administrative consent 
agreement defining alternative reasonably available control technology 
for Kenyon Industries in Kenyon, Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the State of Rhode Island and Providence Plantations 
dated April 15, 1987 submitting revisions for Kenyon Industries to the 
Rhode Island State Implementation Plan.
    (B) An administrative consent agreement between the State of Rhode 
Island and Providence Plantations Department of Environmental Management 
and Kenyon Industries, Inc., signed on December 31, 1986.
    (ii) Additional material.
    (A) A letter dated May 14, 1987 from the Department of Environmental 
Management containing technical support demonstrating that the revised 
consent agreement is at least as stringent as the consent agreement 
between the Rhode Island Department of Environmental Management and 
Kenyon effective in Rhode Island May 13, 1985.
    (B) Original consent agreement between the Rhode Island Department 
of Environmental Management and Kenyon effective on May 13, 1985 
submitted to EPA on November 5, 1985.
    (C) Letter dated February 21, 1986 from Rhode Island describing 
required recordkeeping for Kenyon.
    (30) Revisions to the State Implementation Plan were submitted by 
Rhode Island Department of Environmental Management on February 27, 
1987. These revisions were effective as of January 20, 1987 in the State 
of Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated February 27, 1987 submitting revisions to the Rhode 
Island State Implementation Plan.
    (B) Amendment to Air Pollution Control Regulation No. 11, at 
subsection 11.4.5 adopted on January 20, 1987 in Rhode Island.
    (C) Amendment to Air Pollution Control Regulation No. 19, at 
subsection 19.7.1 adopted on January 20, 1987 in Rhode Island.
    (D) Amendment to Air Pollution Control Regulation No. 21, at 
subsection 21.6.1 adopted on January 20, 1987 in Rhode Island.
    (31) [Reserved]
    (32) Revisions submitted on May 6, 1987, October 15, 1987, and 
January 4, 1988 by the Rhode Island Department of Environmental 
Management consisting

[[Page 840]]

of an administrative consent agreement which defines and imposes RACT to 
control volatile organic comp
    (i) Incorporation by reference.
    (A) An administrative consent agreement (86-12-AP), except for 
Provisions 7 and 8, between the Rhode Island Department of Environmental 
Management and Tech Industries effective June 12, 1986.
    (B) An addendum to the administrative consent agreement (86-12-AP) 
between the Rhode Island Department of Environmental Management and Tech 
Industries. The addendum was effective November 24, 1987.
    (C) Letters dated May 6, 1987; October 15, 1987; and January 4, 1988 
submitted to the Environmental Protection Agency by the Rhode Island 
Department of Environmental Management.
    (33) Revisions to federally approved Air Pollution Control 
Regulation Number 11 submitted on November 7, 1988 and April 24, 1989 by 
the Rhode Island Department of Environmental Management, limiting the 
volatility of gasoline from May 1 through September 15, beginning 1989 
and continuing every year thereafter, including any waivers to such 
limits Rhode Island may grant. In 1989, the control period will begin on 
June 30.
    (i) Incorporation by reference.
    (A) Amendments to Rhode Island Air Pollution Control Regulation No. 
11, effective July 5, 1979, entitled, ``Petroleum Liquids Marketing and 
Storage,'' sections 11.7.1 filed with the Secretary of State of Rhode 
Island on August 11, 1988, and effective in the State of Rhode Island on 
August 31, 1988.
    (B) Amendments to Rhode Island Air Pollution Control Regulation No. 
11, effective July 5, 1979, entitled, ``Petroleum Liquids Marketing and 
Storage,'' amendmends to section 11.7.2 filed with the Secretary of 
State of Rhode Island on April 27, 1989, and effective in the State of 
Rhode Island on May 17, 1989.
    (34) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on April 28, 1989, 
approving a renewal of a sulfur dioxide bubble for the University of 
Rhode Island originally approved at paragraph (c)(21), of this section.
    (i) Incorporation by reference.
    (A) A renewal of an emissions bubble for the University of Rhode 
Island effective December 26, 1986.
    (35) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on April 26, 1990, 
which define and impose RACT to control volatile organic compound 
emissions from Providence Metallizing in Pawtucket, Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated April 26, 1990, submitting a revision to the Rhode 
Island State Implementation Plan.
    (B) An administrative consent agreement (87-2-AP) between the Rhode 
Island Department of Environmental Management and Providence Metallizing 
effective July 24, 1987.
    (C) An amendment to the administrative consent agreement (87-2-AP) 
between the Rhode Island Department of Environmental Management and 
Providence Metallizing effective May 4, 1989.
    (D) An addendum to the administrative consent agreement (87-2-AP) 
between the Rhode Island Department of Environmental Management and 
Providence Metallizing effective April 24, 1990.
    (ii) Additional materials.
    Nonregulatory portions of the State submittal.
    (36) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on May 24, 1990, 
which define and impose RACT to control volatile organic compound 
emissions from Tillotson-Pearson in Warren, RhodeIsland.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated May 24, 1990 submitting a revision to the Rhode Island 
State Implementation Plan.
    (B) An Administrative consent agreement (90-1-AP) between the Rhode 
Island Department of Environmental Management and Tillotson-Pearson 
effective June 5, 1990.
    (37) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental

[[Page 841]]

Management dated November 3, 1989, November 21, 1989, February 1, 1990 
and September 19, 1990.
    (i) Incorporation by reference. (A) Letters from the Rhode Island 
Department of Environmental Management dated November 3, 1989, November 
21, 1989, February 1, 1990 and September 19, 1990 submitting revisions 
to the Rhode Island State ImplementationPlan.
    (B) Amendments to Rhode Island's Air Pollution Control Regulation 
Number 6, amended and effective November 22, 1989.
    (C) Amendments to Rhode Island's Air Pollution Control Regulation 
Numbers 11; 15, excluding subsections 15.1.16 and 15.2.2; 18, excluding 
subsections 18.1.8, 18.2.1, 18.3.2(d), 18.3.3(f), and 18.5.2; 19, 
excluding subsections 19.1.11, 19.2.2, and 19.3.2(a); and 21, except 
subsections 21.1.15 and 21.2.2, and portion of subsection 21.5.2(h) 
which states ``equivalent to'' in the parenthetical, amended and 
effective December 10, 1989.
    (38) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on May 22, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated May 22, 1991 submitting a revision to the Rhode Island 
State Implementation Plan.
    (B) Section 9.1.36 ``baseline concentration,'' section 9.1.39 
``increment,'' section 9.1.40 ``major source baseline date,'' section 
9.1.42 ``minor source baseline date,'' section 9.1.43 ``net emissions 
increase,'' and section 9.15.1(c)(5)--exclusion from NO2 increments 
due to SIP-approved temporary increases of emissions, of the Rhode 
Island Air Pollution Control Regulation No. 9 entitled ``Approval to 
Construct, Install, Modify or Operate,'' effective in the State on May 
20, 1991.
    (ii) Additional materials,
    (A) Nonregulatory portions of the state submittal.
    (39) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on January 12, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management, dated January 12, 1993, submitting a revision to the Rhode 
Island State Implementation Plan.
    (B) Rhode Island Department of Environmental Protection, Division of 
Air and Hazardous Materials, Air Pollution Control Regulation No. 11, 
entitled ``Petroleum Liquids Marketing Storage,'' submitted to the 
Secretary of State on January 11, 1993.
    (C) Letter from the Rhode Island Department of Environmental 
Protection, dated February 10, 1993, stating that Regulation No. 11 
became effective on January 31, 1993, 20 days after being filed with the 
Secretary of State.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (40) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on November 13, 
1992.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated November 13, 1992 submitting a revision to the Rhode 
Island State Implementation Plan.
    (B) Rhode Island Department of Environmental Protection, Division of 
Air and Hazardous Materials, Air Pollution Control Regulations No. 19, 
entitled ``Control of Volatile Organic Compounds from Surface Coating 
Operations,'' submitted to the Secretary of State on October 30, 1992 
and effective on November 20, 1992.
    (C) Rhode Island Department of Environmental Protection, Division of 
Air and Hazardous Materials, Air Pollution Control Regulations No. 25, 
entitled ``Control of Volatile Organic Compound Emissions from Cutback 
and Emulsified Asphalt,'' submitted to the Secretary of State on October 
30, 1992 and effective on November 20, 1992.
    (D) Rhode Island Department of Environmental Protection, Division of 
Air and Hazardous Materials, Air Pollution Control Regulations No. 26, 
entitled ``Control of Organic Solvent Emissions from Manufacture of 
Synthesized Pharmaceutical Products,'' submitted to the Secretary of 
State on October 30, 1992 and effective on November 20, 1992.
    (ii) Additional materials.

[[Page 842]]

    (A) Letter from the Rhode Island Department of Environmental 
Protection, dated February 10, 1993, clarifying the November 13, 1992 
revision to the SIP.
    (B) Nonregulatory portions of the submittal.
    (41) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on March 11, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated March 5, 1993 submitting a revision to the Rhode Island 
State Implementation Plan.
    (B) Rhode Island's Air Pollution Control Regulation No. 9 entitled, 
``Air Pollution Control Permits,'' except for Chapter 9.13, Application 
for an Air Toxics Operating Permit; Chapter 9.14, Administrative Action: 
Air Toxics Operating Permits; and Chapter 9.15, Transfer of an Air 
Toxics Operating Permit; and Appendix A, Toxic Air Pollutants, Minimum 
Quantities. This regulation was effective in the State of Rhode Island 
on March 24, 1993.
    (ii) Additional materials.
    (A) A fact sheet on the proposed amendments to Regulation No. 9 
entitled, ``Approval to Construct, Install, Modify or Operate''.
    (B) Nonregulatory portions of the State submittal.
    (42) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on January 12, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated January 12, 1993 submitting a revision to the Rhode 
Island State Implementation Plan.
    (B) Revisions to Air Pollution Control Regulation No. 14, ``Record 
Keeping and Reporting,'' filed with the Secretary of State on January 
11, 1993 and effective in the State of Rhode Island on January 31, 1993.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (43) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on March 15, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated March 15, 1994 submitting a revision to the Rhode 
Island State Implementation Plan.
    (B) Rhode Island Department of Environmental Management, Division of 
Air Resources, Air Pollution Control Regulation No. 32, ``Control of 
Volatile Organic Compounds from Marine Vessel Loading Operations'' 
effective in the State of Rhode Island on March 31, 1994, with the 
exception of Section 32.2.2 which Rhode Island did not submit as part of 
the SIP revision.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (44) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on June 27, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated June 27, 1995 submitting a revision to the Rhode Island 
State Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the State of Rhode Island effective on July 17, 1995: Air 
Pollution Control Regulation No. 30, Control of Volatile Organic 
Compounds from Automotive Refinishing Operations.
    (45) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on May 15, 1995
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Protection dated May 15, 1995 submitting a revision to the Rhode Island 
State Implementation Plan.
    (B) Air Pollution Control Regulation 29.3 ``Emissions Caps''; 
effective in the State of Rhode Island on May 18, 1995.
    (ii) Additional materials.
    (A) Non-regulatory portions of the submittal.

[37 FR 10891, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.2070, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

[[Page 843]]



Sec. 52.2071   Classification of regions.

    The Rhode Island plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Metropolitan Providence Interstate........................           I          I       III         I          I
----------------------------------------------------------------------------------------------------------------

[37 FR 10891, May 31, 1972, as amended at 38 FR 34325, Dec. 13, 1973; 39 
FR 16347, May 8, 1974; 46 FR 25460, May 7, 1981]



Sec. 52.2072  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Rhode Island's plan, as identified in Sec. 52.2070 of this 
subpart, for the attainment and maintenance of the national standards 
under section 110 of the Clean Air Act. Furthermore, the Administrator 
finds the plan satisfies all requirements of Part D, Title I, of the 
Clean Air Act, as amended in 1977, except as noted below. In addition, 
continued satisfaction of the requirements of Part D for the ozone 
portion of the SIP depends on the adoption and submittal of RACT 
requirements by January 1, 1981 for the sources covered by CTGs issued 
between January 1978 and January 1979 and adoption and submittal by each 
subsequent January as additional RACT requirements for sources covered 
by CTGs issued by the previous January.

[46 FR 25460, May 7, 1981]



Sec. 52.2073   General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the plan does not provide for public availability of emission 
data.
    (b) Regulation for public availability of emission data.
    (1) Information obtained from owner or operators of stationary 
sources pursuant to Sec. 52.2075 will be correlated with applicable 
emission limitations and other control regulations and will be made 
available for public inspection at the Rhode Island Department of 
Health, 204 Health Building, Providence, RI.

[37 FR 10891, May 31, 1972, as amended at 41 FR 2232, Jan. 15, 1976; 51 
FR 40676, Nov. 7, 1986]



Sec. 52.2074   Legal authority.

    (a) The requirements of Sec. 51.230(e) of this chapter are not met. 
Authority to require recordkeeping is deficient to the extent that 
section 23-25-13 requires only those sources with an air pollution 
control program to keep records.
    (b) The requirements of Sec. 51.230(f) of this chapter are not met. 
Authority to release emission data to the public is deficient in that 
section 23-25-6 requires that only records concerning investigations be 
available to the public. Further, section 23-25-5(g) and section 23-25-
13 may limit the State's authority to release emission data. Authority 
to require sources to install and maintain monitoring equipment is not 
provided and is therefore inadequate. Authority to require sources to 
periodically report is not provided and is therefore inadequate.

[37 FR 10891, May 31, 1972, as amended at 39 FR 7283, Feb. 25, 1974; 39 
FR 12350, Apr. 5, 1974; 51 FR 40676, Nov. 7, 1986]



Sec. 52.2075   Source surveillance.

    (a) The requirements of Sec. 51.211 of this chapter are not met 
since the plan lacks adequate legal authority to require owners or 
operators of stationary sources to maintain records of, and periodically 
report information as may

[[Page 844]]

be necessary to enable the state to determine whether such sources are 
in compliance with applicable portions of the control strategy.
    (b) Regulation for source recordkeeping and reporting.
    (1) The owner or operator of all stationary sources which have the 
potential to emit a total of 100 tons or more per year of any one air 
contaminant for which there is a national standard shall maintain 
records of, and submit to the Director, data on operational processes, 
fuel usage, emission, stack parameters, boiler capacities, types of 
equipment generating air contaminants and air contaminant control 
devices that may be necessary to determine if the source is in 
compliance with applicable rules and regulations of the Department. Upon 
notification of the Administrator, or the Director of the Rhode Island 
Department of Health, sources with the potential to emit less than 100 
tons per year of any air contaminant shall also be subject to the 
requirements of this paragraph. For the purposes of this paragraph, 
potential emissions shall be calculated at the design load assuming no 
control equipment is in use and fuel having a sulfur content of 2.2 
percent by weight (dry basis) is being burned.
    (2) The information recorded by the owner or operator of a 
stationary source shall be summarized and reported to the Director of 
the Department of Health on forms furnished by him. They shall be 
submitted within 30 days following 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 the 
summarizing reports submitted to the Director shall be retained by the 
owner or operator for two years after the date on which the pertinent 
report is submitted.

[41 FR 2232, Jan. 15, 1976, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.2076  Attainment of dates for national standards.

    The following table presents the latest dates by which the national 
standards are to be attained. These dates reflect the information 
presented in Rhode Island's plan, except where noted.

----------------------------------------------------------------------------------------------------------------
                                                    Pollutant                                                   
                              ----------------------------------------------------                              
  Air quality control region              TSP                       SO2               NO2        CO        O3   
             \1\              ----------------------------------------------------                              
                                Primary     Secondary     Primary     Secondary                                 
----------------------------------------------------------------------------------------------------------------
Providence...................  a          d              a          b              a          c         c       
E. Providence................  a          b              a          b              a          a         c       
Cranston.....................  a          b              a          b              a          a         c       
Warwick......................  a          b              a          b              a          a         c       
N. Providence................  a          b              a          b              a          a         c       
Pawtucket....................  a          b              a          b              a          a         c       
Central Falls................  a          b              a          b              a          a         c       
Remainder of Rhode Island      a          b              a          b              a          a         c       
 portion of AQCR 120.                                                                                           
----------------------------------------------------------------------------------------------------------------
a. Air quality levels presently better than primary standards or area is unclassifiable.                        
b. Air quality levels presently better than secondary standards or area is unclassifiable.                      
c. December 31, 1982.                                                                                           
d. Attainment date not established.                                                                             
                                                                                                                
\1\ Sources subject to plan requirements and attainment dates established under section 110(a)(2)(A) prior to   
  the 1977 Clean Air Act Amendments remain obligated to comply with those requirements by the earlier deadlines.
  The earlier attainment dates are set out at 40 CFR 52.2076 (1978).                                            

[50 FR 52461, Dec. 24, 1985]



Sec. 52.2078   Enforcement.

    (a) Sections 23-25-5(h) and 23-25-8(a) of the General Laws of Rhode 
Island are disapproved insofar as they permit the Rhode Island Director 
of the Department of Health to issue abatement orders (1) that defer 
compliance with plan requirements beyond the dates required for 
attainment of the national standards, (2) without the approval of the 
Administrator, and (3) for reasons not permitted by the Clean Air Act.
    (b) Regulation limiting administrative abatement orders. (1) No 
order deferring compliance with a requirement

[[Page 845]]

of the Rhode Island Implementation Plan shall be issued by the Director 
of the Department of Health which does not meet the following 
requirements:
    (i) An order must require compliance with the plan requirement 
within the times and under the conditions specified in Sec. 51.261 (a) 
and (b) of this chapter.
    (ii) An order may not defer compliance beyond the last date 
permitted by section 110 of the Act for attainment of the national 
standard which the plan implements unless the procedures and conditions 
set forth in section 110(f) of the Act are met.
    (iii) An order shall not be effective until it has been submitted to 
and approved by the Administrator in accordance with Secs. 51.104, 
51.105, 51.261 and 51.262(a).
    (2) Notwithstanding the limitations of paragraph (b)(1)(ii) of this 
section, an order may be granted which provides for compliance beyond 
the statutory attainment date for a national standards where compliance 
is not possible because of breakdowns or malfunctions of equipment, acts 
of God, or other unavoidable occurrences. However, such order may not 
defer compliance for more than three (3) months unless the procedures 
and conditions set forth in section 110(f) of the Act are met.

[38 FR 18879, 18880, July 16, 1973, as amended at 38 FR 30878, Nov. 8, 
1973; 51 FR 40675, 40676, 40677, Nov. 7, 1986]



Sec. 52.2079  Requirements for state implementation plan revisions relating to new motor vehicles.

    Rhode Island must comply with the requirements of Sec. 51.120.

[60 FR 4738, Jan. 24, 1995]



Sec. 52.2080   Revisions.

    (a) The revision procedures of the Rhode Island plan are not 
adequate since the plan does not expressly provide for revisions at the 
times and under the conditions set forth in Sec. 51.104 of this chapter.
    (b) Regulation for plan revisions. (1) The Rhode Island 
implementation plan shall be revised:
    (i) When necessary to take account of a revision of the national 
primary or secondary ambient air quality standard which it implements;
    (ii) When improved or more expeditious methods of attaining a 
national standard which it implements become available;
    (iii) When the Administrator finds that the plan is substantially 
inadequate to attain or maintain the national standard which it 
implements and issues notice of such finding pursuant to Sec. 51.104 of 
this chapter.
    (2) The Rhode Island implementation plan may be revised from time to 
time to the extent such revisions are consistent with the requirements 
applicable to implementation plans set forth in this chapter and the 
Act.
    (3) No revisions shall be effective until the hearing requirements 
of Sec. 51.102 of this chapter have been satisfied.

[38 FR 18879, 18880, July 16, 1973, as amended at 38 FR 30878, Nov. 8, 
1973; 51 FR 40675, Nov. 7, 1986]



Sec. 52.2081  EPA-approved EPA Rhode Island state regulations.

    The following table identifies the State regulations which have been 
approved by EPA and incorporated by reference into the Rhode Island 
State Implementation Plan. This table is for informational purposes only 
and does not have any independent regulatory requirements for a specific 
situation consult the plan identified in Sec. 52.2070. To the extent 
that this table conflicts with Sec. 52.2070, Sec. 52.2070 governs.

                                Table 52.2081--EPA-Approved Rules and Regulations                               
----------------------------------------------------------------------------------------------------------------
                                      Date         Date                                            Comments/    
    State        Title/subject     adopted by  approved by      FR citation        52.2070        Unapproved    
  citation                           State         EPA                                             sections     
----------------------------------------------------------------------------------------------------------------
              Air pollution                                                                                     
               control                                                                                          
               regulation.                                                                                      
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 1.......  Visible emissions.      8/02/67      5/31/72  37 FR 10842........  (b)........                    
                                                                                                                
                                 -------------------------------------------------------------------------------

[[Page 846]]

                                                                                                                
                                      2/28/72      5/31/72  37 FR 10842........  (b)........                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 2.......  Handfiring of soft      8/02/67      5/31/72  37 FR 10842........  (b)........                    
               coal.                                                                                            
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      2/28/72      5/31/72  37 FR 10842........  (b)........                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 3.......  Particulate             8/02/67      5/31/72  37 FR 10842........  (b)........                    
               emissions from                                                                                   
               industrial                                                                                       
               processes.                                                                                       
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      2/28/72      5/31/72  37 FR 10842........  (b)........                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 4.......  Open fires........      8/02/67      5/31/72  37 FR 10842........  (b)........                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                     10/01/71      5/31/72  37 FR 10842........  (b)........                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 5.......  Fugitive dust.....      8/02/67      5/31/72  37 FR 10842........  (b)........                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 6.......  Opacity monitors..      8/02/67      5/31/72  37 FR 10842........  (b)........                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                     11/22/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 6.           
----------------------------------------------------------------------------------------------------------------
                                                                                                                
No. 7.......  Emission of air         8/02/67      5/31/72  37 FR 10842........  (b)........                    
               contaminants                                                                                     
               detrimental to                                                                                   
               persons or                                                                                       
               property.                                                                                        
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      7/19/77      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 8.......  Sulfur content of      10/01/71      5/31/72  37 FR 10842........  (b)........                    
               fuels.                                                                                           
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      5/28/74     11/03/75  40 FR 51044........  (c)(8).....                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                  ...........      1/21/81  46 FR 5980.........  (c)(13)....  Narragansett      
                                                                                               Electric Bubble. 
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                  ...........     12/30/81  46 FR 63043........  (c)(14)....  Temporary         
                                                                                               Relaxation for   
                                                                                               Bradford Dye.    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                  ...........     11/10/82  47 FR 50866........  (c)(16)....  Temporary         
                                                                                               Relaxation for   
                                                                                               Kenyon Piece Dye 
                                                                                               Works.           
                                                                                                                
                                 -------------------------------------------------------------------------------
                                     10/05/82      3/29/83  48 FR 13027........  (c)(17)....  Conversion/       
                                                                                               Conservation     
                                                                                               Incentive/Bubble.
                                                                                                                
                                 -------------------------------------------------------------------------------

[[Page 847]]

                                                                                                                
                                      5/15/84  49 FR 20493  (c)(21)............  URI Bubble.                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      8/29/83      7/27/84  49 FR 30177........  (c)(23)....  Narragansett      
                                                                                               Electric (South  
                                                                                               Street).         
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      5/02/85       1/8/86  51 FR 756..........  (c)(24)....  Requires sampling 
                                                                                               valve.           
                                                                                                                
                                 -------------------------------------------------------------------------------
                                     12/16/85       8/1/86  51 FR 27538........  (c)(25)....  Temporary         
                                                                                               relaxation for   
                                                                                               Seville Dyeing   
                                                                                               Corporation in   
                                                                                               Woon-socket.     
                                 -------------------------------------------------------------------------------
                                      3/17/87      9/19/89  54 FR 38518........  (c)(34)....  URI bubble        
                                                                                               renewal.         
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 9.......  Approval to            10/03/71      5/31/72  37 FR 10842........  (b)........                    
               construct, modify                                                                                
               or operate.                                                                                      
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      4/12/81      5/07/81  46 FR 25446........  (c)(12)....  No action on      
                                                                                               9.2.3(b) and     
                                                                                               9.12.            
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      4/05/82      6/28/83  48 FR 29690........  (c)(18)....  NSR fully         
                                                                                               approved, 9.12   
                                                                                               Emission Banking 
                                                                                               approved.        
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      2/13/84       7/6/84  49 FR 27749........  (c)(22)....  PSD fully         
                                                                                               approved,        
                                                                                               9.2.3(b)         
                                                                                               approved.        
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      5/02/85       1/8/86  51 FR 756..........  (c)(24)....  Additional BACT   
                                                                                               requirements.    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      5/20/91      10/7/91  56 FR 50516........  (c)(38)....  Addition of PSD   
                                                                                               NO2 increments.  
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 9.......  Air Pollution            3/4/93       2/6/96  61 FR 4356.........  (c)(41)....  Addition of NSR   
               Control Permits.                                                                and other CAAA   
                                                                                               requirements     
                                                                                               under Amended    
                                                                                               Regulation No. 9 
                                                                                               except for       
                                                                                               Chapters 9.13,   
                                                                                               9.14, 9.15, and  
                                                                                               Appendix A.      
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 10......  Air pollution           2/28/72      5/31/72  37 FR 10842........  (b)........                    
               episodes.                                                                                        
                                                                                                                
                                 -------------------------------------------------------------------------------
                                     10/11/75     11/03/75  40 FR 51043........  (c)(6).....                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 11......  Petroleum liquids       2/22/77      5/07/81  46 FR 25446........  (c)(12)....                    
               marketing and                                                                                    
               storage.                                                                                         
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      7/05/79      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      4/22/81      4/26/82  47 FR 17817........  (c)(15)....                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      1/20/87       9/1/87  52 FR 32920........  (c)(30)....  Amended Regulation
                                                                                               No. 11,          
                                                                                               Subsection       
                                                                                               11.4.5.          
                                                                                                                
                                 -------------------------------------------------------------------------------

[[Page 848]]

                                                                                                                
                                    11/07/88,       6/2/89  54 FR 23661........  (c)(33)....  Approves a        
                                     04/24/89                                                  limitation on    
                                                                                               volatility of    
                                                                                               gasoline from    
                                                                                               June 30 to Sept. 
                                                                                               15, 1989, and May
                                                                                               1 to Sept. 15 in 
                                                                                               subsequent years 
                                                                                               at Subsections   
                                                                                               11.7.1 and       
                                                                                               11.7.2.          
                                                                                                                
                                 -------------------------------------------------------------------------------
                                     12/10/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 11.          
                                      1/11/93     12/17/93  58 FR 65933........  (c)(39)....  Regulation revised
                                                                                               to add new Stage 
                                                                                               II vapor recovery
                                                                                               requirements.    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 12......  Incinerators......      2/28/72      6/22/73  38 FR 16351........  (c)(3).....                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      4/22/81      4/26/82  47 FR 17817........  (c)(15)....                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 13......  Particulate             1/17/73     10/23/73  38 FR 29296........  (c)(14)....                    
               emissions from                                                                                   
               fossil fuel fired                                                                                
               steam or hot                                                                                     
               water generating                                                                                 
               units.                                                                                           
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      7/05/79      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                  ...........     11/10/82  47 FR 50866........  (c)(16)....  Temporary         
                                                                                               Relaxation for   
                                                                                               Kenyon Piece Dye 
                                                                                               Works.           
                                                                                                                
                                 -------------------------------------------------------------------------------
                                     10/05/82      3/29/83  48 FR 13027........  (c)(17)....  Conversion/       
                                                                                               Conservation     
                                                                                               Incentive.       
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 14......  Record keeping and      5/14/73      1/15/76  41 FR 2231.........  (c)(10)....                    
               reporting.                                                                                       
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      7/05/79      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      1/11/93      1/10/95  60 FR 2526.........  (c)(42)....                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 15......  Control of organic      8/21/75      5/07/81  46 FR 25446........  (c)(12)....                    
               solvent emissions.                                                                               
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      3/14/83      7/06/83  48 FR 31026........  (c)(19)....  Includes 100 TPY  
                                                                                               RACT Reg/Generic 
                                                                                               Bubble Rule.     
                                                                                                                
                                 -------------------------------------------------------------------------------
                                       6/6/85     12/11/86  51 FR 44605........  (c)(27)....  RACT for Stanley  
                                                                                               Bostitch under   
                                                                                               15.5.            
                                                                                                                
                                 -------------------------------------------------------------------------------
                                     11/24/87      3/10/89  54 FR 10147........  (c)(32)....  Consent Agreement 
                                                                                               imposing RACT on 
                                                                                               Tech Industries  
                                                                                               under 15.5       
                                                                                               (Provisions 7 and
                                                                                               8 not approved). 
                                                                                                                
                                 -------------------------------------------------------------------------------

[[Page 849]]

                                                                                                                
                                       6/5/90      8/31/90  55 FR 35625........  (c)(36)....  RACT determination
                                                                                               for Tillotson-   
                                                                                               Pearson under    
                                                                                               15.5.            
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      4/24/90       9/6/90  55 FR 36638........  (c)(35)....  RACT determination/
                                                                                               Bubble for       
                                                                                               Providence       
                                                                                               Metallizing under
                                                                                               15.5.            
                                                                                                                
                                 -------------------------------------------------------------------------------
                                     12/10/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 15, except   
                                                                                               subsections      
                                                                                               15.1.16 and      
                                                                                               15.2.2.          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 16......  Operation of air        2/22/77      5/07/81  46 FR 25446........  (c)(12)....                    
               pollution control                                                                                
               system.                                                                                          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 17......  Odors.............      2/22/77      5/07/81  46 FR 25446........  (c)(12)....                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 18......  Control of               7/5/79      5/07/81  46 FR 25446........  (c)(12)....                    
               emissions from                                                                                   
               solvent metal                                                                                    
               cleaning.                                                                                        
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      4/22/81      4/26/82  47 FR 17817........  (c)(15)....                    
                                                                                                                
                                 -------------------------------------------------------------------------------
                                     12/10/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 18, except   
                                                                                               subsections      
                                                                                               18.1.8, 18.2.1,  
                                                                                               18.3.2(d),       
                                                                                               18.3.3(f), and   
                                                                                               18.5.2.          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 19......  Control of VOCs        11/13/79      5/07/81  46 FR 25446........  (c)(12)....  Conditional       
               from surface                                                                    approval.        
               coating                                                                                          
               operations.                                                                                      
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      4/05/82      7/06/83  48 FR 31026........  (c)(19)....  Removes Conditions/
                                                                                               Generic Bubble   
                                                                                               Rule.            
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      9/12/85      8/31/87  52 FR 32794........  (c)(28)....  Compliance date   
                                                                                               extension for    
                                                                                               Keene Corporation
                                                                                               under 19.3.      
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      1/20/87       9/1/87  52 FR 32920........  (c)(30)....  Amended Regulation
                                                                                               No. 19,          
                                                                                               Subsection       
                                                                                               19.7.1.          
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      5/29/85      9/28/87  52 FR 36250........  (c)(26)....  Compliance date   
                                                                                               extension for    
                                                                                               James River Corp.
                                                                                               in Johnston.     
                                                                                                                
                                 -------------------------------------------------------------------------------
                                     12/31/86      2/10/88  53 FR 3890.........  (c)(29)....  Alternative RACT  
                                                                                               for Kenyon       
                                                                                               Industries under 
                                                                                               19.3.3.          
                                                                                                                
                                 -------------------------------------------------------------------------------
                                     12/10/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 19, except   
                                                                                               subsections      
                                                                                               19.1.11, 19.2.2, 
                                                                                               and 19.3.2(a).   
                                                                                                                
                                 -------------------------------------------------------------------------------

[[Page 850]]

                                                                                                                
                                     10/30/92     10/18/94  59 FR 52429........  (c)(40)....  All of No. 19 is  
                                                                                               approved with the
                                                                                               exception of     
                                                                                               19.2.2, and the  
                                                                                               last sentence of 
                                                                                               19.1.1, which    
                                                                                               Rhode Island did 
                                                                                               not submit as    
                                                                                               part of the SIP  
                                                                                               revision. No. 19 
                                                                                               was amended to   
                                                                                               change           
                                                                                               applicability and
                                                                                               to add emission  
                                                                                               limitations for  
                                                                                               metal coil       
                                                                                               coating, metal   
                                                                                               furniture        
                                                                                               coating, magnet  
                                                                                               wire coating,    
                                                                                               large appliance  
                                                                                               coating,         
                                                                                               miscellaneous    
                                                                                               metal parts      
                                                                                               coating, wood    
                                                                                               products coating,
                                                                                               and flat wood    
                                                                                               paneling coating.
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 21......  Control of VOCs         4/05/82      7/06/83  48 FR 31026........  (c)(19)....  Generic Bubble    
               from printing                                                                   Rule.            
               operations.                                                                                      
                                                                                                                
                                 -------------------------------------------------------------------------------
                                      1/20/87       9/1/87  52 FR 32920........  (c)(30)....  Amended Regulation
                                                                                               No. 21,          
                                                                                               subsection       
                                                                                               21.6.1.          
                                                                                                                
                                 -------------------------------------------------------------------------------
                                     12/10/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 21, except   
                                                                                               subsections      
                                                                                               21.1.15 and      
                                                                                               21.2.2, and      
                                                                                               portion of       
                                                                                               21.5.2(h) which  
                                                                                               states           
                                                                                               ``equivalent to''
                                                                                               in the           
                                                                                               parenthetical.   
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 25......  Control of             10/30/92     10/18/94  59 FR 52429........  (c)(40)....  All of No. 25 is  
               Volatile Organic                                                                approved, with   
               Compound                                                                        the exception of 
               Emissions from                                                                  25.2.2, which was
               Cutback and                                                                     not submitted by 
               Emulsified                                                                      Rhode Island as  
               Asphalt.                                                                        part of the SIP  
                                                                                               revision.        
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 26......  Control of Organic     10/30/92     10/18/94  59 FR 52429........  (c)(40)....  All of No. 26 is  
               Solvent Emissions                                                               approved, with   
               from Manufacture                                                                the exception of 
               of Synthesized                                                                  26.2.3, which was
               Pharmaceutical                                                                  not submitted by 
               Products.                                                                       Rhode Island as  
                                                                                               part of the SIP  
                                                                                               revision.        
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 29.3....  EMISSIONS.........      4/28/95      3/22/96  61 FR 11735........  (c)(45)....  This rule limits a
                                                                                               source's         
                                                                                               potential to     
                                                                                               emit, therefore  
                                                                                               avoiding RACT,   
                                                                                               title V operating
                                                                                               permits.         
                                                                                                                
----------------------------------------------------------------------------------------------------------------

[[Page 851]]

                                                                                                                
No. 30......  Control of VOC          6/27/95       2/2/96  61 FR 3827.........  (c)(44)....  Control of VOC    
               from Automobile                                                                 From Automobile  
               Refinishing                                                                     Refinishing      
               Operations.                                                                     Operations.      
                                                                                                                
----------------------------------------------------------------------------------------------------------------
No. 32......  Marine Vessels....      3/11/94       4/4/96  60 FR 14978........  (c)(43)....  All of No. 32 is  
                                                                                               approved with the
                                                                                               exception of     
                                                                                               Section 32.2.2   
                                                                                               which Rhode      
                                                                                               Island did not   
                                                                                               submit as part of
                                                                                               the SIP revision.
----------------------------------------------------------------------------------------------------------------

[50 FR 770, Jan. 7, 1985, as amended at 51 FR 756, Jan. 8, 1986; 51 FR 
27538, Aug. 1, 1986; 51 FR 44605, Dec. 11, 1986; 52 FR 32794, Aug. 31, 
1987; 52 FR 32920, Sept. 1, 1987; 52 FR 36250, Sept. 28, 1987; 53 FR 
3890, Feb. 10, 1988; 54 FR 10147, Mar. 10, 1989; 54 FR 23661, June 2, 
1989; 54 FR 38518, Sept. 19, 1989; 55 FR 35625, Aug. 31, 1990; 55 FR 
36638, Sept. 6, 1990; 56 FR 49416, Sept. 30, 1991; 56 FR 50515, Oct. 7, 
1991; 58 FR 65933, Dec. 17, 1993; 59 FR 52429, Oct. 18, 1994; 60 FR 
2526, Jan. 10, 1995; 61 FR 3827, Feb. 2, 1996; 61 FR 4357, Feb. 6, 1996; 
61 FR 11735, Mar. 22, 1996; 61 FR 14978, Apr. 4, 1996]
Sec. 52.2082  [Reserved]



Sec. 52.2083  Significant deterioration of air quality.

    (a) The Rhode Island plan, as submitted, is approved as meeting the 
requirements of Subpart 1, Part C, Title I, of the Clean Air Act.

[49 FR 27750, July 6, 1984]



Sec. 52.2084  Rules and regulations.

    (a) Part D--Disapproval.
    (1) On November 5, 1985, the Rhode Island Department of 
Environmental Management submitted a revision to the Rhode Island State 
Implementation Plan (SIP) for Arkwright Incorporated. This revision is 
an alternative reasonably available control technology determination for 
the control of volatile organic compounds (VOC) from three paper coating 
lines at Arkwright Incorporated's Fiskeville, Rhode Island facility. As 
a result of EPA's disapproval of this revision, the existing VOC rules 
applicable to Arkwright Incorporated and contained in the Rhode Island 
SIP remain in effect (Rhode Island Air Pollution Control Regulation No. 
19 as approved by EPA in 40 CFR 52.2080(c)(19)).
    (b) Non-Part D--No Action--EPA is neither approving nor disapproving 
the following elements of the revisions:
    (i) [Reserved]
    (ii) Consultation.
    (iii) Permit fees.
    (iv) Stack height requirements.
    (v) Public notification.

[46 FR 25460, May 7, 1981, as amended at 48 FR 31027, July 6, 1983; 50 
FR 52461, Dec. 24, 1985; 52 FR 38764, Oct. 19, 1987]



Sec. 52.2085  Stack height review.

    The State of Rhode Island has declared to the satisfaction of EPA 
that no existing emission limitations have been affected by stack height 
credits greater than good engineering practice or any other prohibited 
dispersion technique as defined in EPA's stack height regulations, as 
revised on July 8, 1985. Such declarations were submitted to EPA on 
March 27, 1986. The State has further declared, in letters from Thomas 
D. Getz, dated October 15, 1985 and March 27, 1986, that ``[R]hode 
Island will use the 8 July 1985 revised height regulations in 
administering section 9.18 of its new source review regulations.'' Thus, 
Rhode Island has satisfactorily demonstrated that its regulations meet 
40 CFR 51.118 and 51.164.

[52 FR 49407, Dec. 31, 1987]



                       Subpart PP--South Carolina



Sec. 52.2120   Identification of plan.

    (a) Title of plan: ``South Carolina Air Quality Implementation 
Plan.''

[[Page 852]]

    (b) The plan was officially submitted on January 21, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified:
    (1) Miscellaneous non-regulatory additions to the plan submitted on 
May 4, 1972, by the South Carolina Pollution Control Authority.
    (2) Letter requesting delegation of authority submitted on July 21, 
1972, by the Governor.
    (3) Miscellaneous wording changes in paragraph 2.B.4 of Regulation 
1A; in Sections I.B., II.B, and II.C of Standard 1A; in Section II.D of 
Standards 2A and in paragraph II of Regulation 4A submitted on August 
23, 1972, by the Governor.
    (4) Compliance schedules submitted on February 16, 1973, by the 
South Carolina Pollution Control Authority.
    (5) Categorical compliance schedule regulation submitted on August 
16, 1973, by the South Carolina Department of Health and Environmental 
Control.
    (6) Revised SO2 emission limits for fuel combustion sources 
submitted on March 14, 1974, by the South Carolina Department of Health 
and Environmental Control.
    (7) AQMA identification material submitted on March 22, 1974, by the 
South Carolina Department of Health and Environmental Control.
    (8) Revised legal authority with respect to the public availability 
of emission data, submitted on October 15, 1975, by the Governor of 
South Carolina.
    (9) Revised particulate emission limits for existing fuel burning 
sources and requirements for continuous in-stack monitoring and 
reporting of opacity by certain of these sources, submitted January 13 
and March 30, 1977, by the South Carolina Department of Health and 
Environmental Control. (The revised particulate limits do not apply to 
International Paper Company's Georgetown facility or to the South 
Carolina Electric and Gas Company's Hagood Plant in Charleston; for 
these two sources, the plan's original emission limits continue to 
apply.)
    (10) Permit changes, specified below, were submitted by the South 
Carolina Department of Health and Environmental Control on May 9, 1979. 
These changes provide emissions offset for R. R. Donnelley and Sons 
Company, and apply to M. Lowenstein and Sons, Inc., as follows:
    (i) Operating permit number O/P-42-167 for the operation of five (5) 
Kingsley Roller Print Dryers (Nos. 3, 4, 5, 6, and 7) is cancelled with 
these dryers not to be operated after June 1, 1979.
    (ii) Operating permit number O/P-42-170 through O/P-42-179 for 
screen print machine Nos. 3, 4, 5, 6, 7, 8, 10, 11, and 12 are reissued 
to reflect the total and permanent transition from solvent-based print 
pastes to water-based print pastes on these machines as of June 1, 1979.
    (11) 1979 implementation plan revision for nonattainment areas, 
submitted on December 20, 1978, by the South Carolina Department of 
Health and Environmental Control.
    (12) Variance granted to Bowater Carolina Corporation until April 1, 
1981, for increased particulate emissions and opacity limits, and 
revised regulation 61.62.1(B)(II), submitted on April 24, 1980, by the 
South Carolina Department of Health and Environmental Control.
    (13) Changes in and supplements to 1979 implementation plan 
revisions for nonattainment areas, submitted on April 4, June 13, July 
6, August 14, August 22, 1979, and on April 29, 1981, by the South 
Carolina Department of Health and Environmental Control. Included are a 
special operating permit for Macalloy Corporation and the following 
regulation changes:

R. 62.5, Standard No. 5, Section II, revised definition of VOC (formerly 
located in R. 62.5, Standard No. 5, Section I, Part A);
R. 62.5, Standard No. 5, Section II, revised VOC regulation-Petroleum 
liquid storage tanks (formerly R. 62.5, Standard 5, Section II, Part B);
R. 62.1, Section I, revised definition of ``fugitive dust'';
R. 62.5, Standard No. 5, Section I, Part E--VOC--Case-by-Case 
Exceptions;
R. 62.5, Standard No. 1, Section I, Part C--VE--Special Provisions.

    (14) Revisions in emergency episode plan, submitted on September 10, 
1980, by the South Carolina Department of Health and Environmental 
Control.
    (15) Air quality surveillance plan revision to satisfy the 
requirements of 40

[[Page 853]]

CFR part 58, submitted on March 10, 1980 by the South Carolina 
Department of Health and Environmental Control.
    (16) Provision for public participation to satisfy section 127(a) of 
the Clean Air Act, submitted on March 10, 1980 by the South Carolina 
Department of Health and Environmental Control.
    (17) Standard No. 6, Alternative Emission Reduction Options, 
submitted on June 17, 1981, by the South Carolina Department of Health 
and Environmental Control.
    (18) Set II VOC regulations, submitted on September 10, 1980, by the 
South Carolina Department of Health and Environmental Control.
    (19) Alternative compliance schedule for Cryovac Division of W. R. 
Grace, Simpsonville, submitted on January 5, 1981, by the South Carolina 
Department of Health and Environmental Control.
    (20) Implementation plan for lead, submitted on May 1, 1980, by the 
South Carolina Department of Health and Environmental Control.
    (21) Prevention of significant deterioration SIP, submitted on April 
14, 1981, by the South Carolina Department of Health and Environmental 
Control.
    (22) Provision for variance from conditions of operating permits, 
submitted on June 7, 1982, by the South Carolina Department of Health 
and Environmental Control.
    (23) Revised visible emissions standard for incinerators and revised 
regulation for alternate emission limitation options (bubbles), 
submitted on June 7, 1982, by the South Carolina Department of Health 
and Environmental Control. EPA is not taking action on that portion of 
this regulation (Regulation No. 62.5, Standard No. 6, Section II, Part 
D) pertaining to alternative emission limitation options for designated 
pollutants subject to regulation under section 111(d) of the Clean air 
Act.
    (24) Special Operating Permit for South Carolina Electric and Gas 
Company-Williams Power Station, submitted on June 25, 1982, by the South 
Carolina Department of Health and Environmental Control.
    (25) Visibility new source review regulations and narrative 
visibility SIP were submitted to EPA on June 3, 1985.
    (i) Incorporation by reference.
    (A) Letter of June 3, 1985, from the South Carolina Department of 
Health and Environmental Control, and amendments to Regulation No. 62.5, 
Standard No. 7, Section IV, Part H; Regulation No. 62.5, Standard No. 7, 
Section IV, Part E; and Regulation No. 62.5, Standard No. 7, Section I, 
Part CC, adopted by the South Carolina Board of Health and Environmental 
Control on May 21, 1985.
    (ii) Additional material.
    (A) Narrative section, titled ``Visibility Protection Control 
Strategy'', adopted by the South Carolina Board of Health and 
Environmental Control on May 21, 1985.
    (26) Changes in Regulations 62.2, 62.3, and 62.5, submitted on March 
3, May 5, and July 11, 1983 by the South Carolina Department of Health 
and Environmental Control.
    (27) On March 3, and August 17, 1983 and September 5, 1984, Appendix 
B, a Methodology Manual for use with Standards for Volatile Organic 
Compounds, and on May 12, 1983, and January 23, 1980, studies for 
Appendix J, Transportation Control Plans for Columbia and Charleston, 
were submitted to EPA by the South Carolina Department of Health and 
Environmental Control.
    (28) Stack height regulations were submitted to EPA on June 11, 
1986.
    (i) Incorporation by reference.
    (A) Letter of June 11, 1986, from the South Carolina Department of 
Health and Environmental Control transmitting stack height regulations.
    (B) Regulation 62.7, Good Engineering Practice Stack Height, adopted 
on April 24, 1986, and effective on May 23, 1986.
    (C) Addition of item 10 to Section I, Definitions, of regulation 
62.1, adopted on April 24, 1986, and effective on May 23, 1986.
    (D) Addition of item A.2.f to Section II, Permit Requirements, of 
regulation 62.1, adopted on April 24, 1986, and effective on May 23, 
1986.
    (ii) Other material--none.
    (29) Process opacity monitoring requirements were submitted to EPA 
on March 24, 1986 and July 8, 1986.
    (i) Incorporation by reference.

[[Page 854]]

    (A) Letter of March 24, 1986 to EPA from the South Carolina 
Department of Health and Environmental Control, and amendments to Air 
Pollution Control Regulation No. 62.5, Standard No. 4, which was 
effective on February 28, 1986.
    (ii) Other material--none.
    (30) [Reserved]
    (31) Changes in South Carolina's SIP submitted to EPA on June 5, 
1985, by the South Carolina Department of Health and Environmental 
Control.
    (i) Incorporation by reference.
    (A) Changes in South Carolina's Regulations which were adopted May 
24, 1985:
    (1) Regulations 62.1, Section I (Definitions) No. 1 and Section III 
(Emission Inventory)
    (2) Regulation 62.2 (Prohibition of Open Burning)
    (3) Regulation 62.3 (Air Pollution Episodes); except for Section I 
and Section II Introductory paragraph
    (4) Regulation 62.5, Standard No. 1 (Emissions From Fuel Burning 
Operations), Section IV, Part B, Section V, and Section VII
    (5) Regulation 62.5, Standard No. 4 (Emissions from Process 
Industries), Except for Section III, Section VIII(A), and Section XI 
Introductory paragraph
    (6) Regulation 62.5, Standard No. 7 (Prevention of Significant 
Deterioration), Section I, Parts B(1), E, F and Q(2)
    (7) Regulation 62.6 (Control of Fugitive Particulate Matter), 
Section I (b) and (c) and Section III (c) and (d)
    (ii) Other material.
    (32) Provisions for PM10 submitted on April 29, 1988 and April 
4, 1989, by the South Carolina Department of Health and Environmental 
Control. The April 29, 1988, submittal contained revisions that were 
effective on April 22, 1988. The April 4, 1989, submittal contained 
revisions that were effective on March 24, 1989.
    (i) Incorporation by reference.
    (A) Regulation 62.1, Definitions, Permit Requirements, and Emissions 
Inventory as revised by the addition on April 22, 1988, of Section I, 
Nos. 22, 23, 25, and 42.
    (B) The following portions of Regulation 62.3, Air Pollution 
Episodes were revised April 22, 1988.
    (1) Section I.
    (2) Section II, Introductory paragraph.
    (C) The following portions of Regulation 62.5, Standard No. 1--
Emissions from Fuel Burning Operations were revised April 22, 1988:
    (1) Section II, Title.
    (2) Section VI, Introductory paragraph
    (D) Regulation 62.5, Standard No. 2--Ambient Air Quality Standards 
revised April 22, 1988.
    (E) The following portions of Regulation 62.5, Standard No. 4--
Emissions from Process Industries were revised April 22, 1988.
    (1) Section III
    (2) Section VIII (A)
    (3) Section XI, Introductory paragraph
    (F) The following portions of Regulation 62.5, Standard No. 7--
Prevention of Significant Deterioration were revised April 22, 1988.
    (1) Section I, Part V(1)
    (2) Section II, Part A
    (3) Section III Part H(1)
    (4) Section IV Part E(4)
    (G) The following portions of Regulation 62.5, Standard No. 7--
Prevention of Significant Deterioration were revised March 24, 1989.
    (1) Section III, Part D, (6) and (7)
    (2) Section III Part (J)(3), (4), and (5)
    (3) Section IV Part (H)(4)
    (ii) Other materials.
    (A) Letters of April 29, 1988, and April 4, 1989, from the South 
Carolina Department of Health and Environmental Control which address 
PM10 revisions.
    (B) Revised narrative on particulate matter.
    (33) Changes in South Carolina's SIP submitted to EPA on March 16, 
1989, by the South Carolina Department of Health and Environmental 
Control.
    (i) Incorporation by reference.
    (A) Regulation 62.5 Standard No. 4. Sections I thru VIII and Tables 
A and B effective April 22, 1988.
    (B) Changes in South Carolina's Regulations which were effective 
March 24, 1989:
    1. Regulation 62.1: Section I Definitions. 9 and 38 and Section III 
Emission Inventory.

[[Page 855]]

    2. Regulation 62.5, Standard No. 1 Emissions from Fuel Burning 
Operations: Section I, Part D; Section IV, Paragraph A.2.a. and Part D.
    3. Regulation 62.5, Standard No. 2 Ambient Air Quality Standards: 
Introductory paragraph.
    4. Regulation 62.5, Standard No. 4 Emissions from Process 
Industries: Section IX and X.
    5. Regulation 62.5, Standard No. 7 Prevention of Significant 
Deterioration: Section 1 B(1)(a) and Part L
    (ii) Additional Material.
    (A) March 16, 1989, letter from South Carolina Department of Health 
and Environmental Control.
    (34) Changes in South Carolina's SIP submitted to EPA on September 
18, 1990, by the South Carolina Department of Health and Environmental 
Control.
    (i) Incorporation by reference.
    (A) The following revision to South Carolina's State Implementation 
Plan (SIP) which became effective on August 24, 1990:

(1) Regulation 61-62.1:
    (i) Section II,A,1. Applicability
    (ii) Standard No. 5.1:
    Section I,A.
    Section III,A,1.
    Section III,D.
    Section III,L.
    Section IV,B.
(2) Regulation 61-62.5:
    (i) Standard No. 7:
    Section I,C,(4)
    Section I,Part M
    Section I,Part N
    Section I,Part O
    Section I, BB
    Section II A.
    Section II D,(1),(e)
    Section II D,(3),(a)
    Section IV,D,(1)
    Section IV H,(4)
(3) Regulation 61-62.1
    (i) Section I,74.
(4) Regulation 61-62.5, Standard No. 5
    (i) Section I,A: 9,22,27-78
    (ii) Section I,C,1,b,(vi)
    (iii) Section I,E,4
    (iv) Section I,E,12
    (v) Part F. Recordkeeping, Reporting, Monitoring
    (vi) Part G. Equivalency Calculations
    (vii) Section II--Provisions for Specific Sources
    Part A. Surface Coating of Cans
    Part B,2. Control Technology
    Part C
    Part D
    Part E Surface Coating of Magnet Wire
    Part F,2. and 3.
    Part G,3. Control Technology

    (ii) Other material.
    (A) None.
    (35) [Reserved]
    (36) The maintenance plan for Cherokee County submitted by the South 
Carolina Department of Health and Environmental Control on July 20, 
1992, as part of the South Carolina SIP.
    (i) Incorporation by reference.
    (A) Cherokee County Ozone Attainment Demonstration and Ten Year 
Maintenance Plan effective June 11, 1992.
    (B) Emissions Inventory Projections for Cherokee County effective 
June 11, 1992.
    (ii) Other material.
    (A) July 20, 1992 letter from the Department of Health and 
Environmental Control. Ten Year Maintenance Plan effective June 11, 
1992.
    (B) Emission Inventory Projections for Cherokee County effective 
June 11, 1992.
    (iii) Other material.
    (A) July 20, 1992 letter from the Department of Health and 
Environmental Control.
    (37) The VOC Recordkeeping regulations for ozone nonattainment 
areas, PSD NOx increment regulations, and regulations listing the 
definition of VOC submitted by South Carolina Department of Health and 
Environmental Control on July 23, 1992, as part of the South Carolina 
SIP.
    (i) Incorporation by reference.
    (A) South Carolina Regulation 61-62.5, Standard No. 5, section I, 
part F, covering VOC Recordkeeping, Reporting, and Monitoring; 
Regulation 61-62.5, Standard No. 7, section I, part C, paragraph 4; 
section I, part M; section I, part N; section I, part O; section I, part 
BB; section II, part A; section II, part D, paragraph 1, subparagraph e; 
section II, part D, paragraph 3, subparagraph a; section IV, part D, 
paragraph 1; section IV, part H, paragraph 4; covering PSD. These 
regulations

[[Page 856]]

were effective August 24, 1990, and submitted September 18, 1990.
    (B) South Carolina Regulation 61-62.1, section I, paragraph 74, 
covering the definition of VOC; Regulation 61-62.5, Standard No. 5, 
section I, part F, paragraph 3, covering VOC Recordkeeping in ozone 
nonattainment areas; and Regulation 61-62.5, Standard No. 7, section I, 
part O and section IV, part H, paragraph 4 covering PSD. These 
regulations were effective June 26, 1992, and submitted July 23, 1992.
    (ii) Other material.
    (A) July 23, 1992, letter from the South Carolina Department of 
Health and Environmental Control to Region IV EPA.
    (B) [Reserved]
    (38) The South Carolina Department of Health and Environmental 
Control has submitted revisions to the South Carolina Air Quality 
Implementation Plan on November 12, 1993. These revisions address the 
requirements of section 507 of title V of the Clean Air Act and 
establish the Small Business Stationary Source Technical and 
Environmental Program.
    (i) Incorporation by reference.
    (A) The submittal of the state of South Carolina's Small Business 
Assistance Program which was adopted on September 9, 1993.
    (ii) Additional material. None.
    (39) The PSD regulation revisions to the South Carolina State 
Implementation Plan which were submitted on March 3, 1995.
    (i) Incorporation by reference.
    (A) Regulations 61-62.5, Standard No. 7 Prevention of Significant 
Deterioration; I.C(4), I.N(1)(c), I.O(2)(b), I.O(3), II.A, II.D, 
III.D(10)(b), III.H(1), III.I(1) through III.I(2)ii, IV.D (1) & (2), and 
IV.H(4) effective on November 25, 1994.
    (ii) Other material. none
    (40) The minor source operating permit program for South Carolina, 
submitted by the Department of Health and Environmental Control on July 
12, 1995, and as part of the South Carolina SIP.
    (i) Incorporation by reference.
    (A) Regulation 61-62.1, Section I.3, 13, 19, 50, 72, and 73, Section 
II.F.2, Section II.F.2.e, Section II.G, and Section II.H of the South 
Carolina SIP which became effective on June 23, 1995.
    (ii) Other material. None.

[37 FR 10892, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.2120, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.2121   Classification of regions.

    The South Carolina 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)
----------------------------------------------------------------------------------------------------------------
Augusta (Georgia)-Aiken (South Carolina) Interstate..           I          I       III       III           III  
Metropolitan Charlotte Interstate....................           I         II       III       III             I  
Camden-Sumter Intrastate.............................          II        III       III       III           III  
Charleston Intrastate................................           I          I       III       III           III  
Columbia Intrastate..................................          II        III       III       III           III  
Florence Intrastate..................................         III        III       III       III           III  
Georgetown Intrastate................................          II        III       III       III           III  
Greenville-Spartanburg Intrastate....................           I        III       III       III           III  
Greenwood Intrastate.................................         III        III       III       III           III  
Savannah (Georgia)-Beaufort (South Carolina)                                                                    
 Interstate..........................................           I          I       III       III           III  
----------------------------------------------------------------------------------------------------------------



Sec. 52.2122  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves South Carolina's plans for the attainment and maintenance of 
the national standards under section 110 of the Clean Air Act. 
Furthermore the Administrator finds the plans satisfy all requirements 
of Part D, Title I, of the Clean Air Act as amended in 1977, except as 
noted elsewhere in this subpart. In addition, continued satisfaction of 
the requirements of Part D for

[[Page 857]]

the ozone portion of the SIP depends on the adoption and submittal of 
RACT requirements by July 1, 1980 for the sources covered by CTG's 
issued between January 1978 and January 1979 and adoption and submittal 
by each subsequent January of additional RACT requirements for sources 
covered by CTGs issued by the previous January.
    (b) EPA disapproved South Carolina's generic bubble regulation 
submitted for approval into the State Implementation Plan (SIP) on June 
5, 1985.

[45 FR 6575, Jan. 29, 1980, as amended at 60 FR 12702, Mar. 8, 1995]



Sec. 52.2124   Legal authority.

    (a)-(c) [Reserved]
    (d) The requirements of Sec. 51.230(d) of this chapter are not met 
since statutory authority to prevent construction, modification, or 
operation of a facility, building, structure, or installation, or 
combination thereof, which indirectly results or may result in emissions 
of any air pollutant at any location which will prevent the maintenance 
of a national air quality standard is not adequate.

[37 FR 10892, May 31, 1972, as amended at 39 FR 7284, Feb. 25, 1974; 41 
FR 10065, Mar. 9, 1976; 51 FR 40676, Nov. 7, 1986]
Sec. 52.2125  [Reserved]



Sec. 52.2126  VOC rule deficiency correction.

    Sections I and II of South Carolina's Regulations 62.1 and 62.5 is 
approved. The State submitted these regulations to EPA for approval on 
September 18, 1990. Sections I and II of Regulation 62.5 were intended 
to correct deficiencies cited in a letter calling for the State to 
revise its SIP for ozone from Mr. Greer C. Tidwell, the EPA Regional 
Administrator, to Governor Carroll A. Campbell on May 26, 1988, and 
clarified in a letter from Mr. Winston A. Smith, EPA Region IV, Air, 
Pesticides and Toxics Management Division, to Mr. Otto E. Pearson, 
former Director of the South Carolina Department of Health and 
Environmental Control:
    (a) South Carolina's VOC regulations contain no method for 
determining capture efficiency. This deficiency must be corrected after 
EPA publishes guidance on the methods for determining capture efficiency 
before the SIP for ozone can be fully approved.
    (b) [Reserved]

[57 FR 4161, Feb. 4, 1992, as amended at 59 FR 17937, Apr. 15, 1994]
Secs. 52.2127--52.2129  [Reserved]



Sec. 52.2130  Control strategy: Sulfur oxides and particulate matter.

    In letters dated May 7, and December 2, 1986, the South Carolina 
Department of Health and Environmental Control certified that no 
emission limits in the State's plan are based on dispersion techniques 
not permitted by EPA's stack height rules. This certification does not 
apply to Public Service Authority--Winyah, SCE& G--Bowater, and SCE & 
G--Williams.

[54 FR 14651, Apr. 12, 1989]



Sec. 52.2131   Significant deterioration of air quality.

    (a)-(b) [Reserved]
    (c) All applications and other information required pursuant to 
Sec. 52.21 from sources located in the State of South Carolina shall be 
submitted to the Office of Environmental Quality Control, Department of 
Health and Environmental Control, 2600 Bull Street, Columbia, South 
Carolina 29201, instead of the EPA Region IV office.

[42 FR 4124, Jan. 24, 1977, as amended at 47 FR 6018, Feb. 10, 1982]



Sec. 52.2132  Visibility protection.

    (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 
Sec. 52.26 are hereby incorporated and made a part of the applicable 
plan for the State of South Carolina.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of South 
Carolina.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]

[[Page 858]]



                        Subpart QQ--South Dakota



Sec. 52.2170  Identification of plan.

    (a) Title of plan: ``Air Pollution Control Regulations and 
Implementation Plan for the State of South Dakota.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Request for delegation of authority submitted January 27, 1972, 
by the Governor.
    (2) Clarification of control regulations (section 1.8.4) submitted 
April 27, 1972, by the State Department of Health.
    (3) Clarification of control regulations (section 1.8.4) submitted 
May 2, 1972, by the Governor.
    (4) On December 4, 1975, the Governor of South Dakota submitted 
revisions and additions to the air pollution control regulations 
(Article 34:10 of the Administrative Rules of South Dakota). The 
submittal updated rules and regulations; review procedures for newand 
modified direct sources; variance and enforcement procedure revisions; 
episode procedure changes; and the addition of new source performance 
standards similar to those of EPA.
    (5) Provisions to meet the requirements of Part D of the Clean Air 
Act, as amended in 1977 were submitted on January 3, 1979.
    (6) A new control strategy for Brookings, South Dakota was submitted 
on April 16, 1979.
    (7) On January 21, 1980, the Governor submitted a plan revision to 
meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart 
C, Sec. 58.20, and Public Notification required under section 127 of the 
Clean Air Act.
    (8) Provisions to meet the requirements of Part D of the Clean Air 
Act, as amended in 1977, were submitted on October 16, 1980.
    (9) On September 13, 1982, the Governor submitted a plan revision 
for a new control strategy for Brookings, South Dakota and an amendment 
to the opacity regulation for alfalfa pelletizers.
    (10) On May 4, 1984, the Governor submitted a plan revision for lead 
and repealed the hydrocarbon standard.
    (11) On January 28, 1988, the Governor submitted a plan revision (1) 
updating citations to Federal regulations in the South Dakota air 
pollution control regulations (Administrative Rules of South Dakota 
74:26), (2) adopting new ambient air quality standards for particulates 
(PM10), (3) revising the State administrative procedures for 
handling permit hearings and contested cases, and (4) correcting 
deficiencies in the stack height regulations.
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of South Dakota (ARSD) 
74:26:01:12, ARSD 74:26:01:35, ARSD 74:26:01:37, ARSD 74:26:01:64, ARSD 
74:26:08 through ARSD 74:26:23, inclusive, and addition of a new 
section, ARSD 74:26:02:35, were revised through November 24, 1987.
    (12) In a letter dated August 7, 1986, the Governor submitted 
revisions to the South Dakota SIP adopting federal stack height 
regulations (Administrative Rules of South Dakota 74:26). In a letter 
dated August 20, 1986, the Administrator, Office of Air Quality and 
Solid Waste of South Dakota, submitted the stack height demonstration 
analysis with supplemental information submitted on December 3, 1986.
    (i) Incorporation by reference. (A) Revisions to the Administrative 
Rules of South Dakota 74:26 effective on May 21, 1986. The changes 
consisted of incorporating definitions for good engineering practices 
and dispersion techniques into 74:26:01:12, standard for the issuance of 
construction permit.
    (B) Stack height demonstration analysis submitted by the State with 
letters dated August 20, 1986 and December 3, 1986.
    (13) On September 25, 1992 and February 24, 1992, the Governor of 
South Dakota submitted revisions to the plan for new source performance 
standards and asbestos.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Program, Sections 
74:26:08-74:26:21 and 74:26:23-74:26:25, New Source Performance 
Standards, effective May 13, 1991, Section 74:26:26, Standards of 
Performance for Municipal Waste Combustors, effective November 24, 1991,

[[Page 859]]

and Section 74:26:22, Emission Standards for Asbestos Air Pollutants, 
effective December 2, 1991.
    (14) On September 25, 1991, the designee of the Governor of South 
Dakota submitted revisions to the plan for new source review, operating 
permits, and the PM-10 Group II requirements.
    (i) Incorporation by reference
    (A) Revisions to the Air Pollution Control Program, Sections 
74:26:01-74:26:08, effective May 13, 1991.
    (ii) Additional material
    (A) Letter dated April 14, 1992, from the South Dakota Department of 
Environment and Natural Resources to EPA.
    (15) On November 10, 1992, the Governor of South Dakota's designee 
submitted a plan for the establishment and implementation of a Small 
Business Assistance Program to be incorporated into the South Dakota 
State Implementation Plan as required by section 507 of the Clean Air 
Act. An amendment to the plan was submitted by the Governor's designee 
on April 1, 1994.
    (i) Incorporation by reference.
    (A) November 10, 1992 letter from the Governor of South Dakota's 
designee submitting a Small Business Assistance Program plan to EPA.
    (B) April 1, 1994 letter from the Governor of South Dakota's 
designee submitting an amendment to the South Dakota Small Business 
Assistance Program plan to EPA.
    (C) The State of South Dakota amended plan for the establishment and 
implementation of a Small Business Assistance Program, adopted January 
12, 1994 by the South Dakota Department of Environment and Natural 
Resources.
    (D) South Dakota Codified Laws 34A-1-57, effective July 1, 1992 and 
34A-1-58 through 60, effective July 1, 1993, which gives the State of 
South Dakota the authority to establish and fund the South Dakota Small 
Business Assistance Program.
    (16) On November 12, 1993 and March 7, 1995, the designee of the 
Governor of South Dakota submitted revisions to the plan, which included 
revised regulations for definitions, minor source construction and 
federally enforceable state operating permit (FESOP) rules, source 
category emission limitations, sulfur dioxide rule corrections, new 
source performance standards (NSPS), new source review (NSR) 
requirements for new and modified major sources impacting nonattainment 
areas, and enhanced monitoring and compliance certification 
requirements. The State also requested that the existing State 
regulations approved in the South Dakota SIP be replaced with the 
following chapters of the recently recodified Administrative Rules of 
South Dakota (ARSD): 74:36:01-74:36:04, 74:36:06; 74:36:07, 74:36:10-
74:36:13, and 74:36:15, as in effect on January 5, 1995.

    (i) Incorporation by reference.

    (A) Revisions to the Administrative Rules of South Dakota, Air 
Pollution Control Program, Chapters 74:36:01 (except 74:36:01:01(2) and 
(3)); 74:36:02-74:36:04, 74:36:06; 74:36:07, 74:36:10-74:36:13, and 
74:36:15, effective April 22, 1993 and January 5, 1995.

[37 FR 15089, July 27, 1972, as amended at 41 FR 8966, Mar. 2, 1976; 41 
FR 32744, Aug. 5, 1976; 44 FR 44495, July 30, 1979; 44 FR 46846, Aug. 9, 
1979; 45 FR 58529, Sept. 4, 1980; 46 FR 54542, Nov. 3, 1981; 48 FR 
31200, July 7, 1983; 49 FR 37753, Sept. 26, 1984; 53 FR 34079, Sept. 2, 
1988; 54 FR 24341, June 7, 1989; 58 FR 5297, Jan. 21, 1993; 58 FR 37425, 
July 12, 1993; 59 FR 53592, Oct. 25, 1994; 60 FR 46227, Sept. 6, 1995]



Sec. 52.2171  Classification of regions.

    The South Dakota plan evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant                        
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants   
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Sioux City Interstate...................         III        III       III       III           III  
Metropolitan Sioux Falls Interstate..................          II        III       III       III           III  
Black Hills--Rapid City Intrastate...................         III        III       III       III           III  

[[Page 860]]

                                                                                                                
South Dakota Intrastate..............................         III        III       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10893, May 31, 1972]



Sec. 52.2172  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves South Dakota's plan as meeting the requirements of section 110 
of the Clean Air Act, as amended in 1977. Furthermore, the Administrator 
finds that the plan satisfies all requirements of Part D of the Clean 
Air Act, as amended in 1977.

[46 FR 54542, Nov. 3, 1981]



Sec. 52.2173  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met 
since the South Dakota Compiled Law 34-16A-21 provides that data which 
relates to processes or production unique to the owner or which tend to 
adversely affect a competitive position of the owner shall be held 
confidential.
    (b) Delegation of authority: Pursuant to section 114 of the Act, 
South Dakota requested a delegation of authority to enable it to 
collect, correlate and release emission data to the public. The 
Administrator has determined that South Dakota is qualified to receive a 
delegation of the authority it requested. Accordingly, the Administrator 
delegates to South Dakota his authority under sections 114(a) (1) and 
(2) and section 114(c) of the Act, i.e., authority to collect, 
correlate, and release emission data to the public.

[37 FR 15089, July 27, 1972, as amended at 51 FR 40676, Nov. 7, 1986]

Secs. 52.2174--52.2177  [Reserved]



Sec. 52.2178  Significant deterioration of air quality.

    (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 Sec. 52.21 (b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of South Dakota.
    (c) All applications and other information required pursuant to 
Sec. 52.21 from sources located in the State of South Dakota, except 
from those sources proposing to locate on Indian reservations, shall be 
submitted to the Director of the Division of Environmental Regulation, 
Department of Environment and Natural Resources, Joe Foss Building, 
Pierre, South Dakota 57501 instead of the EPA Region VIII office.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 59 
FR 47261, Sept. 15, 1994]



Sec. 52.2179  Visibility protection.

    (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 and new source review. The 
provisions of Secs. 52.26 and 52.28 are hereby incorporated and made a 
part of the applicable plan for the State of South Dakota.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of South 
Dakota.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]


[[Page 861]]





Sec. 52.2180  Stack height regulations.

    The State of South Dakota has committed to revise its stack height 
regulations should EPA complete rulemaking to respond to the decision in 
NRDC v. Thomas, 838 F.2d 1224 (DC Cir. 1988). In a letter to Douglas M. 
Skie, EPA, dated May 11, 1988, Joel C. Smith, Administrator, Office of 
Air Quality and Solid Waste, stated:

    ``* * * We are submitting this letter to allow EPA to continue to 
process our current SIP submittal with the understanding that if EPA's 
response to the NRDC remand modifies the July 8, 1985 regulations, EPA 
will notify the State of the rules that must be changed to comport with 
the EPA's modified requirements. The State of South Dakota agrees to 
make the appropriate changes.''

[53 FR 34079, Sept. 2, 1988]



Sec. 52.2182  PM10 Committal SIP.

    On July 12 1988, the State submitted a Committal SIP for the Rapid 
City Group II PM10 area, as required by the PM10 
implementation policy. The SIP commits the State to continue to monitor 
for PM10 and to submit a full SIP if a violation of the PM10 
National Ambient Air Quality Standards is detected. It also commits the 
State to make several revisions related to PM10 to the existing 
SIP.

[55 FR 40834, Oct. 5, 1990]



Sec. 52.2183  Variance provision.

    The revisions to the variance provisions in Chapter 74:26:01:31.01 
of the South Dakota Air Pollution Control Program, which were submitted 
by the Governor's designee on September 25, 1991, are disapproved 
because they are inconsistent with section 110(i) of the Clean Air Act, 
which prohibits any state or EPA from granting a variance from any 
requirement of an applicable implementation plan with respect to a 
stationary source.

[58 FR 37426, July 12, 1993]



Sec. 52.2184  Operating permits for minor sources.

    Emission limitations and related provisions established in South 
Dakota minor source operating permits, which are issued in accordance 
with ARSD 74:36:04 and which are submitted to EPA in a timely manner in 
both proposed and final form, shall be enforceable by EPA. EPA reserves 
the right to deem permit conditions not federally enforceable. Such a 
determination will be made according to appropriate procedures and will 
be based upon the permit, permit approval procedures, or permit 
requirements which do not conform with the operating permit program 
requirements of EPA's underlying regulations.

[60 FR 46228, Sept. 6, 1995]



                          Subpart RR--Tennessee



Sec. 52.2219  Identification of plan--conditional approval.

    (a) EPA is conditionally approving the following revisions to the 
Tennessee SIP contingent on the State of Tennessee meeting the schedule 
to correct deficiencies associated with the following rules which was 
committed to in letters dated October 7, 1994, and December 16, 1994, 
from the State of Tennessee to EPA Region IV.

    (1) Rule 1200-3-18-.01  Definitions: Subparagraph (1), the 
definition of ``volatile organic compound,'' effective April 22, 1993.
    (2) Rule 1200-3-18-.02  General Provisions and Applicability: 
Paragraph (8) effective April 22, 1993.
    (3) Rule 1200-3-18-.06  Handling, Storage and Disposal of Volatile 
Organic Compounds (VOC's): Paragraph (1) effective April 22, 1993.
    (4) Rule 1200-3-18-.39  Manufacture of High-Density Polyethylene, 
Polypropylene, and Polystyrene Resins: Subparagraph (5)(a)(2) effective 
April 22, 1993.
    (5) Rule 1200-3-18-.86  Performance Specifications for Continuous 
Emission Monitoring of Total Hydrocarbons: Subparagraph (11)(c) 
effective April 22, 1993.
    (b) [Reserved]
    (c) [Reserved]

[60 FR 10508, Feb. 27, 1995]



Sec. 52.2220   Identification of plan.

    (a) Title of plan: ``Tennessee Air Pollution Control Implementation 
Plan.''
    (b) The plan was officially submitted on January 27, 1972.

[[Page 862]]

    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Certification of public hearing submitted on February 3, 1972, 
by the Division of Air Pollution Control of the Tennessee Department of 
Public Health.
    (2) Miscellaneous corrections to emission inventories submitted on 
February 10, 1972, by the Division of Air Pollution Control of the 
Tennessee Department of Public Health.
    (3) Statements of intent for intergovernmental cooperation submitted 
on April 13, 1972, by the Division of Air Pollution Control of the 
Tennessee Department of Public Health.
    (4) City of Memphis Air Pollution Control Code submitted on April 
27, 1972, by the Division of Air Pollution Control of the Tennessee 
Department of Public Health and the Memphis and Shelby County Health 
Department.
    (5) Minor addition to the Tennessee Code, Section 53-3422, submitted 
on May 3, 1972, by the Division of Air Pollution Control of the 
Tennessee Department of Public Health.
    (6) Clarifying comments on the plan submitted on May 8, 1972, by the 
Division of Air Pollution Control of the Tennessee Department of Public 
Health.
    (7) Statement of public availability of emission data submitted on 
May 12, 1972, by the Division of Air Pollution Control of the Tennessee 
Department of Public Health.
    (8) Miscellaneous changes to Chapters II, III, VII, IX and XII of 
the plan; regulations of Memphis-Shelby County and Knoxville-Knox County 
and resolutions concerning local programs of Davidson, Hamilton and 
Shelby Counties submitted on August 17, 1972, by the Governor.
    (9) Revised emission limits for asphalt plants, cotton gins and 
Kraft mills and establishment of new source performance standards 
submitted on February 16, 1973, by the Tennessee Department of Public 
Health.
    (10) Compliance schedules submitted on March 23, 1973, by the 
Division of Air Pollution Control of the Tennessee Department of Public 
Health.
    (11) Compliance schedules submitted on April 16, 1973, by the 
Division of Air Pollution Control of the Tennessee Department of Public 
Health.
    (12) Certification of public hearing on February 16, 1973, 
submission submitted on April 30, 1973, by the Division of Air Pollution 
Control of the Tennessee Department of Public Health.
    (13) Compliance schedules submitted on May 15, 1973, by the Division 
of Air Pollution Control of the Tennessee Department of Public Health.
    (14) Clarifying comments on the February 16, 1973, submission 
submitted on May 25, 1973, by the Division of Air Pollution Control of 
the Tennessee Department of Public Health.
    (15) Miscellaneous changes to Chapters II through IV and VI through 
XIII of the plan, miscellaneous non-regulatory additions, certification 
of public hearing and compliance schedules submitted on June 8, 1973, by 
the Division of Air Pollution Control of the Tennessee Department of 
Public Health.
    (16) Categorical compliance schedule regulation for SO2 
submitted on June 27, 1973, by the Division of Air Pollution Control of 
the Tennessee Department of Public Health.
    (17) Compliance schedules submitted on July 3, 1973, by the Division 
of Air Pollution Control of the Tennessee Department of Public Health.
    (18) Hamilton County Air Pollution Control Regulations and 
miscellaneous non-regulatory additions to the plan submitted on July 18, 
1973, by the Division of Air Pollution Control of the Tennessee 
Department of Public Health and the Chattanooga-Hamilton County Air 
Pollution Control Bureau.
    (19) Compliance schedules submitted on July 20, 1973, by the 
Division of Air Pollution Control of the Tennessee Department of Public 
Health.
    (20) Chapter IV of the Metropolitan Code for the Metropolitan 
Government of Nashville and Davidson County submitted on August 13, 
1973, by the Division of Air Pollution Control of the Tennessee 
Department of Public Health and the Metropolitan Health Department of 
Nashville and Davidson County.
    (21) Revisions to Chapters II, VI, VII, IX, and XIV of the plan 
concerning SO2 emissions submitted on October 12, 1973, by the 
Division of Air Pollution

[[Page 863]]

Control of the Tennessee Department of Public Health.
    (22) Compliance schedules submitted on October 15, 1973, by the 
Division of Air Pollution Control of the Tennessee Department of Public 
Health.
    (23) Compliance schedules submitted on October 16, 1973, by the 
Division of Air Pollution Control of the Tennessee Department of Public 
Health.
    (24) Compliance schedules submitted on December 26, 1973, by the 
Division of Air Pollution Control of the Tennessee Department of Public 
Health.
    (25) Addition to Subparagraph F, Section I, Chapter XIV submitted on 
January 17, 1974, by the Division of Air Pollution Control of the 
Tennessee Department of Public Health.
    (26) Compliance schedules submitted on February 20, 1974, by the 
Division of Air Pollution Control of the Tennessee Department of Public 
Health.
    (27) Revised emission limits for combustion and process sources of 
sulfur dioxide, submitted on April 30, 1976, by the Division of Air 
Pollution Control of the Tennessee Department of Public Health. (The 
provision for an alternative basis for regulating process sources in 
Shelby County is given conditional approval; any exercise of this 
provision must be made the subject of a plan revision.)
    (28) Regulations providing for continuous monitoring by existing 
sources, submitted on May 22, 1977, by the Division of Air Pollution 
Control of the Tennessee Department of Public Health for the 
Metropolitan Health Department of Nashville and Davidson County.
    (29) Regulations providing for continous monitoring of existing 
sources, control of vinyl chloride emissions, review of new sources in 
nonattainment areas, control of emissions from wood-fired boilers, 
change in diffusion equation limiting particulate emissions, conflict of 
interest rules and miscellaneous other changes, submitted on May 3 and 
June 22, 1978, by the Tennessee Department of Public Health, Division of 
Air Pollution Control.
    (30) 1979 implementation plan revisions for nonattainment areas, 
submitted on February 13 and April 12 and 27, 1979, by the Tennessee 
Division of Air Pollution Control (Bristol, Lafollettee, Jacksboro, 
Sumner Co., Anderson/Knox Counties, Copperhill, Johnsonville area, 
Shelby Co., and Knox Co.)
    (31) Requests for an 18-month extension of the statutory timetable 
for submitting plans to attain and maintain the secondary ambient 
standard for particulate matter in the Chattanooga, Columbia, Kingsport, 
Memphis, and Nashville nonattainment areas, submitted on May 4, 9, and 
17, and June 21 and 22, 1979, by the Tennessee Department of Public 
Health.
    (32) Regulation 1200-3-9-.01-(4) for the review of new sources 
adopted on March 21, 1979, with a State effective date of June 21, 1979, 
and submitted on April 12, 1979, pursuant to the requirements of 
Sec. 51.24 of this chapter (1978 edition) by the Tennessee Division of 
Air Pollution Control.
    (33) 1979 implementation plans for the Nashville TSP and CO 
nonattainment areas and Statewide ozone nonattainment areas, including 
regulations Number 3, and Number 7 for Nashville-Davidson County adopted 
on April 11, 1979 and March 14, 1979, which were submitted on May 15, 
1979, and regulations 1200-3-18-01 through .47, adopted on March 14, 
April 11, June 20 and 28, 1979, and May 1, 1980, and submitted on June 
28, July 2, 1979, and May 8, 1980, by the Tennessee Department of Public 
Health.
    (34) 1979 implementation plan revisions for the Kingsport TSP 
nonattainment area, submitted on August 15, 1979, by the Tennessee 
Department of Public Health.
    (35) Regulation 1200-3-14-.01, -.02,
-.03 for control of sulfur dioxide emissions, adopted on July 1, 1979, 
with a State effective date of November 16, 1979, and submitted on June 
29, 1979, by the Tennessee Department of Public Health.
    (36) [Reserved]
    (37) Transportation related commitments and schedules, submitted on 
March 20 and December 17, 1980, by the Tennessee Division of Air 
Pollution Control to correct deficiencies in the Memphis CO plan given 
conditional approval on February 6, 1980.
    (38) Air quality surveillance plan submitted on April 23, 1980, by 
the Tennessee Department of Public Health.

[[Page 864]]

    (39) Set II VOC regulations, submitted on December 31, 1980, by the 
Tennessee Department of Public Health.
    (40) Davidson County and Hamilton County implementation plans for 
lead, submitted on August 19, 1981, by the Tennessee Department of 
Public Health.
    (41) Revisions involving the following regulations--

Rule 1200-3-11-.02(2)(1)5.(ii): Asbestos;
Rule 1200-3-12-.04(2)(c): Large Existing Fuel Burning Installations;
Rule 1200-3-18-.02(1)(ii): Definitions: Volatile Organic Compounds;
Rule 1200-3-18-.04: Alternative Emission Standard; and
Rule 1200-3-18-.42(3): Individual Compliance Schedules--submitted on 
September 30, 1981, by the Tennessee Department of Public Health.

    (42) Alternative VOC compliance schedule for Werthan Industries, 
Inc., Nashville, submitted on October 9, 1981, by the Tennessee 
Department of Public Health.
    (43) Revision to the Volatile Organic Compound (VOC) definition, 
submitted on August 27, 1980, by the Tennessee Department of Public 
Health.
    (44) Miscellaneous nonregulatory revisions submitted on October 25, 
1979, March 20, 1980, May 5, 1980, August 15, 1980, and November 5, 
1981, and miscellaneous regulatory revisions submitted on February 6, 
1979 (change in Chapter 6), on June 13, 1979 (changes in Chapters 2, 4, 
6, 7, and 8), on September 27, 1979 (change in Chapter 16), on October 
15, 1979 (changes in Chapters 1, 2, 7, 11, 16, and 19), on November 23, 
1979 (changes in Chapters 6, 9, 12, 16, 18, and 20), on February 19, 
1980 (changes in Chapters 2 and 12), October 25, 1980 (changes in 
Chapters 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, and 14), on August 26, 1981 
(changes in Chapters 5, 9, 14, 15, 16, 18, and 19), on September 30, 
1981 (change in Chapter 16), on December 9, 1981 (changes in Chapters 2, 
16, 18, 19, and 20), and on January 22, 1982 (changes in Chapters 2, 5, 
7, 8, 12, 16, 18, 19, and 21).
    (45)(i) Materials developed to meet conditions on the approval of 
the 1979 revisions for the Nashville and Kingsport primary TSP 
nonattainment areas, submitted on September 30, 1980, and December 17, 
1980, respectively, by the Tennessee Department of Public Health. 
Additional materials for Kingsport were submitted on August 27, 1981.
    (ii) 1979 revisions for the Copperhill secondary SO2 
nonattainment area, submitted on August 15, 1980, by the Tennessee 
Department of Public Health.
    (iii) 1979 revisions for the Kingsport secondary TSP nonattainment 
area, submitted on May 8, 1980, by the Tennessee Department of Public 
Health.
    (46) Miscellaneous changes in Chapters 1200-3-5, 10, 12, 18, and 20, 
submitted on December 9, 1981, and miscellaneous changes in Chapters 
1200-3-2, 5, 7, 9, 12, 16, 18, submitted on January 22, 1982, by the 
Tennessee Department of Public Health.
    (47) Metropolitan Nashville-Davidson County Set II VOC Regulation, 
submitted on August 27, 1980 and January 23, 1981, by the Tennessee 
Department of Public Health.
    (48) Extended compliance schedules for five sources of VOC, and 
operating permit for Du Pont de Nemours Company's scrub solids kiln at 
New Johnsonville, submitted on February 12, 1982, by the Tennessee 
Department of Public Health.
    (49) Part D revisions for the Chattanooga primary TSP nonattainment 
area, submitted on August 31, 1981, and December 22, 1982, by the 
Tennessee Department of Public Health. (No action is taken on the 
definition of ``reconstruction'' contained in the revisions.)
    (50) Certain State permits for the Kingsport area, and a visible 
emission technique for nontraditional fugitive dust sources (Method 1) 
submitted on May 10, 1982; and a revision entitled Standard of 
Performance for Storage Vessels for Petroleum Liquids Contracted after 
May 18, 1978, (1200-3-16-/.09a) submitted May 5, 1982, by the Tennessee 
Department of Public Health.
    (51) Changes in visible emission evaluation technique for 
nontraditional sources, submitted on September 29, 1982, by the 
Tennessee Department of Public Health.
    (52) VOC compliance schedule extension for Knowlton Brothers, 
Chattanooga, submitted on August 3, 1982, by the Tennessee Department of 
Public Health.

[[Page 865]]

    (53) Knox County plan for lead, submitted on March 1, 1983, by the 
Tennessee Department of Public Health.
    (54) Revisions to the Part D ozone plan for the Nashville-Davidson 
County nonattainment area, submitted on June 30, 1982, by the Tennessee 
Department of Public Health.
    (55) Nashville-Davidson County regulations for prevention of 
significant deterioration and for new source review in nonattainment 
areas, submitted on October 9, 1981 (revised regulation no. 3), June 3 
and November 22, 1982 (changes in revised regulation no. 3 and in 
Chapter Four of the Metropolitan Code of Nashville and Davidson County), 
and regulations submitted on June 3, 1982, for the control of volatile 
organic compounds, determination of good engineering practice stack 
height, and permits for an equivalent opacity standard for Ford Motor 
Company, by the Tennessee Department of Public Health.
    (56) 1982 revisions in the Part D CO SIP for the Nashville-Davidson 
County nonattainment area (except TCM portion approved on September 13, 
1985), submitted on June 30, 1982, and June 14, 1985.
    (i) Incorporation by reference.
    (A) Metropolitan Health Department Pollution Control Division 
Regulation No. 8 for Inspection and Maintenance (I/M) adopted on May 13, 
1981; and revised on June 12, 1985, and February 15, 1984.
    (B) Metropolitan Nashville and Davidson County's Carbon Monoxide 
Reasonable Further Progress (RFP) curve adopted on May 8, 1985.
    (ii) Other material.
    (A) Narrative adopted June 16, 1982.
    (B) Public awareness program mechanics training program adopted May 
8, 1985.
    (57) Regulatory revisions (changes and additions in regulations 
1200-3-5-.11, 1200-3-12-.04-(4), 1200-3-16-.01-(5), 1200-3-16-.14, 1200-
3-16-.32, 1200-3-16-.33, 1200-3-18-.02(1)(hh), 1200-3-18-.02(ii), 1200-
3-18-.03(1)(b), 1200-3-18-.21(5), and 1200-3-18-.22(2), 1200-3-19-.03 
(g), (h) and addition of regulation 1200-3-18-.30) submitted on April 
22, 1983, and nonregulatory revisions (changes in sections 2.15 and 
2.12.E.2, 2.8.1, and eleven permits for sources in the Kingsport area) 
submitted on April 14, 1983, by the Tennessee Department of Health and 
Environment.
    (58) Materials related to attainment status designations of various 
areas, submitted on January 19, 20, and 21, February 9, March 4, 14, and 
22, April 6, and June 1, 1983, by the Tennessee Department for Health 
and Environment.
    (59) Control strategy demonstration for lead, submitted on June 4, 
1984, by the Tennessee Department of Health and Environment.
    (60) Lead implementation plan for Memphis/Shelby County, submitted 
on June 25, 1984, by the Tennessee Department of Health and Environment.
    (61) Material related to a compliance schedule for Maremont 
Corporation in Pulaski, and two permits for the Kingsport Press in 
Kingsport, submitted on September 15, 1983, and January 16, 1984, by the 
Tennessee Department of Health and Environment.
    (62) Regulations for the prevention of significant deterioration, 
submitted on December 9, 1981, April 22 and September 1, 1983, and 
clarifications submitted on September 5, 1984, and January 17, 1985 by 
the Tennessee Department of Health and Environment. (Action has been 
deferred on the phrase ``except the activities of any vessel'' in 1200-
3-9-.01(4)(b) until EPA revises the definition of stationary source.)
    (63) Changes in rules 1200-3-5-.01 (to revise general visible 
emission standards), 1200-3-2-.01 (to add definition of ``calendar 
quarter''), 1200-3-12-.03 (to specify method for determining inorganic 
lead emissions in stack gases), 1200-3-14 (to revise monitoring 
requirements related to SO2 control), and 1200-3-16-.01 (to specify 
method for determining particulate emissions from asphalt processing and 
roofing manufacture), submitted on October 17, 1984, and change in rule 
1200-3-3 (to delete ambient air quality standard for hydrocarbons), 
submitted on December 5, 1984, by the Tennessee Department of Health and 
Environment.
    (64) Changes in visible emission evaluation methods, submitted on 
September 26, 1984, by the Tennessee Department of Health and 
Environment.
    (65) Changes in visible emission limitations for wood-fired fuel 
burning equipment (changes in regulations

[[Page 866]]

1200-3-5-.06 and 1200-3-5-.07), submitted on October 17, 1984, and 
January 18, 1985, by the Tennessee Department of Health and Environment. 
Coverage of wood-fired fuel equipment was expanded to include units of 
500,000 to 100,000,000 BTU per hour heat input in certain counties; the 
compliance determining technique was changed from the aggregate method 
to the six-minute average.
    (66) State implementation plan for lead, submitted on December 5, 
1984, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference. (A) Amendments to the Tennessee Air 
Pollution Control Regulations, Chapter 1200-3-22, Lead Emission 
Standards, as submitted, and State-effective on December 5, 1984.
    (B) Operating permits for:
    (1) Ross Metals, Inc., issued on December 5, 1984.
    (2) General Smelting and Refining Company, issued on December 5, 
1984.
    (3) Tennessee Chemical Company, issued on December 5, 1984.
    (ii) Additional information. (A) Control Strategy and modelling, 
submitted on June 4, 1984.
    (67) Letter of commitment, submitted on December 20, 1984, by the 
Memphis-Shelby County Health Department.
    (i) Incorporation by reference. (A) Letter of commitment on new 
source review for lead sources, submitted on December 20, 1984, by the 
Memphis County Health Department.
    (ii) Additional information. (A) None.
    (68) Revisions in the TCM portion of the 1982 CO SIP for Nashville-
Davidson County, submitted on July 18, 1984, and adopted on June 4, 
1984.
    (i) Incorporation by reference. (A) Air Pollution Control Board of 
the State of Tennessee Board Order 13 84, which is a statement of intent 
to adopt two-cent gas tax equivalent measures in place of return of 1980 
level of service in Nashville-Davidson County CO SIP TCM; and July 18, 
1984 letter from the Tennessee Department of Health and Environment 
which approves the Metropolitan Nashville and Davidson County Legally 
Enforceable Limits and Schedules effective June 4, 1984.
    (ii) Additional material. (A) Revision of the calculations on 
reductions due to implementation of the Rideshare Program submitted on 
July 18, 1984.
    (69) Tennessee Visible Emission Evaluation Method 3, was submitted 
on January 16 and June 14, 1985, by the Tennessee Department of Health 
and Environment.
    (i) Incorporation by reference.
    (a) January 16, 1985 letter from Tennessee Department of Health and 
Environment and Tennessee Visible Emission Evaluation Method 3, Secs. 1, 
2, and 5, became State-effective on December 12, 1984.
    (b) June 14, 1985 letter from Tennessee Department of Health and 
Environment and Tennessee Visible Emission Evaluation Method 3, Secs. 3 
and 4, became State-effective on May 30, 1985.
    (ii) Other material--none.
    (70)-(71) [Reserved]
    (72) Five Board Orders were submitted on January 29, 1986, by the 
Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 2-86 from Tennessee Department of Health and 
Environment, became State-effective on January 15, 1986.
    (B) Board Order 3-86 from Tennessee Department of Health and 
Environment, became State-effective on January 15, 1986.
    (C) Board Order 5-86 from Tennessee Department of Health and 
Environment, became State-effective on January 15, 1986.
    (ii) Other material--none.
    (73) Tennessee Visible Emissions Evaluation Method 4 was submitted 
on May 28, 1986, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Visible Emissions Evaluation Method 4, which became 
State-adopted on April 16, 1986.
    (ii) Other material--none.
    (74) Board Orders 7-86 and 11-86 were submitted on May 9, 1986, by 
the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 7-86, which became State-effective on April 16, 
1986.
    (B) Board Order 11-86, and temporary operating permit for Refined 
Metals

[[Page 867]]

Corp., permit No. 0212-OIP, which became State-effective on April 16, 
1986.
    (ii) Other material--none.
    (75) Board Order 12-86, a one-year variance from SO2 ambient 
monitoring by DuPont in Old Hickory, was submitted on July 7, 1986, by 
the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 12-86, which became State-effective on June 19, 
1986.
    (ii) Other material--none.
    (76) Board Orders 23-86, 24-86, 34-86 and 36-86 were submitted on 
October 7, 1986 and December 30, 1986, respectively by the Tennessee 
Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 23-86, which became State-effective on September 17, 
1986.
    (B) Board Order 24-86, which became State-effective on September 17, 
1986.
    (C) Board Order 34-86, which became State-effective on November 20, 
1986.
    (D) Board Order 36-86, which became State-effective on November 20, 
1986.
    (ii) Other material--none.
    (77) Board Orders 35-86 and 5-87 were submitted on February 17, 
1987, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 35-86, Opacity variance for Hassel and Hughes Lumber 
Company, which was approved on November 19, 1986.
    (B) Board Order 5-87, variance for Texas Gas Transmission 
Corporation which was approved on January 21, 1987.
    (ii) Other material--none.
    (78) A variance from Rule 1200-3-18.21 was submitted to EPA on 
December 30, 1986, by the Tenessee Department of Health and Environment.
    (i) Incorporation by referemce.
    (A) A variance for coating bicycles at Murray Ohio Manufacturing 
Company granted by the Tennessee Department of Health and Environment 
Air Pollution Control Board, approved on November 19, 1986.
    (ii) Additional material--none.
    (79) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on 
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air 
Pollution Control, Board Order 08-87 approved on August 13, 1987.
    (B) Letter of January 6, 1988, from the Tennessee Department of 
Health and Environment.
    (ii) Other materials--none.
    (80) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on 
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air 
Pollution Control, Board Order 11-87 approved on August 13, 1987.
    (B) Letter of January 6, 1988, from the Tennessee Department of 
Health and Environment.
    (ii) Other materials--none.
    (81) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on 
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation of reference.
    (A) Tennessee Department of Health and Environment, Division of Air 
Pollution Control, Board Order 29-87 approved on December 10, 1987.
    (B) Letter of January 6, 1988, from the Tennessee Department of 
Health and Environment.
    (ii) Other materials--none.
    (82) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on 
February 25, 1988, by the Tennessee Department of Health and 
Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air 
Pollution Control, Board Order 2-88 approved on February 18, 1988.
    (B) Letter of February 25, 1988, from the Tennessee Department of 
Health and Environment.
    (ii) Other materials-none.
    (83) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on 
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air 
Pollution Control, Board Order 27-87 approved on December 10, 1987.
    (B) Letter of January 6, 1988, from the Tennessee Department of 
Health and Environment.

[[Page 868]]

    (ii) Other materials--none.
    (84) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on 
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air 
Pollution Control Board Order 19-87 approved on October 2, 1987.
    (B) Letter of January 6, 1988, from the Tennessee Department of 
Health and Environment.
    (ii) Other materials--none.
    (85) Board Orders 10-87 and 15-87, incorporating the Prevention of 
Significant Deterioration modeling guideline in the State of Tennessee 
and Nashville/Davidson County regulations, submitted on January 6, 1988 
by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 10-87, revision to the Prevention of Significant 
Deterioration modeling guideline for the State of Tennessee, which was 
approved on August 13, 1987.
    (B) Board Order 15-87, revision to the Prevention of Significant 
Deterioration modeling guideline for Nashville/Davidson County, which 
was approved on August 13, 1987.
    (C) Letter of January 6, 1988 from the Tennessee Department of 
Health and Environment.
    (ii) Other material--none.
    (86) Board Order 1-87 concerning Legally Enforceable Limits and 
Schedules for the Metropolitan Nashville and Davidson County portion of 
the Tennessee State Implementation Plan for Total Suspended 
Particulates, was submitted on February 17, 1987, by the Tennessee 
Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 1-87, and amendments to Sec. 2.12.1.D.8, ``Legally 
Enforceable Limits and Schedules'', of the Metropolitan Nashville and 
Davidson County portion of the Tennessee State Implementation Plan for 
Total Suspended Particulates, approved on January 21, 1987.
    (ii) Other material--none.
    (87) A certificate of alternate control of volatile organic compound 
emissions for Avco Aerostructures/Textron was submitted to EPA on 
February 25, 1988, by the State of Tennessee for the Metropolitan Health 
Department of Nashville and Davidson County.
    (i) Incorporation by reference.
    (A) Letter of February 25, 1988, from the State of Tennessee Air 
Pollution Control Board.
    (B) Certificate of alternate control of volatile organic compound 
(VOC) emissions for Avco Aerostructures/Textron, adopted by the 
Metropolitan Board of Health on February 9, 1988.
    (C) Avco Aerostructures/Textron operating permit numbers 42-3, 42-4, 
42-5, 42-6, 42-7, 42-8, 42-9, 42-10, 42-18, 42-19.
  (88) Rule 1200-3-19-.06, Logs for Operating Hours, submitted on 
February 19, 1980, by the Tennessee Department of Health and 
Environment.
    (i) Incorporation by reference.
    (A) Rule 1200-3-19-.06, Logs for Operating Hours which became State-
effective February 14, 1980.
    (B) Letter of February 19, 1980, from the Tennessee Department of 
Public Health.
    (ii) Other material--none.
    (89) Revised Memphis and Shelby County regulations (Board Order 17-
86) submitted on July 7, 1986.
    (i) Incorporation by reference.
    (A) Memphis and Shelby County regulations, Board Order 17-86, which 
became State-effective June 18, 1986. The regulations that are approved 
are as follows:

Sections 16-46
Sections 16-47
Sections 16-48
Sections 16-49 except for Rule 1200-3-3-.05 (the last sentence)
Sections 16-50
Sections 16-51
Sections 16-56
Sections 16-57
Sections 16-58
Sections 16-59
Sections 16-71
Sections 16-77 except for Rules 1200-3-9.01(3); 1200-3-9-
          .01(4)(b)(6)(the phrase, ``.except the activities of any 
          vessel.''); 1200-3-9-.01(4)(o)(2); 1200-3-9-.02(1)-(3),(6)-
          (10) and the last sentence of (5); 1200-3-9-.03(2)(the last 
          sentence), .03(2)(a), and .03(2)(b)
Sections 16-78 except for Rules 1200-3-7-.03(2); 1200-3-7-.04(2)(the 
          last sentence); 1200-3-7-.07(2)-(5); 1200-3-7-.09
Sections 16-79
Sections 16-80
Sections 16-82 except for Rules 1200-3-14-.02; 1200-3-14-.03(5) and (6)

[[Page 869]]

Sections 16-83 except for Rules 1200-3-5-.01(2) and (3); 1200-3-5-.03(2)
Sections 16-84
Sections 16-85
Sections 16-86
Sections 16-87
Sections 16-88 except paragraph(b)
Sections 16-89
Sections 16-90
Sections 16-91

    (B) Letter of July 7, 1986, from the Tennessee Department of Health 
and Environment.
    (ii) Other material--none.
    (90) An amendment to Section 7-1 of the Nashville/Davidson County 
regulations was submitted on June 15, 1988, by Tennessee's Department of 
Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air 
Pollution Control, Board Order 11-88 approved on June 8, 1988.
    (B) Letter of June 15, 1988, from the Tennessee Department of Health 
and Environment.
    (ii) Other material-none.
    (91) Board Orders 13-87, deleting five operating permits for 
Tennessee Eastman Company from the SIP, and 14-87, deleting an operating 
permit for General Smelting and Refining from the SIP, submitted on 
January 6, 1988.
    (i) Incorporation by reference.
    (A) Board Order 13-87, for Tennessee Eastman Company, approved 
August 13, 1987.
    (B) Board Order 14-87, for General Smelting and Refining Company, 
approved August 13, 1987.
    (C) Letter of January 6, 1988, from the Tennessee Department of 
Health and Environment.
    (ii) Other material--none.
    (92) Revised Knox County regulations: Tennessee Air Pollution 
Control Board Order 17-86, submitted on July 7, 1986; Board Order 27-86, 
submitted on October 7, 1986; and Board Order 2-87, submitted on 
February 17, 1987.
    (i) Incorporation by reference. (A) Tennessee Air Pollution Control 
Board Orders 17-86, and Knox County regulations 12.0-20.0, 22.0, 24.0, 
25.0, except 25.2.B, 26.0-41.0, and 46.0, which became State effective 
June 18, 1986; 27-86, and Knox County regulation 35.3 and amendments to 
41.1, which became State effective September 17, 1986; and 2-87 and Knox 
County regulation 47.0, which became State effective January 21, 1987.
    (ii) Additional material. (A) Letters of July 7, 1986, October 7, 
1986, and February 17, 1987, from the Tennessee Department of Health and 
Environment, submitting the Knox County SIP revisions.
    (93) Stack height regulations were submitted to EPA on August 18, 
1986, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Air Pollution Control Regulations, Good Engineering 
Practice Stack Height Regulations, which became effective on November 
22, 1987.
    (ii) Other material--none.
    (94) A revision of Rule 1200-3-18-.02(m) was submitted to EPA on 
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Amendment to Tennessee Department of Health and Environment 
rules (revision of Paragraph 1200-3-18-.02(m)), State-effective on 
November 10, 1986.
    (ii) Other material--none.
    (95) Rules 1200-3-6-.05(4), Wood Fired Fuel Burning Equipment, 1200-
3-19-.11(3)(b), Particulate Matter Emissions Regulations for the Bristol 
Nonattainment Area, and 1200-3-19-.12(2)(g), Particulate Matter Emission 
Regulations for Air Contaminant Sources in or Significantly Impacting 
the Particulate Nonattainment Control Areas in Campbell County, which 
were submitted January 6, 1988.
    (i) Incorporation by reference.
    (A) Rule 1200-3-6-.05(4), Wood Fired Fuel Burning Equipment, which 
is State-effective, May 30, 1987.
    (B) Rule 1200-3-19-.11(3)(b), Particulate Matter Emission 
Regulations for the Bristol Nonattainment Area, which is State-effective 
May 30, 1987.
    (C) Rule 1200-3-19-.12(2)(g), Particulate Matter Emission 
Regulations for Air Contaminant Sources in or Significantly Impacting 
the Particulate Nonattainment Control Areas in Campbell County, which is 
State-effective May 30, 1987.
    (ii) Other material--none.
    (96) Tennessee Air Pollution Control Board Order 03-89 approving 
permits

[[Page 870]]

amended by agreed orders for fourteen sources was submitted to EPA on 
May 16, 1989, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference. (A) Chattanooga-Hamilton County Air 
Pollution Control Board Agreed Order, Docket No. 582.01, Astec 
Industries, Inc., effective March 20, 1989.
    (B) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.02, Browning-Ferris Industries, effective March 
20, 1989.
    (C) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.03, The Landes Company Inc., effective March 20, 
1989.
    (D) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.04, Chattanooga Armature Works, effective March 
20, 1989.
    (E) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.05, Combustion Engineering, Inc., effective March 
20, 1989.
    (F) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.06, Cumberland Corporation, effective March 20, 
1989.
    (G) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.07, Ekco/Glaco, Inc., effective March 20, 1989.
    (H) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.08, Electrical Systems, Inc., effective March 20, 
1989.
    (I) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.09, Mueller Company, effective March 20, 1989.
    (J) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.10, McKee Baking Company, effective March 20, 
1989.
    (K) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.11, Royal, Incorporated, effective March 20, 1989.
    (L) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.12, Tuftco Corporation, effective March 20, 1989.
    (M) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.13, Sherman & Reilly, Inc., effective March 20, 
1989.
    (N) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.14, United States Stove Company, effective March 
20, 1989.
    (O) Board Order 03-89 of the Tennessee Air Pollution Control Board 
which adopts fourteen miscellaneous metal parts coaters' permits for 
Chattanooga-Hamilton County on May 10, 1989.
    (ii) Other materials. (A) Letter of May 16, 1989, from the Tennessee 
Department of Health and Environment.
    (97) Revisions to the Nashville/Davidson County portion of the 
Tennessee SIP which included PM10 regulations (Board Orders 10-88 
and 88-15) submitted on December 14, 1988.
    (i) Incorporation by reference. (A) Revisions to Nashville/Davidson 
County Regulation No. 3, ``New Source Review'' and Board Order 10-88 
approved June 8, 1988. The following regulations are approved:

Section 3-1-Definition--(dd), (ee) and (gg)
Section 3-2-Registration and Permits--(b)(2) and (e)
Section 3-3-Prevention of Significant Deterioration (PSD) Review--
          (a)(1), (e)(2), (f), (g)(6), (g)(7) and (g)(8)

    (B) Revisions to Nashville/Davidson County Metropolitan Code Chapter 
4 Subchapter 1 ``Air Pollution Control'' and Board Order 88-15 approved 
on November 16, 1988. The following regulations are approved:

Section 4-1-1-Definitions--PM10 Emissions, Particulate Matter 
          Emissions, Total Suspended Particulate, and Particulate Matter
Section 4-1-6-Incinerator Regulations--(f)
Section 4-1-16-Registration and Permits--(c) and f(3)
Section 4-1-18-Ambient Air Quality Standards

    (98) Nashville/Davidson County stack height provisions (Board Order 
28-86) submitted as revisions to the Tennessee SIP on October 7, 1986.
    (i) Incorporation by reference.
    (A) Tennessee Air Pollution Control Board Order 28-86 and Nashville/
Davidson County Regulation No. 3, Sections 3-1 and 3-2 introductory 
paragraph which was approved September 17, 1986.
    (ii) Other material.

[[Page 871]]

    (A) Letter of October 7, 1986, from the Tennessee Department of 
Health and Environment.
    (99) PM10 revisions to the Knox County portion of the Tennessee 
SIP adopted in Board Order 06-89 and submitted on August 2, 1989.
    (i) Incorporation by reference.
    (A) PM10 revisions to the Knox County regulations and Board 
Order 06-89 which became State-effective July 19, 1989. The following 
regulations are approved:

Section 13, Definitions,
    13.56 PM10
    13.57 PM10 emissions
    13.58 Total Suspended Particulate
Section 14.0, Ambient Air Quality Standards, Table I
Section 14.4A, Procedures for Ambient Sampling and Analysis
Section 36.1, Emergency Regulations (Episode Criteria), B., C. and D.

    (ii) Additional material--none.
    (100) Revisions to the Hamilton County portion of the Tennessee SIP 
which approved the regulations for Hamilton County, the City of 
Chattanooga and the nine other municipalities in Hamilton County adopted 
in Board Order 05-89 and submitted on July 20, 1989.
    (i) Incorporation by reference. (A) The entire set of regulations, 
``The Hamilton County Air Pollution Control Regulation'', as submitted 
on July 20, 1989, except for section 9, Rules 15, 16, 18.2(q)(2), and 
25.21.
    (B) The entire set of regulations, ``The Chattanooga Air Pollution 
Control Ordinance'', as submitted on July 20, 1989, except for section 
4-41, Rules 15, 16, 18.2(o)(2), and 25.21, and as amended by Ordinances 
Nos. 8413, dated January 15, 1985; 8675, dated July 29, 1986; and 8705, 
except sections 5 and 6, dated September 30, 1986.
    (C) The entire set of regulations, ``The Collegedale Air Pollution 
Control Ordinance'', as submitted on July 20, 1989, except for section 
8-541, Rules 15, 16, and 18.2(o)(2).
    (D) The entire set of regulations, ``The East Ridge Air Pollution 
Control Ordinance'', as submitted on July 20, 1989, except for section 
8-741, Rules 15, 16, and 18.2(o)(2).
    (E) The entire set of regulations, ``The Lakesite Air Pollution 
Control Ordinance'', as submitted on July 20, 1989, except for section 
41, Rules 15, 16, and 18.2(o)(2).
    (F) The entire set of regulations, ``The Lookout Mountain Air 
Pollution Control Ordinance'', as submitted on July 20, 1989, except for 
section 41, Rules 15, 16, and 18.2(o)(2).
    (G) The entire set of regulations, ``The Red Bank Air Pollution 
Control Ordinance'', as submitted on July 20, 1989, except for section 
8-341, Rules 15, 16, and 18.2(o)(2).
    (H) The entire set of regulations, ``The Ridgeside Air Pollution 
Control Ordinance'', as submitted on July 20, 1989, except for section 
41, Rules 15, 16, and 18.2(o)(2).
    (I) The entire set of regulations, ``The Signal Mountain Air 
Pollution Control Ordinance'', as submitted on July 20, 1989, except for 
section 41, Rules 15, 16, and 18.2(o)(2).
    (J) The entire set of regulations, ``The Soddy-Daisy Air Pollution 
Control Ordinance'', as submitted on July 20, 1989, except for section 
8-141, Rules 15, 16, and 18.2(o)(2).
    (K) The entire set of regulations, ``The Walden Air Pollution 
Control Ordinance'', as submitted on July 20, 1989, except for section 
41, Rules 15, 16, and 18.2(o)(2).
    (L) Tennessee Air Pollution Control Board Order 05-89, which became 
State-effective July 19, 1989, adopted regulations for Hamilton County, 
the City of Chattanooga and the nine other Hamilton County 
municipalities as revisions to the Hamilton County portion of the 
Tennessee SIP.
    (ii) Additional material. (A) The July 20, 1989, submittal from the 
Tennessee Department of Health and Environment submitting the 
regulations for Hamilton County, Chattanooga and the nine other Hamilton 
County municipalities as revisions to the Hamilton County portion of the 
Tennessee SIP.
    (101) Revisions to the Nashville/Davidson County portion of the 
Tennessee SIP submitted on October 3, 1989.
    (i) Incorporation by reference.
    (A) Tennessee Air Pollution Control Board Order 10-89 and Nashville/
Davidson County Metropolitan Health Department Regulation No. 10, 
``Infectious Waste Incinerators'' which became State effective September 
13, 1989.

[[Page 872]]

    (ii) Other material.
    (A) The October 3, 1989 letter from the Tennessee Department of 
Health and Environment submitting Regulation No. 10.
    (102) [Reserved]
    (103) A revision to the Metropolitan-Davidson County portion of 
Tennessee's SIP, Regulation No. 7--Regulation for Control of Volatile 
Organic Compounds was submitted on February 16, 1990.
    (i) Incorporation by reference.
    (A) Regulation No. 7--Regulation for the Control of Volatile Organic 
Compounds, except Section 7-22, effective February 14, 1990.
    (ii) Other material.
    (A) Letter of February 16, 1990 from the Tennessee Department of 
Health and Environment.
    (104) The Tennessee Department of Conservation submitted a Board 
order including a certificate of alternate control and revised permits 
for the Nissan Motor Manufacturing facility located in Smyrna, 
Tennessee, to EPA on February 19, 1991, with revised information 
provided on April 29, 1991.
    (i) Incorporation by reference.
    (A) Nissan Motor Manufacturing Corporation USA operating permit 
numbers 029538P, 029539P, 029540P, 029541P, 029543P and 029544P which 
were issued on July 30, 1990, and 030180P which was issued on September 
17, 1990.
    (ii) Other materials.
    (A) Letters of February 19, 1991, and April 29, 1991, from the 
Tennessee Department of Conservation.
    (105) Amendments to the Nashville/Davidson County portion of 
Tennessee's SIP, Regulation No. 7--Regulation for Control of Volatile 
Organic Compounds submitted on July 3, 1991, October 4, 1991, and 
January 2, 1992.
    (i) Incorporation by reference.
    (A) Regulation No. 7--Regulation for the Control of Volatile Organic 
Compounds, effective December 10, 1991.
    (ii) Other material.
    (A) Letter of July 3, 1991, from the Metropolitan Health Department 
for Nashville/Davidson County.
    (B) Letter of October 4, 1991, from the Metropolitan Health 
Department for Nashville/Davidson County.
    (C) Letter of January 2, 1991, from the Metropolitan Health 
Department for Nashville/Davidson County.
    (106) Amendments to the Knox County portion of Tennessee's SIP, 
submitted on January 4, 1991.
    (i) Incorporation by reference.
    (A) Amendments to Regulations 25.2B, 29.1B, 17.4E, 18.1, 19.1, 
47.3C, effective December 13, 1990.
    (ii) Other material.
    (A) Letter of January 4, 1991, from the Tennessee Department of 
Health and Environment.
    (107) Revisions to the New Johnsonville SO2 portion of the 
Tennessee State Implementation Plan submitted on August 2, 1983, by the 
State of Tennessee through the Tennessee Air Pollution Control Board.
    (i) Incorporation by reference.
    (A) Revisions to the following Tennessee Air Pollution Control 
Regulations which became State-effective on December 13, 1982:

1200-3-3-.05--Achievement
    (B) Revisions to the following Tennessee Air Pollution Control 
Regulations which became State-effective on December 17, 1982:

1200-3-19-.14--Sulfur Dioxide Emission Regulation for the New 
Johnsonville Nonattainment Area

    (C) Revisions to the following Tennessee Air Pollution Control 
Regulations which became State-effective on August 1, 1984:

1200-3-14-.01(2)--General Provisions
1200-3-14-.02(1)(a)--Non-process Emissions Standards

    (ii) Other material.

None
    (108) Revisions to the Memphis-Shelby County portion of the 
Tennessee SIP submitted on July 3, 1991, and June 15, 1992, by the State 
of Tennessee through the Tennessee Air Pollution Control Board.
    (i) Incorporation by reference.
    (A) Permit for battery receiving and breaking operation for Refined 
Metals Corporation which became effective on June 12, 1991: Permit No. 
0212-01P.
    (B) Permit for the refining kettles/casting area for Refined Metals 
Corporation which became effective on June 12, 1991: Permit No. 0212-
04P.

[[Page 873]]

    (C) Permit for the blast furnace/dust furnace for Refined Metals 
Corporation which became effective on June 10, 1992: Permit No. 0212-
03P(R).
    (ii) Other material.
    (A) None.
    (109) Addition of Section 45, Prevention of Significant 
Deterioration to the Knox County portion of the Tennessee SIP, submitted 
and revised on January 29, 1992 and June 15, 1992, respectively.
    (i) Incorporation by reference.
    (A) Amendments to Section 45.0 of the Knox County regulations were 
adopted on June 10, 1992.
    (ii) Other material. None.
    (110) Revisions to the VOC portion of the Knox County portion of the 
Tennessee SIP to correct deficiencies, which were submitted on January 
4, 1991, January 29, 1992, and June 15, 1992, respectively.
    (i) Incorporation by reference.
    (A) Amendments to the following Sections of the Knox County 
regulations--13.15, 46.1-B, 46.4-B.7, 46.4-B.8, 46.4-B.9, 46.4-I, 46.6-
D.6, 46.8-B.1.d, 46.11-B.5, 46.11-B.6--were adopted on December 13, 
1990.
    (B) Amendments to the following Sections of the Knox County 
regulations--27.2-A and 46.2--were adopted on November 13, 1991.
    (C) Amendments to the following Sections of the Knox County 
regulations--26.5-B, 27.2, 28.1-A.4, 46.2-A.7, 46.2-A.34, 46.6-D.7, 
46.17-D, 46.19, 46.20, and 46.21--were adopted on June 10, 1992.
    (ii) Other material.
    (A) Letter of January 4, 1991, from the Tennessee Department of 
Conservation and Environment.
    (B) Letter of January 29, 1992, from the Tennessee Department of 
Conservation and Environment.
    (C) Letter of June 15, 1992, from the Tennessee Department of 
Conservation and Environment.
    (111) The maintenance plan for Knox County submitted by the 
Tennessee Department of Environment and Conservation on August 26, 1992, 
as part of the Tennessee SIP.
    (i) Incorporation by reference.
    (A) Knox County Ozone Attainment Redesignation State Implementation 
Plan Revision Support Document, which became State-effective on August 
12, 1992; and
    (B) Emissions Inventory Projections (1990-2004) for Knox County, 
which became State-effective on August 12, 1992.
    (ii) Other material.
    (A) Letter dated August 26, 1992, from the Tennessee Department of 
Environment and Conservation.
    (112)-(113) [Reserved]
    (114) On July 13, 1990, and February 26, 1993, Nashville-Davidson 
county submitted revisions to the Nashville-Davidson county portion of 
the Tennessee SIP through the Tennessee Department of Air Pollution 
Control which were intended to bring their regulations into conformity 
with EPA's New Source Review (NSR) requirements and EPA's Prevention of 
Significant Deterioration (PSD) increments for nitrogen dioxide 
(NO2). The USEPA is granting limited approval to the revisions to 
the Nashville-Davidson county NSR regulations because the revised 
regulations strengthen the SIP.
    (i) Incorporation by reference.
    (A) Amendments to sections 3-1(e) and 3-3(e)(2)(iii) of the 
Nashville-Davidson county portion of the Tennessee regulations were 
adopted by the Nashville Metropolitan Board of Health on April 12, 1990.
    (B) Amendments to sections 3-1(d), 3-1(t), 3-1(x)(7),3-1(ee)(3), 3-
1(gg), 3-1(hh), 3-2(b)(2)(ii), and 3-2(b)(3) were adopted by the 
Nashville Metropolitan Board of Health on December 8, 1992.
    (ii) Other material--none.
    (115) Revisions to the rules in the State's portion of the Tennessee 
State Implementation Plan (SIP) regarding control of volatile organic 
compounds (VOCs) were submitted on June 25, 1992, and March 22, 1993, by 
the Tennessee Department of Environment and Conservation. Revisions to 
the rules in the Memphis-Shelby County portion of the Tennessee SIP 
regarding control of VOCs were submitted on November 5, 1992, and April 
22, 1993, by the State on behalf of Memphis-Shelby County. In these 
submittals, Memphis-Shelby County adopted State regulations by 
reference.
    (i) Incorporation by reference.
    (A) Revisions to the following State of Tennessee regulations were 
effective on June 7, 1992.

[[Page 874]]

    (1) Rule 1200-3-2-.01 General Definitions: Subparagraphs (1)(b), 
(c), (z), (aa), (gg), (vv), (zz), (ccc), (lll), (mmm), (nnn), (eeee), 
(ffff), (gggg), and (iiii).
    (2) Rule 1200-3-18-.01 Purposes and General Provisions: Paragraphs 
(1), (3), (4) introductory paragraph and (4)(a), (5), and (6).
    (3) Rule 1200-3-18-.02 Definitions: Subparagraphs (1)(a), (b), (c), 
(f), (m), (ii), and (jj).
    (4) Rule 1200-3-18-.04 Alternate Emission Standard.
    (5) Rule 1200-3-18-.05 Automobile and Light Duty Truck 
Manufacturing.
    (6) Rule 1200-3-18-.06 Paper Coating: Subparagraph (1)(b) and 
paragraphs (2), (3), and (4).
    (7) Rule 1200-3-18-.07 Petroleum Liquid Storage: Introductory 
paragraph of paragraph (4).
    (8) Rule 1200-3-18-.08 Bulk Gasoline Plants: Paragraphs (2) and (3).
    (9) Rule 1200-3-18-.09 Bulk Gasoline Plants: Paragraph (2), 
subparagraph (3)(d), and paragraph (6).
    (10) Rule 1200-3-18-.10 Gasoline Service Stations Stage I: 
Paragraphs (2), (3) (except subparagraph (3)(a)), (4), and (6).
    (11) Rule 1200-3-18-.11 Petroleum Refinery Sources: Paragraph (2).
    (12) Rule 1200-3-18-.12 Can Coating: Paragraphs (3) and (4).
    (13) Rule 1200-3-18-.13 Coil Coating: Paragraphs (1), (2), and (4).
    (14) Rule 1200-3-18-.14 Fabric and Vinyl Coating: Subparagraph 
(1)(b) and paragraphs (2), (3), and (4).
    (15) Rule 1200-3-18-.15 Metal Furniture Coating: Paragraphs (3) and 
(4).
    (16) Rule 1200-3-18-.16 Surface Coating of Large Appliances: 
Paragraphs (3), (4), and (5).
    (17) Rule 1200-3-18-.17 Magnet Wire Coating: Paragraphs (2) and (3).
    (18) Rule 1200-3-18-.18 Solvent Metal Cleaning: Paragraphs (2) and 
(3).
    (19) Rule 1200-3-18-.20 Flat Wood Paneling Coating: Introductory 
paragraph of paragraph (2), paragraphs (4), (5), and (6).
    (20) Rule 1200-3-18-.21 Surface Coating of Miscellaneous Metal Parts 
and Products: Subparagraphs (1)(g) and (h), paragraph (2), subparagraph 
(5)(1), and paragraphs (6), (7), and (8).
    (21) Rule 1200-3-18-.22 Leaks from Gasoline Tank Trucks and Vapor 
Collection Systems: Introductory paragraph of paragraph (2), 
subparagraph (2)(a), paragraphs (3), (4), (5), and (6).
    (22) Rule 1200-3-18-.23 Petroleum Refinery Equipment Leaks: 
Introductory paragraph of paragraph (2), subparagraph (2)(a), and 
paragraph (4).
    (23) Rule 1200-3-18-.25 Petroleum Liquid Storage in External 
Floating Roof Tanks: Introductory paragraph of paragraph (2), and 
paragraph (5).
    (24) Rule 1200-3-18-.26 Manufacture of Pneumatic Rubber Tires: 
Introductory paragraph of paragraph (2), paragraphs (4), (5), and (6).
    (25) Rule 1200-3-18-.27 Manufacture of Synthesized Pharmaceutical 
Products: Introductory paragraph of paragraph (2), paragraphs (3), (4), 
and (5).
    (26) Rule 1200-3-18-.28 Perchloroethylene Dry Cleaning: Introductory 
paragraph of paragraph (2), paragraphs (4) and (5), and subparagraph 
(6)(d).
    (27) Rule 1200-3-18-.29 Graphic Arts-Rotogravure and Flexography: 
Introductory paragraph of paragraph (2), subparagraph (2)(b), paragraphs 
(5) and (6).
    (28) Rule 1200-3-18-.30 Surface Coating of Aerospace Components.
    (29) Rule 1200-3-18-.40 Regulations Required in Nonattainment Areas.
    (30) Rule 1200-3-18-.41 Compliance Schedules.
    (31) Rule 1200-3-18-.42 Individual Compliance Schedules: Paragraphs 
(1), (2), (3), and (4).
    (32) Rule 1200-3-18-.43 General Provisions for Test Methods and 
Procedures.
    (33) Rule 1200-3-18-.44 Determination of Volatile Content of Surface 
Coatings.
    (34) Rule 1200-3-18-.45 Test Method for Determination of Volatile 
Organic Compound Emissions Control Systems Efficiency.
    (35) Rule 1200-3-18-.46 Test Method for Determination of Solvent 
Metal Cleaning Organic Compound Emissions.
    (36) Rule 1200-3-18-.47 Test Procedure for Determination of VOC 
Emissions from Bulk Gasoline Terminals.
    (B) Revisions to the following State of Tennessee regulations were 
effective on March 18, 1993.

[[Page 875]]

    (1) Rule 1200-3-21-.01 General Alternate Emission Standard: 
Paragraphs (1), (2), (3), (4), and (9).
    (2) Rule 1200-3-21-.02 Applicability.
    (ii) Additional material--none.
    (116) The Tennessee Department of Environment and Conservation 
submitted a SIP revision that amended Rule 1200-3-18 which was submitted 
to EPA on May 18, 1993. These amendments add Stage II provisions to this 
rule.
    (i) Incorporation by reference.
    (A) Rule 1200-3-18-.24 which became State-effective June 21, 1993.
    (B) Revisions to the Davidson County portion of the Tennessee SIP. 
Rule 7, Section 7-1 (11), Rule 7, Section 7-13, Rule 7, Section 7-25(b) 
which became state effective on November 4, 1992.
    (ii) Other material. None.
    (117) The Tennessee Department of Environment and Conservation has 
submitted revisions to the Tennessee State Implementation Plan. These 
revisions address the requirements of section 507 of Title V of the CAA 
and establish the Small Business Stationary Source Technical and 
Environmental Assistance Program (PROGRAM).
    (i) Incorporation by reference.
    (A) Revision to the Tennessee State Implementation Plan to 
Incorporate Small Business Assistance Program as Required by the Clean 
Air Act Amendments of 1990, approved by the Tennessee Air Pollution 
Control Board on February 10, 1993.
    (ii) Additional information--None.
    (118)  [Reserved]
    (119) The minor source operating permit program for Knox County, 
submitted by the Tennessee Division of Air Pollution Control on November 
12, 1993 as part of the Tennessee SIP.
    (i) Incorporation by reference.
    (A) Revisions to Regulations 17.4.E, 18.1.B, 19.1.B, 25.3.I., and 
47.3.C. of the Knox County portion of the Tennessee SIP, as adopted by 
the Knox County Air Pollution Control Board on October 13, 1993.
    (ii) Other material. None.
    (120) Revisions to the Tennessee Division of Air Pollution Control 
emergency episode plan, submitted on September 1, 1993. These revisions 
incorporate changes within chapter 1200-3-15-.02 of the Tennessee SIP 
into the existing regulations which are required in 40 CFR 52.1270.
    (i) Incorporation by reference.
    (A) Tennessee Air Pollution Control Regulations, Chapter 1200-3-15-
.02, paragraphs (3), (4), and (5), effective June 26, 1993.
    (121) The redesignation and maintenance plan for Memphis/Shelby 
County submitted by the Memphis/Shelby County Health Department on 
October 30, 1992, as part of the Tennessee SIP. On October 15, 1993, and 
May 6, 1994, Tennessee Department of Environment and Conservation 
submitted a supplement to the above maintenance plan.
    (i) Incorporation by reference.
    (A) Memphis/Shelby County Carbon Monoxide Ten Year Maintenance Plan 
effective on October 13, 1993.
    (B) Emissions Inventory Projections for Memphis/Shelby County 
effective on October 13, 1993.
    (ii) Other material. None.
    (122) The maintenance plan and emission inventory for the Memphis 
and Shelby County Area which includes Shelby County and the City of 
Memphis submitted by the Tennessee Department of Environment and 
Conservation on November 12, 1992, and March 31, 1994, as part of the 
Tennessee SIP.
    (i) Incorporation by reference.
    (A) Amendment to the Original Submittal of Nonregulatory Amendment 
to State Implementation Plan for Shelby County Redesignation from 
Nonattainment to Attainment Classification for Ozone submitted March 31, 
1994, and prepared by the Memphis and Shelby County Health Department, 
Pollution Control Section for the Tennessee Department of Conservation. 
The effective date is March 9, 1994, for the following provisions:

Section I--Requirement One--Air Quality Data Shows Area Meets NAAQS
Section IV--Requirement Four--Maintenance Plan
Attachment F:
    Shelby County Emission Projections Volatile Organic Compounds 
(Summer Season)
    Shelby County Emission Projections 1990-2004 Nitrogen Oxides (Summer 
Season)
    (ii) Other material. None.

[[Page 876]]

    (123) A revised chapter 1200-3-18 ``Volatile Organic Compounds'' was 
submitted by the Tennessee Department of Air Pollution Control (TDAPC) 
to EPA on May 18, 1993, to replace the current chapter 1200-3-18 in the 
Tennessee SIP. This chapter had been revised to meet the requirements of 
the 1990 Clean Air Act Amendments commonly referred to as the ``VOC RACT 
Catch-Up'' requirements. Rule 1200-3-18-.28 ``Perchloroethylene Dry 
Cleaners'' which was federally approved in 59 FR 18310 on April 18, 
1994, will remain effective.
    (i) Incorporation by reference.
    (A) Revisions to the State of Tennessee regulations which were 
effective on April 22, 1993.
    (1) Chapter 1200-3-18 ``Volatile Organic Compounds,'' except for 
subchapter 1200-3-18-.24, subparagraph 1200-3-18-.03 (2)(b), 
subparagraph 1200-3-18-.20 (1)(b)(2)(vii), and subparagraphs 1200-3-18-
.79 (1)(a)(3), (1)(c), and (1)(d).
    (ii) Other material. None.
    (124) On August 17, 1994, the Tennessee Department of Environment 
and Conservation submitted revisions to the new source review 
requirements in the Tennessee Division of Air Pollution Control 
Regulations. These revisions incorporate changes to Chapter 1200-3-9 by 
substituting for the present paragraph 1200-3-9-.01(5) of the Tennessee 
SIP with new requirements, which are required in the Clean Air Act as 
amended in 1990 and 40 CFR part 51, subpart I.
    (i) Incorporation by reference. Tennessee Division of Air Pollution 
Control Regulations, Chapter 1200-3-9-.01(5) Growth Policy, effective 
August 15, 1994.
    (ii) Other material. None.
    (125)  [Reserved]
    (126) Modifications to the existing basic I/M program in Davidson 
County to implement an anti-tampering check, and to require testing of 
vehicles from model year 1975 and newer, submitted on March 17, 1994. 
Addition of a basic I/M program in the remainder of the middle Tennessee 
ozone nonattainment area, submitted on July 8, 1994.
    (i) Incorporation by reference.
    (a) Metropolitan Health Department Pollution Control Division 
Regulation 8, approved by the Tennessee Air Pollution Control Board on 
March 9, 1994.
    (b) Regulation 1200-3-29, effective on September 8, 1993.
    (ii) Other material. None.
    (127) Revisions to the State of Tennessee Air Pollution Control 
Regulations submitted by the Tennessee Department of Environment and 
Conservation on April 18, 1995. These consist of revisions to the 
process emission standards for new and existing cotton gins. These 
revised regulations also provide an optional method of using selected 
controls to demonstrate compliance with the emission standards.
    (i) Incorporation by reference.
    (A) Tennessee Division of Air Pollution Control Regulations, Chapter 
1200-3-7-.08(3) effective July 16, 1990.
    (ii) Other material. None.
    (128)-(129)  [Reserved]
    (130) Revisions to minor source operating permit rules for 
Nashville-Davidson County submitted by the Tennessee Department of 
Environment and Conservation on November 16, 1994.
    (i) Incorporation by reference.
    (A) Metropolitan Code of Law (M.C.L.) Chapter 10.56, Section 040, 
Paragraph F, effective October 4, 1994.
    (ii) Other material. None.
    (131) On November 12, 1993, the State submitted revisions to the 
Nashville/Davidson County portion of the Tennessee State Implementation 
Plan (SIP) on behalf of Nashville/Davidson County. These were revisions 
to the permit requirements for major sources of air pollution, including 
revisions to the general definitions, the permit requirements, and the 
exemptions. As a supplement to this submittal, on July 15, 1994, the 
State also submitted a request that the recodification of the entire air 
pollution control rule for Nashville/Davidson County be approved as part 
of the SIP. These revisions and recodification incorporate changes to 
Nashville's Chapter 10.56, which was previously Chapter 4-1-1, which are 
required in the Clean Air Act as amended in 1990 and 40 CFR part 51, 
subpart I.
    (i) Incorporation by reference.
    Code of Laws of the Metropolitan Government of Nashville and 
Davidson County, Tennessee, Chapter 10.56, Air Pollution Control, 
effective November 10, 1993, except for the following parts:

[[Page 877]]

    (A) Section 10.56.010, the definition of ``regulated pollutant'';
    (B) Section 10.56.040, Paragraph (F);
    (C) Section 10.56.050, Paragraphs (C), (D) and (E);
    (D) Section 10.56.080.
    (ii) Other material. None.
    (132) Revisions to the Knox County Air Pollution Control Regulations 
submitted by the Tennessee Department of Environment and Conservation on 
June 28, 1994. These consist of revisions to appeals, judicial review, 
and violations of the air pollution regulations in Knox County.
    (i) Incorporation by reference.
    Knox County Air Pollution Control Regulations, Sections 29.1.B, 
29.3, 30.1.A, and 30.1.D adopted May 25, 1994.
    (133) On September 27, 1994, the State submitted revisions to the 
Nashville/Davidson County portion of the Tennessee State Implementation 
Plan (SIP) on behalf of Nashville/Davidson County. These were revisions 
to the new source review requirements in the Nashville/Davidson County 
regulations. These revisions incorporate changes to Regulation Number 
Three, Sections 3-1, 3-2 and 3-3 of the Nashville/Davidson County 
portion of the Tennessee SIP which bring this into conformance with the 
new requirements which are required in 40 CFR part 52, subpart I.
    (i) Incorporation by reference.

    Metropolitan Health Department Division of Pollution Control 
Regulation Number 3 New Source Review, as amended on August 9, 1994.
    (ii) Other material. None.
    (134) Revisions to the State of Tennessee Air Pollution Control 
Regulations submitted by the Tennessee Department of Environment and 
Conservation on June 21, 1991, and June 22, 1993. These consist of 
revisions to Chapter 1200-3-10 Required Sampling, Recording and 
Reporting, and Chapter 1200-3-14 Control of Sulfur Dioxide Emissions. 
Revisions to section 16-85 of the Memphis/Shelby County portion of the 
Tennessee SIP which adopt by reference changes made to Chapter 1200-3-10 
of the Tennessee SIP.
    (i) Incorporation by reference.
    (A) Chapter 1200-3-14, effective March 21, 1993.
    (B) Chapter 1200-3-10, effective March 13, 1993.
    (C) Section 16-85 of the Memphis/Shelby County Health Department, 
Air Pollution Control Regulations effective October 23, 1993.
    (ii) Other material. None.
    (135)  [Reserved]
    (136) Revisions to the Chattanooga/Hamilton County Air Pollution 
Control Regulations submitted by the Tennessee Department of Environment 
and Conservation on May 18, 1993.
    (i) Incorporation by reference.
    (A) The Chattanooga City Code, Part II, Chapter 4, is revised as 
shown in the following paragraphs. These revisions were adopted on March 
9, 1993.
    (1) Section 4-2: the definitions for Best available control 
technology (BACT); Owner or operator of a demolition or renovation 
activity; Primary Air Quality Standards; and Secondary Air Quality 
Standards.
    (2) Section 4-41: Rule 21, ``Ambient Air Quality Standards.''
    (3) Section 4-41: Rule 25.2, subparagraph 33.
    (B) The Hamilton County Air Pollution Control Regulation is revised 
as shown in the following paragraphs. These revisions were adopted on 
April 7, 1993.
    (1) Section 16: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 9: Rule 25.2, subparagraph 33.
    (3) Section 9: Rule 21, ``Ambient Air Quality Standards.''
    (4) Section 25, ``Regulations cumulative.''
    (C) The Soddy-Daisy Municipal Code, Title 8, Health and Sanitation, 
Chapter 1, Air Pollution Control, is revised as shown in the following 
paragraphs. These revisions were adopted on March 18, 1993.
    (1) Section 8-102: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 8-141: Rule 25.2, subparagraph 21.
    (3) Section 8-141: Rule 21, ``Ambient Air Quality Standards.''

[[Page 878]]

    (D) The Ridgeside Air Pollution Control Ordinance is revised as 
shown in the following paragraphs. These revisions were adopted on April 
20, 1993.
    (1) Section 2: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 21.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (E) The Signal Mountain Air Pollution Control Ordinance is revised 
as shown in the following paragraphs. These revisions were adopted on 
March 8, 1993.
    (1) Section 2: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 21.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (F) The Walden Air Pollution Control Ordinance is revised as shown 
in the following paragraphs. These revisions were adopted on adopted 
March 9, 1993.
    (1) Section 2: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 33.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (G) The Lookout Mountain Air Pollution Control Ordinance is revised 
as shown in the following paragraphs. These revisions were adopted March 
9, 1993.
    (1) Section 2: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 21.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (H) The Red Bank Municipal Code, Chapter 3, Title 8, is revised as 
shown in the following paragraphs. These revisions were adopted March 
16, 1993.
    (1) Section 8-302: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 8-341: Rule 25.2, subparagraph 21.
    (3) Section 8-341: Rule 21, ``Ambient Air Quality Standards.''
    (I) The Collegedale Municipal Code, Title 8, Health and Sanitation, 
Chapter 5, Air Pollution Control, is revised as shown in the following 
paragraphs. These revisions were adopted April 12, 1993.
    (1) Section 8-502: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 8-541: Rule 25.2, subparagraph 33.
    (3) Section 8-541: Rule 21, ``Ambient Air Quality Standards.''
    (J) The Lakesite Municipal Code, Title 4, Building, Utility, Housing 
and Air Pollution Control Codes, Chapter 6, Air Pollution Control 
Ordinance is revised as shown in the following paragraphs. These 
revisions were adopted March 30, 1993.
    (1) Section 2: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 21.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (K) The East Ridge City Code, Title 8, Health and Sanitation, 
Chapter 7, Air Pollution Control is revised as shown in the following 
paragraphs. These revisions were adopted March 11, 1993.
    (1) Section 8-702: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).

[[Page 879]]

    (2) Section 8-741: Rule 25.2, subparagraph 21.
    (3) Section 8-741: Rule 21, ``Ambient Air Quality Standards.''
    (ii) Other material. None.

[37 FR 10894, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.2220, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.2221   Classification of regions.

    The Tennessee 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)
----------------------------------------------------------------------------------------------------------------
Eastern Tennessee-Southwestern Virginia Interstate...           I          I       III       III           III  
Tennessee River Valley-Cumberland Mountains                                                                     
 Intrastate..........................................           I          I       III       III           III  
Middle Tennessee Intrastate..........................           I         II       III       III             I  
Western Tennessee Intrastate.........................           I        III       III       III           III  
Chattanooga Interstate...............................           I         II       III       III           III  
Metropolitan Memphis Interstate......................           I        III       III       III             I  
----------------------------------------------------------------------------------------------------------------

[37 FR 10894, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]



Sec. 52.2222  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Tennessee's plans for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds the plans thus far submitted satisfy all 
requirements of Part D, Title I, of the Clean Air Act as amended in 
1977, except as noted below.

In addition, continued satisfaction of the requirements of Part D for 
the ozone portion of the SIP depends on the adoption and submittal of 
RACT requirements by July 1, 1980, for the sources covered by CTGs 
issued between January 1978 and January 1979 and on adoption and 
submittal by each subsequent January of additional RACT requirements for 
sources covered by CTGs issued by the previous January.
    (b) New source review permits issued pursuant to section 173 of the 
Clean Air Act will not be deemed valid by EPA unless the provisions of 
Section V of the emission offset interpretative rule (Appendix S of 40 
CFR part 51) are met.
    (c) EPA approves Nashville/Davidson County, Tennessee's VOC 
Regulation No. 7, Section 7-1(11), which replaces the definition of 
Volatile Organic Compound (VOC) with a definition for VOC that is 
consistent with the EPA approved definition. The EPA approved definition 
defines VOC as any organic compound that participates in atmospheric 
photochemical reactions. However, it excludes organic compounds which 
have negligible photochemical reactivity. These compounds are as 
follows: methane, ethane, methyl chloroform (1,1,1-trichloroethane), 
CFC-113 (trichlorotrifluoroethane), methylene chloride, CFC 11 
(trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-22 
(chlorodifluoromethane), FC-23 (trifluoromethane), CFC-114 
(dichlorotetrafluoroethane), CFC-115 (chloropentafluoroethane). It is 
also our understanding that by adopting the EPA approved definition, 
Nashville/Davidson County, Tennessee will use EPA approved test methods 
for VOC.

[45 FR 53817, Aug. 13, 1980, as amended at 54 FR 4021, Jan. 27, 1989; 55 
FR 18726, May 4, 1990]



Sec. 52.2223   Compliance schedules.

    (a) Federal compliance schedules--State program. (1) Except as 
provided in paragraph (a)(5) of this section, the owner or operator of 
any boiler or furnace of more than 250 million Btu per hour heat input 
subject to the requirements of Chapter 1200-3-14 of the Rules and 
Regulations of Tennessee as contained in the Tennessee implementation 
plan, shall notify the Administrator, no

[[Page 880]]

later than January 1, 1974, of his intent to utilize either low-sulfur 
fuel or stack gas desulfurization to meet these requirements.
    (2) Any owner or operator of a stationary source subject to 
paragraph (a)(1) of this section who elects to utilize low-sulfur fuel 
shall be subject to the following compliance schedule:
    (i) January 31, 1974: Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with the applicable regulation on July 1, 1975, and 
for at least one year thereafter.
    (ii) March 31, 1974: Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (iii) April 30, 1974: Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (iv) May 31, 1974: Let contracts for necessary boiler modifications, 
if applicable.
    (v) October 31, 1974: Initiate onsite modifications, if applicable.
    (vi) June 1, 1975: Complete onsite modifications, if applicable.
    (vii) July 1, 1975: Achieve compliance with the requirements of 
Chapter 1200-3-14 of the Rules and Regulations of Tennessee and certify 
compliance to the Administrator.
    (viii) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed on 
or before July 1, 1975. Ten days prior to such a test, notice must be 
given to the Administrator to afford him the opportunity to have an 
observer present.
    (ix) Five days after the deadline for completing increments (a)(2) 
(ii) through (vi) in this section certification as to whether the 
increments were met shall be made to the Administrator.
    (3) Any owner or operator of a stationary source subject to 
paragraph (a)(1) of this section who elects to utilize stack gas 
desulfurization shall be subject to the following compliance schedule:
    (i) January 31, 1974--Submit to the Administrator a final control 
plan, which describes at a minimum the steps which will be taken by the 
source to achieve compliance with the applicable regulations.
    (ii) February 28, 1974--Negotiate and sign all necessary contracts 
for emission-control systems or process modification, or issue orders 
for the purchase of component parts to accomplish emission control or 
process modification.
    (iii) May 1, 1974--Initiate onsite construction or installation of 
emission-control equipment or process modification.
    (iv) May 1, 1975--Complete onsite construction or installation of 
emission control equipment or process modification.
    (v) July 1, 1975--Achieve compliance with the requirements of 
Chapter 1200-3-14 of the Rules and Regulations of Tennessee and certify 
compliance to the Administrator.
    (vi) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed on 
or before July 1, 1975. Ten days prior to such a test, notice must be 
given to the Administrator to afford him the opportunity to have an 
observer present.
    (vii) Five days after the deadline for completing increments (a)(3) 
(ii) through (iv) in this section, certification as to whether the 
increments were met shall be made to the Administrator.
    (4) Except as provided in paragraph (a)(5) of this section, the 
owner or operator of any stationary source subject to the requirements 
of Chapter 1200-3-14 of the Rules and Regulations of Tennessee as 
contained in the Tennessee implementation plan, shall comply with the 
following compliance schedule:
    (i) November 15, 1973: Submit to the Administrator a final control 
plan, which describes at a minimum the steps which will be taken by the 
source to achieve compliance with the applicable regulations.
    (ii) January 1, 1974: Negotiate and sign all necessary contracts for 
emission control systems or process modifications, or issue orders for 
the purchase of component parts to accomplish emission control or 
process modification.

[[Page 881]]

    (iii) February 1, 1974: Initiate onsite construction or installation 
of emission control equipment or process modification.
    (iv) May 1, 1975: Complete onsite construction or installation of 
emission control equipment or process modification.
    (v) July 1, 1975: Achieve compliance with the applicable regulations 
and certify such compliance to the Administrator.
    (vi) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed on 
or before July 1, 1975. Ten days prior to such a test, notice must be 
given to the Administrator to afford him the opportunity to have an 
observer present.
    (vii) Five days after the deadline for completing increments 
(a)(4)(ii) through (iv) in this section certification as to whether the 
increments were met shall be made to the Administrator.
    (5) (i) None of the above paragraphs shall apply to a source which 
is presently in compliance with applicable regulations and which has 
certified such compliance to the Administrator by October 1, 1973. The 
Administrator may request whatever supporting information he considers 
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (6) The compliance schedules in paragraphs (a)(2) and (3) of this 
section shall not excuse a source from complying with any interim 
emission limitations on the date prescribed in the Tennessee air 
pollution control regulation listed in paragraph (a)(1) of this section.
    (7) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedules in the above paragraphs of this paragraph 
fail to satisfy the requirements of Secs. 51.261 and 51.262(a) of this 
chapter.
    (b) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (c) [Reserved]
    (d) The compliance schedules for the sources identified below are 
disapproved as not meeting the requirements of Subpart N of this 
chapter. All regulations cited are air pollution control regulations of 
the State or those of a local air pollution control agency as noted.
    (1) State compliance schedules:

----------------------------------------------------------------------------------------------------------------
                                                                    State regulation                            
                Source                         Location                 involved             Date of adoption   
----------------------------------------------------------------------------------------------------------------
Burlington Industries, Inc. (State     Washington County, Tenn  Ch. 6, sec. 4..........  Mar. 20, 1973.         
 order No. 7-0073).                                                                                             
Monsanto Co., kilns Nos. 1 and 2       Maury County, Tenn.....  Ch. 7, sec. 8..........      Do.                
 (State order No. 8-0073).                                                                                      
Monsanto Co., kiln No. 3 (State order  ......do...............  Ch. 7, sec. 8..........      Do.                
 No. 20-0073).                                                                                                  
Stauffer Chemical Co.................  ......do...............  Ch. 7, sec. 8..........      Do.                
Tennessee Eastman Co.:                                                                                          
  (a) Bldg. 267: Chem. A, vent 1-A     Sullivan County, Tenn..  Ch. 7, sec. 8..........      Do.                
   (State order No. 15-0073).                                                                                   
  (b) Bldg. 267: Chem. B, vent 1-A     ......do...............  Ch. 7, sec. 8..........      Do.                
   (State order No. 25-0073).                                                                                   
  (c) Bldg. 267: Chem. C, vent 1-A     ......do...............  Ch. 7, sec. 8..........      Do.                
   (State order No. 26-0073).                                                                                   
  (d) Bldg. 267: Chem. D, vent 1-A     ......do...............  Ch. 7, sec. 8..........      Do.                
   (State order No. 17-0073).                                                                                   
  (e) Bldg. 267: Chem. E, vent 1-A,    ......do...............  Ch. 7, sec. 8..........      Do.                
   (State order No. 16-0073).                                                                                   

[[Page 882]]

                                                                                                                
  (f) B3A-1 (State order No. 18-0073)  ......do...............  Ch. 7, sec. 8..........      Do.                
  (g) B13-1 (State order No. 19-0073)  ......do...............  Ch. 7, sec. 8..........      Do.                
  (h) B13-3 (State order No. 24-0073)  ......do...............  Ch. 7, sec. 8..........      Do.                
----------------------------------------------------------------------------------------------------------------

    (e) Federal compliance schedules--Local programs. (1) Except as 
provided in paragraph (e)(16) of this section, the owner or operator of 
any stationary source subject to the following emission limiting 
regulations of the Knox County Air Pollution Control Regulations and the 
City of Memphis Air Pollution Control Code and Shelby County Air 
Pollution Control Code contained as part of the Tennessee implementation 
plan shall comply with the compliance schedule in paragraph (e)(2) of 
this section: Knox County Air Pollution Control Regulations, Sections 
18.2C; 19.4B; 20.1D; and 23.1; City of Memphis Air Pollution Control 
Code and Shelby County Air Pollution Control Code Section 3-24(d).
    (2) Compliance schedule. (i) October 1, 1973--Submit to the 
Administrator a final control plan, which describes at a minimum the 
steps which will be taken by the source to achieve compliance with the 
applicable regulations.
    (ii) December 1, 1973--Negotiate and sign all necessary contracts 
for emission control systems or process modifications, or issue orders 
for the purchase of component parts to accomplish emission control or 
process modification.
    (iii) January 1, 1974--Initiate onsite construction or installation 
of emission control equipment or process modification.
    (iv) May 1, 1975--Complete onsite construction or installation of 
emission control equipment or process modification.
    (v) July 1, 1975--Achieve compliance with the applicable regulations 
and certify such compliance to the Administrator.
    (3) Except as provided in paragraph (e)(16) of this section, the 
owner or operator of any stationary source subject to the following 
emission limiting regulation of the Knox County Air Pollution Control 
Regulations contained as part of the Tennessee implementation plan shall 
comply with the compliance schedule in paragraph (e)(4) of this section: 
Knox County Air Pollution Control Regulations, Section 19.2C.
    (4) Compliance schedule. (i) October 1, 1973--Submit to the 
Administrator a final control plan, which describes at a minimum the 
steps which will be taken by the source to achieve compliance with the 
applicable regulations.
    (ii) December 1, 1973--Negotiate and sign all necessary contracts 
for emission control systems or process modifications, or issue orders 
for the purchase of component parts to accomplish emission control or 
process modification.
    (iii) January 1, 1974--Initiate onsite construction or installation 
of emission control equipment or process modification.
    (iv) May 1, 1975-Complete onsite construction or installation of 
emission control equipment or process modification.
    (v) June 1, 1975--Achieve compliance with the applicable regulations 
and certify such compliance to the Administrator.
    (5) Except as provided in paragraph (e)(16) of this section, the 
owner or operator of any boiler or furnace of more than 250 million Btu 
per hour heat input subject to the requirements of Knox County Air 
Pollution Control Regulations, section 18.4B; and City of Memphis Air 
Pollution Control Code and Shelby County Air Pollution Control Code, 
Section 3-24(b), contained as part of the Tennessee implementation plan 
shall notify the Administrator no later than October 1, 1973, of his 
intent to utilize either low-sulfur fuel or stack gas desulfurization to 
meet these requirements.
    (6) Any owner or operator of a stationary source subject to 
paragraph (e)(5) of this section who elects to utilize low-sulfur fuel 
shall be subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be

[[Page 883]]

substantially adequate to enable compliance with the applicable 
regulation on July 1, 1975, and for at least one year thereafter.
    (ii) December 31, 1973--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (iii) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (iv) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (v) June 15, 1974--Initiate onsite modifications, if applicable.
    (vi) March 31, 1975--Complete onsite modifications, if applicable.
    (vii) July 1, 1975--Achieve compliance with the requirements of Knox 
County Air Pollution Control Regulations, section 18.4B and City of 
Memphis Air Pollution Control Code and Shelby County Air Pollution 
Control Code Section 3-24 (b) and certify such compliance to the 
Administrator.
    (7) Any owner or operator of a stationary source subject to 
paragraph (e)(5) of this section who elects to utilize stack gas 
desulfurization shall be subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a final control 
plan, which describes at a minimum the steps which will be taken by the 
source to achieve compliance with the applicable regulation.
    (ii) January 1, 1974--Negotiate and sign all necessary contracts for 
emission control systems or process modification, or issue orders for 
the purchase of component parts to accomplish emission control or 
process modification.
    (iii) February 1, 1974--Initiate onsite construction or installation 
of emission control equipment or process modification.
    (iv) May 1, 1975--Complete onsite construction or installation of 
emission control equipment or process modification.
    (v) July 1, 1975--Achieve compliance with the applicable regulation 
and certify such compliance to the Administrator.
    (8) Except as provided in paragraph (e)(16) of this section, the 
owner or operator of any stationary source subject to the following 
emission limiting regulation of the Hamilton County Air Pollution 
Control Regulations contained as part of the Tennessee implementation 
plan shall comply with the compliance schedule in paragraph (e)(9) of 
this section: Hamilton County Air Pollution Control Regulations, rule 10 
(particulate emissions from process operations).
    (9) Compliance schedule. (i) September 15, 1973--Submit to the 
Administrator a final control plan, which describes at a minimum the 
steps which will be taken by the source to achieve compliance with the 
applicable regulations.
    (ii) November 1, 1973--Negotiate and sign all necessary contracts 
for emission control systems or process modifications, or issue orders 
for the purchase of component parts to accomplish emission control or 
process modification.
    (iii) December 1, 1973--Initiate onsite construction or installation 
of emission control equipment or process modifications.
    (iv) June 1, 1974--Complete onsite construction or installation of 
emission control equipment or process modification.
    (v) July 1, 1974--Achieve compliance with the applicable 
regulations, and certify such compliance to the Administrator.
    (10) Except as provided in paragraph (e)(16) of this section, the 
owner or operator of any process (non-fuel burning) source of sulfur 
dioxide subject to the emission limiting requirements of the Hamilton 
County Air Pollution Control Regulations, rule 13, contained as part of 
the Tennessee implementation plan shall comply with the compliance 
schedule in paragraph (e)(9) of this section.
    (11) Except as provided in paragraph (e)(16) of this section, the 
owner or operator of any boiler or furnace of more than 250 million Btu 
per hour heat input subject to the sulfur dioxide emission limiting 
requirements of the Hamilton County Air Pollution Control Regulations, 
rule 13, contained as part of the Tennessee implementation plan shall 
notify the Administrator, no

[[Page 884]]

later than October 1, 1973, of his intent to utilize either low-sulfur 
fuel or stack gas desulfurization to meet these requirements.
    (12) Any owner or operator of a fuel burning facility subject to 
paragraph (e)(11) of this section who elects to utilize low-sulfur fuel 
shall be subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with the applicable regulation on July 1, 1974, and 
for at least one year thereafter.
    (ii) December 1, 1973--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (iii) January 1, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (iv) February 1, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (v) February 15, 1974--Initiate onsite modifications, if applicable.
    (vi) June 15, 1974--Complete onsite modifications, if applicable.
    (vii) July 1, 1974--Achieve compliance with the requirements of 
Hamilton County Air Pollution Control Regulations, rule 13, and certify 
such compliance to the Administrator.
    (13) Any owner or operator of a fuel burning facility subject to 
paragraph (e)(11) of this section who elects to utilize stack gas 
desulfurization shall be subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a final control 
plan, which describes at a minimum the steps which will be taken by the 
source to achieve compliance with the applicable regulations.
    (ii) December 1, 1973--Negotiate and sign all necessary contracts 
for emission control systems or process modifications, or issue orders 
for the purchase of component parts to accomplish emission control or 
process modification.
    (iii) December 15, 1973--Initiate onsite construction or 
installation of emission control equipment or process modification.
    (iv) June 15, 1974--Complete onsite construction or installation of 
emission control equipment or process modification.
    (v) July 1, 1974--Achieve compliance with the applicable 
regulations, and certify such compliance to the Administrator.
    (14) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
the final compliance date in the applicable regulation. Ten days prior 
to such a test, notice must be given to the Administrator to afford him 
the opportunity to have an observer present.
    (15) Any owner or operator subject to a compliance schedule above 
shall certify to the Administrator, within five days after the deadline 
for each increment of progress in that schedule, whether or not the 
increment has been met.
    (16)(i) None of the above paragraphs shall apply to a source which 
is presently in compliance with applicable regulations and which has 
certified such compliance to the Administrator by October 1, 1973. The 
Administrator may request whatever supporting information he considers 
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (17) No compliance schedule in this paragraph shall excuse a source 
from complying with an interim emission limitation that is applicable to 
such source.
    (18) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any

[[Page 885]]

source to which the application of a compliance schedule in this 
paragraph fails to satisfy the requirements of Secs. 51.261 and 
51.262(a) of this chapter.
    (f) The compliance schedules for the sources identified below are 
approved as meeting the requirements of Subpart N and Sec. 51.6 of this 
chapter. All regulations cited are air pollution control regulations of 
the State or those of a local air pollution control agency as noted.

[[Page 886]]

    (1) Statewide compliance schedules:

                                                                        Tennessee                                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aluminum Co. of America, State       Alcoa.................  CH.V-2(b), CH. VII-2..  Oct. 9, 1973.........  Immediately..........  Aug. 9, 1974.        
 order No. 79-00073.                                                                                                                                    
American Enka, State order No. 64-                                                                                                                      
 00073:                                                                                                                                                 
    (a) Boilers 1, 2, 3............  Morristown............  CH. V-2(b), CH.VI-2(a)  ......do.............  ......do.............  July 1, 1975.        
    (b) Boilers 4, 5, 6............  ......do..............  CH. VI-2(b), CH. VI-    ......do.............  ......do.............  Dec. 30, 1974.       
                                                              2(a).                                                                                     
    (c) Boiler 9...................  ......do..............  CH. V-2(b), CH. VI-     ......do.............  ......do.............  June 30, 1974.       
                                                              2(a).                                                                                     
Athens Plow Co., State order No. 4-  Athens................  CH. V-2(b), CH. VII-    Mar. 20, 1973........  ......do.............  Aug. 9, 1974.        
 00073.                                                       9(b).                                                                                     
Athens Stove Works, State order No.  ......do..............  CH. V-2(b), CH. VII-    June 19, 1973........  ......do.............  July 2, 1974.        
 55-0073.                                                     9(b).                                                                                     
Beaunit Fibers, State order No. 56-                                                                                                                     
 0073:                                                                                                                                                  
    (a) Stacks 1 and 2.............  Elizabethton..........  CH. V-2(a)............  ......do.............  ......do.............  Mar. 30, 1975.       
    (b) Stack 3....................  ......do..............  CH. VI-2(a), CH. V-     ......do.............  ......do.............  Nov. 30, 1974.       
                                                              2(a).                                                                                     
Bedford Lumber Co.:                                                                                                                                     
    State order No. 87-00073.......  Shelbyville...........  CH. V-2(b), CH. VI-     Oct. 9, 1973.........  ......do.............  Mar. 1, 1974.        
                                                              2(a)(2).                                                                                  
    State order No. 88-00073.......  ......do..............  CH. V-2(b), CH. VI-     ......do.............  ......do.............  Oct. 9, 1974.        
                                                              2(a)(2).                                                                                  
Bristol Foundry & Machine Co.,       Bristol...............  CH. V-2(b), CH. VII-    ......do.............  ......do.............  Nov. 9, 1973.        
 State order No. 71-00073.                                    9(b).                                                                                     
Bruce Flooring State order No. 72-   Jackson...............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  Aug. 9, 1974.        
 00073.                                                                                                                                                 
Burroughs-Ross-Colville Co.:                                                                                                                            
  State order No. 65-00073: (a)      McMinnville...........  CH. V-2(b), CH. VI-     ......do.............  ......do.............      Do.              
   Boiler 1.                                                  2(a)2.                                                                                    
  State order No. 66-00073:                                                                                                                             
    (a) Collectors C-1, C-3........  ......do..............  CH. V-2(b), CH. VII-    ......do.............  ......do.............      Do.              
                                                              2(a).                                                                                     
    (b) Collector C-7..............  ......do..............  CH. V-2(b), CH. VII-    ......do.............  ......do.............  Oct. 1, 1973.        
                                                              2(a).                                                                                     
Celotex Corp., State Order No. 61-                                                                                                                      
 0073:                                                                                                                                                  
    (a) Collectors A-1-2, B-3, B-4,  Paris.................  CH. V-2(b), CH. VII-    June 19, 1973........  ......do.............  May 1, 1974.         
     and E-22.                                                2(a).                                                                                     
    (b) Collectors D-12, D-13, and   ......do..............  CH. V-2(b), CH. VII-    ......do.............  ......do.............  Apr. 1, 1974.        
     D-14.                                                    2(a).                                                                                     
    (c) Collectors C-0, C-10, and C- ......do..............  CH. V-2(b), CH. VII-    ......do.............  ......do.............  Oct. 30, 1973.       
     11.                                                      2(a).                                                                                     
Clarksville Foundry & Machine Works  Clarksville...........  CH. V-2(b), CH. VII-    Oct. 9, 1973.........  ......do.............  Jan. 30, 1974.       
 State order No. 73-00073.                                    9(b).                                                                                     
Dover Corp., State order No. 74-     Middleton.............  CH.V-2(b), CH. VI-2(d)  ......do.............  ......do.............  July 9, 1974.        
 00073.                                                                                                                                                 
Farrar Construction, State order     McMinnville...........  CH. V-2(b), CH. VII-    ......do.............  ......do.............  Oct. 9, 1973.        
 No. 75-00073.                                                9(g).                                                                                     
Harris Manufacturing Co., State      Johnson City..........  CH.V-2(b), CH. VII-     June 19, 1973........  ......do.............  June 1, 1974.        
 order No. 62-0073.                                           2(a).                                                                                     
Holston Army Ammunition Plant,       Kingsport.............  CH.V-2(b), CH. VI-2(a)  Oct. 9, 1973.........  ......do.............  July 1, 1975.        
 State order No. 67-00073.                                                                                                                              
Kingsport Foundry & Manufacturing    ......do..............  CH.V-2(b), CH. VII-     June 19, 1973........  ......do.............  Feb. 28, 1974.       
 Corp., State order No. 57-0073.                              9(b).                                                                                     
Koh-i-noor Radiograph, Inc., State   Lewisburg.............  CH.V-2(b), CH. VII-     ......do.............  ......do.............  Mar. 29, 1974.       
 order No. 58-0073.                                           2(a).                                                                                     
Lenoir Car Works, State order No.    Lenoir City...........  CH. V-2(b), CH. VII-2.  Oct. 9, 1973.........  ......do.............  Dec. 9, 1973.        
 76-00073.                                                                                                                                              
Marquette Cement Manufacturing Co.,  Cowan.................  CH. V-2(b), CH. VII-2.  Mar. 20, 1973........  ......do.............  Aug. 9, 1974.        
 State order No. 5-0073.                                                                                                                                
Mead Corp., State order No. 59-0073  Kingsport.............  CH. V-2(b), CH. VI-     June 19, 1973........  ......do.............  July 1, 1975.        
                                                              2(a)(1).                                                                                  

[[Page 887]]

                                                                                                                                                        
Monsanto Co., State order No. 6-                                                                                                                        
 0073:                                                                                                                                                  
    (a) Source 4...................  Columbia..............  CH. V-2, CH. VII-2....  Mar. 20, 1973........  ......do.............  Mar. 9, 1974.        
    (b) Source 5...................  ......do..............  CH. V-2, CH. VII-2....  ......do.............  ......do.............  Dec. 9, 1973.        
Royal Oak Charcoal Co.:                                                                                                                                 
  State order No. 77-00073.........  Jamestown.............  CH.V-2(b), CH. VII-2..  Oct. 9, 1973.........  ......do.............  July 31, 1974.       
  State order No. 78-00073.........  ......do..............  CH. V-2(b), CH.VII-2..  ......do.............  ......do.............  Mar. 1, 1974.        
Stokely-Van Camp, Inc., State order  Tellico Plains........  CH.V-2(b), CH. VI-      June 19, 1973........  ......do.............  Jan. 30, 1974.       
 No. 63-0073.                                                 2(a)(2).                                                                                  
Tennessee Asphalt Co., State order   LaFollette............  CH.V-2(b), CH. VII-     Oct. 9, 1973.........  ......do.............  Dec. 30, 1973.       
 No. 79-00073.                                                9(g).                                                                                     
Tennessee Eastman Co.:                                                                                                                                  
  State order No. 80-00073.........  Kingsport.............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  June 1, 1974.        
  State order No. 81-00073.........  ......do..............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  Aug. 9, 1974.        
  State order No. 82-00073.........  ......do..............  CH.V-2(b), CH. VII-2..  ......do.............  ......do.............  Nov. 1, 1974.        
  State order No. 83-00073.........  ......do..............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  July 1, 1975.        
  State order No. 84-00073:                                                                                                                             
    (a) Units 18-22................  ......do..............  CH. V-2(b), CH.VI-      ......do.............  ......do.............  Mar. 1, 1974.        
                                                              2(a)(1).                                                                                  
    (b) Units 11-17................  ......do..............  CH. VI-2(b), CH. VI-    ......do.............  ......do.............  June 1, 1975.        
                                                              2(a)(1).                                                                                  
Tennessee Forging Steel Co., State   Harriman..............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  Oct. 30, 1973.       
 order No. 85-00073.                                                                                                                                    
Tennessee Metallurgical, State                                                                                                                          
 order No. 89-00073:                                                                                                                                    
    (a) Furnace No. 2..............  Kimball...............  CH.V-2(b), CH. VII-2..  ......do.............  ......do.............  Mar. 1, 1974.        
    (b) Furnace No. 1..............  ......do..............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  Jan. 15, 1974.       
Union Carbide Corp., State order     Columbia..............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  Aug. 9, 1974.        
 No. 86-00073.                                                                                                                                          
United States Stove Co., State       South Pittsburg.......  CH.V-2(b).............  Mar. 20, 1973........  ......do.............  Feb. 9, 1974.        
 order No. 3-0073.                                                                                                                                      
Aluminum Co. of America, sources 22  Alcoa.................  Ch. V, sec. II.B......  Nov. 28, 1973........  ......do.............  July 9, 1974.        
 and 23 (carbon anode baking).                                                                                                                          
Berkline Corp., plant No. 1,         Morristown............  Ch. V. sec. II. B; ch.  ......do.............  ......do.............  June 9, 1974.        
 collector No. 6.                                             VII, sec. II.                                                                             
E. I. du Pont: 4 steam boilers,      New Johnsonville......  Ch. V, sec. II. B; ch.  Feb. 6, 1974.........  ......do.............  June 30, 1975.       
 particulate emissions, SO2                                   V, sec. II.A(2).                                                                          
 emissions.                                                                                                                                             
Industrial Products Co., Inc.:       Mt. Pleasant..........  Ch. V, sec. II.B; ch.   Nov. 28, 1973........  ......do.............  Jan. 1, 1974.        
 Control equipment.                                           VII, sec. II.                                                                             
Interstate Foundry & Machine Co.:    Johnson City..........  Ch. V, sec. II. B; ch.  ......do.............  ......do.............  Feb. 9, 1974.        
 Cupola.                                                      VII, sec. IX.B.                                                                           
Laminite Plastics Corp.: Moldow      Morristown............  Ch. V, sec. II. B; ch.  ......do.............  ......do.............  Apr. 30, 1974.       
 system (phase I only).                                       VII, sec. II.                                                                             
Lea Industries:                                                                                                                                         
  Plant No. 4; process emissions...  ......do..............  ......do..............  ......do.............  ......do.............  Jan. 1, 1974.        
  Plant No. 5; process emissions...  ......do..............  ......do..............  ......do.............  ......do.............  Aug. 9, 1974.        
  Plant No. 6; process emissions...  ......do..............  ......do..............  ......do.............  ......do.............      Do.              
  Plant No. 6, boiler..............  ......do..............  Ch. V.................  ......do.............  ......do.............  Feb. 1, 1974.        
Lewisburg Casting Co., Inc.: Cupola  Lewisburg.............  ......do..............  Nov. 28, 1979........  ......do.............  June 9, 1974.        
A. B. Long Quarries, Inc.:           Harriman..............  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  Mar. 30, 1974.       
 Limestone quarry and crusher.                                VII, sec. II: ch.                                                                         
                                                              VIII.                                                                                     
Monsanto Industrial Chemical Co....  Columbia..............  Ch. VII...............  Feb. 6, 1973.........  ......do.............  July 1, 1975.        

[[Page 888]]

                                                                                                                                                        
Plough, Inc.: Boiler...............  Shelbyville...........  Ch. V, sec. II. B; ch.  ......do.............  ......do.............  May 30, 1974.        
                                                              VI, sec. II.A(2).                                                                         
Powermatic-Houdaille, Inc.: Two No.  McMinnville...........  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  Aug. 9, 1974.        
 5 cupolas.                                                   VII, sec. II.                                                                             
Royal Oak Charcoal Co.: Kilns 1, 2,  Cookeville............  ......do..............  ......do.............  ......do.............      Do.              
 3, 4, 5.                                                                                                                                               
Don P. Smith Chair Co.: Drying kiln  Loudin................  ......do..............  ......do.............  ......do.............  June 30, 1974.       
Temple Industries: Conical burner..  Savannah..............  Ch. V, sec. II. B; ch.  ......do.............  ......do.............  Apr. 30, 1974.       
                                                              VI, sec. II.D.                                                                            
Tennlite, Inc.: Two rotary kilns...  Green Brier...........  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  July 30, 1974.       
                                                              VII, sec. II.                                                                             
Tenn. Asphalt Co. & Road Builders,   Cumberland City.......  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  Dec. 17, 1974.       
 Inc.: Asphalt batching plant.                                VII, secs. II and IX,                                                                     
                                                              G; ch. VIII.                                                                              
Vulcan Materials Co.: Rock quarry..  Emory Gap.............  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  Mar. 31, 1974.       
                                                              VII, sec. II; ch.                                                                         
                                                              VIII.                                                                                     
    Do.............................  Savannah..............  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  June 21, 1974.       
                                                              VII, sec. II; ch.                                                                         
                                                              VIII.                                                                                     
    Do.............................  Parsons...............  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  Feb. 18, 1974.       
                                                              VII, sec. II; ch.                                                                         
                                                              VIII.                                                                                     
Cities Service (41-0073)...........  Copperhill............  Ch. VII, sec. 8.......  June 19, 1973........  ......do.............  July 1, 1975.        
Cities Service (42-0073)...........  ......do..............  Ch. VII, sec. 8.......  ......do.............  ......do.............      Do.              
Penn Dixie Cement..................  Kingsport.............  Ch. VII, sec. 2.......  Oct. 9, 1973.........  ......do.............      Do.              
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 889]]


                                                                        Tennessee                                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chattanooga Public Schools:                                                                                                                             
  (a) Elbert Long School...........  Chattanooga...........  Sec. 9(8).............  Feb. 8, 1973.........  Immediately..........  July 1, 1974.        
  (b) Charles A. Bell School.......  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.              
  (c) G. Russel Brown School.......  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.              
  (d) Calvin Donaldwon School......  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.              
  (e) East Chattanooga School......  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.              
  (f) Highland Park School.........  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.              
  (g) Normal Park School...........  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.              
  (h) Piney Woods School...........  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.              
  (i) Ridgedale School.............  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.              
  (j) Frank H. Trotter School......  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.              
  (k) Woodmore School..............  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.              
  (l) Rivermont School.............  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.              
  (m) St. Elmo School..............  ......do..............  Sec. 9(8).............  ......do.............  ......do.............      Do.              
E.I. du Pont de Nemours & Co.:                                                                                                                          
  (a) Nylon 66 evaporator Nos. 1-5.  ......do..............  Sec. 9................  ......do.............  ......do.............      Do.              
  (b) Nylon auto clave Nos. 1-17...  ......do..............  Sec. 9................  ......do.............  ......do.............      Do.              
  (c) Continuous polymerization      ......do..............  Sec. 9................  ......do.............  ......do.............      Do.              
   lines I-III.                                                                                                                                         
  (d) Continuous polymerization      ......do..............  Sec. 9................  ......do.............  ......do.............  Sept. 1, 1973.       
   line IV.                                                                                                                                             
  (e) Lindburg furnace type 364830-  ......do..............  Sec. 9................  ......do.............  ......do.............  Aug. 1, 1973.        
   E12-S.                                                                                                                                               
  (f) Lindburg furnace type 243624-  ......do..............  Sec. 9................  ......do.............  ......do.............  Feb. 1, 1974.        
   E12-S.                                                                                                                                               
  (g) Trent furnace model 862640A..  ......do..............  Sec. 9................  ......do.............  ......do.............  Mar. 1, 1974.        
  (h) Lindburg furnace type 364830-  ......do..............  Sec. 9................  ......do.............  ......do.............  Apr. 1, 1974.        
   E12-S.                                                                                                                                               
  (i) Riley boiler.................  ......do..............  Sec. 9................  ......do.............  ......do.............  July 1, 1974.        
  (j) B & W boiler.................  ......do..............  Sec. 9................  ......do.............  ......do.............      Do.              
General Tire Service...............  ......do..............  Sec. 9................  ......do.............  ......do.............  Jan. 31, 1974.       
Randolph Manufacturing Co., Inc....  ......do..............  Sec. 9................  ......do.............  ......do.............      Do.              
Southern Foundry Supply, Inc.......  ......do..............  Sec. 9................  ......do.............  ......do.............  Mar. 31, 1973.       
Tennessee Awning & Tent Co.........  ......do..............  Sec. 9................  Feb. 9, 1973.........  ......do.............  June 1, 1973.        
United States Pipe & Foundry Co....  ......do..............  Sec. 9................  Feb. 8, 1973.........  ......do.............  Nov. 1, 1973.        
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 890]]


                                                                        Tennessee                                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Desoto Hardwood Flooring Co.: Phase  Chattanooga...........  Sec. 9................  Apr. 5, 1973.........  Immediately..........  May 1, 1974.         
 1.                                                                                                                                                     
Wabash, Inc.: Phase 1..............  ......do..............  Secs. 3-17, 3-20......  ......do.............  ......do.............  Apr. 1, 1974.        
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                        Tennessee                                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bruce Flooring.....................  Nashville.............  Sec. 4-1-9............  Feb. 7, 1973.........  Immediately..........  Dec. 31, 1973.       
--------------------------------------------------------------------------------------------------------------------------------------------------------

[38 FR 16169, June 20, 1973, as amended at 38 FR 22748, Aug. 23, 1973; 
38 FR 24341, 24342, Sept. 7, 1973; 40 FR 3445, Jan. 22, 1975; 40 FR 
3570, Jan. 23, 1975; 42 FR 10995, Feb. 25, 1977; 51 FR 40676, 40677, 
Nov. 7, 1986; 52 FR 24367, June 30, 1987; 54 FR 25258, June 14, 1989]



Sec. 52.2224   Legal authority.

    (a) The requirements of Sec. 51.230(c) of this chapter are not met 
since the plan does not provide the legal authority for controlling 
motor vehicles during air pollution emergency episodes.
    (b) The requirements of Sec. 51.230(d) of this chapter are not met 
since statutory authority to prevent construction, modification, or 
operation of a facility, building, structure, or installation, or 
combination thereof, which indirectly results or may result in emissions 
of any air pollutant at any location which will prevent the maintenance 
of a national air quality standard is not adequate.
    (c)(1) The requirements of Sec. 51.230(b) of this chapter are not 
met since the definition of person set forth in the Tennessee Air 
Quality Act and in the State implementation plan does not include 
facilities owned or operated by the State. Therefore, section 53-3409(f) 
of the Tennessee Code Annotated and section 30 of Chapter II of the 
Tennessee Air Pollution Control Regulations are disapproved.
    (2) Definition of person. For the purposes of the plan, person shall 
mean any individual, partnership, copartnership, firm, company, 
corporation, association, joint stock company, trust, estate, State-
owned or operated facility, State agency, political subdivision, or any 
other legal entity, or their legal representatives, agents, or assigns.
    (d) The requirements of Sec. 51.230(b) of this chapter are not met 
since the State lacks legal authority, as a result of the enactment of 
House Bill 1490 by the 1974 Tennessee legislature, to control emissions 
from the quarrying and processing of agricultural limestone. Therefore, 
section 53-3424 of the Tennessee Code Annotated is disapproved.
    (e) The requirements of Sec. 51.230(b) of this chapter are not met 
since the State lacks legal authority, as a result of the enactment of 
House Bill 1845 by the 1974 Tennessee legislature, to control emissions 
from air contaminant sources which use woodwaste only as fuel. 
Therefore, the last sentence of section 53-3422 of the Tennessee Code 
Annotated is disapproved.

[37 FR 10894, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.2224, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.2225  VOC rule deficiency correction.

    (a) Revisions to sections 7-3, 7-13, and 7-24 of the Tennessee 
regulations are approved. These amendments are in response to the Clean 
Air Act section 182(a)(2)(A) requirement to submit RACT rules correcting 
deficiencies in the existing SIP in accordance with EPA's pre-amendment 
guidance. These deficiencies were first noted in a letter from Greer 
Tidwell, the EPA Region IV

[[Page 891]]

Administrator, to Governor McWherter on May 26, 1988, and clarified in a 
letter dated June 10, 1988, from Winston Smith, EPA Region IV Air 
Division Director, to Paul Bontrager, Director of the Air Pollution 
Control Division of the Metropolitan Health Department for Nashville/
Davidson County, and were further identified in EPA guidance including 
the Blue Book and the proposed Post-87 policy. The following deficiency 
in the Tennessee Regulations, however, has not been corrected.
    (1) Section 7-25, ``Recordkeeping and Reporting Requirements'' 
Nashville/Davidson County committed in a letter dated May 7, 1991, to 
include a separate provision that requires records to be maintained for 
at least two years. This additional provision, which is scheduled for a 
July 15, 1992, public hearing, will be submitted to EPA shortly after 
that date and will be acted upon separately.
    (2) In Section 7-3, Petition for Alternative Controls, the words 
``as applied'' should be added to the term ``VOC/gallon solids'' as a 
clarification.
    (3) The term ``vapor-tight'' should be defined in section 7-13.
    (4) ``Once-in/always-in'' is missing from the applicability section 
of the individual rules.
    (5) Section 7-25, ``Recordkeeping and Reporting Requirements'' 
should be revised to include additional requirements that would contain: 
units of compliance consistent with the performance requirements; 
applicable time periods for data entries; and a clear, separate 
provision that requires records to be kept.
    (b) Revisions to chapter 1200-3-18 ``Volatile Organic Compounds'' 
were submitted by Tennessee on May 18, 1993, to meet the requirements 
added by the 1990 Clean Air Act Amendments (CAAA) commonly referred to 
as the ``VOC RACT Catch-up `` requirements. The following deficiencies 
remain in Tennessee chapter 1200-3-18 and must be corrected.

    (1) Rule 1200-3-18-.01 (1): The definition of ``volatile organic 
compound'' must be revised to delete perchloroethylene from the list of 
compounds that have negligible photochemical reactivity.
    (2) Rule 1200-3-18-.02 (8): Tennessee must revise this paragraph to 
provide that an official of the company certify the reports instead of 
the owner or operator. This paragraph must also be amended to require 
NOX emissions to be reported.
    (3) Rule 1200-3-18-.06 (1): The term ``minimum reasonably 
attainable'' must be explained or defined.
    (4) Rule 1200-3-18-.33: This rule for the manufacture of synthesized 
pharmaceutical products has been amended by the State since the official 
submittal. The State of Tennessee has committed to submit the revised 
rule to EPA by January 1, 1996.
    (5) Rule 1200-3-18-.38: This rule for leaks from synthetic organic 
chemical, polymer, and resin manufacturing equipment sets the level of 
concentration of pure component at 20%. This level must be changed to 
10%.
    (6) Rules 1200-3-18-.39 (5)(a)(2) and 1200-3-18-.86 (11)(c): The 
conversion factors must be corrected.
    (c) The above deficiencies must be corrected according to the 
letters mentioned above, the proposed post-1987 ozone policy (52 FR 
45044), and other EPA guidance relating to the deficiencies before the 
SIP for ozone can be fully approved.

[56 FR 10173, Mar. 11, 1991, as amended at 57 FR 28626, June 26, 1992; 
59 FR 18317, Apr. 18, 1994; 60 FR 10508, Feb. 27, 1995]



Sec. 52.2226  Extensions.

    The Administrator hereby extends for 18 months (until July 1, 1980) 
the statutory deadline for submittal of a plan to attain the secondary 
SO2!standard in Copperhill.
    (a) [Reserved]
    (b) The Administrator hereby extends for 18 months (until July 1, 
1980) the statutory timetable for submittal of Tennessee's plans to 
attain and maintain the secondary ambient standard for particulate 
matter in the Chattanooga, Columbia, Kingsport, Memphis, and Nashville 
nonattainment areas (40 CFR 81.343).

[45 FR 2034, Jan. 10, 1980, as amended at 45 FR 8008, Feb. 6, 1980]



Sec. 52.2227   Prevention of air pollution emergency episodes.

    (a) The requirements of Sec. 51.152(a) of this chapter are not met 
since the plan does not provide for the enforcement of emission control 
actions for mobile sources during air pollution emergency episodes.

[37 FR 10895, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986]


[[Page 892]]





Sec. 52.2228  Review of new sources and modifications.

    (a) Part D--Conditional approval. The Nashville-Davidson County 
regulation for the review of new sources and modifications in 
nonattainment areas is approved on condition that the State by October 
31, 1984, submit a revision limiting source shutdown credit for offsets 
to replacement units, and, in the interim, assure implementation of the 
regulation in conformity with Federal requirements.
    (b) Section 123--Conditional approval. The plan's provision for 
implementation of the requirements of section 123 of the Clean Air Act 
in Nashville-Davidson County is approved on condition that the State by 
October 31, 1984, submit:
    (1) Definitions in the local regulation of nearby and excessive 
concentration and
    (2) Provision in the local regulation for public notification and 
opportunity for hearing in cases where stack heights in excess of normal 
good engineering practice are proposed on the basis of fluid modeling 
demonstrations, and, in the interim, assure implementation of the local 
regulation in conformity with Federal requirements.
    (c) The State of Tennessee proposed to delete section 1200-3-18-.03 
``Standard for New Sources'' from the Tennessee State Implementation 
Plan (SIP) and the Memphis-Shelby County portion of the Tennessee SIP. 
EPA is disapproving the deletion of this rule for the Tennessee SIP 
because Tennessee does not have federally approved New Source Review 
(NSR) regulations which apply to some of the sources in this chapter. 
EPA is approving the deletion of this rule for the Memphis submittal 
because the federally approved TN NSR applies to the Memphis-Shelby 
County area.
    (d) The State of Tennessee proposed to delete rule 1200-3-18-.03 
``Standard for New Sources'' from the Tennessee State Implementation 
Plan (SIP). In paragraph (e) of this section, EPA disapproved the 
deletion of this rule because Tennessee did not have federally approved 
New Source Review (NSR) regulations that applied to some of the sources 
in this chapter. EPA is hereby approving the deletion of section 1200-3-
18-.03 of the Tennessee SIP, and is deleting EPA's earlier disapproval 
in paragraph (e) of this section.

[39 FR 7284, Feb. 25, 1974, as amended at 48 FR 50080, Oct. 31, 1983; 50 
FR 32413, Aug. 12, 1985; 51 FR 40677, Nov. 7, 1986; 59 FR 18317, Apr. 
18, 1994; 60 FR 7917, Feb. 10, 1995; 60 FR 33924, June 29, 1995]



Sec. 52.2229  Rules and regulations.

    (a) The following portions of the revised Memphis and Shelby County 
regulations submitted on July 7, 1986, are disapproved because they are 
inconsistent with EPA policy and requirements:

16-77, Rules 1200-3-9-.01(3); 1200-3-9-.01(4)(o)(2)

    (b) Knox County Regulation 25.2.B, submitted July 7, 1986, is 
disapproved because it is inconsistent with EPA policy and requirements.

[54 FR 25458, June 15, 1989, as amended at 54 FR 31954, Aug. 3, 1989]



Sec. 52.2230  Attainment dates for national standards.

    The following table presents the latest dates by which the national 
standards are to be attained. The dates reflect the information 
presented in Tennessee's plan.

[[Page 893]]



----------------------------------------------------------------------------------------------------------------
                                                                      Pollutant                                 
                                    ----------------------------------------------------------------------------
     Air quality control region       Particulate matter       Sulfur oxides                                    
                                    --------------------------------------------  Nitrogen    Carbon     Ozone  
                                      Primary   Secondary   Primary   Secondary   dioxide    monoxide           
----------------------------------------------------------------------------------------------------------------
Eastern Tennessee-Southwestern                                                                                  
 Virginia Interstate:                                                                                           
  a. Sullivan County: Bristol and                                                                               
   Kingsport nonattainment areas\1\          d          d          c          c          b          b          d
  b. Campbell County nonattainment                                                                              
   areas\1\........................          d          d          c          c          b          b          b
  c. Anderson/Knox County                                                                                       
   nonattainment area\1\...........          c          d          c          c          b          b          b
  d. Copperhill nonattainment                                                                                   
   area\1\.........................          c          c          d          f          b          b          b
  e. Knox County nonattainment                                                                                  
   area\1\.........................          c          c          c          c          b          d          d
  f. Bradley County nonattainment                                                                               
   area\1\.........................          c          c          c          c          b          b          d
  g. Roane County nonattainment                                                                                 
   area............................          c          c          c          c          b          b          d
  h. Rest of AQCR..................          c          c          c          c          b          b          b
Tennessee River Valley-Cumberland                                                                               
 Mountains Intrastate..............          c          c          c          c          b          b          b
Middle Tennessee Intrastate:                                                                                    
  a. Benton/Humphreys County                                                                                    
   nonattainment areas\1\..........          c          c          d          d          b          b          c
  b. Davidson County nonattainment                                                                              
   area\1\.........................          d          d          c          c          b          e          d
  c. Maury County nonattainment                                                                                 
   area\1\.........................          c          c          b          b          b          b          d
  d. Rest of AQCR..................          c          c          b          b          b          b          c
Western Tennessee Intrastate:                                                                                   
  a. Benton/Humphreys County                                                                                    
   nonattainment area\1\...........          c          c          d          d          b          b          b
  b. Rest of AQCR..................          c          c          b          b          b          b          b
Chattanooga Interstate:                                                                                         
  a. Hamilton County nonattainment                                                                              
   area\1\.........................          c          c          b          b          b          b          d
  b. Rest of AQCR..................          c          c          b          b          b          b          b
Metropolitan Memphis:                                                                                           
  a. Shelby County nonattainment                                                                                
   area\1\.........................          c          c          b          b          b          e          d
  b. Rest of AQCR..................          c          c          b          b          b          b          c
----------------------------------------------------------------------------------------------------------------
\1\For more precise delineation, see Sec.  81.343 of this chapter.                                              
                                                                                                                
a. Air quality levels presently below primary standards or area is unclassifiable.                              
b. Air quality levels presently below secondary standards or area is unclassifiable.                            
c. July 1975.                                                                                                   
d. December 31, 1982.                                                                                           
e. December 31, 1987.                                                                                           
f. 18-month extension granted.                                                                                  

[45 FR 53818, Aug. 13, 1980, as amended at 45 FR 75661, Nov. 17, 1980; 
49 FR 1343, Jan. 11, 1984]



Sec. 52.2231

  Control strategy: Sulfur oxides and particulate matter.

    (a) Part D conditional approval. The Chattanooga primary TSP plan's 
provisions for review of new sources and modifications in the 
nonattainment area are approved on condition that the State submit by 
December 31, 1987, a definition of the term Federally enforceable and 
provisions for making Federally enforceable all limitations, conditions, 
and offsets, including permit restrictions, relied upon under the plan, 
and in the interim, implement these provisions in a manner consistent 
with EPA requirements.
    (b) In letters dated March 9 and April 15, 1988, the Tennessee 
Department of Health and Environment certified that no emission limits 
in the State's plan are based on dispersion techniques not permitted by 
EPA's stack height rules. This certification does not apply to: Dupont 
(43-07-02); Tennessee Valley Authority--Johnsonville (43-11-1 thru 10); 
Tennessee Chemical Company (70-04-21); Tennessee Eastman (82-03-15-19); 
A.E. Staley (53-81-18, 19, 34, 31); Cargill Inc., Memphis; and Grace 
Chemical Company, Millington.

[52 FR 15498, Apr. 29, 1987, as amended at 54 FR 25454, June 15, 1989]


[[Page 894]]


Sec. 52.2232  [Reserved]



Sec. 52.2233  Significant deterioration of air quality.

    (a)(1) Paragraph 1200-3-9-.01(4)-(0)-2. of Tennessee's regulations 
is disapproved because it does not require that the consent of the 
Governor(s) of affected states be obtained when innovative technology 
waivers are granted. EPA retains permitting authority for sources 
requesting innovative technology waivers which would significantly 
impact air quality in adjacent states.
    (2) Tennessee's definition of stationary source specifically 
excludes the activities of any Vessel. This exclusion is not currently 
approvable and EPA is deferring action on it pending final rulemaking on 
the issue. EPA retains authority for permits which involve vessel 
emissions where a source is not willing to include all vessel emissions 
in the definition of source.
    (b) The requirements of 52.21 (b) through (w) are hereby 
incorporated by reference and made part of the applicable SIP for the 
State of Tennessee for the following purposes:
    (1) Permitting of sources requesting innovative technology waivers 
which would significantly impact air quality in adjacent states.
    (2) Permitting of sources involving vessel emissions where the 
source is unwilling to include all vessel emissions in the definition of 
source.
    (c) (1) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located or to be located in the 
State of Tennessee shall be submitted to the Division of Air Pollution 
Control, Tennessee Department of Public Health, 256 Capitol Hill 
Building, Nashville, Tennessee 37219.

[42 FR 36456, July 15, 1977, and 43 FR 26410, June 19, 1978, as amended 
at 50 FR 7779, Feb. 26, 1985]



Sec. 52.2234  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met because the plan does not include approvable procedures meeting the 
requirements of 40 CFR 51.305 and 51.307 for protection of visibility in 
mandatory Class I Federal areas.
    (b) Regulations for visibility monitoring and new source review. The 
provisions of Secs. 52.26, 52.27, and 52.28 are hereby incorporated and 
made part of the applicable plan for the State of Tennessee.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Tennessee.

[51 FR 5505, Feb. 13, 1986, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.2235  Control strategy: Ozone.

    (a) Determination--EPA is determining that, as of August 8, 1995, 
the Nashville ozone nonattainment area has attained the ozone standard 
and that the reasonable further progress and attainment demonstration 
requirements of section 182(b)(1) and related requirements of section 
172(c)(9) of the Clean Air Act do not apply to the area for so long as 
the area does not monitor any violations of the ozone standard. If a 
violation of the ozone NAAQS is monitored in the Nashville ozone 
nonattainment area, these determinations shall no longer apply.
    (b) Nonregulatory provisions for the implementation of a basic I/M 
program in Rutherford, Sumner, Williamson, and Wilson Counties, 
submitted on July 13, 1994, were approved by EPA on September 26, 1995.

[60 FR 40292, Aug. 8, 1995, as amended at 60 FR 47290, Sept. 12, 1995]



Sec. 52.2236  Control strategy; lead.

    The Tennessee Department of Environment and Conservation has 
submitted revisions to the Tennessee SIP on October 6, 1994. These 
revisions address the requirements necessary to change an lead 
nonattainment area to attainment. The maintenance plan for the Fayette 
County area near Rossville, Tennessee is comprised of a maintenance 
demonstration and NSR/PSD program. For areas where the only lead source 
has shut down, these components are sufficient for an approvable 
maintenance plan. The State's maintenance plan is complete and satisfies 
all

[[Page 895]]

of the requirements of section 175(A) of the CAA.

[60 FR 43020, Aug. 18, 1995]



                            Subpart SS--Texas



Sec. 52.2270   Identification of plan.

    (a) Title of plan: ``Texas Air Pollution Control Implementation 
Plan.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Certification that statewide public hearings had been held on 
the plan was submitted by the Texas Air Control Board (TACB) on February 
8, 1972. (Nonregulatory)
    (2) A discussion of its policy concerning the confidentiality of 
certain hydrocarbon emission data was submitted by the TACB on May 2, 
1972. (Nonregulatory)
    (3) A discussion of the source surveillance and extension sections 
of the plan was submitted by the TACB on May 3, 1972. (Nonregulatory)
    (4) A discussion of minor revisions to the plan was submitted by the 
Governor on July 31, 1972. (Nonregulatory)
    (5) Revisions of section XI, paragraph C.3: Rule 9: Regulation V and 
control strategy for photochemical oxidants/hydrocarbons in Texas 
designated regions 7 and 10; regulation VII; and control strategy for 
nitrogen oxides in regions 5, 7, and 8 were submitted by the TACB on 
August 8, 1972.
    (6) A request that inconsistencies in the plan concerning the 
attainment dates of primary air standards be corrected was submitted by 
the Governor on November 10, 1972. (Nonregulatory)
    (7) Revisions to regulation IV, regulation V, the general rules and 
control strategy for photochemical oxidants/hydrocarbons, and a request 
for a two year extension to meet Federal standards for photochemical 
oxidants was submitted by the Governor on April 13, 1973.
    (8) Revisions to regulation IV (Control of Air Pollution from Motor 
Vehicles) were adopted on October 30, 1973, and were submitted by the 
Governor on December 11, 1973.
    (9) A revision of priority classifications for particulate matter, 
sulfur oxides, and carbon monoxide was submitted by the Governor on 
March 21, 1975. (Nonregulatory)
    (10) Revisions to rule 23, concerning compliance with new source 
performance standards, and rule 24, concerning compliance with national 
emission standards for hazardous air pollutants were submitted by the 
Governor on May 9, 1975.
    (11) Administrative revisions were submitted by the TACB with the 
semi-annual report in 1974 for sections I, II, III, IV, XI and XIII, and 
with the semi-annual report in 1975 for sections I, II, XI, and XII. 
(Nonregulatory)
    (12) A revision of section IX, Air Quality Surveillance, was 
submitted by the Governor on August 2, 1976. (Nonregulatory)
    (13) Revisions to section IX, Air Quality Surveillance Plan, which 
include changes of several air quality monitoring sites, were submitted 
by the TACB on August 12, 1977. (Nonregulatory)
    (14) Administrative revisions to section X, the Permit System, were 
submitted by the TACB in 1973, 1974, 1975, and 1977. (Nonregulatory)
    (15) Revisions to regulation V for control of volatile carbon 
compound emissions, as amended on December 10, 1976, were submitted by 
the Governor on July 20, 1977.
    (16) An administrative revision to section IX, Air Quality 
Surveillance System, was submitted by the Texas Air Control Board on 
August 14, 1978. (Nonregulatory)
    (17) Board Order No. 78-6, creditable as emission offsets for the 
Corpus Christi Petrochemical Company project in Corpus Christi, was 
submitted by the Governor on July 24, 1978, as amendments to the Texas 
State Implementation Plan (see Sec. 52.2275).
    (18) Draft inspection/maintenance legislation and a schedule for 
conducting a pilot inspection/maintenance study were submitted by the 
Governor on April 13, 1979.
    (19) Adopted inspection/maintenance legislation and administrative 
revisions concerning inspection/maintenance were submitted by the 
Governor on August 9, 1979.
    (20) Revision to the plan for attainment of standards for 
particulate matter, carbon monoxide, and ozone (Part

[[Page 896]]

D requirements) were submitted by the Governor on April 13, 1979.

    Note: The provisions of Rule 104 submitted by the Governor on 1/28/
72 and approved by EPA on 5/31/72 remain in effect in other than 
nonattainment areas.

    (21) Administrative revisions to the transportation control portion 
of the plan were submitted by the Governor on August 9, 1979 (non-
regulatory).
    (22) No action is being taken on Subchapters 131.07.52, .53, and .54 
of Regulation V, submitted by the Governor April 13, 1979 for the ozone 
nonattainment counties of Harris, Galveston, Brazoria, Bexar, Dallas, 
and Tarrant.
    (23) No action is being taken on the control strategy for the TSP 
nonattainment area of Houston 1, submitted by the Governor on April 13, 
1979.
    (24) A revision identifying and committing to implement currently 
planned Transportation Control Measures (TCMs) for Harris County was 
submitted by the Governor on December 28, 1979.
    (25) Revisions to Regulation VI (i.e., Subchapter 116.3(a)(13-15)), 
and the definition of ``de minimus impact,'' were adopted by the Texas 
Air Control Board on July 11, 1980, and submitted by the Governor on 
July 25, 1980.
    (26) Board Order No. 78-8 creditable as emission offsets for the 
General Portland, Inc., project in New Braunfels, Comal County, Texas, 
was submitted by the Governor on September 13, 1978, as an amendment to 
the Texas State Implementation Plan (see Sec. 52.2276).
    (27) Revisions to Regulation V (i.e., Subchapters 115.171-176) and 
particulate matter (TSP) control strategies for the nonattainment areas 
of San Benito, Brownsville, Corpus Christi 1, Corpus Christi 2, Dallas 
1, and El Paso 4 were adopted by the Texas Air Control Board on July 11, 
1980, and submitted by the Governor on July 25, 1980.
    (28) An administrative revision to section I, Introduction, was 
submitted by the TACB on July 23, 1981. (Nonregulatory)
    (29) An administrative revision to section V, Legal Authority, was 
submitted by the TACB on July 23, 1981. (Nonregulatory).
    (30) Revisions to the Texas SIP for the Union Carbide Corporation 
Bubble in Texas City, Texas were submitted by the Governor on December 
15, 1981.
    (31) Revisions to the ozone, total suspended particulate, and carbon 
monoxide control strategies, General Rules (i.e., definition for vapor 
mounted seal and section 101.22), Regulation IV (i.e., addition of 
section 114.2(b)), and Regulation V (i.e., deletion of sections 115.46 
and 115.71, 115.101-106, sections 115.144, 115.153, title of sections 
115.161-163 and 115.162, 115.171-176, 115.191-194, sections 115.252, 
115.262, 115.401, 115.411, and title of sections 115.421-424) were 
adopted by the Texas Air Control Board on March 20, 1981, and submitted 
by the Governor on July 20, 1981.
    (32) Revisions to the plan for intergovernmental consultation and 
composition of the Texas Air Control Board were submitted by the 
Governor on April 13, 1979.
    (33) A revision to General Rule 9--Sampling, as adopted by the Texas 
Air Control Board on October 30, 1973, was submitted by the Governor on 
December 11, 1973.
    (34) Revisions to the General Rules (i.e., the addition of 
definitions for liquid-mounted seal, miscellaneous metal parts and 
products, factory surface coating of flat wood paneling, vapor tight, 
and waxy high pour point crude oil) and Regulation V (i.e., sections 
115.101-106, section 115.191 (9) and (10), sections 115.193, 115.194, 
115.201-203, 115.221-223, 115.231-233, 115.251-255, 115.261-264, and 
115.421-424) were adopted by the Texas Air Control Board on July 11, 
1980 and submitted by the Governor on July 25, 1980.
    (35) [Reserved]
    (36) Revisions to Regulation VI (i.e., section 116.1, section 116.2, 
section 116.3(a), section 116.3(a)(2), the addition of sections 
116.3(a)(3), 116.3(a)(4), and 116.3(a)(5), section 116.3(a)(6), section 
116.3(b)(2), the addition of sections 116.3(b)(3), 116.3(b)(4), 116.4, 
and 116.5, section 116.6, section 116.7, and section 116.8) were adopted 
by the Texas Air Control Board on March 27, 1975 and submitted by the 
Governor on May 9, 1975.
    (37) Revisions to Regulation VI (i.e., the deletion of 
131.08.00.009) were adopted by the Texas Air Control Board on March 30, 
1979 and submitted by the Governor on April 13, 1979.

[[Page 897]]

    (38) Revisions to Regulation VI (i.e., the deletion of 
131.08.00.003(a)(3) and 131.08.00.003(a)(5), section 116.3(a)(4), 
section 116.3(a)(5), section 116.3(a)(9), section 116.3(a)(10), section 
116.3(a)(12), and section 116.10) were adopted by the Texas Air Control 
Board on March 20, 1981 and submitted by the Governor on July 20, 1981.
    (39) [Reserved]
    (40) Revisions to Subchapter 115.135 (formerly 131.07.54.105) of 
Regulation V were adopted by the Texas Air Control Board on September 7, 
1979 and submitted by the Governor to EPA on November 2, 1979 (i.e., 
removal of Jefferson, Orange, El Paso, Nueces, and Travis Counties).
    (41) The Texas Lead SIP was submitted to EPA on June 12, 1980, by 
the Governor of Texas, as adopted by the Texas Air Control Board on 
March 21, 1980. Additional information was submitted in letters dated 
January 29, 1982, March 15, 1982, June 3, 1982, June 15, 1982, August 
23, 1982, and October 14, 1982. Also additional information and Board 
Order 82-11 were submitted in a letter dated December 3, 1982. No action 
is taken regarding the Dallas and El Paso areas.
    (42) An administrative revision for Section VIII (Texas Air 
Pollution Emergency Episode Contingency Plan) and a revision to 
Regulation VIII (Control of Air Pollution Episodes) was submitted by the 
TACB on May 18, 1982 and December 29, 1981, respectively.
    (43) A revision to Regulation V deleting Ector County from the 
provisions of subsections 115.111 and .113 was adopted on March 20, 1981 
and submitted by the Governor on July 20, 1981.
    (44) Revisions to Regulation I, sections 111.2(7), 111.3, 111.11, 
111.12, 111.26, 111.61-111.65, and 111.71-111.76, for control of 
particulate matter and visible emissions as submitted by the Governor on 
January 22, 1974.
    (45) Revisions to Regulation I, section 111.2 for control of 
particulate matter and visible emissions as submitted by the Governor on 
December 29, 1975.
    (46) Revisions to Regulation I, Sections 111.2(8), 111.2(9), 111.22, 
111.91 and 111.92 for control of particulate matter and visible 
emissions as submitted by the Governor on April 13, 1979.
    (47) Revisions to section XII (Resources) as submitted by the 
Executive Director on July 6, 1982.
    (48) Revisions to Subchapters 115.111-115.113 (formerly 
131.07.52.101-131.07.52.104) regarding gasoline bulk terminals, 115.123-
115.124 (formerly 131.07.53.101-131.07.53.103) regarding gasoline bulk 
plants, and 115.131-115.135 (formerly 131.07.54.101-131.07.54.105) 
regarding the filling of gasoline storage vessels at motor vehicle fuel 
dispensing facilities (Stage I vapor recovery at service stations) of 
Regulation V for the counties of Harris, Galveston, Brazoria, Bexar, 
Dallas, and Tarrant were adopted by the Texas Air Control Board on March 
30, 1979 and submitted by the Governor to EPA on April 13, 1979.
    (49) Revisions to Subchapters 115.111 and 115.113 (formerly 
131.07.52.101 and 131.07.52.103) regarding gasoline bulk terminals, 
115.121 and 115.123 (formerly 131.07.53.101 and 131.07.53.103) regarding 
gasoline bulk plants, and 115.131, 115.132, and 115.135 (formerly 
131.07.54.101, 131.07.54.102, and 131.07.54.105) regarding the filling 
of gasoline storage vessels at motor vehicle fuel dispensing facilities 
(Stage I vapor recovery at service stations) of Regulation V were 
adopted by the Texas Air Control Board on July 11, 1980 and submitted by 
the Governor to EPA on July 25, 1980.
    (50) Revisions to the General Rules (i.e., deletion of the 
definitions for chemical process plant, exhaust emission, gas processing 
plant, and non-methane hydrocarbons, and revisions to the definitions 
for gasoline bulk plant, gasoline terminal, lowest achievable emission 
rate, standard conditions, submerged fill pipe, paper coating, and 
light-duty truck coating), Regulation I (i.e., the deletion of sections 
111.61-111.65, revisions to title of sections 111.71-111.76 and section 
111.71, addition of sections 111.81-111.83, deletion of section 111.91, 
and revisions to section 111.92), and Regulation V (i.e., section 115.1, 
sections 115.11-115.13, sections 115.31-115.32, sections 115.41-115.45, 
section 115.81, and section 115.91, all for Bexar County only: and, 
sections 115.101-115.106; title of sections 115.141-115.144 and section 
115.141, section

[[Page 898]]

115.142, and section 115.144; title of sections 115.151-115.153 and 
section 115.152, and section 115.153; sections 115.161-115.163 and 
title; title of sections 115.171-115.176 and section 115.173, section 
115.175, and section 115.176; title of sections 115.191-115.194 and 
section 115.191, section 115.192, and section 115.193; title of sections 
115.201-115.203 and section 115.203; title of sections 115.221-115.223 
and sections 115.222-115.223; sections 115.231-115.233 and title; title 
of sections 115.251-115.255 and section 115.253, and section 115.255; 
section 115.401; title of sections 115.411-115.413 and sections 115.411 
and 115.412; title only of sections 115.421-115.424) were adopted by the 
Texas Air Control Board on January 8, 1982, and submitted by the 
Governor on August 9, 1982, with an addendum from the State on January 
13, 1983.
    (51) A revision to Section III (Public Participation/
Intergovernmental Coordination) was submitted by the Texas Air Control 
Board on August 17, 1982 and a letter of clarification was submitted on 
January 28, 1983. The revision also supercedes and deletes Section XIII 
which was approved on May 31, 1972.
    (52) An administrative revision to Section IX, Air Quality 
Surveillance, was submitted by the TACB on June 22, 1983. 
(Nonregulatory)
    (53) A revision to Regulation VI (i.e., the addition of section 
116.11) was adopted by the Texas Air Control Board on December 3, 1982, 
and submitted by the Governor on May 13, 1983.
    (54) Revisions to the Texas State Implementation Plan for lead for 
Dallas County (concerning a lead control plan for the area around the 
secondary lead smelter in West Dallas), were submitted to EPA on April 
6, 1984, by the Governor of Texas, as adopted by the Texas Air Control 
Board on February 17, 1984.
    (55) Revisions to the Texas State Implementation Plan for lead for 
Dallas County (concerning a lead control plan for the area around the 
secondary lead smelter in South Dallas), and revisions to Regulation 
III, chapter 113, Subchapter B, Lead Smelters in Dallas County, were 
submitted to EPA on July 16, 1984, by the Governor of Texas, as adopted 
by Texas Air Control Board on May 18, 1984. No action is taken on 
Regulation III, Sections 113.113 and 113.114.
    (56) Revisions to the Texas State Implementation Plan for lead for 
El Paso County, with revisions to Regulation III, Chapter 113, 
Subchapter B, Nonferrous Smelters in El Paso County, were submitted to 
EPA on June 20, 1984, by the Governor of Texas, as adopted by Texas Air 
Control Board on February 17, 1984. Also, letters providing additional 
information were submitted by Texas on June 11 and June 28, 1984. No 
action is taken on Regulation III, Sections 113.111 113.112. The date of 
compliance listed in Sec. 113.122 of February 28, 1989 (for section 
113.53) is disapproved. EPA is taking no action on the attainment date 
for El Paso County.
    (57)-(58) [Reserved]
    (59) Revisions to TACB Regulation VI and definitions in the General 
Rules as adopted on June 10, 1983 and submitted by the Governor on 
December 22, 1983, including a letter of clarification on their 
definitions submitted by the Texas Air Control Board on March 27, 1984.
    (60) The Alternative Emission Control Plan for the Exxon Baytown 
Refinery in Baytown, Texas was adopted by the Texas Air Control Board on 
March 18, 1983, in Board Order No. 83-2.
    (61) Revisions to the plan for attainment of the standard for Ozone 
in Harris County were submitted by the Governor on December 9, 1982, 
January 3, 1984, and March 18, 1985.
    (i) Revisions adopted on December 3, 1982, include the following 
changes to Regulation V and the general rules. New sections or 
subsections 115.105(7), 115.111(2)(b), 115.111(2)(c), 115.111(2)(d), 
115.163, 115.164, 115.193(c)(5), 115.193(c)(6), 115.271, 115.272, 
115.273, 115.274, 115.275, and 115.421 are added. Revisions to 
115.106(b), 115.106(c), 115.113, 115.141, 115.142, 115.161, 115.162, 
115.191(9)(a)(i), 115.251(a)(1), 115.252(a)(4), 115.252(b), 115.252(c), 
115.253(a), 115.254, 115.255(c), and 115.401(b) were made. Section 101.1 
of the general rules was revised to include definitions of new terms. 
The revisions also included the following commitments: emissions 
tracking, pages 87-88; projections of reasonable further progress, pages 
91 and 93; and emission reduction commitments for

[[Page 899]]

transportation control measures, Appendix V.
    (ii) Revisions adopted on September 9, 1983, include revisions to 
Regulation IV. New sections or subsections 114.1(e), 114.1(f), 114.3, 
and 114.5 are added.
    (iii) Revisions adopted on November 9, 1984 include the following:
    (A) Recordkeeping and record submittal requirements, pages 12-13,
    (B) Mechanics training program commitments, pages 17-18,
    (C) Public Awareness Plan commitments, pages 19-20,
    (D) Implementation Schedule, page 25(1-3),
    (E) Reasonable Further Progress Chart, Table 13, and
    (F) Department of Public Safety and Texas Air Control Board Rules 
and Regulations, Texas Vehicle Inspection Act Article XV, and 
Documentation to Authorize and Support the Implementation and 
Enforcement of the Texas Vehicle Parameter Inspection and Maintenance 
Program, Appendix X, containing the following documents:

--Senate Bill 1205
--Letters of commitment from Texas Department of Public Safety, City of 
Houston Police Department, and Harris County Sheriff
--Parameter Vehicle Emission Inspection and Maintenance Rules and 
Regulations for Official Vehicle Inspection Stations and Certified 
Inspectors, July 1, 1984
--Texas Motor Vehicle Laws, 1981-1982
--Rules and Regulations for Official Vehicle Inspection Stations and 
Certified Inspectors, November 11, 1983, Sections A, B, C pages C-1, C-
16, C-17, C-18, C-26, C-27, and C-28, D, and E pages E-1, E-6, E-7, E-8, 
and E-9.

    (62) Revision to the Texas State Implementation Plan for Good 
Engineering Practice--Stack Height regulations, Texas Air Control Board 
Regulation VI, Sec. 116.3(a)(14), as adopted by the Texas Air Control 
Board on July 17, 1987, were submitted by the Governor of Texas on 
October 26, 1987. This revision included definitions for owner or 
operator, emission limitation and emission standards, stack, a stack in 
existence, dispersion technique, good engineering practice, nearby, 
excessive concentration, and regulations related to stack height 
provisions and stack height procedures for new source review.
    (i) Incorporation by reference.
    (A) Texas Air Control Board Regulation VI, Sec. 116.3(a)(14), 
adopted by the Board on July 17, 1987.
    (ii) Other material--one.
    (63) Revisions to TACB Regulation VI and definitions in the General 
Rules were submitted by the Governor on December 13, 1985.
    (i) Incorporation by reference. December 13, 1985 letter from the 
Governor to EPA, and Revisions adopted on September 20, 1985, include 
the following changes to Regulation VI and the General Rules. Revisions 
to Sec. 116.11 were made, and Sec. 101.1 of the General Rules was 
revised to include an amendment to the term major facility/stationary 
source.
    (64) Board Order No. 85-2, an alternate emission reduction plan for 
the Continental Can Company, U.S.A. can coating plant in Longview, Texas 
was submitted by the Governor on July 25, 1985, as amendments to the 
Texas State Implementation Plan. The source is now subject to the 
legally enforceable requirements stated in Board Order No. 85-2 and in 
TACB Permit Number C-16765.
    (i) Incorporation by reference.
    (A) Texas Air Control Board Order No. 85-2 adopted on May 10, 1985, 
and TACB Permit Number C-16765 as revised November 21, 1986.
    (65) In a October 26, 1987, letter, the Governor of Texas submitted 
a revision to the Texas State Implementation Plan for Lead in El Paso 
County. These revisions to the control strategy are adequate to 
demonstrate attainment by August 14, 1987, of the National Ambient Air 
Quality Standards for lead in El Paso County by modeling. Enclosed in 
this letter were Texas Air Control Board (TACB) Board Order No. 87-14 as 
passed and approved on August 14, 1987; the revisions to Regulation III, 
Subchapter B as appended to the Board Order; and a certification of 
Public Hearing.
    (i) Incorporation by reference.
    (A) TACB Board Order No. 87-14, as adopted on August 14, 1987.
    (B) The March 23, 1988, letter and enclosures from TACB to EPA.

[[Page 900]]

    (66) Revisions to the plan for attainment of the standard for ozone 
in Dallas and Tarrant Counties were submitted by the Governor on 
September 30, 1985 and December 21, 1987.
    (i) Incorporation by reference.
    (A) Revisions to the Texas Air Control Board Regulation IV, Section 
114.1 (c), (e), (f), 114.3, 114.5 (a), (b), (d), (e), (f), and (g) 
adopted July 26, 1985.
    (B) Vehicle Inspection and Maintenance and Transportation Control 
Measures (VIMTCM), Appendix AG, Emission Reduction Commitments for 
Transportation Control Measures in Post-1982 SIP Areas adopted by the 
Texas Air Control Board on August 28, 1985.
    (C) VIMTCM, Appendix AJ, Excerpted Senate Bill 725, section 35 (d) 
and (g) effective September 1, 1985; and House Bill 1593 sections 21 and 
22 effective June 18, 1987.
    (D) The following portions of VIMTCM, Appendix AK, Texas Vehicle 
Parameter Inspection and Maintenance Program adopted by the Texas Air 
Control Board on December 18, 1987.

1 Record keeping and Record submittal Requirements, pages 15-17
2 Quality Control, Audit and Surveillance Procedures, pages 17-18
3 Procedures to Assure that Noncomplying Vehicles are Not Operated on 
the Public Roads, pages 18-20
4 Mechanic Training Program, pages 21-23
5 A Public Awareness Plan, pages 23-25
6 Vehicle Maintenance Program (Anti-tampering), pages 25-27

    (E) VIMTCM, Appendix AM, Department of Public Safety Rules and 
Regulations Concerning Vehicle Inspection and Maintenance Programs, 
Sections 1, 2, and 3 adopted by the Texas Air Control Board on December 
18, 1987.
    (F) VIMTCM, Appendix AN, Local Government Letters of Commitment to 
Enforce Vehicle Inspection and Maintenance Programs adopted by the Texas 
Air Control Board on December 18, 1987.
    (67) Part II of the Visibility Protection Plan was submitted by the 
Governor on November 18, 1987. This submittal includes a visibility 
long-term strategy and general plan provisions as adopted by the Texas 
Air Control Board on September 18, 1987.
    (i) Incorporation by reference.
    (A) Revision entitled, ``State Implementation Plan Revisions for 
Visibility Protection in Class I Areas: Phase I, September 18, 1987'' 
(including Appendices A and B).
    (B) Texas Air Control Board Order No. 87-15, adopted September 18, 
1987.
    (ii) Additional material.
    (A) None.
    (68) [Reserved]
    (69) Revisions to the plan for attainment of the standard for ozone 
in Dallas and Tarrant Counties were submitted by the Governor on October 
11, 1985, December 21, 1987, and December 13, 1988. EPA is approving 
these stationary source VOC regulations and commitments under part A, 
section 110 of the Clean Air Act. However, these regulations do not 
represent RACT under part D, section 172 of the Clean Air Act for 
numerous reasons, including cross-line averaging and director's 
equivalency determinations without first being submitted to and approved 
by EPA as a SIP revision.
    (i) Incorporation by reference.
    (A) Revisions to Texas Air Control Board Regulation V (31 TAC 
chapter 115), Control of Air Pollution from Volatile Organic Compounds: 
Rules 115.111 introductory paragraph; 115.111(2)(E); 115.111(2)(F); 
115.113 introductory paragraph, 115.113 last entry in table; except El 
Paso County for Rules 115.131 introductory paragraph, 115.132(6), 
115.132(7), 115.135 introductory paragraph, and 115.135 second to last 
entry in table; 115.162 introductory paragraph only; 115.163(b)(2); 
115.163(b)(3); 115.164(b) first paragraph only; 115.164(b)(3); 
115.164(b)(4); 115.171(a); except El Paso County for Rule 115.171(b); 
115.175(f); 115.176(a); 115.176(c); 115.191(9)(A)(iii); 
115.191(9)(A)(iv); 115.191(9)(A)(v); 115.193(c)(3); 115.223; except El 
Paso County for Rules 115.261 undesignated heading, 115.261 introductory 
paragraph, 115.262(a), and 115.264; as adopted by the Texas Air Control 
Board on July 26, 1985. Rules 115.171(c); 115.171(d); 115.176(d); 
115.193(c) first paragraph only; 115.193(c)(1); 
115.193(c)(2);115.193(c)(6); 115.193(d) first paragraph only; 
115.193(e); 115.194; 115.201(b)(1); 115.202; 115.203(a); and

[[Page 901]]

115.291 through 115.294 and the corresponding undesignated heading; as 
adopted by the Texas Air Control Board on December 18, 1987. Rules 
115.111(4)(C); except El Paso County for Rule 115.111(5); 115.111(6); 
115.111(7); 115.113 last entry in table; 115.131(2); except El Paso 
County for Rule 115.131(3); 115.131(4); 115.131(5); 115.132 introductory 
paragraph only; 115.132(2); 115.134(3); 115.135 last entry in table; 
115.141(a); 115.141(b); 115.142(a) first paragraph; 115.142(b); 
115.143(a); 115.143(b); 115.143(c); 115.144; 115.162(3)(B); 115.163(a); 
115.163(c); 115.163(d); 115.164(b)(7); 115.171(e); 115.172(a) first 
paragraph only; 115.172(a)(1); 115.172(a)(3); 115.172(a)(4); 
115.172(a)(5)(A); 115.172(a)(6); 115.172(a)(7); 115.172(b) first 
paragraph only; 115.172(b)(1); 115.173(a) first paragraph only; 
115.173(a)(2); 115.173(a)(4)(A); 115.173(a)(4)(B); 115.173(a)(4)(E); 
115.173(a)(6); 115.173(b) first paragraph only; 115.173(b)(2); 
115.173(b)(4); 115.173(b)(5); 115.173(b)(10); 115.173(b)(11); 
115.173(c); 115.174(a) first paragraph only; 115.174(a)(1)(A); 
115.174(a)(1)(B); 115.174(a)(1)(C); 115.174(a)(7); 115.174(a)(8); 
115.174(a)(9); 115.174(b) first paragraph only; 115.174(b)(2); 
115.174(b)(4); 115.174(b)(5); 115.174(c); 115.175(e); 115.175(g); 
115.176(e); 115.191(a) first paragraph only; 115.191(a)(8)(A); 
115.191(a)(8)(B); 115.191(a)(8)(C); 115.191(a)(9)(C); 115.191(a)(11); 
115.191(b); 115.191(c); 115.192(a); 115.192(b); 115.192(c); 115.193(f); 
115.201(a); 115.201(b) first paragraph only; 115.201(b)(2) through 
115.201(b)(6); 115.201(c); 115.203(b); 115.221(a) first paragraph only; 
115.221(a)(4); and 115.221(b); as adopted by the Texas Air Control Board 
on October 14, 1988.
    (B) Revisions to the Texas Air Control Board General Rules (31 TAC 
chapter 101), rule 101.1, Definitions for: automobile refinishing; 
consumer-solvent products; as adopted by the Texas Air Control Board on 
December 18, 1987. Rule 101.1, Definitions for: architectural coating; 
automotive primer or primer surfacers (used in automobile refinishing); 
automotive wipe-down solutions; coating application system; delivery 
vessel/tank-truck tank; exempt solvent; flexographic printing process; 
non-flat architectural coating; packaging rotogravure printing; 
publication rotogravure printing; rotogravure printing; surface coating 
processes; transfer efficiency; and vapor balance system; as adopted by 
the Texas Air Control Board on October 14, 1988.
    (C) The following portions of the Post-1982 Ozone Control Strategies 
Dallas and Tarrant Counties Texas State Implementation Plan Revisions 
(TX82SIP), as adopted by the Texas Air Control Board on December 18, 
1987.
    (1)(d) Emissions Tracking, page 56 (last paragraph), 57, and 58.
    (2)(e) Regulation Review, pages 58-60.
    (3)(a) Emissions Reductions and Growth Unaffected by This Plan, page 
63 (first two full paragraphs).
    (4)(e) Transportation Control Measures, pages 67-68.
    (5)(4) Projection of Reasonable Further Progress (RFP), pages 71-72.
    (6)(5) Contengency Plan, page 72.
    (7)(a) Emissions Reductions and Growth Unaffected by This Plan, page 
75.
    (8)(e) Transportation Control Measures, pages 79-80.
    (9)(4) Projection of Reasonable Further Progress (RFP), pages 83-84.
    (10)(5) Contingency Plan, page 84.
    (D) TX82SIP, appendix AG, Emission Reduction Commitments for 
Transportation Control Measures in Post-1982 SIP Areas, as adopted by 
the Texas Air Control Board on December 18, 1987.
    (E) Texas Air Control Board Order No. 85-06, as adopted July 26, 
1985.
    (F) Texas Air Control Board Order No. 87-18, as adopted December 18, 
1987.
    (G) Texas Air Control Board Order No. 88-10, as adopted October 14, 
1988.
    (ii) Additional Material.
    (A) A letter dated September 25, 1989, from Allen Eli Bell, 
Executive Director, Texas Air Control Board to Robert E. Layton Jr., 
P.E., Regional Administrator, EPA Region 6.
    (B) TX82SIP, (c) Additional Control Technique Guidelines (CTGs), 
pages 48-49.
    (C) TX82SIP, appendix AL, Transportation Control Measure Evaluation 
and Documentation of Highway Vehicle Data adopted by the Texas Air 
Control Board on December 18, 1987.
    (70) On March 12, 1982, the Governor of Texas submitted a request to 
revise

[[Page 902]]

the Texas SIP to include an Alternative Emission Reduction Plan for the 
E.I. Du Pont de Nemours & Company's Sabine River Works at Orange, Orange 
County, Texas. This Bubble uses credits obtained from the shutdown of 
sixteen methanol storage tanks and a methanol truck and railcar loading 
terminal in lieu of controls on one cyclohexane storage tank and two 
methanol storage tanks.
    (i) Incorporation by reference. (A) Texas Air Control Board Order 
No. 82-1, entitled ``E.I. Du Pont de Nemours and Company Incorporated'' 
passed and approved by the Board on January 8, 1982.
    (ii) Additional material. (A) Letter dated October 23, 1989, from 
the Director of the Texas Air Control Board (TACB) Technical Support and 
Regulation Development Program, giving assurances that the State has 
resources and plans necessary to strive toward attainment and 
maintenance of the National Ambient Air Quality Standard (NAAQS) for 
ozone taking into account the influence of this Bubble on air quality.
    (B) Letter dated May 31, 1988, from the Director of the TACB 
Technical Services Division, giving quantification of emissions and 
developmental information relative to volatile organic compound 
emissions from the storage and terminal facilities at the Du Pont plant.
    (C) Letter dated June 21, 1988, from the Director of the TACB 
Technical Services Division, giving the throughput basis for emission 
calculations for the tanks and discussing status of the equipment in the 
trade.
    (D) Record of Communication of a phone call from Bill Riddle, EPA 
Region 6 Emissions Trading Coordinator, to Clayton Smith and Wayne 
Burnop, Environmental Engineers for the TACB, dated November 7, 1989. 
TACB confirms that there has been no shifting demand for the bubble.
    (E) Record of Communication of a phone call from Mr. Bertie 
Fernando, TACB Environmental Engineer, to Bill Riddle, EPA Region 6 
Emissions Trading Coordinator, dated December 15, 1989. TACB gives the 
status of the equipment in the bubble as a follow up to the June 21, 
1988, letter mentioned in paragraph (c) of this section.
    (71) Revisions to section VIII of the Texas SIP entitled ``Texas Air 
Pollution Episode Contingency Plan'' as submitted by the Texas Air 
Control Board (TACB) in a letter dated October 2, 1987. Revisions to 
TACB Regulation VIII, 31 TAC Chapter 118, ``Emergency Episode 
Planning,'' as approved by TACB on July 16, 1987, and on April 14, 1989, 
and submitted by the Governor in letters dated October 26, 1987, and 
October 13, 1989, respectively.
    (i) Incorporation by reference
    (A) Amended TACB Regulation VIII, 31 TAC chapter 118, Rules 
118.1(a), 118.1(b)(2), 118.1(c), 118.2, 118.3, 118.4, 118.5(d), 
118.5(e), 118.5(f) and 118.6 as approved on July 17, 1987, and the 
repeal of Rule 118.7 as approved by TACB on July 17, 1987.
    (B) Amended TACB Regulation VIII, 31 TAC chapter 118, Rules 
118.1(b), 118.1(b)(1), Table 1 of Rule 118.1, first paragraph of Rule 
118.5, and 118.5(1), 118.5(2), 118.5(3), as approved by TACB on April 
14, 1989.
    (C) TACB Order 87-10, approved July 17, 1987.
    (D) TACB Order 89-01, approved April 14, 1989.
    (E) Texas SIP section VIII ``Texas Air Pollution Episode Contingency 
Plan'' pages VIII-3 through VIII-14, VIII-A-2 through VIII-A-4, and 
VIII-B-2 through VIII-B-3.
    (ii) Additional material
    (A) Revisions to section VIII as submitted on October 2, 1987, from 
Eli Bell, superceding and deleting section VIII as approved by EPA on 
October 7, 1982, at 47 FR 44260 (Texas Air Pollution Emergency Episode 
Contingency Plan).
    (B) A letter dated February 10, 1989, from Steven Spaw, TACB, to 
William B. Hathaway, U.S. EPA.
    (72) Revisions to the plan for attainment of the standard for ozone 
in Dallas and Tarrant counties were submitted by the Governor on March 
5, 1990 limiting the volatility of gasoline.
    (i) Incorporation by reference. (A) Revisions to the Texas Air 
Control Board Regulation V (31 TAC chapter 115), Control of Air 
Pollution from Volatile Organic Compounds, Rule

[[Page 903]]

115.242-249 as adopted by the Texas Air Control Board on December 8, 
1989.
    (B) Texas Air Control Board Order No. 89-13, as adopted December 8, 
1988.
    (73) Revisions for Prevention of Significant Deterioration (PSD) 
are: Regulation VI--Section 116.3(a)(13) as adopted by the Texas Air 
Control Board (TACB) on July 26, 1985 and as revised by the TACB on July 
17, 1987 and July 15, 1988 and submitted by the Governor on December 11, 
1985, October 26, 1987, and September 29, 1988, respectively; the PSD 
Supplement as adopted by the TACB on July 17, 1987 and submitted by the 
Governor on October 26, 1987; General Rules--Section 101.20(3) as 
adopted by the TACB on July 26, 1985 and submitted by the Governor on 
December 11, 1985; and the TACB commitment letters submitted by the 
Executive Director on September 5, 1989 and April 17, 1992. Approval of 
the PSD SIP is partially based on previously approved TACB regulations 
and State statutes.
    (i) Incorporation by reference.
    (A) Revisions to the TACB Regulation VI (31 TAC chapter 116)--
Control of Air Pollution by Permits for New Construction or 
Modification: Rule 116.3(a)(13) as adopted by the TACB on July 26, 1985 
and as revised by the TACB on July 17, 1987 and July 15,1988.
    (B) Revision to TACB General Rules (31 TAC Chapter 101)--Rule 
101.20(3) as adopted by the TACB on July 26, 1985.
    (C) TACB Board Order No. 85-07, as adopted on July 26, 1985.
    (D) TACB Board Order No. 87-09, as adopted on July 17, 1987.
    (E) TACB Board Order No. 88-08, as adopted on July 15, 1988.
    (F) The following portions of the PSD Supplement, as adopted by the 
TACB on July 17, 1987: 1. (2) Initial Classification of areas in Texas, 
pages 1-2; 2. (3) Re-designation procedures, page 2; 3. (4) plan 
assessment, pages 2-3; 4. (6) Innovative Control Technology, page 3; and 
5. (7) Notification, (a) through (d), page 4.
    (ii) Additional material.
    (A) The PSD Supplement as adopted by the TACB on July 17, 1987.
    (B) A letter dated September 5, 1989, from the Executive Director of 
the TACB to the Regional Administrator of EPA Region 6.
    (C) A letter dated April 17, 1992, from the Executive Director of 
the TACB to the Division Director of Air, Pesticides and Toxics 
Division, EPA Region 6.
    (74) Revisions to Texas Air Control Board's volatile organic 
compound regulations were submitted by the Governor of Texas on July 16, 
1990.
    (i) Incorporation by reference
    (A) Revisions to Texas Air Control Board Regulation V (31 TAC 
Chapter 115) Control of Air Pollution from Volatile Organic Compounds, 
Subchapter E: Solvent-Using Processes, Surface Coating Processes, 
Sec. 115.421 introductory paragraph, Sec. 115.421(8)(A), Sec. 115.425 
introductory paragraph, Sec. 115.425(3), Sec. 115.429 introductory 
paragraph, and Sec. 115.429(2)(E), as adopted by the Texas Air Control 
Board on June 22, 1990.
    (B) Texas Air Control Board Order No. 90-07 as adopted by the Texas 
Air Control Board on June 22, 1990.
    (ii) Additional material
    (A) Texas Air Control Board July 10, 1990, certification signed by 
Steve Spaw, P.E., Executive Director, Texas Air Control Board.
    (75) Revisions to the State Implementation Plan for particulate 
matter (PM10 Group III) General Rules (31 TAC Chapter 101), 
Sec. 101.1 Definitions for ``De minimis impact'', ``Particulate 
matter'', ``Particulate matter emissions'', ``PM10'', ``PM10 
emissions'', and ``Total suspended particulate'', as adopted on June 16, 
1989, by the Texas Air Control Board (TACB), were submitted by the 
Governor on August 21, 1989.
    (i) Incorporation by reference.
    (A) General Rules (31 TAC Chapter 101), Section 101.1 Definitions 
for ``De minimis impact'', ``Particulate matter'', ``Particulate matter 
emissions'', ``PM10'', ``PM10 emissions'', and ``Total 
suspended particulate'', as adopted on June 16, 1989, by the TACB.
    (ii) Additional material--None.
    (76) A revision to the Texas State Implementation Plan (SIP) to 
include revisions to Texas Air Control Board (TACB) Regulation II, 31 
TAC Chapter 112. Control of Air Pollution from Sulfur Compounds, 
submitted by the Governor by cover letter dated October 15, 1992.
    (i) Incorporation by reference.

[[Page 904]]

    (A) Revisions to Texas Air Control Board (TACB), Regulation II, 31 
TAC Chapter 112, Section 112.1, ``Definitions;'' Section 112.2, 
``Compliance, Reporting, and Recordkeeping;'' Section 112.3, ``Net 
Ground Level Concentrations;'' Section 112.4, ``Net Ground Level 
Concentration--Exemption Conditions;'' Section 112.5, ``Allowable 
Emission Rates--Sulfuric Acid Plant Burning Elemental Sulfur;'' Section 
112.6, ``Allowable Emission Rates--Sulfuric Acid Plant;'' Section 112.7, 
``Allowable Emission Rates--Sulfur Recovery Plant;'' Section 112.8, 
``Allowable Emission Rates From Solid Fossil Fuel-Fired Steam 
Generators,'' Subsections 112.8(a), except for the phrase ``Except as 
provided in subsection (b) of this section,'' 112.8(c), 112.8(d), 
112.8(e); Section 112.9, ``Allowable Emission Rates--Combustion of 
Liquid Fuel;'' Section 112.14, ``Allowable Emission Rates--Nonferrous 
Smelter Processes;'' Section 112.15, ``Temporary Fuel Shortage Plan 
Filing Requirements;'' Section 112.16, ``Temporary Fuel Shortage Plan 
Operating Requirements;'' Section 112.17, ``Temporary Fuel Shortage Plan 
Notification Procedures;'' Section 112.18, ``Temporary Fuel Shortage 
Plan Reporting Requirements;'' Section 112.19, ``Application for Area 
Control Plan;'' Section 112.20, ``Exemption Procedure;'' and Section 
112.21, ``Allowable Emission Rates Under Area Control Plan,'' as adopted 
by the TACB on September 18, 1992.
    (B) Texas Air Control Board Order No. 92-19, as adopted by the Texas 
Air Control Board on September 18, 1992.
    (ii) Additional material.
    (A) Texas Air Control Board certification letter dated October 1, 
1992, and signed by William R. Campbell, Executive Director, Texas Air 
Control Board.
    (B) Texas Air Control Board clarification letter dated July 5, 1993, 
from William R. Campbell, Executive Director, Texas Air Control Board, 
to A. Stanley Meiburg, Director, Air, Pesticides, and Toxics Division, 
EPA Region 6.
    (77) Revisions to Texas Air Control Board Regulation V (31 TAC 
Chapter 115), Control of Air Pollution from Volatile Organic Compounds, 
were submitted by the Governor on March 5, 1990, July 16, 1990, May 10, 
1991, and September 30, 1991.
    (i) Incorporation by reference.
    (A) Revisions to Texas Air Control Board Regulation V (31 TAC 
Chapter 115), Control of Air Pollution from Volatile Organic Compounds, 
as adopted by the Texas Air Control Board on December 8, 1989.
    (B) Revisions to Texas Air Control Board Regulation V (31 TAC 
Chapter 115), Control of Air Pollution from Volatile Organic Compounds, 
as adopted by the Texas Air Control Board on June 22, 1990: 
115.425(1)(D) and 115.425(1)(E).
    (C) Revisions to Texas Air Control Board Regulation V (31 TAC 
Chapter 115), Control of Air Pollution from Volatile Organic Compounds, 
as adopted by the Texas Air Control Board on May 10, 1991: 115.010--
Definitions for coating, coating line, leak, pounds of volatile organic 
compounds (VOC) per gallon of coating (minus water and exempt solvents), 
pounds of volatile organic compounds (VOC) per gallon of solids, 
printing line, volatile organic compound (VOC), 115.112(c), 115.114 
introductory paragraph, 115.114(3), 115.116(1), 115.116(3)(B) through 
115.116(3)(D), 115.119(a)(1), 115.119(a)(2), 115.122(a)(3), 
115.126(1)(B) through 115.126(1)(E), 115.129(a)(1), 115.129(a)(2), 
115.132(a)(4), 115.136, 115.139(a)(1), 115.139(a)(2), 115.212(a)(4), 
115.212(a)(5), 115.212(a)(6), 115.215(5), 115.216(2)(B) through 
115.216(2)(D), 115.219(a)(1) through 115.219(a)(3), 115.222(7) through 
115.222(9), 115.229(1), 115.229(2), 115.239, 115.315(2), 115.316(1)(A) 
through 115.316(1)(D), the repeal of 115.317, 115.319(1), 115.319(2), 
115.322(4), 115.324(1)(A), 115.324(1)(B), 115.324(2)(A) through 
115.324(2)(E), 115.325(2), 115.327(1) through 115.327(5), 115.329 
introductory paragraph, 115.329(1), 115.329(2) 115.332 introductory 
paragraph, 115.332(4), 115.334(1)(D), 115.334(1)(E), 115.334(2), 115.335 
introductory paragraph, 115.335(2), 115.336 introductory paragraph, 
115.337(1) through 115.337(5), 115.339, 115.342(4), 115.344(1)(D), 
115.344(1)(E), 115.344(2), 115.345(2), 115.347(1) through 115.347(6), 
115.349, 115.417(3) through 115.417(6), 115.419(1) through 115.419(3), 
115.421 introductory paragraph, 115.421(1)

[[Page 905]]

through 115.421(8)(B) introductory paragraph, 115.421(8)(C) through 
115.421(9)(A)(v), 115.421(9)(C), 115.422 introductory paragraph, 
115.422(1), 115.422(1)(A) through 115.422(1)(C), 115.422(2), 115.423(2) 
through 115.423(4), 115.424 introductory paragraph, 115.424(1) through 
115.424(3), 115.425(2), 115.425(3)(B)(i), 115.425(3)(B)(iii), 115.426 
introductory paragraph, 115.426(2), 115.426(2)(A)(ii) through 
115.426(2)(A)(iv), 115.426(3), 115.427(6), 115.427(6)(A), 115.427(6)(B), 
115.427(7), 115.429(1), 115.429(2)(A), 115.429(2)(B), 115.432 
introductory paragraph, 115.432(1), 115.432(1)(A) through 
115.432(1)(C)(iii), 115.432(2), 115.432(3), 115.435(5) through 
115.435(7), 115.436(3)(B) through 115.436(3)(D), 115.437(1), 115.437(2), 
115.439(1), 115.439(2), 115.512(3), 115.519, 115.532(5), 
115.536(2)(A)(ii) through 115.536(2)(A)(iv), 115.537(5), 115.537(6), 
115.539(1), 115.539(2).
    (D) Revisions to Texas Air Control Board Regulation V (31 TAC 
Chapter 115), Control of Air Pollution from Volatile Organic Compounds, 
as adopted by the Texas Air Control Board on September 20, 1991: 
115.010--Definitions for capture efficiency, capture system, carbon 
adsorber, carbon adsorption system, control device and control system, 
115.126(1), 115.129(a)(3), 115.136, 115.139(a)(2), 115.224(2), 
115.229(2), 115.422(2), 115.423(3), 115.425(4) through 
115.425(4)(C)(iii), 115.426(3), 115.426(4), 115.429(2)(C), 115.435 
introductory paragraph, 115.435(7) through 115.435(7)(C)(iii), 
115.435(8), 115.436(6), 115.439(2).
    (78) Revision to the Texas State Implementation Plan for Prevention 
of Significant Deterioration adopted by the Texas Air Control Board 
(TACB) on December 14, 1990, and submitted by the Governor on February 
18, 1991.
    (i) Incorporation by reference.
    (A) Revision to TACB Regulation VI (31 TAC Chapter 116)--Control of 
Air Pollution by Permits for New Construction or Modification: Section 
116.3(a)(13) as adopted by the TACB on December 14, 1990, and effective 
January 7, 1991.
    (B) TACB Board Order No. 90-13, as adopted on December 14, 1990.
    (79) A revision to the Texas SIP addressing moderate PM-10 
nonattainment area requirements for El Paso was submitted by the 
Governor of Texas by letter dated November 5, 1991. The SIP revision 
included, as per section 179B of the Clean Air Act, a modeling 
demonstration providing for timely attainment of thePM-10 National 
Ambient Air Quality Standards for El Paso but for emissions emanating 
from Mexico.
    (i) Incorporation by reference.
    (A) Revisions to Texas Air Control Board (TACB), Regulation I, 
Section 111.101, ``General Prohibition;'' Section 111.103, ``Exceptions 
to Prohibition of Outdoor Burning;'' Section 111.105, ``General 
Requirements for Allowable Outdoor Burning;'' Section 111.107, 
``Responsibility for Consequences of Outdoor Burning;'' Section 111.143, 
``Materials Handling;'' Section 111.145, ''Construction and 
Demolition,'' Subsections 111.145(1), 111.145(2); Section 111.147, 
``Roads, Streets, and Alleys,'' Subsections 111.147(1)(B), 
111.147(1)(C), 111.147(1)(D); and Section 111.149, ``Parking Lots,'' as 
adopted by the TACB on June 16, 1989.
    (B) TACB Order No. 89-03, as adopted by the TACB on June 16, 1989.
    (C) Revisions to TACB, Regulation I, Section 111.111, ``Requirements 
for Specified Sources,'' Subsection 111.111(c); Section 111.141, 
``Geographic Areas of Application and Date of Compliance;'' Section 
111.145, ``Construction and Demolition,'' Subsections 111.145(first 
paragraph), 111.145(3); and Section 111.147, ``Roads, Streets, and 
Alleys,'' Subsections 111.147(first paragraph), 111.147(1)(first 
paragraph), 111.147(1)(A), 111.147(1)(E), 111.147(1)(F), and 111.147(2), 
as adopted by the TACB on October 25, 1991.
    (D) TACB Order No. 91-15, as adopted by the TACB on October 25, 
1991.
    (E) City of El Paso, Texas, ordinance, Title 9 (Health and Safety), 
Chapter 9.38 (Woodburning), Section 9.38.010, ``Definitions;'' Section 
9.38.020, ``No-Burn Periods;'' Section 9.38.030, ``Notice Required;'' 
Section 9.38.040, ``Exemptions;'' Section 9.38.050, ``Rebuttable 
Presumption;'' and Section 9.38.060, ``Violation Penalty,'' as adopted 
by the City Council of the City of El Paso on December 11, 1990.
    (ii) Additional material.
    (A) November 5, 1991, narrative plan addressing the El Paso moderate 
PM-10

[[Page 906]]

nonattainment area, including emission inventory, modeling analyses, and 
control measures.
    (B) A Memorandum of Understanding between the TACB and the City of 
El Paso defining the actions required and the responsibilities of each 
party pursuant to the revisions to the Texas PM-10 SIP for El Paso, 
passed and approved on November 5, 1991.
    (C) TACB certification letter dated July 27, 1989, and signed by 
Allen Eli Bell, Executive Director, TACB.
    (D) TACB certification letter dated October 28, 1991, and signed by 
Steve Spaw, Executive Director, TACB.
    (E) El Paso PM-10 SIP narrative from pages 91-92 that reads as 
follows: ``* * * provided that adequate information becomes available, a 
contingency plan will be developed in conjunction with future El Paso 
PM-10 SIP revisions. It is anticipated that EPA, TACB, the City of El 
Paso, and SEDUE will continue a cooperative effort to study the PM-10 
air quality in the El Paso/Juarez air basin. Based on the availability 
of enhanced emissions and monitoring data, as well as more sophisticated 
modeling techniques (e.g., Urban Airshed Model), future studies will 
attempt to better define the relative contributions of El Paso and 
Juarez to the PM-10 problem in the basin. At that time, a contingency 
plan can more appropriately be developed in a cooperative effort with 
Mexico.''
    (80) A revision to the Texas State Implementation Plan to adopt an 
alternate control strategy for the surface coating processes at Lockheed 
Corporation of Fort Worth.
    (i) Incorporation by reference.
    (A) Texas Air Control Board Order Number 93-13 issued and effective 
June 18, 1993, for Lockheed Corporation, Fort Worth approving an 
Alternate Reasonably Available Control Technology (ARACT). A letter from 
the Governor of Texas dated August 19, 1993, submitting to the EPA the 
ARACT demonstration.
    (ii) Additional material-the document prepared by GD titled ``The 
Proposed Alternate Reasonably Available Control Technology Determination 
for U.S. Air Force Plant Number Four and Ancillary Facilities of General 
Dynamics'' dated September 16, 1991.
    (81) A revision to the Texas SIP to include revisions to Texas 
Regulation V, 31 TAC Sec. Sec. 115.241-115.249-Control of Vehicle 
Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing 
Facilities adopted by the State on October 16, 1992, effective November 
16, 1992, and submitted by the Governor by cover letter dated November 
13, 1992.
    (i) Incorporation by reference.
    (A) Revisions to Texas Regulation V, 31 TAC Sec. Sec. 115.241-
115.249-Control of Vehicle Refueling Emissions (Stage II) at Motor 
Vehicle Fuel Dispensing Facilities, effective November 16, 1992.
    (B) Texas Air Control Board Order No. 92-16, as adopted October 16, 
1992.
    (ii) Additional materials.
    (A) September 30, 1992, narrative plan addressing: general 
requirements, definitions, determination of regulated universe, 
certification of approved vapor recovery systems, training, public 
information, recordkeeping, requirements for equipment installation and 
testing, annual in-use above ground inspections, program penalties, 
resources, and benefits.
    (82) A revision to the Texas SIP to include a new Texas Natural 
Resource Conservation Commission, Part III, Chapter 101, General Rules, 
section 101.10, Emission Inventory Requirements. In a concurrent action, 
the TNRCC repealed the existing section 101.10 concerning filing of 
emissions data. The new rule and the repealing of the old rule was 
submitted to the EPA on October 15, 1992, by the Governor, as a proposed 
revision to the SIP.
    (i) Incorporation by reference.
    (A) TNRCC, Part III, Chapter 101, General Rules, section 101.10, 
Emission Inventory Requirements, as adopted by the TNRCC on August 20, 
1992.
    (B) TNRCC Order No. 92-20, as adopted by the TNRCC on August 20, 
1992.
    (ii) Additional material.
    (A) TNRCC certification letter dated October 8, 1992, and signed by 
William R. Campbell, Executive Director, TNRCC.
    (83) A revision to the Texas SIP to include an alternate particulate 
control plan for certain unpaved industrial roadways at the ASARCO 
copper smelter in El Paso, submitted by the Governor by cover letter 
dated March 30, 1994.

[[Page 907]]

    (i) Incorporation by reference.
    (A) Texas Natural Resource Conservation Commission Order No. 94-01, 
as adopted by the Texas Natural Resource Conservation Commission on 
March 9, 1994.
    (B) TNRCC Attachment 3 containing the Texas Air Control Board permit 
number 20345 for the ASARCO primary copper smelter in El Paso, Texas, 
issued May 11, 1992.
    (C) TNRCC Attachment 4 containing the June 8, 1993, letter from Mr. 
Troy W. Dalton, Texas Air Control Board (TACB), to Mr. Thomas Diggs, 
U.S. EPA Region 6, addressing the ASARCO Inc. (El Paso) waiver request 
from TACB Regulation I, Section 111.147(1)(A), including the enclosure 
entitled ``Waiver Provisions to Texas Air Control Board Regulation 
111.147(1)(A) for ASARCO, Incorporated, El Paso Account No. EE-0007-G.''
    (ii) Additional material.
    (A) March 9, 1994, SIP narrative addressing the alternate 
particulate control plan (in lieu of paving) for certain unpaved 
industrial roadways at the ASARCO copper smelter in El Paso.
    (84) A revision to the Texas SIP for the El Paso moderate carbon 
monoxide nonattainment area which has a design value less than 12.7 
parts per million was submitted by the Governor of Texas to meet the 
November 15, 1992, CAA deadline. The elements in this incorporation 
include the general SIP revision and the oxygenated fuels regulations 
submitted to the EPA on October 23, 1992, and the completed emissions 
inventory submitted to the EPA on November 17, 1992.
    (i) Incorporation by reference.
    (A) Addition of a new Section 114.13, ``Oxygenated Fuels'' to the 
Texas Air Control Board (TACB), Regulation IV.
    (B) TACB Board Order Number 92-15, as adopted by the TACB on 
September 18, 1992.
    (C) SIP narrative plan entitled ``Revisions to the State 
Implementation Plan (SIP) for Carbon Monoxide (CO), 1992 CO SIP for 
Moderate Area--El Paso,'' adopted by the Texas Air Control Board 
September 18, 1992, addressing: 3. 1992 CO SIP Revisions for Moderate 
Area El Paso (new.) e. Attainment Demonstration, pages 9-10; f. 
Oxygenated Fuels 3) Administrative Requirements, page 13, b) Clerical 
Reviews, page 15, c) Field Inspections, page 15; and e) enforcement (i)-
(iv), pages 17-19.
    (ii) Additional material.
    (A) SIP narrative plan entitled ``Revisions to the State 
Implementation Plan (SIP) for Carbon Monoxide (CO), 1992 CO SIP for 
Moderate Area--El Paso,'' adopted by the Texas Air Control Board 
September 18, 1992.
    (B) Governor of Texas submittal of November 13, 1992, regarding the 
El Paso CO emissions inventory.
    (C) The TACB certification letter dated October 1, 1992, and signed 
by William R. Campbell, Executive Director, TACB.
    (85) The State is required to implement a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program 
(PROGRAM) as specified in the plan revision submitted by the Governor on 
November 13, 1992. This plan submittal, as adopted by the Texas Air 
Control Board (TACB) on November 6, 1992, was developed in accordance 
with section 507 of the Clean Air Act (CAA).
    (i) Incorporation by reference.
    (A) Texas Clean Air Act (TCAA), TEXAS HEALTH AND SAFETY CODE ANN. 
(Vernon 1992), Sec. 382.0365, ``Small Business Stationary Source 
Assistance Program'', enacted by the Texas 1991 legislative session and 
effective September 1, 1991. Included in TCAA, Sec. 382.0365, are 
provisions establishing a small business assistance program (SBAP), an 
Ombudsman, and a Compliance Advisory Panel (CAP); establishing 
membership of the CAP; and addressing the responsibilities and duties of 
the SBAP, Ombudsman, and the CAP.
    (B) TACB Order No. 92-22, as adopted by the TACB on November 6, 
1992.
    (C) Appendix C, ``Schedule of Implementation'', appended to the 
narrative SIP Revision entitled, ``Revisions to the State Implementation 
Plan for the Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program, Texas Air Control Board; 
November 1992''.
    (ii) Additional material.

[[Page 908]]

    (A) Narrative SIP Revision entitled, ``Revisions to the State 
Implementation Plan for the Small Business Stationary Source Technical 
and Environmental Compliance Assistance Program, Texas Air Control 
Board; November 1992''.
    (B) TACB certification letter dated November 10, 1992, and signed by 
William R. Campbell, Executive Director, TACB.
    (C) Legal opinion letter dated October 15, 1992 from Kirk P. Watson, 
Chairman, TACB, to Mr. B.J. Wynne, III, Regional Administrator, EPA 
Region 6, regarding the composition of the Small Business Compliance 
Advisory Panel for Texas.
    (86) [Reserved]
    (87) A revision to the Texas SIP to include revisions to Texas 
Regulation IV, 31 TAC Sec. 114.3--Vehicle Emissions Inspection and 
Maintenance Program, adopted by the State on November 10, 1993, and 
February 16, 1994, regulations effective December 8, 1993, and revisions 
to Texas Department of Transportation, Chapter 17. Vehicle Titles and 
Registration--Vehicle Emissions Verification System, 43 TAC Sec. 17.80, 
adopted by the State on October 28, 1993, effective November 22, 1993, 
and submitted by the Governor by cover letters dated November 12, 1993 
and March 9, 1994.
    (i) Incorporation by reference.
    (A) House Bill 1969 an act relating to motor vehicle registration, 
inspections and providing penalties amending:
    (1) Sections 382.037 and 382.038 of the Texas Health and Safety 
Code;
    (2) Section 2 Chapter 88, General Laws, Acts of the 41st 
Legislature, 2nd Called Session, 1929 (Article 6675a-2, Vernon's Texas 
Civil Statutes);
    (3) Title 116, Articles 6675b-4, 6675b-4A, and 6675b-4B;
    (4) Section 141(d), and section 142(h), Uniform Act Regulating 
Traffic on Highways (Article 6701d, Vernon's Civil Statutes);
    (5) Section 4.202, County Road and Bridge Act (Article 6702-1, 
Vernon's Texas Civil Statutes) signed by the Governor on June 8, 1993, 
and effective August 30, 1993.
    (B) Texas Health and Safety Code (Vernon 1990), the Texas Clean Air 
Act, sections 382.017, 382.037, 382.038, and 382.039 effective September 
1, 1991.
    (C) Revisions to Texas Regulation IV, 31 TAC Sec. 114.3--Vehicle 
Emissions Inspection and Maintenance Program, effective December 8, 
1993.
    (D) Order No. 93-23, as adopted November 10, 1993, and Order No. 94-
02 as adopted February 16, 1994.
    (E) Texas Civil Statutes, Articles 6675a-1 to 6675b-2 and 6687-1. 
(Vernon 1993).
    (F) Revisions to Texas Department of Transportation, Chapter 17. 
Vehicle Titles and Registration--Vehicle Emissions Verification System, 
43 TAC Sec. 17.80, effective November 22, 1993.
    (ii) Additional materials.
    (A) SIP narrative plan entitled ``Revisions to the State 
Implementation Plan (SIP) for the Control of Ozone Air Pollution--
Inspection/Maintenance SIP for Dallas/Fort Worth, El Paso, Beaumont/Port 
Arthur, and Houston/Galveston Ozone Nonattainment Areas,'' submitted to 
the EPA on November 12, 1993, and on March 9, 1994 addressing by 
section: 8(a)(1) Applicability, 8(a)(2) Adequate Tools and Resources, 
8(a)(3)
I/M Performance Standards, 8(a)(4) Network Type and Program Evaluation, 
8(a)(5) Test Frequency and Convenience, 8(a)(6) Vehicle coverage, 
8(a)(7) Test Procedures and Standards and Test Equipment, 8(a)(8) 
Quality Control, 8(a)(9) Quality Assurance, 8(a)(10) Waivers and 
Compliance Via Diagnostic Inspection, 8(a)(11) Motorist Compliance 
Enforcement, 8(a)(12) Motorist Compliance Enforcement Program Oversight, 
8(a)(13) Enforcement Against Contractors, Stations and Inspectors, 
8(a)(14) Compliance with Recall Notices, 8(a)(15) Data Collection, 
8(a)(16) Data Analysis and Reporting, 8(a)(17) Inspector Training and 
Licensing or Certification, 8(a)(18) Public Information, 8(a)(19) 
Consumer Protection Provisions, 8(a)(20) Improving Repair Effectiveness, 
8(a)(21) On-Road Testing, 8(a)(22) State Implementation Plan Submission 
and Appendices.
    (B) Letter dated May 4, 1994, from John Hall, Chairman of the Texas 
Natural Resource Conservation Commission to the EPA, clarifying the 
State's intent regarding its Executive Director's exemption policy and 
repair effectiveness program.

[[Page 909]]

    (88) Revisions to the Texas State Implementation Plan, submitted to 
EPA on June 8 and November 13, 1992, respectively. These revisions adopt 
expansion of applicability for Reasonably Available Control Technology 
(RACT) rules for volatile organic compounds (VOCs) to ensure that all 
major VOC sources are covered by RACT, to revise the major source 
definition, and to revise certain monitoring, recordkeeping, and 
reporting requirements for Victoria County, Texas.
    (i) Incorporation by reference.
    (A) Texas Air Control Board Order No. 92-04, as adopted on May 8, 
1992.
    (B) Revisions to the General Rules, as adopted by the Board on May 
8, 1992, section 101.1--New definitions for capture efficiency, capture 
system, carbon adsorber, carbon adsorption system, coating, coating 
line, control device, control system, pounds of volatile organic 
compounds (VOC) per gallon of coating (minus water and exempt solvents), 
pounds of volatile organic compounds (VOC) per gallon of solids, 
printing line; revised definitions for component, exempt solvent, leak, 
vapor recovery system, volatile organic compound (VOC).
    (C) Revisions to Regulation V, as adopted by the Board on May 8, 
1992, sections 115.010 (Definitions)--Beaumont/Port Arthur area, Dallas/
Fort Worth area, El Paso area, Houston/Galveston area; revised 
definition for delivery vessel/tank truck tank; 115.112(a), 
115.112(a)(3), 115.112(b)(1), 115.112(b)(2), 115.112(b)(2)(A) through 
115.112(b)(2)(D), 115.112(b)(2)(E), 115.112(b)(2)(F), 115.112(c), 
115.112(c)(3)(A), 115.112(c)(3)(B), 115.113(a) through 115.113(c), 
115.114(a), 115.114(b), 115.114(b)(1), 115.114(b)(2), 115.115(a), 
115.115(b), 115.115(b)(1) through 115.115(b)(8), 115.116(a), 
115.116(a)(4), 115.116(b), 115.116(b)(1) through 115.116(b)(4), 
115.117(a), 115.117(b), 115.117(b)(1) through 115.117(b)(6), 
115.117(b)(6)(A) through 115.117(b)(6)(C), 115.117(b)(7), 
115.117(b)(7)(A) through 115.117(b)(7)(C), 115.117(c), 115.117(c)(1) 
through 115.117(c)(4), 115.119 introductory paragraph, 115.121(a), 
115.121(a)(1), 115.121(a)(1)(C), 115.121(a)(2), 115.121(a)(3), 
115.121(b), 115.121(b)(1) through 115.121(b)(3), 115.121(c), 
115.121(c)(1), 115.121(c)(2) through 115.121(c)(4), 115.122(a), 
115.122(b), 115.122(c), 115.122(c)(1) through 115.122(c)(4), 115.123(a) 
through 115.123(c), 115.125(a), 115.125(a)(2), 115.125(b), 115.125(b)(1) 
through 115.125(b)(7), 115.126 introductory paragraph, 115.127(a), 
115.127(a)(2), 115.127(a)(3), 115.127(a)(3)(B), 115.127(a)(3)(C), 
115.127(a)(4), 115.127(a)(4)(C), 115.127(b), 115.127(b)(1), 
115.127(b)(2), 115.127(b)(2)(A) through 115.127(b)(2)(B), 115.127(c), 
115.127(c)(1), 115.127(c)(2), 115.127(c)(2)(A) through 115.127(c)(2)(C), 
115.129 introductory paragraph, 115.129(1) through 115.129(3), 
115.131(a), 115.131(a)(2) through 115.131(a)(4), 115.131(b) through 
115.131(c), 115.132(a), 115.132(b), 115.132(b)(1) through 115.132(b)(3), 
115.132(c), 115.132(c)(3), 115.133(a) through 115.133(c), 115.135(a), 
115.135(b), 115.135(b)(1) through 115.135(b)(6), 115.136(a), 
115.136(a)(1), 115.136(a)(2), 115.136(a)(2)(A) through 115.136(a)(2)(D), 
115.136(a)(3), 115.136(a)(4), 115.136(b), 115.137(a), 115.137(a)(1) 
through 115.137(a)(4), 115.137(b), 115.137(b)(1) through 115.137(b)(4), 
115.137(c), 115.137(c)(1) through 115.137(c)(3), 115.139 introductory 
paragraph, 115.139(1), 115.139(2), 115.211 introductory paragraph, 
115.211(1)(A), 115.211(1)(B), 115.211(2), 115.212(a), 115.212(a)(4), 
115.212(a)(5), 115.212(b), 115.212(b)(1), 115.212(b)(2), 
115.212(b)(2)(A), 115.212(b)(2)(B), 115.212(b)(3), 115.212(b)(3)(A) 
through 115.212(b)(3)(C), 115.212(c), 115.212(c)(1), 115.213(a) through 
115.213(c), 115.214(a), 115.214(a)(3), 115.214(a)(4), 115.214(b), 
115.214(b)(1), 115.214(b)(2), 115.215(a), 115.215(b), 115.215(b)(1) 
through 115.215(b)(8), 115.216 introductory paragraph, 115.216(4), 
115.217(a), 115.217(a)(2) through 115.217(a)(4), 115.217(b), 
115.217(b)(1) through 115.217(b)(3), 115.217(c), 115.217(c)(3), 115.219 
introductory paragraph, 115.219(1) through 115.219(6), 115.221 
introductory paragraph, 115.222 introductory paragraph, 115.222(6), 
115.223 introductory paragraph, 115.224 introductory paragraph, 
115.224(2), 115.225 introductory paragraph, 115.226 introductory 
paragraph, 115.227 introductory paragraph, 115.229 introductory 
paragraph, 115.234 introductory paragraph, 115.235 introductory

[[Page 910]]

paragraph, 115.236 introductory paragraph, 115.239 introductory 
paragraph, 115.311(a), 115.311(a)(1), 115.311(a)(2), 115.311(b), 
115.311(b)(1), 115.311(b)(2), 115.312(a), 115.312(a)(2), 115.312(b), 
115.312(b)(1), 115.312(b)(1)(A), 115.312(b)(1)(B), 115.312(b)(2), 
115.313(a) through 115.313(b), 115.315(a), 115.315(b), 115.315(b)(1) 
through 115.315(b)(7), 115.316 introductory paragraph, 115.316(1), 
115.316(2), 115.316(3), 115.317 introductory paragraph, 115.319 
introductory paragraph, 115.319(1), 115.319(2), 115.322(a), 115.322(b), 
115.322(b)(1) through 115.322(b)(5), 115.323(a), 115.323(a)(2), 
115.323(b), 115.323(b)(1), 115.323(b)(2), 115.324(a), 115.324(a)(4), 
115.324(b), 115.324(b)(1), 115.324(b)(1)(A) through 115.324(b)(1)(D), 
115.324(b)(2), 115.324(b)(2)(A) through 115.324(b)(2)(C), 115.324(b)(3) 
through 115.324(b)(8), 115.324(b)(8)(A), 115.324(b)(8)(A)(i), 
115.324(b)(8)(A)(ii), 115.324(b)(8)(B), 115.325(a), 115.325(b), 
115.325(b)(1) through 115.325(b)(3), 115.326(a), 115.326(a)(2), 
115.326(b), 115.326(b)(1), 115.326(b)(2), 115.326(b)(2)(A) through 
115.326(b)(2)(I), 115.326(b)(3), 115.326(b)(4), 115.327(a), 
115.327(a)(2), 115.327(a)(4), 115.327(a)(5), 115.327(b), 115.327(b)(1), 
115.327(b)(1)(A) through 115.327(b)(1)(C), 115.327(b)(2) through 
115.327(b)(6), 115.329 introductory paragraph, 115.332 introductory 
paragraph, 115.333 introductory paragraph, 115.334 introductory 
paragraph, 115.334(3), 115.334(3)(A), 115.335 introductory paragraph, 
115.336 introductory paragraph, 115.337 introductory paragraph, 
115.337(2) through 115.337(4), 115.337(4)(E), 115.339 introductory 
paragraph, 115.342 introductory paragraph, 115.343 introductory 
paragraph, 115.344 introductory paragraph, 115.345 introductory 
paragraph, 115.346 introductory paragraph, 115.347 introductory 
paragraph, 115.347(3), 115.349 introductory paragraph, 115.412(a), 
115.412(a)(1)(F)(iv), 115.412(a)(3)(I), 115.412(a)(3)(I)(viii), 
115.412(b), 115.412(b)(1), 115.412(b)(1)(A), 115.412(b)(1)(A)(i) through 
115.412(b)(1)(A)(iii), 115.412(b)(1)(B) through 115.412(b)(1)(F), 
115.412(b)(1)(F)(i) through 115.412(b)(1)(F)(iv), 115.412(b)(2), 
115.412(b)(2)(A), 115.412(b)(2)(B), 115.412(b)(2)(B)(i) through 
115.412(b)(2)(B)(iii), 115.412(b)(2)(C), 115.412(b)(2)(D), 
115.412(b)(2)(D)(i) through 115.412(b)(2)(D)(iv), 115.412(b)(2)(E), 
115.412(b)(2)(F), 115.412(b)(2)(F)(i) through 115.412(b)(2)(F)(xiii), 
115.412(b)(3), 115.412(b)(3)(A), 115.412(b)(3)(A)(i), 
115.412(b)(3)(A)(ii), 115.412(b)(3)(B) through 115.412(b)(3)(I), 
115.412(b)(3)(I)(i) through 115.412(b)(3)(I)(viii), 115.413(a), 
115.413(a)(1), 115.413(a)(2), 115.413(b), 115.413(b)(1), 115.413(b)(2), 
115.415(a), 115.415(a)(1), 115.415(a)(2), 115.415(b), 115.415(b)(1), 
115.415(b)(1)(A), 115.415(b)(1)(B), 115.415(b)(2), 115.415(b)(2)(A) 
through 115.415(b)(2)(E), 115.416(a), 115.416(b), 115.416(b)(1), 
115.416(b)(2), 115.417(a), 115.417(a)(1) through 115.417(a)(6), 
115.417(b), 115.417(b)(1) through 115.417(b)(6), 115.419(a) through 
115.419(b), 115.421(a), 115.421(a)(8), 115.421(a)(8)(A), 
115.421(a)(8)(B), 115.421(a)(8)(C), 115.421(a)(9), 115.421(a)(9)(v), 
115.421(a)(11), 115.421(b), 115.421(b)(1) through 115.421(b)(9), 
115.421(b)(9)(A), 115.421(b)(9)(A)(i) through 115.421(b)(9)(A)(iv), 
115.421(b)(9)(B), 115.421(b)(9)(C), 115.421(b)(10), 115.422(a), 
115.422(a)(1), 115.422(a)(2), 115.423(a), 115.423(a)(3), 115.423(a)(4), 
115.423(b), 115.423(b)(1) through 115.423(b)(4), 115.424(a), 
115.424(a)(1) through 115.424(a)(3), 115.424(a)(2), 115.424(b), 
115.424(b)(1), 115.424(b)(2), 115.425(a), 115.425(a)(1), 115.425(a)(2), 
115.425(a)(3), 115.425(a)(3)(B), 115.425(a)(4)(C)(ii), 115.425(b), 
115.424(b)(1), 115.424(b)(1)(A) through 115.425(b)(1)(E), 115.425(b)(2), 
115.424(b)(2)(A) through 115.425(b)(2)(E), 115.426(a), 115.426(a)(1), 
115.426(a)(1)(C), 115.426(a)(2), 115.426(a)(2)(B), 115.426(a)(3), 
115.426(a)(4), 115.426(b), 115.426(b)(1), 115.426(b)(1)(A) through 
115.426(b)(1)(D), 115.426(b)(2), 115.426(b)(2)(A), 115.426(b)(2)(A)(i) 
through 115.426(b)(2)(A)(iv), 115.426(b)(2)(B), 115.426(b)(2)(C), 
115.426(b)(3), 115.427(a), 115.427(a)(1), 115.427(a)(2), 
115.427(a)(2)(A), 115.427(a)(2)(B), 115.427(a)(3), 115.427(a)(4), 
115.427(a)(5), 115.427(a)(5)(A), 115.427(a)(5)(B), 115.426(a)(6), 
115.427(b), 115.427(b)(1), 115.427(b)(2), 115.427(b)(2)(A) through 
115.427(b)(2)(E), 115.427(b)(3), 115.427(b)(3)(A) through 
115.427(b)(3)(C), 115.429(a) through 115.429(c), 115.432(a), 
115.432(a)(2), 115.432(a)(3), 115.432(b), 115.432(b)(1) through 
115.432(b)(3), 115.432(b)(3)(A) through 115.432(b)(3)(C),

[[Page 911]]

115.433(a), 115.433(b), 115.435(a), 115.435(a)(6), 115.435(a)(7), 
115.435(a)(7)(C)(ii), 115.435(a)(8), 115.435(b), 115.435(b)(1) through 
115.435(b)(7), 115.436(a), 115.436(a)(1), 115.436(a)(2), 114.436(a)(4) 
through 115.436(a)(6), 115.436(b), 115.436(b)(1) through 115.436(b)(3), 
115.436(b)(3)(A) through 115.436(b)(3)(C), 115.436(b)(4), 115.436(b)(5), 
115.437(a), 115.437(a)(1) through 115.437(a)(4), 115.437(b), 115.439(a) 
through 115.439(c), 115.512 introductory paragraph, 115.512 (1) through 
115.512(3), 115.513 introductory paragraph, 115.515 introductory 
paragraph, 115.516 introductory paragraph, 115.517 introductory 
paragraph, 115.519(a) through 115.519(b), 115.531(a), 115.531(a)(2), 
115.531(a)(3), 115.531(b), 115.531(b)(1) through 115.531(b)(3), 
115.532(a), 115.532(a)(4), 115.532(a)(5), 115.532(b), 115.532(b)(1)(A), 
115.532(b)(1)(B), 115.532(b)(2), 115.532(b)(3), 115.532(b)(3)(A), 
115.532(b)(3)(B), 115.532(b)(4), 115.533(a), 115.533(b), 115.534(a), 
115.534(b), 115.534(b)(1), 115.534(b)(2), 115.535(a), 115.535(b), 
115.535(b)(1) through 115.535(b)(6), 115.536(a), 115.536(a)(1), 
115.536(a)(2), 115.536(a)(3), 115.536(a)(4), 115.536(b), 115.536(b)(1), 
115.536(b)(2), 115.536(b)(2)(A), 115.536(b)(2)(A)(i) through 
115.536(b)(2)(A)(iii), 115.536(b)(2)(B), 115.536(b)(3), 
115.536(b)(3)(A), 115.536(b)(3)(B), 115.536(b)(4), 115.536(b)(5), 
115.537(a), 115.537(a)(1) through 115.537(a)(7), 115.537(b), 
115.537(b)(1) through 115.537(b)(5), 115.539(a), 115.539(b), 115.612 
introductory paragraph, 115.613 introductory paragraph, 115.614 
introductory paragraph, 115.615 introductory paragraph, 115.615(1), 
115.617 introductory paragraph, 115.617(1), 115.619 introductory 
paragraph.
    (D) Texas Air Control Board Order No. 92-16, as adopted on October 
16, 1992.
    (E) Revisions to the General Rules, as adopted by the Board on 
October 16, section 101.1: Introductory paragraph, new definition for 
extreme performance coating; revised definitions for gasoline bulk 
plant, paragraph vii of miscellaneous metal parts and products coating, 
mirror backing coating, volatile organic compound.
    (F) Revisions to Regulation V, as adopted by the Board on October 
16, 1992, sections 115.010--new definition for extreme performance 
coating; revised definitions for gasoline bulk plant, paragraph vii of 
miscellaneous metal parts and products coating, mirror backing coating, 
and volatile organic compound; 115.116 title (Monitoring and 
Recordkeeping Requirements), 115.116(a)(2), 115.116(a)(3), 
115.116(a)(3)(A) through 115.116(a)(3)(C), 115.116(a)(5), 115.116(b)(2), 
115.116(b)(3), 115.116(b)(3)(A) through 115.116(b)(3)(D), 115.116(b)(4), 
115.116(b)(5), 115.119(a), 115.119(b), 115.126 title (Monitoring and 
Recordkeeping Requirements), 115.126(a), 115.126(a)(1)(A), 
115.126(a)(1)(C), 115.126(a)(1)(E), 115.126(b), 115.126(b)(1), 
115.126(b)(1)(A) through 115.126(b)(1)(E), 115.126(b)(2), 
115.126(b)(2)(A) through 115.126(b)(2)(D), 115.126(b)(3), 
115.126(b)(3)(A), 115.126(b)(3)(B), 115.127(a)(4)(A) through 
115.127(a)(4)(C), 115.129(a), 115.129(a)(1), 115.129(b), 115.136 title 
(Monitoring and Recordkeeping Requirements), 115.136(a)(4), 115.136(b), 
115.136(b)(1), 115.136(b)(2), 115.136(b)(2)(A) through 115.136(b)(2)(D), 
115.136(b)(3), 115.136(b)(4), 115.139(a), 115.139(b), 115.211(a), 
115.211(b), 115.215(a), 115.215(b), 115.216 title (Monitoring and 
Recordkeeping Requirements), 115.216(a), 115.216(a)(2)(A) through 
115.216(a)(2)(C), 115.216(a)(5), 115.216(b), 115.216(b)(1), 
115.216(b)(2), 115.216(b)(2)(A) through 115.216(b)(2)(D), 115.216(b)(3), 
115.216(b)(3)(A), 115.216(b)(3)(B), 115.216(b)(4), 115.217(a)(6), 
115.219(a)(1) through 115.219(a)(4), 115.219(b), 115.316 title 
(Monitoring and Recordkeeping Requirements), 115.316(a), 
115.316(a)(1)(A), 115.316(a)(1)(C), 115.316(a)(4), 115.316(b), 
115.316(b)(1), 115.316(b)(1)(A) through 115.316(b)(1)(D), 115.316(b)(2), 
115.316(b)(2)(A) through 115.316(b)(2)(C), 115.316(b)(3), 115.316(b)(4), 
115.319(a)(1), 115.319(a)(2), 115.319(b), 115.421(a), 115.421(a)(12), 
115.421(a)(12)(A), 115.421(a)(12)(A)(i), 115.421(a)(12)(A)(ii), 
115.421(a)(12)(B), 115.425(a)(4)(C)(ii), 115.426 title (Monitoring and 
Recordkeeping Requirements), 115.426(a)(2), 115.426(a)(2)(A)(i), 
115.426(b)(2), 115.426(b)(2)(i), 115.427(a)(5)(C), 115.427(a)(6), 
115.427(a)(6)(A) through 115.427(a)(6)(C), 115.427(a)(7), 115.429(d), 
115.436 title (Monitoring and Recordkeeping Requirements), 
115.436(a)(3),

[[Page 912]]

115.436(a)(3)(C), 115.436(b), 115.436(b)(3), 115.436(b)(3)(B) through 
115.436(b)(3)(D), 115.439(d), 115.536 title (Monitoring and 
Recordkeeping Requirements), 115.536(a)(1), 115.536(a)(2), 
115.536(a)(2)(A), 115.536(a)(2)(A)(ii), 115.536(a)(5), 115.536(b)(1), 
115.536(b)(2), 115.536(b)(2)(A), 115.536(b)(2)(A)(ii) through 
115.536(b)(2)(A)(iv), 115.539(c).
    (89) A revision to the Texas State Implementation Plan to adopt an 
attainment demonstration control strategy for lead which addresses that 
portion of Collin County owned by GNB.
    (i) Incorporation by reference.
    (A) Texas Air Control Board Order Number 92-09 issued and effective 
October 16, 1992, for settlement of the enforcement action against the 
GNB facility at Frisco, Texas.
    (B) Texas Air Control Board Order Number 93-10 issued and effective 
June 18, 1993, for control of lead emissions from the GNB facility at 
Frisco, Texas.
    (C) Texas Air Control Board Order Number 93-12 issued and effective 
June 18, 1993, establishing contingency measures relating to the GNB 
facility at Frisco, Texas.
    (ii) Additional material.
    (A) The lead attainment demonstration prepared by the State, dated 
July 1993.
    (90) A revision to the Texas SIP regarding ozone monitoring. The 
State of Texas will modify its SLAMS and its NAMS monitoring systems to 
include a PAMS network design and establish monitoring sites. The 
State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
    (i) Incorporation by reference.
    (A) TNRCC Order Number 93-24 as adopted by the TNRCC November 10, 
1993.
    (B) SIP narrative plan entitled ``Revisions to the State 
Implementation Plan (SIP) for the Control of Ozone Air Pollution'' 
adopted by the TNRCC on November 10, 1993, addressing: 1993 Rate-of-
Progress SIP for Dallas/Fort Worth, El Paso, Beaumont/Port Arthur and 
Houston/Galveston Ozone Nonattainment Areas, Section VI: Control 
Strategy, B. Ozone Control Strategy, 7. SIP Revisions for 1993 Rate-of-
Progress (new.), a. Ozone Control Plan, 1) General, f) Photochemical 
Assessment Monitoring Stations, page 87, second paragraph, first 
sentence; third paragraph; fourth paragraph; and, the fifth paragraph 
which ends on page 88; page 88, first complete paragraph, including 
numbers (1), (2) and (3).
    (ii) Additional material.
    (A) The Texas SIP revision narrative regarding PAMS.
    (B) TNRCC certification letter dated November 10, 1993, and signed 
by Gloria A. Vasquez, Chief Clerk, TNRCC.
    (91) Revisions to the TNRCC Regulation IV, concerning the Employer 
Trip Reduction program, were submitted by the Governor on November 13, 
1992.
    (i) Incorporation by reference.
    (A) Revisions to the TNRCC Regulation IV (31 TAC Sec. 114.21, 
Employer Trip Reduction Program), as adopted by the TACB on October 16, 
1992.
    (B) TACB Order 92-14 as adopted on October 16, 1992.
    (C) SIP narrative entitled, ``Employer Trip Reduction Program, 
Houston-Galveston Area,'' adopted by the TACB on October 16, 1992, pages 
31-38, addressing: 8.c. Quality Assurance Measures; 9. Training and 
Information Assistance; 11. Enforcement; and 12. Notification of 
Employers.
    (ii) Additional material.
    (A) SIP narrative entitled, ``Employer Trip Reduction Program, 
Houston-Galveston Area,'' adopted by the TACB on October 16, 1992.
    (B) The TACB certification letter dated November 10, 1992, signed by 
William R. Campbell, Executive Director, TACB.
    (92)[Reserved]
    (93) A revision to the Texas State Implementation Plan (SIP) to 
include agreed orders limiting sulfur dioxide (SO2) allowable 
emissions at certain nonpermitted facilities in Harris County, and to 
include a modeling demonstration showing attainment of the SO2 
National Ambient Air Quality Standards, was submitted by the Governor by 
cover letter dated August 3, 1994.
    (i) Incorporation by reference.
    (A) Texas Natural Resource Conservation Commission (TNRCC) Order No. 
94-09, as adopted by the TNRCC on June 29, 1994.
    (B) TNRCC Order No. 94-10 for Anchor Glass Container, as adopted by 
the TNRCC on June 29, 1994.

[[Page 913]]

    (C) TNRCC Order No. 94-11 for Crown Central Petroleum Corporation, 
as adopted by the TNRCC on June 29, 1994.
    (D) TNRCC Order No. 94-12 for Elf Atochem North America, Inc., as 
adopted by the TNRCC on June 29, 1994.
    (E) TNRCC Order No. 94-13 for Exxon Company USA, as adopted by the 
TNRCC on June 29, 1994.
    (F) TNRCC Order No. 94-14 for ISK Biosciences Corporation, as 
adopted by the TNRCC on June 29, 1994.
    (G) TNRCC Order No. 94-15 for Lyondell Citgo Refining Company, LTD., 
as adopted by the TNRCC on June 29, 1994.
    (H) TNRCC Order No. 94-16 for Lyondell Petrochemical Company, as 
adopted by the TNRCC on June 29, 1994.
    (I) TNRCC Order No. 94-17 for Merichem Company, as adopted by the 
TNRCC on June 29, 1994.
    (J) TNRCC Order No. 94-18 for Mobil Mining and Minerals Company, as 
adopted by the TNRCC on June 29, 1994.
    (K) TNRCC Order No. 94-19 for Phibro Energy USA, Inc., as adopted by 
the TNRCC on June 29, 1994.
    (L) TNRCC Order No. 94-20 for Shell Chemical and Shell Oil, as 
adopted by the TNRCC on June 29, 1994.
    (M) TNRCC Order No. 94-21 for Shell Oil Company, as adopted by the 
TNRCC on June 29, 1994.
    (N) TNRCC Order No. 94-22 for Simpson Pasadena Paper Company, as 
adopted by the TNRCC on June 29, 1994.
    (ii) Additional material.
    (A) May 27, 1994, letter from Mr. Norman D. Radford, Jr. to the 
TNRCC and the EPA Region 6 requesting approval of an equivalent method 
of monitoring sulfur in fuel and an equivalent method of determining 
compliance.
    (B) June 28, 1994, letter from Anthony C. Grigsby, Executive 
Director, TNRCC, to Crown Central Petroleum Corporation, approving an 
alternate monitoring and compliance demonstration method.
    (C) June 28, 1994, letter from Anthony C. Grigsby, Executive 
Director, TNRCC, to Exxon Company USA, approving an alternate monitoring 
and compliance demonstration method.
    (D) June 28, 1994, letter from Anthony C. Grigsby, Executive 
Director, TNRCC, to Lyondell Citgo Refining Co., LTD., approving an 
alternate monitoring and compliance demonstration method.
    (E) June 28, 1994, letter from Anthony C. Grigsby, Executive 
Director, TNRCC, to Phibro Energy, USA, Inc., approving an alternate 
monitoring and compliance demonstration method.
    (F) June 28, 1994, letter from Anthony C. Grigsby, Executive 
Director, TNRCC, to Shell Oil Company, approving an alternate monitoring 
and compliance demonstration method.
    (G) June 8, 1994, letter from Mr. S. E. Pierce, Mobil Mining and 
Minerals Company, to the TNRCC requesting approval of an alternative 
quality assurance program.
    (H) June 28, 1994, letter from Anthony C. Grigsby, Executive 
Director, TNRCC, to Mobil Mining and Minerals Company, approving an 
alternative quality assurance program.
    (I) August 3, 1994, narrative plan addressing the Harris County 
Agreed Orders for SO2, including emission inventories and modeling 
analyses (i.e. the April 16, 1993, report entitled ``Evaluation of 
Potential 24-hour SO2 Nonattainment Area in Harris County, Texas-
Phase II'' and the June, 1994, addendum).
    (J) TNRCC certification letter dated June 29, 1994, and signed by 
Gloria Vasquez, Chief Clerk, TNRCC.
    (94) Revisions to the Texas SIP addressing visible emissions 
requirements were submitted by the Governor of Texas by letters dated 
August 21, 1989, January 29, 1991, October 15, 1992 and August 4, 1993.
    (i) Incorporation by reference.
    (A) Revisions to Texas Air Control Board (TACB), Regulation I, 
Section 111.111, ``Requirements for Specified Sources;'' Subsection 
111.111(a) (first paragraph) under ``Visible Emissions;'' Subsections 
111.111(a)(1) (first paragraph), 111.111(a)(1)(A), 111.111(a)(1)(B) and 
111.111(a)(1)(E) under ``Stationary Vents;'' Subsection 111.111(b) 
(first paragraph) under ``Compliance Determination Exclusions;'' and 
Subsections 111.113 (first paragraph), 111.113(1), 111.113(2), and 
111.113(3) under ``Alternate Opacity Limitations,'' as adopted by the 
TACB on June 16, 1989.
    (B) TACB Board Order No. 89-03, as adopted by the TACB on June 16, 
1989.

[[Page 914]]

    (C) Revisions to Texas Air Control Board (TACB), Regulation I, 
Section 111.111, ``Requirements for Specified Sources;'' Subsections 
111.111(a)(4)(A) and 111.111(a)(4)(B)(i) under ``Railroad Locomotives or 
Ships;'' Subsections 111.111(a)(5)(A) and 111.111(a)(5)(B)(i) under 
``Structures;'' and Subsections 111.111(a)(6)(A) and 111.111(a)(6)(B)(i) 
under ``Other Sources,'' as adopted by the TACB on October 12, 1990.
    (D) TACB Board Order No. 90-12, as adopted by the TACB on October 
12, 1990.
    (E) Revisions to Texas Air Control Board (TACB), Regulation I, 
Section 111.111, ``Requirements for Specified Sources;'' Subsections 
111.111(a)(1)(C), 111.111(a)(1)(D), 111.111(a)(1)(F) (first paragraph), 
111.111(a)(1)(F)(i), 111.111(a)(1)(F)(ii), 111.111(a)(1)(F)(iii), 
111.111(a)(1)(F)(iv), and 111.111(a)(1)(G) under ``Stationary Vents;'' 
Subsections 111.111(a)(2) (first paragraph), 111.111(a)(2)(A), 
111.111(a)(2)(B), and 111.111(a)(2)(C) under ``Sources Requiring 
Continuous Emissions Monitoring;'' Subsection 111.111(a)(3) (first 
paragraph) under ``Exemptions from Continuous Emissions Monitoring 
Requirements;'' Subsection 111.111(a)(4), ``Gas Flares,'' title only; 
Subsection 111.111(a)(5) (first paragraph) under ``Motor Vehicles;'' 
Subsections 111.111(a)(6)(A), 111.111(a)(6)(B) (first paragraph), 
111.111(a)(6)(B)(i) and 111.111(a)(6)(B)(ii) under ``Railroad 
Locomotives or Ships'' (Important note, the language for 
111.111(a)(6)(A) and 111.111(a)(6)(B)(i) was formerly adopted as 
111.111(a)(4)(A) and 111.111(a)(4)(B)(i) on October 12, 1990); 
Subsections 111.111(a)(7)(A), 111.111(a)(7)(B) (first paragraph), 
111.111(a)(7)(B)(i) and 111.111(a)(7)(B)(ii) under ``Structures'' 
(Important note, the language for 111.111(a)(7)(A) and 
111.111(a)(7)(B)(i) was formerly adopted as 111.111(a)(5)(A) and 
111.111(a)(5)(B)(i) on October 12, 1990); and Subsections 
111.111(a)(8)(A), 111.111(a)(8)(B) (first paragraph), 
111.111(a)(8)(B)(i) and 111.111(a)(8)(B)(ii) under ``Other Sources'' 
(Important note, the language for 111.111(a)(8)(A) and 
111.111(a)(8)(B)(i) was formerly adopted as 111.111(a)(6)(A) and 
111.111(a)(6)(B)(i) on October 12, 1990), as adopted by the TACB on 
September 18, 1992.
    (F) TACB Board Order No. 92-19, as adopted by the TACB on September 
18, 1992.
    (G) Revisions to Texas Air Control Board (TACB), Regulation I, 
Section 111.111, ``Requirements for Specified Sources;'' Subsections 
111.111(a)(4)(A) (first paragraph), 111.111(a)(4)(A)(i), 
111.111(a)(4)(A)(ii), and 111.111(a)(4)(B) under ``Gas Flares,'' as 
adopted by the TACB on June 18, 1993.
    (H) TACB Board Order No. 93-06, as adopted by the TACB on June 18, 
1993.
    (ii) Additional material.
    (A) TACB certification letter dated July 27, 1989, and signed by 
Allen Eli Bell, Executive Director, TACB.
    (B) TACB certification letter dated January 9, 1991, and signed by 
Steve Spaw, Executive Director, TACB.
    (C) TACB certification letter dated October 1, 1992, and signed by 
William Campbell, Executive Director, TACB.
    (D) TACB certification letter dated July 13, 1993, and signed by 
William Campbell, Executive Director, TACB.
    (95) Alternative emission reduction (bubble) plan for the Shell Oil 
Company's Deer Park manufacturing complex submitted to the EPA by the 
Governor of Texas in a letter dated July 26, 1993.

    (i) Incorporation by reference.

    (A) TACB Order 93-11, as adopted by the TACB on June 18, 1993.

    (B) SIP narrative entitled, ``Site-Specific State Implementation 
Plan,'' section IV.H.1.b., attachment (4), entitled, ``Alternate 
Emission Reduction (``Bubble'') Plan Provisions for Uncontrolled Vacuum-
Producing Vents, Shell Oil Company, Deer Park Manufacturing Complex, HG-
0659-W,'' adopted by the TACB on June 18, 1993.

    (ii) Additional material.

    (A) SIP narrative entitled, ``Site-Specific State Implementation 
Plan,'' section IV.H.1.b., adopted by the TACB on June 18, 1993.

    (B) TACB certification letter dated July 5, 1993, and signed by 
William R. Campbell, Executive Director, TACB.
    (96) A revision to the Texas State Implementation Plan for 
Transportation Conformity: Regulation 30 TAC Chapter 114 ``Control of 
Air Pollution from Motor Vehicles'', Section 114.27

[[Page 915]]

``Transportation Conformity'' as adopted by the Texas Natural Resource 
Conservation Commission (TNRCC) on October 19, 1994, was submitted by 
the Governor on November 6, 1994. No action is taken on a portion of 30 
TAC 114.27(c) that contains provisions of 40 CFR 51.448.
    (i) Incorporation by reference.
    (A) The TNRRC 30 TAC Chapter 114 ``Control of Air Pollution from 
Motor Vehicles'', 114.27 ``Transportation Conformity'' as adopted by the 
TNRCC on October 19, 1994. No action is taken on a portion of 30 TAC 
114.27(c) that contains provisions of 40 CFR 51.448.
    (B) TNRCC order No. 94-40 as passed and approved on October 12, 
1994.
    (ii) Additional material. None.
    (97) Revisions to the Texas SIP addressing revisions to the Texas 
Air Control Board (TACB) General Rules, 31 Texas Administrative Code 
(TAC) Chapter 101, ``General Rules'', section 101.1, ``Definitions'', 
and revisions to TACB Regulation VI, 31 TAC Chapter 116, ``Control of 
Air Pollution by Permits for New Construction or Modification,'' were 
submitted by the Governor of Texas by letters dated December 11, 1985, 
October 26, 1987, February 18, 1988, September 29, 1988, December 1, 
1989, September 18, 1990, November 5, 1991, May 13, 1992, November 13, 
1992, and August 31, 1993.
    (i) Incorporation by reference.
    (A) Revisions to TACB Regulation VI, 31 TAC Chapter 116, sections 
116.2 and 116.10(a)(4), as adopted by the TACB on July 26, 1985.
    (B) TACB Board Order No. 85-07, as adopted by the TACB on July 26, 
1985.
    (C) Amended TACB Regulation VI, 31 TAC Chapter 116, section 
116.10(a)(3) as adopted by the TACB on July 17, 1987.
    (D) TACB Board Order No. 87-09, as adopted by the TACB on July 17, 
1987.
    (E) Amended TACB Regulation VI, 31 TAC Chapter 116, sections 
116.10(a)(1), 116.10(c)(1), 116.10(c)(1)(A), 116.10(c)(1)(B), 
116.10(c)(1)(C) and 116.10(f), as adopted by the TACB on December 18, 
1987.
    (F) TACB Board Order No. 87-17, as adopted by the TACB on December 
18, 1987.
    (G) Amended TACB Regulation VI, 31 TAC Chapter 116, redesignation of 
section 116.1 to 116.1(a), revision to section 116.1(b), and 
redesignation of 116.10(a)(6) to 116.10(a)(7), as adopted by the TACB on 
July 15, 1988.
    (H) TACB Board Order No. 88-08, as adopted by the TACB on July 15, 
1988.
    (I) Amended TACB Regulation VI, 31 TAC Chapter 116, sections 
116.1(a), 116.3(f), 116.5, 116.10(a)(7), 116.10(b)(1), 116.10(d), 
116.10(e), 116.11(b)(3), 116.11(e), and 116.11(f), as adopted by the 
TACB on August 11, 1989.
    (J) TACB Board Order No. 89-06, as adopted by the TACB on August 11, 
1989.
    (K) Amended TACB Regulation VI, 31 TAC Chapter 116, sections 
116.1(c), 116.3(a)(1), 116.3(a)(1)(A), and 116.3(a)(1)(B), as adopted by 
the TACB on May 18, 1990.
    (L) TACB Board Order No. 90-05, as adopted by the TACB on May 18, 
1990.
    (M) Amended TACB Regulation VI, 31 TAC Chapter 116, section 
116.1(a)(15), as adopted by the TACB on September 20, 1991.
    (N) TACB Board Order No. 91-10, as adopted by the TACB on September 
20, 1991.
    (O) Revisions to TACB General Rules, 31 TAC Chapter 101 to add 
definitions of ``actual emissions''; ``allowable emissions''; ``begin 
actual construction''; ``building, structure, facility, or 
installation''; ``commence''; ``construction''; ``de minimis 
threshold''; ``emissions unit''; ``federally enforceable''; ``necessary 
preconstruction approvals or permits''; ``net emissions increase''; 
``nonattainment area''; ``reconstruction''; ``secondary emissions''; and 
``synthetic organic chemical manufacturing process'' and to modify 
definitions of ``fugitive emission''; ``major facility/stationary 
source''; and ``major modification'' (except for Table I), as adopted by 
the TACB on May 8, 1992.
    (P) Amended TACB Regulation VI, 31 TAC Chapter 116, sections 
116.3(a)(1), (3), (4), (5), (7), (8), (9), (10), (11), (12), and (13); 
116.3(c)(1); and 116.11(b)(4), as adopted by the TACB on May 8, 1992.
    (Q) TACB Board Order No. 92-06, as adopted by the TACB on May 8, 
1992.
    (R) Amended TACB Regulation VI, 31 TAC Chapter 116, sections 
116.3(a); 116.3(a)(7) and (10); 116.3(c); and 116.14 as, adopted by the 
TACB on October 16, 1992.

[[Page 916]]

    (S) TACB Board Order No. 92-18, adopted by the TACB on October 16, 
1992.
    (T) Amended TACB Regulation VI, 31 TAC Chapter 116, Table I, as 
adopted in section 116.012 by the TACB on August 16, 1993, is approved 
and incorporated into section 101.1 in lieu of Table I adopted May 8, 
1992.
    (U) TACB Board Order No. 93-17, as adopted by the TACB on August 16, 
1993
    (ii) Additional materials--None.

[37 FR 10895, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.2270, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.2271   Classification of regions.

    (a) The Texas plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Abilene-Wichita Falls Intrastate..........................          II        III       III       III        III
Amarillo-Lubbock Intrastate...............................          II        III       III       III        III
Austin-Waco Intrastate....................................          II        III       III       III          I
Brownsville-Laredo Intrastate.............................           I        III       III       III        III
Corpus Christi-Victoria Intrastate........................           I         II       III       III          I
Midland-Odessa-San Angelo Intrastate......................          II         II       III       III        III
Metropolitan Houston-Galveston Intrastate.................           I          I       III       III          I
Metropolitan Dallas-Fort Worth Intrastate.................          II        III       III       III          I
Metropolitan San Antonio Intrastate.......................          II        III       III       III          I
Southern Louisiana-Southeast Texas Interstate.............          II          I       III       III          I
El Paso-Las Cruces Alamogordo Interstate..................           I         IA       III         I          I
Shreveport-Texarkana-Tyler Interstate.....................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------

    (b) The proposed priority classifications for particulate matter and 
carbon monoxide submitted by the Governor on March 21, 1975 are 
disapproved.
    (c) The revision of section II, classification of regions, submitted 
by the Texas Air Control Board with the semiannual in 1975 is 
disapproved.

[37 FR 10895, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 42 
FR 20131, Apr. 18, 1977; 42 FR 27894, June 1, 1977; 45 FR 19244, Mar. 
25, 1980]
Sec. 52.2272  [Reserved]



Sec. 52.2273  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Texas' plan for the attainment and maintenance of the national 
standards under section 110 of the Clean Air Act. Furthermore, the 
Administrator finds that the plan satisfies all requirements of Part D, 
Title 1, of the Clean Air Act as amended in 1977, except as noted below.

[45 FR 19244, Mar. 25, 1980, as amended at 49 FR 32190, Aug. 13, 1984; 
61 FR 16062, Apr. 11, 1996]



Sec. 52.2274   General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the legal authority to provide for public availability of emission 
data is inadequate.

[39 FR 34537, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.2275  Control strategy and regulations: Ozone.

    (a) Section 510.3 of revised Regulation V, which was submitted by 
the Governor on July 20, 1977, is disapproved.
    (b) Notwithstanding any provisions to the contrary in the Texas 
Implementation Plan, the control measures listed in paragraph (d) of 
this section shall be implemented in accordance with the schedule set 
forth below.
    (c)(1) Removal from service of a 12,000 BPD vacuum distillation unit 
at the Corpus Christi refinery of the Champlin Petroleum Company, Corpus 
Christi, Texas, with a final compliance date no later than October 1, 
1979. This shall result in an estimated hydrocarbon emission reduction 
of at least 139 tons per year.

[[Page 917]]

    (2) Dedication of gasoline storage tank 91-TK-3 located at the 
Corpus Christi refinery of the Champlin Petroleum Company, Corpus 
Christi, Texas to the exclusive storage of No. 2 Fuel Oil or any fluid 
with a vapor pressure equivalent to, or less than that of No. 2 Fuel 
Oil, with a final compliance date no later than October 1, 1979. This 
shall result in an estimated hydrocarbon emission reduction of at least 
107.6 tons per year.
    (d)  [Reserved]
    (e) Approval--The Texas Natural Resource Conservation Commission 
(TNRCC) submitted an ozone redesignation request and maintenance plan on 
July 27, 1994, requesting that the Victoria County ozone nonattainment 
area be redesignated to attainment for ozone. Both the redesignation 
request and maintenance plan were adopted by TNRCC in Commission Order 
No. 94-29 on July 27, 1994. The redesignation request and maintenance 
plan meet the redesignation requirements in section 107(d)(3)(E) of the 
Act as amended in 1990. The redesignation meets the Federal requirements 
of section 182(a)(1) of the Clean Air Act as a revision to the Texas 
Ozone State Implementation Plan for Victoria County. The EPA approved 
the request for redesignation to attainment with respect to ozone for 
Victoria County on May 8, 1995.

[42 FR 37380, July 21, 1977, as amended at 44 FR 5662, Jan. 29, 1979; 44 
FR 55006, Sept. 24, 1979; 45 FR 19244, Mar. 25, 1980; 46 FR 47545, Sept. 
29, 1981; 47 FR 20770, May 14, 1982; 47 FR 50868, Nov. 10, 1982; 60 FR 
12459, Mar. 7, 1995; 60 FR 33924, June 29, 1995]



Sec. 52.2276  Control strategy and regulations: Particulate matter.

    (a) Part D conditional approval. The Texas plan for total suspended 
particulate (TSP) for the nonattainment area of Dallas 3 is 
conditionally approved until the State satisfactorily completes the 
following items:
    (1) Draft SIP revision supplement submitted to EPA by March 3, 1980.
    (2) Public hearing completed by May 5, 1980.
    (3) Adopt revision and revised Regulation I as it pertains to 
control of nontraditional sources, if necessary, and submit to EPA by 
August 1, 1980.
    (b) Notwithstanding any provisions to the contrary in the Texas 
Implementation Plan, the control measures listed in paragraph (c) of 
this section shall be implemented in accordance with the schedule set 
forth below.
    (c) No later than January 1, 1980, Parker Brothers and Co., Inc., at 
its limestone quarry facilities near New Braunfels, Comal County, Texas 
shall install fabric filters on the primary crusher and on the secondary 
crusher and screens, meeting the requirements of Appendix A of the Texas 
Air Control Board Order 78-8 adopted August 11, 1978. After the date of 
installation of the fabric filters, Parker Brothers and Co., Inc., shall 
not emit particulate matter in excess of 0.03 grains per standard cubic 
foot from the exhaust stack of the fabric filter on its primary crusher 
and shall not emit particulate matter in excess of 0.03 grains per 
standard cubic foot from the exhaust stack of the fabric filter on its 
secondary crusher and screens.

[46 FR 43425, Aug. 28, 1981, and 46 FR 47545, Sept. 29, 1981]
Secs. 52.2277--52.2281  [Reserved]



Sec. 52.2282   Public hearings.

    (a) The requirements of Sec. 51.102 of this chapter are not met 
because principal portions of the revised plan were not made available 
to the public for inspection and comment prior to the hearing.

[38 FR 16568, June 22, 1973, as amended at 51 FR 40675, Nov. 7, 1986]
Secs. 52.2283--52.2284  [Reserved]



Sec. 52.2285  Control of evaporative losses from the filling of gasoline storage vessels in the Houston and San Antonio areas.

    (a) Definitions:
    (1) Gasoline means any petroleum distillate having a Reid vapor 
pressure of 4 pounds or greater which is produced for use as a motor 
fuel and is commonly called gasoline.
    (2) Storage container means any stationary vessel of more than 1,000 
gallons (3,785 liters) nominal capacity. Stationary vessels include 
portable vessels placed temporarily at a location; e.g., tanks on skids.

[[Page 918]]

    (3) Owner means the owner of the gasoline storage container(s).
    (4) Operator means the person who is directly responsible for the 
operation of the gasoline storage container(s), whether the person be a 
lessee or an agent of the owner.
    (5) Delivery Vessel means tank trucks and tank trailers used for the 
delivery of gasoline.
    (6) Source means both storage containers and delivery vessels.
    (b) This section is applicable to the following counties in Texas: 
Harris, Galveston, Brazoria, Fort Bend, Waller, Montgomery, Liberty, 
Chambers, Matagorda, Bexar, Comal, and Guadalupe.
    (c) No person shall transfer or permit the transfer of gasoline from 
any delivery vessel into any stationary storage container with a nominal 
capacity greater than 1,000 gallons (3,785 liters) unless such container 
is equipped with a submerged fill pipe and unless the displaced vapors 
from the storage container are processed by a system that prevents 
release to the atmosphere of no less than 90 percent by weight of total 
hydrocarbon compounds in said vapors.
    (1) The vapor recovery system shall include one or more of the 
following:
    (i) A vapor-tight return line from the storage container to the 
delivery vessel and a system that will ensure that the vapor return line 
is connected before gasoline can be transferred into the container.
    (ii) Other equipment that prevents release to the atmosphere of no 
less than 90 percent by weight of the total hydrocarbon compounds in the 
displaced vapor provided that approval of the proposed design, 
installation, and operation is obtained from the Regional Administrator 
prior to start of construction.
    (2) The vapor recovery system shall be so constructed that it will 
be compatible with a vapor recovery system, which may be installed 
later, to recover vapors displaced by the filling of motor vehicle 
tanks.
    (3) The vapor-laden delivery vessel shall meet the following 
requirements:
    (i) The delivery vessel must be so designed and maintained as to be 
vapor-tight at all times.
    (ii) If any gasoline storage compartment of a vapor-laden delivery 
vessel is refilled in one of the counties listed in paragraph (b) of 
this section, it shall be refilled only at a facility which is equipped 
with a vapor recovery system, or the equivalent, which prevents release 
to the atmosphere of at least 90 percent by weight of the total 
hydrocarbon compounds in the vapor displaced from the delivery vessel 
during refilling.
    (iii) Gasoline storage compartments of one thousand gallons or less 
in gasoline delivery vehicles presently in use on November 6, 1973 will 
not be required to be retrofitted with a vapor return system until 
January 1, 1977.
    (iv) Facilities which have a daily throughput of 20,000 gallons of 
gasoline or less are required to have a vapor recovery system in 
operation no later than May 31, 1977. Delivery vessels and storage 
vessels served exclusively by facilities required to have a vapor 
recovery system in operation no later than May 31, 1977, also are 
required to meet the provisions of this section no later than May 31, 
1977.
    (d) The provisions of paragraph (c) of this section shall not apply 
to the following:
    (1) Storage containers used for the storage of gasoline used on a 
farm for farming purposes, as that expression is used in the Internal 
Revenue Code, 26 U.S.C. section 6420.
    (2) Any container having a nominal capacity less than 2,000 gallons 
(7,571 liters) installed prior to November 6, 1973.
    (3) Transfers made to storage containers equipped with floating 
roofs or their equivalent.
    (4) Any facility for loading and unloading of volatile organic 
compounds (including gasoline bulk terminals) in Bexar, Brazoria, 
Galveston and Harris Counties, any gasoline bulk plants in Harris 
County, and any filling of gasoline storage vessels (Stage I) for motor 
vehicle fuel dispensing facilities in Bexar, Brazoria, Galveston, and 
Harris Counties which is subject to Texas Air Control Board Regulation V 
subsections 115.111-115.113, 115.121-115.123, and 115.131-115.135, 
respectively.

[[Page 919]]

    (e) Except as provided in paragraph (f) of this section, the owner 
or operator of a source subject to paragraph (c) of this section shall 
comply with the increments contained in the following compliance 
schedule:
    (1) Contracts for emission control systems or process modifications 
must be awarded or orders must be issued for the purchase of component 
parts to accomplish emission control or process modification not later 
than March 31, 1975.
    (2) Initiation of onsite construction or installation of emission 
control equipment or process change must begin not later than July 1, 
1975.
    (3) On-site construction or installation of emission control 
equipment or process modification must be completed no later than June 
30, 1976.
    (4) Final compliance is to be achieved no later than August 31, 
1976.
    (5) Any owner or operator of sources subject to the compliance 
schedule in this paragraph shall certify in writing to the Regional 
Administrator whether or not the required increment of progress has been 
met. The certification shall be submitted within five days after the 
deadlines for each increment. The certification shall include the 
name(s) and street address(es) of the facility (facilities) for which 
the certification applies, and the date(s) the increment(s) of progress 
was (were) met--if met. The Regional Administrator may request whatever 
supporting information he considers necessary for proper certification.
    (f) Paragraph (e) of this section shall not apply to the owner or 
operator of:
    (1) A source which is presently in compliance with paragraph (c) of 
this section and which has certified such compliance to the Regional 
Administrator by January 1, 1974. The certification shall include the 
name(s) and street address(es) of the facility (facilities) for which 
the certification applies. The Regional Administrator may request 
whatever supporting information he considers necessary for proper 
certification.
    (2) To a source for which a compliance schedule is adopted by the 
State and approved by the Administrator.
    (3) To a source whose owner or operator receives approval from the 
Administrator by June 1, 1974, of a proposed alternative schedule. No 
such schedule may provide for compliance after August 31, 1976. If 
approval is promulgated by the Administrator, such schedule shall 
satisfy the requirements of this section for the affected source.
    (g) Nothing in this section shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (e) of this section fails to 
satisfy the requirements of Secs. 51.261 and 51.262(a) of this chapter.
    (h) After August 31, 1976 paragraph (c) of this section shall be 
applicable to every storage container (except those exempted in 
paragraph (d) of this section) located in the counties specified in 
paragraph (b) of this section. Every storage container installed after 
August 31, 1976 shall comply with the requirements of paragraph (c) of 
this section from the time of installation. In the affected counties, 
storage containers which were installed, or converted to gasoline 
storage after November 6, 1973, but before August 31, 1976 shall comply 
with paragraph (c) of this section in accordance with the schedule 
established in paragraph (e) of this section.

[42 FR 37380, July 21, 1977, as amended at 47 FR 50868, Nov. 10, 1982; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.2286  Control of evaporative losses from the filling of gasoline storage vessels in the Dallas-Fort Worth area.

    (a) Definitions:
    (1) Gasoline means any petroleum distillate having a Reid vapor 
pressure of 4 pounds or greater which is produced for use as a motor 
fuel and is commonly called gasoline.
    (2) Storage container means any stationary vessel of more than 1,000 
gallons (3,785 liters) nominal capacity. Stationary vessels include 
portable vessels placed temporarily at a location; e.g., tanks on skids.
    (3) Owner means the owner of the gasoline storage container(s).
    (4) Operator means the person who is directly responsible for the 
operation of the gasoline storage container(s),

[[Page 920]]

whether the person be a lessee or an agent of the owner.
    (5) Delivery Vessel means tank truck and tank trailers used for the 
delivery of gasoline.
    (6) Source means both storage containers and delivery vessels.
    (b) This section is applicable to the following counties in Texas: 
Dallas, Tarrant, Denton, Wise, Collin, Parker, Rockwall, Kaufman, Hood, 
Johnson, and Ellis.
    (c) No person shall transfer or permit the transfer of gasoline from 
any delivery vessel into any stationary storage container with a nominal 
capacity greater than 1,000 gallons (3,785 liters) unless such container 
is equipped with a submerged fill pipe and unless the displaced vapors 
from the storage container are processed by a system that prevents 
release to the atmosphere of no less than 90 percent by weight of total 
hydrocarbon compounds in said vapors.
    (1) The vapor recovery system shall include one or more of the 
following:
    (i) A vapor-tight return line from the storage container to the 
delivery vessel and a system that will ensure that the vapor return line 
is connected before gasoline can be transferred into the container.
    (ii) Other equipment that prevents release to the atmosphere of no 
less than 90 percent by weight of the total hydrocarbon compounds in the 
displaced vapor provided that approval of the proposed design, 
installation, and operation is obtained from the Regional Administrator 
prior to start of construction.
    (2) The vapor recovery system shall be so constructed that it will 
be compatible with a vapor recovery system, which may be installed 
later, to recover vapors displaced by the filling of motor vehicle 
tanks.
    (3) The vapor-laden delivery vessel shall meet the following 
requirements:
    (i) The delivery vessel must be so designed and maintained as to be 
vapor-tight at all times.
    (ii) If any gasoline storage compartment of a vapor-laden delivery 
vessel is refilled in one of the counties listed in paragraph (b) of 
this section, it shall be refilled only at a facility which is equipped 
with a vapor recovery system, or the equivalent, which prevents release 
to the atmosphere of at least 90 percent by weight of the total 
hydrocarbon compounds in the vapor displaced from the delivery vessel 
during refilling.
    (d) The provisions of paragraph (c) of this section shall not apply 
to the following:
    (1) Storage containers used for the storage of gasoline used on a 
farm for farming purposes, as that expression is used in the Internal 
Revenue Code, 26 U.S.C. section 6420.
    (2) Any container having a nominal capacity less than 2,000 gallons 
(7,571 liters) installed prior to promulgation of this section.
    (3) Transfers made to storage containers equipped with floating 
roofs or their equivalent.
    (4) Any facility for loading and unloading of volatile organic 
compounds (including gasoline bulk terminals) in Dallas or Tarrant 
County, and any filling of gasoline storage vessels (Stage I) for motor 
vehicle fuel dispensing facilities in Dallas or Tarrant County which is 
subject to Texas Air Control Board Regulation V subsections 115.111-
115.113 and 115.131-115.135, respectively.
    (e) Except as provided in paragraph (f) of this section, the owner 
or operator of a source subject to paragraph (c) of this section shall 
comply with the increments contained in the following compliance 
schedule:
    (1) Contracts for emission control systems or process modifications 
must be awarded or orders must be issued for the purchase of component 
parts to accomplish emission control or process modification no later 
than September 30, 1977.
    (2) Initiation of on-site construction or installation of emission 
control equipment or process modification must begin no later than 
January 31, 1978.
    (3) On-site construction or installation of emission control 
equipment or process modification must be completed no later than August 
31, 1978.
    (4) Final compliance is to be achieved no later than September 30, 
1978.
    (5) Any owner or operator of sources subject to the compliance 
schedule in this paragraph shall certify in writing to the Regional 
Administrator whether

[[Page 921]]

or not the required increment of progress has been met. The 
certification shall be submitted not later than February 15, 1978, for 
award of contracts and initiation of construction, and not later than 
October 15, 1978, for completion of construction and final compliance. 
The certification shall include the name(s) and street address(es) of 
the facility (facilities) for which the certification applies, and the 
date(s) the increment(s) of progress was (were) met--if met. The 
Regional Administrator may request whatever supporting information he 
considers necessary for proper certification.
    (f) Paragraph (e) of this section shall not apply to the owner or 
operator of:
    (1) A source which is presently in compliance with paragraph (c) of 
this section and which has certified such compliance to the Regional 
Administrator by August 1, 1977. The certification shall include the 
name(s) and street address(es) of the facility (facilities) for which 
the certification applies. The Regional Administrator may request 
whatever supporting information he considers necessary for proper 
certification.
    (2) A source for which a compliance schedule is adopted by the State 
and approved by the Administrator.
    (3) To a source whose owner or operator receives approval from the 
Administrator by August 1, 1977, of a proposed alternative schedule. No 
such schedule may provide for compliance after September 30, 1978. If 
approval is promulgated by the Administrator, such schedule shall 
satisfy the requirements of this section for the affected source.
    (g) Nothing in this section shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (e) of this section fails to 
satisfy the requirements of Sec. 51.15 (b) and (c) of this chapter.
    (h) After September 30, 1978, paragraph (c) of this section shall be 
applicable to every storage container (except those exempted in 
paragraph (d) of this section) located in the counties specified in 
paragraph (b). Every storage container installed after September 30, 
1978 shall comply with the requirements of paragraph (c) of this section 
from the time of installation. In the affected counties, storage 
containers which were installed, or coverted to gasoline storage after 
promulgation of this section, but before September 30, 1978 shall comply 
with paragraph (c) of this section in accordance with the schedule 
established in paragraph (e).

[42 FR 37381, July 21, 1977, as amended at 47 FR 50868, Nov. 10, 1982]
Secs. 52.2287--52.2300  [Reserved]



Sec. 52.2301  Federal compliance date for automobile and light-duty truck coating. Texas Air Control Board Regulation V (31 TAC chapter 115), control of air 
          pollution from volatile organic compound, rule 
          115.191(1)(8)(A).

    (a) The requirements of section 110 of the Clean Air Act are not met 
regarding the final compliance date, as found in TACB rule 
115.191(a)(8)(A), for the requirements of TACB Rule 115.191(a)(8)(A).
    (b) TACB adopted revisions to rule 115.191(a)(8)(A) on October 14, 
1988, and submitted them to EPA on December 13, 1988. Prior to the 
submittal, automobile and light-duty truck coating operations were to 
have complied with final control limits of Sec. A115.191(a)(8)(B) of the 
federally approved State Implementation Plan (SIP), by December 31, 
1986. In the December 13, 1988, submittal, the final control limits had 
been moved to Sec. 115.191(a)(8)(A) and had been given a new extended 
compliance date of December 31, 1987. EPA does not recognize the later 
compliance data and retains the original compliance date for the final 
emission limits of December 31, 1986. The owner or operator of an 
automobile and light-duty truck coating operation shall comply with the 
requirements of TACB rule 115.191(a)(8)(A) no later than December 31, 
1986.

[56 FR 40257, Aug. 14, 1991]
Sec. 52.2302  [Reserved]



Sec. 52.2303  Significant deterioration of air quality.

    (a) The plan submitted by the Governor of Texas on December 11, 1985 
(as adopted by the TACB on July 26, 1985), October 26, 1987 (as revised 
by the

[[Page 922]]

TACB on July 17, 1987), September 29, 1988 (as revised by the TACB on 
July 15, 1988), and February 18, 1991 (as revised by the TACB on 
December 14, 1990) containing Regulation VI--Control of Air Pollution 
for New Construction or Modification, Section 116.3(a)(13); the 
Prevention of Significant Deterioration (PSD) Supplement document, 
submitted by the Governor on October 26, 1987 (as adopted by the TACB on 
July 17, 1987); and revision to General Rules, Rule 101.20(3), submitted 
by the Governor on December 11, 1985 (as adopted by the TACB on July 26, 
1985), is approved as meeting the requirements of part C, Clean Air Act 
for preventing significant deterioration of air quality.
    (b) The plan approval is partially based on commitment letters 
provided by the Executive Director of the Texas Air Control Board, dated 
September 5, 1989 and April 17, 1992.
    (c) The requirements of section 160 through 165 of the Clean Air Act 
are not met for Federally-designated Indian lands. Therefore, the 
provisions of Sec. 52.21 (b) through (w) are hereby adopted and made a 
part of the applicable implementation plan and are applicable to sources 
located on land under the control of Indian governing bodies.
    (d) The requirements of section 160 through 165 of the Clean Air Act 
are not met for new major sources or major modifications to existing 
stationary sources for which applicability determinations would be 
affected by dockside emissions of vessels. Therefore, the provisions of 
Sec. 52.21 (b) through (w) are hereby adopted and made a part of the 
applicable implementation plan and are applicable to such sources.

[57 FR 28098, June 24, 1992, as amended at 59 FR 46557, Sept. 9, 1994]



Sec. 52.2304  Visibility protection.

    (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 
Sec. 52.26 are hereby incorporated and made a part of the applicable 
plan for the State of Texas.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 
54 FR 7770, Feb. 23, 1989]
Sec. 52.2305  [Reserved]



Sec. 52.2306  Particulate Matter (PM10) Group II SIP commitments.

    On July 18, 1988, the Governor of Texas submitted a revision to the 
State Implementation Plan (SIP) that contained commitments for 
implementing all of the required activities including monitoring, 
reporting, emission inventory, and other tasks that may be necessary to 
satisfy the requirements of the PM10 Group II SIPs. The Texas Air 
Control Board adopted these revisions on May 13, 1988. The State of 
Texas has committed to comply with the PM10 Group II SIP 
requirements, as articulated in the Federal Register notice of July 1, 
1987 (52 FR 24670), for the defined areas of Dallas, Harris, Lubbock, 
and Nueces counties as provided in the Texas PM10 Group II SIPs. In 
addition to the SIP, a letter from the Governor of Texas, dated July 18, 
1988, stated that:

    * * * In the July 1, 1987 issue of the Federal Register, the U.S. 
Environmental Protection Agency announced the requirement that each 
state submit a committal SIP for PM10 Group II areas instead of 
full control strategies. States were also required to submit 
demonstrations of attainment and maintenance of the PM10 National 
Ambient Air Quality Standards. The TACB is committed to carrying out the 
activities contained in the enclosed proposed SIP to satisfy those 
requirements * * *.

[54 FR 25586, June 16, 1989]



Sec. 52.2307  Small business assistance program.

    The Governor of Texas submitted on November 13, 1992 a plan revision 
to develop and implement a Small Business Stationary Source Technical 
and Environmental Compliance Assistance Program to meet the requirements 
of section 507 of the Clean Air Act by November 15, 1994. The plan 
commits to provide technical and compliance assistance to small 
businesses, hire an Ombudsman to serve as an independent advocate for 
small businesses, and establish a Compliance Advisory Panel to

[[Page 923]]

advise the program and report to the EPA on the program's effectiveness.

[59 FR 42765, Aug. 19, 1994]



Sec. 52.2308  Area-wide nitrogen oxides (NOX) exemptions.

    (a) The Texas Natural Resource Conservation Commission (TNRCC) 
submitted to the EPA on June 17, 1994, a petition requesting that the 
Dallas ozone nonattainment area be exempted from the NOX control 
requirements of section 182(f) of the Clean Air Act (CAA) as amended in 
1990. The Dallas nonattainment area consists of Dallas, Tarrant, Denton, 
and Collin counties. The exemption request was based on a photochemical 
grid modeling which shows that the Dallas nonattainment area would 
attain the National Ambient Air Quality Standards (NAAQS) for ozone by 
the CAA mandated deadline without the implementation of the additional 
NOX controls required under section 182(f). On November 21, 1994, 
the EPA conditionally approved this exemption request, conditioned upon 
the EPA approving the modeling portion of the Dallas attainment 
demonstration SIP.
    (b) The TNRCC submitted to the EPA on June 17, 1994, a petition 
requesting that the El Paso ozone nonattainment area be exempted from 
the NOX control requirements of section 182(f) of the Clean Air Act 
(CAA) as amended in 1990. The El Paso nonattainment area consists of El 
Paso county, and shares a common airshed with Juarez, Mexico. The 
exemption request was based on a photochemical grid modeling which shows 
that the El Paso nonattainment area would attain the NAAQS for ozone by 
the CAA mandated deadline without the implementation of the additional 
NOX controls required under section 182(f), but for emissions 
emanating from Mexico. On November 21, 1994, the EPA conditionally 
approved this exemption request, conditioned upon the EPA approving the 
modeling portion of the El Paso attainment demonstration SIP.
    (c) The Texas Natural Resource Conservation Commission submitted to 
the EPA on May 4, 1994, a petition requesting that the Victoria County 
incomplete data ozone nonattainment area be exempted from the 
requirement to meet the NOX provisions of the Federal 
transportation conformity rule. The exemption request was based on 
monitoring data which demonstrated that the National Ambient Air Quality 
Standard for ozone had been attained in this area for the 35 months 
prior to the petition, with the understanding that approval of the 
State's request would be contingent upon the collection of one 
additional month of data. The required additional month of verified data 
was submitted later and, together with the data submitted with the 
State's petition, demonstrated attainment of the NAAQS for 36 
consecutive months. The EPA approved this exemption request on March 2, 
1995.
    (d) The TNRCC submitted to the EPA on August 17, 1994, with 
supplemental information submitted on August 31, 1994, and September 9, 
1994, a petition requesting that the Houston and Beaumont ozone 
nonattainment areas be temporarily exempted from the NOX control 
requirements of section 182(f) of the CAA. The Houston nonattainment 
area consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, 
Liberty, Montgomery, and Waller counties. The Beaumont nonattainment 
area consists of Hardin, Jefferson, and Orange counties. The exemption 
request was based on photochemical grid modeling which shows that 
reductions in NOX would not contribute to attaining the ozone 
NAAQS. On April 12, 1995, the EPA approved the State's request for a 
temporary exemption. Approval of the temporary exemption waives the 
federal requirements for NOX Reasonably Available Control 
Technology (RACT), New Source Review (NSR), conformity, and vehicle 
inspection and maintenance (I/M) for the period of the temporary 
exemption. The temporary exemption automatically expires on December 31, 
1996, without further notice from the EPA. Based on the rationale 
provided in the notice of proposed rulemaking on this action, upon the 
expiration of the temporary exemption, the requirements pertaining to 
NOX RACT, NSR, conformity, and I/M will again become applicable, 
except that the NOX RACT implementation date applicable to the 
Houston and Beaumont nonattainment areas under section 182(f) shall be 
as

[[Page 924]]

expeditious as practicable but no later than May 31, 1997, unless the 
State has received a permanent NOX exemption from the EPA prior to 
that time.

[59 FR 60714, Nov. 28, 1994, as amended at 60 FR 5867, Jan. 31, 1995; 60 
FR 19522, Apr. 19, 1995]



Sec. 52.2309  Emissions inventories.

    (a) The Governor of the State of Texas submitted the 1990 base year 
emission inventories for the Houston/Galveston (HGA), Beaumont/Port 
Arthur (BPA), El Paso (ELP), and Dallas/Fort Worth (DFW) ozone 
nonattainment areas on November 17, 1992 as a revision to the State 
Implementation Plan (SIP). The 1990 base year emission inventory 
requirement of section 182(a)(1) of the Clean Air Act, as amended in 
1990, has been satisfied for each of these areas.
    (b) The inventories are for the ozone precursors which are volatile 
organic compounds, nitrogen oxides, and carbon monoxide. The inventories 
cover point, area, non-road mobile, on-road mobile, and biogenic 
sources.
    (c) The HGA nonattainment area is classified as Severe-17 and 
includes Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, 
Montgomery, and Waller Counties; the BPA nonattainment area is 
classified as Serious and includes Hardin, Jefferson, and Orange 
Counties; the ELP nonattainment area is classified as Serious and 
includes El Paso County; and the DFW nonattainment area is classified as 
Moderate and includes Collin, Dallas, Denton, and Tarrant Counties.

[59 FR 55589, Nov. 8, 1994]



                            Subpart TT--Utah



Sec. 52.2320   Identification of plan.

    (a) Title of plan: ``Utah Implementation Plan.''
    (b) The plan was officially submitted on January 25, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Clarifications of the plan relating to particulate regulations, 
CO and NO2 control strategies, new source review, emergency 
episodes, availability of emission data, and source surveillance 
submitted May 18, 1972, by State Division of Health.
    (2) Revision of State new source review regulation, section 1.3.3 of 
the Utah Code of Air Conservation Regulations, submitted on September 
13, 1972, by the Governor.
    (3) Transportation control plan submitted April 13, 1973, by the 
Governor.
    (4) Reenacted legislation providing for public availability of 
emission data submitted on June 13, 1974, by the State Division of 
Health.
    (5) The Revised Utah Air Conservation Regulations on July 10, 1975, 
by the Governor.
    (6) Provisions to meet the requirements of Part D and other sections 
of the Clean Air Act, as amended in 1977, were submitted on December 28, 
1978, by the Governor.
    (7) On November 5, 1979, the Governor submitted a plan revision to 
meet the requirements of Air Quality Monitoring, 40 CFR part 58, subpart 
C, Sec. 58.20.
    (8) Provisions to meet the transportation control requirements of 
Part D and other sections of the Clean Air Act, as amended in 1977, were 
submitted on November 5, 1979, and August 11, 1980, by the Governor.
    (9) Provisions to meet the requirements of Part D for particulates 
and to attain the national standard for lead were submitted on March 11, 
1980, July 25, 1980, November 13, 1980, December 26, 1980, and April 8, 
1981.
    (10) Provisions to meet the requirements of Part C of the Clean Air 
Act, as amended in 1977, were submitted on August 17, 1981.
    (11) Provisions to meet the requirements of section 127 and Part D 
for carbon monoxide and ozone were submitted on August 11, 1980.
    (12) Provisions to meet the requirements of Part D of the Clean Air 
Act, as amended in 1977, for particulates and volatile organic 
compounds, were submitted on April 8, 1981.
    (13) Provisions to meet the requirements of Part D of the Clean Air 
Act, as amended in 1977, for particulates were submitted on March 1, 
1982.
    (14) A revision to the definition of volatile organic compound was 
submitted on April 29, 1982.
    (15) Provisions to meet the requirements of Part D of the Clean Air 
Act,

[[Page 925]]

as amended in 1977, for carbon monoxide in Provo and Ogden, Utah were 
submitted on September 20, 1982.
    (16) Additional information regarding stack monitoring at the main 
stack at the Kennecott Copper Smelter in Salt Lake City was submitted on 
December 27, 1982, and February 3, 1984.
    (17) Provision to meet the requirements of Part D of the Clean Air 
Act as amended in 1977 providing for implementing automobile inspection 
and maintenance in Salt Lake and Davis Counties were submitted on 
December 9, 1983, December 19, 1983, February 6, 1984, and March 1, 
1984. A revision providing for the commitment to adopt regulations for 
VOC sources covered by future CTG's (Group III) was submitted on 
February 6, 1984.
    (18) A revision to the SIP was submitted by the Governor for 
attainment of the SO2 standard on August 17, 1981. Additional 
submittals January 25, 1983, and September 5, 1984.
    (19) A revision to the SIP was submitted by the Governor on April 
26, 1985, for visibility monitoring and new source review.
    (i) Incorporation by reference.
    (A) Letter dated April 26, 1985, from Governor Norman Bangerter 
submitting the Utah Visibility SIP and Regulations.
    (B) The Visibility SIP and the Utah Air Conservaton Regulations 
1.1.7 and 3.11.1 were adopted on April 15, 1985 referred to in the 
Governor's letter as April 12, 1985.
    (20) A revision to the SIP was submitted by the Governor on December 
12, 1985, for attaintment of the CO standard in Utah County.
    (i) Incorporation by reference.
    (A) Letter and attachments dated December 12, 1985, from Governor 
Norman H. Bangerter submitting the SIP Revision for attainment of NAAQS 
for CO in Utah County. The attachments included Section 9, Part C; 
Section 9, Appendices A, C, H, and I; and Technical Support Document--
Provo.
    (ii) Additional material.
    (A) Letter dated May 8, 1986, from Brent C. Bradford to Irwin 
Dickstein; Re: Response to questions on I/M with anti-tampering program.
    (B) Letter and attachment dated May 15, 1986, from Brent Bradford to 
Irwin Dickstein transmitting Appendix D of the Technical Support 
Document.
    (21) A revision to the SIP was submitted by the Governor on December 
11, 1987, for visibility general plan requirements and long-term 
strategies.
    (i) Incorporation by reference.
    (A) Letter dated December 2, 1988, from the Utah Bureau of Air 
Quality to the U.S. Environmental Protection Agency, Region VIII.
    (B) A revised section 16, Visibility Protection, of the Utah SIP was 
adopted on November 12, 1987, except for the first three paragraphs of 
Sec. 16.1, the fifth and sixth paragraph of Sec. 16.4, and the second 
and third paragraphs of Sec. 16.5.
    (22) In a letter dated May 2, 1986, the Governor submitted revisions 
to the Utah Air Conservation Regulations addressing GEP stack heights/
dispersion techniques and a new Section 17 to the SIP addressing GEP 
stack height demonstration analysis.
    (i) Incorporation by reference.
    (A) Revisions to the Utah Air Conservation Regulations adopted April 
18, 1986. The revisions consist of adding stack height definitions (UACR 
1.1.128 through UACR 1.1.133) and updating stack height exemptions (UACR 
3.8).
    (B) Stack height demonstration analysis submitted by the State in a 
letter dated May 2, 1986.
    (23) On May 2, 1991 the Governor of Utah submitted revisions to the 
plan. The revisions include amendments to the prevention of significant 
deterioration (PSD) portion of the plan to incorporate the nitrogen 
dioxide (NO2) increments, and several ``housekeeping'' changes to 
definitions, new source review, and PSD regulations.
    (i) Incorporation by reference.
    (A) Revisions to the Utah Air Conservation Regulations, section 
R446-1-1, Foreword and Definitions, section R446-1-3, Control of 
Installations, and section R446-2-1, Utah State Implementation Plan 
Incorporation by Reference, effective January 1, 1991.
    (B) Letter dated May 1, 1991, from Kenneth Hansen of the Utah 
Division of Administrative Rules to Dave McNeill of the Utah Bureau of 
Air Quality, confirming a codification change to paragraph R446-1-3.6.5, 
effective May 1, 1991. This letter contains a reprinted version of R446-
1-3.6.5.

[[Page 926]]

    (ii) Additional material.
    (A) February 26, 1991, letter from F. Burnell Cordner, Executive 
Secretary, Utah Air Conservation Committee, to Douglas M. Skie, EPA, 
transmitting administrative materials for the SIP revision.
    (B) May 2, 1991, letter from Norman H. Bangerter, Governor, State of 
Utah, to James J. Scherer, EPA. Official SIP submittal, transmitting the 
SIP narrative modifying section 8, Prevention of Significant 
Deterioration, and other administrative materials.
    (24) On May 4, 1990, and July 25, 1991, the Governor of Utah 
submitted revisions to the plan. The revisions include amendments to the 
ozone nonattainment area regulations for stationary sources of volatile 
organic compounds (VOCs), contained within Regulation R446-1-4.9 of the 
Utah Air Conservation Regulations, ``Emission Standards. Non-Attainment 
Area Requirements--Ozone,'' and the definitions applicable to the VOC 
regulations, contained within Regulation R446-1-1, ``Foreward and 
Definitions.'' The amendments were made to conform Regulations R446-1-1 
and R446-1-4.9 to statutory requirements for application of reasonably 
available control technology (RACT) to stationary sources of VOC's, as 
required by section 182(a)(2)(A) of the 1990 Clean Air Act, and to 
improve the clarity and enforceability of the regulations.
    (i) Incorporation by reference. (A) Revisions to the following Utah 
Air Conservation Regulations, Section R446-1-1, Foreward and 
Definitions, effective January 1, 1991: R446-1-1.10, 1.16, 1.40, 1.60, 
1.109, 1.126, 1.140, 1.150, 1.151, 1.159, 1.160, 1.161, 1.162, 1.163, 
1.164, 1.165, 1.166, 1.167, 1.168, 1.169, 1.170, 1.171, 1.172, 1.173, 
1.174, 1.175, 1.176, 1.177, 1.178, 1.180, 1.182, 1.183, 1.184.
    (B) Revisions to the following rules of R446-1-4.9, Emission 
Standards. Non-Attainment Area Requirements--Ozone, effective June 15, 
1991: 4.9.A through 4.9.E were added (disposal of VOCs; requirements for 
EPA concurrence on alternative test methods, alternative methods of 
control, alternative compliance periods, alternative emission limits, or 
alternative monitoring schedules; recordkeeping and reporting 
requirements; RACT requirements for major non-CTG sources; ``once-in, 
always-in'' requirements; and allowance for exclusion of non-reactive 
VOC's); revisions to 4.9.1 (Petroleum Liquid Storage), 4.9.2 (Gasoline 
Transfer/Storage), 4.9.3 (Control of Hydrocarbon Emissions in 
Refineries), 4.9.4 (Degreasing and Solvent Cleaning Operations), 4.9.5 
(Cutback Asphalt), 4.9.6 (Volatile Organic Compounds Used for Coating 
Paper, Fabric, Vinyl, Metal Furniture, Large Appliances, Magnet Wire, 
Flat Wood Paneling, Miscellaneous Metal Parts and Products, and Graphic 
Arts), 4.9.7 (Perchlorethylene Dry Cleaning Plants), 4.9.8 (Compliance 
Schedule); 4.9.9 (Compliance Schedule) was deleted.
    (ii) Additional material. (A) May 9, 1991, letter from F. Burnell 
Cordner, Executive Secretary, Utah Air Conservation Committee, to 
Douglas Skie, EPA. This letter provided final changes to R446-1-4.9, 
indicated that these changes would become effective on June 15, 1991, 
and indicated that the State would submit the Ozone SIP revision package 
to EPA after the changes become effective.
    (B) July 25, 1991, letter from Norman H. Bangerter, Governor, State 
of Utah, to James Scherer, EPA. Official SIP submittal, transmitting 
revised Regulation R446-1-4.9, and other administrative materials. This 
letter provided a negative declaration for seven CTG source categories: 
large petroleum dry cleaners, manufacturers of high density 
polyethylene, polypropylene, polystyrene resins, manufacturers of 
synthesized pharmaceutical products, manufacturers of pneumatic rubber 
tires, natural gas/gas processing plants, and synthetic organic chemical 
manufacturing industries (SOCMI) with fugitive emissions and/or air 
oxidation processes.
    (C) September 5, 1991, letter from F. Burnell Cordner, Executive 
Secretary, Utah Air Quality Board, to James Scherer, EPA. This letter 
provided a negative declaration for three CTG source categories: surface 
coating of cans, surface coating of metal coils, and surface coating of 
automobiles and light duty trucks.
    (D) January 30, 1992, letter from F. Burnell Cordner, Executive 
Secretary, Utah Air Quality Board, to Doug Skie,

[[Page 927]]

EPA. This letter contained the State's commitment to conduct capture 
efficiency testing using the most recent EPA capture efficiency 
protocols, and the commitment to adopt federal capture efficiency test 
methods after they are officially promulgated by EPA.
    (25) The Governor of Utah submitted a PM10 State Implementation 
Plan (SIP) for Salt Lake and Utah Counties, Utah with a letter dated 
November 15, 1991. The submittals were made to satisfy those moderate 
PM10 nonattainment area SIP requirements due for Salt Lake and Utah 
Counties as outlined in the Clean Air Act of 1990. The Governor's 
submittal also included revisions to the Utah Air Quality Rules and to 
other sections of the State-wide SIP. The Utah Air Conservation 
Regulations have been revised and renumbered over the past decade and 
are being replaced in its entirely with this Governor's submittal.
    (i) Incorporation by reference.
    (A) Utah Air Conservation Regulations, printed January 27, 1992.
    (B) Utah State Implementation Plan, Section 1-7 and 10-15, effective 
March 31, 1992.
    (C) Utah State Implementation Plan, Section 9, Part A and Section 9, 
Part A, Appendix A effective August 14, 1991.
    (26) On November 9, 1992, Norman Bangerter, the Governor of Utah, 
submitted a SIP revision to the Utah Implementation Plan and Utah Air 
Conservation Regulations. This revision establishes and requires the 
implementation of oxygenated fuel programs in Provo-Orem and Salt Lake-
Ogden Metropolitan Statistical Areas as required by section 211(m) of 
the Clean Air Act Amendments of 1990.
    (i) Incorporation by reference.
    (A) R307-8; Oxygenated Gasoline Program, of the Utah Air 
Conservation Regulations as adopted by the State, effective December 16, 
1993.
    (ii) Additional materials.
    (A) Letter dated November 9, 1992, from Governor Norman Bangerter 
submitting the oxygenated gasoline program SIP revision.
    (B) Letter dated May 19, 1994, from Governor Michael O. Leavitt 
submitting the oxygenated gasoline program SIP revision.
    (27) The Governor of Utah submitted a Section 16, Stack Height 
Demonstration and Section 9, Part B, Sulfur Dioxide of the Utah State 
Implementation Plan (SIP) a letter dated December 23, 1991, and May 15, 
1992, respectively. The Governor's submittal also included statewide 
SO2 regulations.
    (i) Incorporation by reference.
    (A) Utah State Implementation Plan, Section 16, effective December 
16, 1991.
    (B) Utah State Implementation Plan, Section 9, Part B effective June 
15, 1992.
    (C) Utah Air Conservation Regulations, R307-1-4. Emission Standards: 
changes to 4.2 Sulfur Content of Fuels and 4.6.2, effective June 15, 
1992.
    (28) On November 12, 1993, the Governor of Utah submitted revisions 
to its permitting requirements to satisfy the nonattainment new source 
review provisions in the amended Clean Air Act for all of its 
nonattainment areas. On May 20, 1994, the Governor of Utah submitted a 
revision to Utah's definition of volatile organic compounds.
    (i) Incorporation by reference.
    (A) Utah Air Conservation Regulations, R307-1-1, the forward and the 
following definitions: ``air contaminant,'' ``air contaminant source,'' 
``air pollution,'' ``allowable emissions,'' ``ambient air,'' ``best 
available control technology (BACT),'' ``board,'' ``department,'' 
``dispersion technique,'' ``emission limitation,'' ``executive 
director,'' ``executive secretary,'' ``major modification,'' ``major 
source,'' ``PM-10 precursor,'' ``person,'' ``temporary,'' and ``volatile 
organic compound (VOC);'' effective November 15, 1993, printed June 24, 
1994.
    (B) Utah Air Conservation Regulations, R307-1-3.1.8, R307-1-3.1.10, 
and R307-1-3.3; effective August 16, 1993, printed May 26, 1994.
    (ii) Additional material.
    (A) Letter dated October 18, 1994 from Russell A. Roberts to Douglas 
M. Skie clarifying applicability of Utah's nonattainment new source 
review permitting requirements.
    (29) Revisions to the Utah State Implementation Plan for the 1990 
Carbon Monoxide Base Year emission inventories for Ogden City, Salt Lake 
City, and Utah County were submitted by

[[Page 928]]

the Governor in a letter dated July 11, 1994.
    (i) Incorporation by reference.
    (A) Carbon Monoxide 1990 Base Year Emission Inventories for Ogden 
City, Utah SIP, Section IX, Part C.3., Table IX.C.5; Salt Lake City, 
Utah SIP, Section IX, Part C.3., Table IX.C.4; and Utah County, Utah 
SIP, Section IX, Part C.6., Table IX.C.10 all of which became effective 
on August 31, 1994.
    (30) [Reserved]
    (31) On February 1, 1995, the Governor of Utah submitted revisions 
to the prevention of significant deterioration permitting regulations in 
R307-1-1 and R307-1-3 of the Utah Air Conservation Regulations to 
incorporate changes in the Federal PSD permitting regulations for PM-10 
increments and to make other minor, administrative changes.
    (i) Incorporation by reference.
    (A) Revisions to the Utah Air Conservation Regulations, R307-1-1, 
the definitions of ``baseline area,'' ``baseline date,'' ``net emissions 
increase,'' and ``significant,'' effective 9/22/94, printed 10/24/94.
    (B) Revisions to the Utah Air Conservation Regulations, R307-1-3, 
Sections 3.6.2.B, 3.6.2.D, 3.6.2.E, 3.6.3.A, 3.6.3.B, 3.6.3.D.(2) and 
(3), 3.6.4.A.(1), 3.6.4.C, 3.6.4.D, 3.6.5.A, 3.6.5.B.(1)(a), 3.6.5.C, 
3.6.5.D, 3.6.5.E, 3.6.5.F, and 3.6.6, effective 10/1/94, printed 10/24/
94.
    (32)-(33)  [Reserved]
    (34) Revisions to the Utah State Implementation Plan for the 
Emission Statement Inventory regulation, UACR R307-1-3.5.4., revision of 
the ozone nonattainment area designation definition, UACR R307-1-3.3.3C, 
and other minor changes to definitions in UACR R307-1-1. were submitted 
by the Governor in a letter dated November 12, 1993.
    (i) Incorporation by reference.
    (A) Emission Statement Inventory regulation, UACR R307-1-3.5.4, 
ozone nonattainment area designation definition, UACR R307-1-3.3.3C, and 
the following definitions in UACR R307-1-1.; ``Control Apparatus'', 
``Emissions Information'', ``Peak Ozone Season'', ``Process Level'', and 
``Process Rate''. All were adopted on August 4, 1993, and became 
effective on November 15, 1993.
    (B) A letter dated May 30, 1995, from Russell Roberts, Director, 
Utah Division of Air Quality to Douglas Skie, Chief, Air Programs Branch 
for Region 8.

[37 FR 10898, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.2320, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Note:  At 61 FR 20145, May 6, 1996, Sec. 52.2320 was 
amended by adding paragraph (c)(34), effective July 5, 1996.



Sec. 52.2321   Classification of regions.

    The Utah 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)
----------------------------------------------------------------------------------------------------------------
Wasatch Front Intrastate.............................           I          I         I         I             I  
Four Corners Interstate..............................          IA         IA       III       III           III  
Utah Intrastate......................................         III        III       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10898, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]
Sec. 52.2322  [Reserved]



Sec. 52.2323  Approval status.
    With the exceptions set forth in this subpart, the Administrator 
approves Utah's plan as meeting the requirements of section 110 of the 
Clean Air Act as amended in 1977. Furthermore, the Administrator finds 
that the plan satisfies all requirements of Part D, Title 1, of the 
Clean Air Act as amended in 1977, except as noted below.

[45 FR 10765, Feb. 19, 1980]

[[Page 929]]


Secs. 52.2324--52.2330  [Reserved]


Sec. 52.2331  Attainment dates for national standards.

    The attainment date for the secondary NAAQS for sulfur dioxide for 
Salt Lake County and portions of Tooele County is December 31, 1994.

[61 FR 16062, Apr. 11, 1996]



Sec. 52.2332  Control Strategy: Ozone.

    Determinations--EPA is determining that, as of July 18, 1995, the 
Salt Lake and Davis Counties ozone nonattainment area has attained the 
ozone standard based on air quality monitoring data from 1992, 1993, and 
1994, and that the reasonable further progress and attainment 
demonstration requirements of section 182(b)(1) and related requirements 
of section 172(c)(9) of the Clean Air Act do not apply to the area for 
so long as the area does not monitor any violations of the ozone 
standard. If a violation of the ozone NAAQS is monitored in the Salt 
Lake and Davis Counties ozone nonattainment area, these determinations 
shall no longer apply.

[60 FR 36729, July 18, 1995]



Sec. 52.2333  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met 
since section 26-24-16 of the Utah Code Annotated (1953), may preclude 
the release of emission data, as correlated with applicable emission 
limitations, under certain circumstances.

[37 FR 15090, July 27, 1972, as amended at 51 FR 40676, Nov. 7, 1986]
Secs. 52.2334--52.2345  [Reserved]



Sec. 52.2346  Significant deterioration of air quality.

    (a) The Utah plan, as submitted, is approved as meeting the 
requirements of Part C, Title I, of the Clean Air Act, except that it 
does not apply to sources proposing to construct on Indian Reservations.
    (b) Regulation for prevention of significant deterioration of air 
quality. The provisions of Sec. 52.21 (b) through (v) are hereby 
incorporated by reference and made a part of the Utah State 
Implementation Plan and are applicable to proposed major stationary 
sources or major modifications to be located on Indian Reservations.
    (c) The State of Utah has clarified the generalized language 
contained in the Utah Air Conservation Regulations on the use of the 
``Guidelines on Air Quality Models.'' In a letter to Douglas M. Skie, 
EPA, dated May 26, 1989, F. Burnell Cordner, Director of the Bureau of 
Air Quality stated:

    * * * The language in section 3.7 of the Utah Air Conservation 
Regulations on the use of ``Guidelines on Air Quality Models'' means 
that all PSD permit reviews will comply with the use of the ``Guideline 
on Air Quality Models (Revised)'', EPA 450/2-78-027R, and any future 
supplements approved by EPA.

[47 FR 6428, Feb. 12, 1982, as amended at 54 FR 27881, July 3, 1989]



Sec. 52.2347  Stack height regulations.

    The State of Utah has committed to revise its stack height 
regulations should EPA complete rulemaking to respond to the decision in 
NRDC v. Thomas, 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas 
M. Skie, EPA, dated May 27, 1988, F. Burnell Cordner, Director, Bureau 
of Air Quality, stated:

    * * * We are submitting this letter to allow EPA to continue to 
process our current SIP submittal with the understanding that if the 
EPA's response to the NRDC remand modifies the July 8, 1985 regulations, 
the EPA will notify the State of the rules that must be changed to 
comply with the EPA's modified requirements. The State of Utah agrees to 
process appropriate changes.

[54 FR 24341, June 7, 1989]



Sec. 52.2348  Small business assistance program.

    The Governor of Utah submitted on November 9, 1992, a plan to 
develop and implement a Small Business Assistance Program to meet the 
requirements of section 507 of the Clean Air Act by November 15, 1994. 
The plan commits to provide technical and compliance assistance to small 
businesses, hire an Ombudsman to serve as an independent advocate for 
small businesses, and establish a Compliance Advisory Panel to advise 
the program and report to EPA on the program's effectiveness.

[59 FR 1486, Jan. 11, 1994]

[[Page 930]]



                           Subpart UU--Vermont



Sec. 52.2370   Identification of plan.

    (a) Title of plan: ``State of Vermont Implementation Plan for the 
Achievement of National Air Quality Standards.''
    (b) The plan was officially submitted on January 29, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Notice of public hearing submitted on February 3, 1972, by the 
Vermont Agency of Environmental Conservation.
    (2) Miscellaneous non-regulatory revisions to the plan submitted on 
February 25, 1972, by the Vermont Agency of Environmental Conservation.
    (3) Miscellaneous changes to regulations 5-412, 5-466, 5-467, 5-481, 
5-486, 5-487, and 5-488 submitted on May 19, 1972, by the Vermont Agency 
of Environmental Conservation.
    (4) Revision to the particulate emission limitation or Fuel Burning 
Equipment, revision to Rule 6, ``Rules of Practice,'' of the Air Quality 
Variance Board and miscellaneous non-regulatory revisions submitted on 
March 3, 1975, by the Vermont Agency of Environmental Conservation.
    (5) Revision to Chapter 5, ``Incinerator Emissions'' submitted on 
November 30, 1973, by the Vermont Agency of Environmental Conservation.
    (6) Revision to Vermont Regulations, Chapter 5, ``Air Pollution 
Control'', by letter submitted on July 19, 1976 by the Vermont Agency of 
Environmental Conservation.
    (7) Revision to Regulation 5-231, Prohibition of Particulate Matter, 
section 1, Industrial Process Emissions, with respect to wood processing 
operations, submitted by the Vermont Secretary of Environmental 
Conservation on April 11, 1977.
    (8) Revisions to Chapter 5 of the Vermont Air Pollution Control 
Regulations, submitted by the Secretary of Environmental Conservation on 
February 21, 1978.
    (9) Plans to meet various requirements of the Clean Air Act, 
including Part C, were submitted on March 21 and November 21, 1979. 
Included in these revisions is a program for the review of construction 
and operation of new and modified major stationary sources of pollution 
in attainment areas.
    (10) Attainment plans to meet the requirements of Part D and the 
Clean Air Act, as amended in 1977, were submitted on March 21, November 
21, November 27 and December 19, 1979. Included are plans to attain: The 
secondary TSP standard for Barre City and a portion of the Champlain 
Valley Air Management Area, the carbon monoxide standard in the 
Champlain Valley Air Management Area and the ozone standard in 
Chittenden, Addison, and Windsor Counties. A program was also submitted 
for the review of construction and operation of new and modified major 
stationary sources of pollution in non-attainment areas. Certain 
miscellaneous provisions were also included.
    (11) A plan to provide for public, local and state involvement in 
federally funded air pollution control activities was submitted on March 
28, 1980.
    (12) A plan to attain and maintain the National Ambient Air Quality 
Standard for lead was submitted on June 24, 1980 by the Secretary of the 
Vermont Agency of Environmental Conservation. A letter further 
explaining the state procedures for review ofnew major sources of lead 
emissions was submitted on November 7, 1980 by the Director, Air & Solid 
Waste Programs, Vermont Agency of Environmental Conservation.
    (13) A revision to the air quality monitoring network which meets 
the requirements of 40 CFR part 58, submitted on March 21, 1979 by the 
Governor of Vermont.
    (14) A revision to regulation 5-221(1), ``Sulfur Limitation in 
Fuel,'' submitted by the Secretary of the Vermont Agency of 
Environmental Conservation on November 13, 1979.
    (15) Revisions to amend Regulations 5-101 ``Definitions'', 5-501 
``Review of Construction or Modification of New Air Contaminant 
Sources'', 5-502 ``Major Stationary Sources'', and Section 9 of the non-
regulatory portion of the SIP; to delete Regulations 5-253(1 ``Storage 
of Volatile Organic Compounds'', 5-253(3), ``Bulk Gasoline Terminals'', 
and 5-231(4) ``Potentially Hazardous Particulate Matter''; to add 
Regulation 5-261 ``Control of Hazardous

[[Page 931]]

Air Contaminants''; and to amend Table 3 of the Regulations ``Levels of 
Significant Impact for Nonattainment Areas''; submitted by the Secretary 
of the Vermont Agency of Environmental Conservation on August 24, 1981.
    (16) A revision to Regulation 5-231, ``Prohibition of Particulate 
Matter,'' by the addition of subparagraph (3)(b) submitted by the 
Secretary of the Vermont Agency of Environmental Conservation for all 
but three stationary wood-fired combustion sources (excluded from 
submittal: Moran Generating Station, Burlington Electric Department; 
Rutland Plywood Company; and Cersosimo Lumber Company) on February 12, 
1982.
    (17) A revision to approve Regulation 5-231(3)(b) for Cersosimo 
Lumber Company submitted on March 23, 1983 by the Secretary of the 
Vermont Agency of Environmental Conservation. (Note: The Cersosimo 
Lumber Company was excluded from the original approval of Regulation 5-
231(3)(b) into the Vermont SIP identified at subparagraph (c)(16) 
above.)
    (18) A revision to approve Vermont Regulation 5-231(3)(b) for 
Rutland Plywood Corporation, submitted on October 19, 1984 by the 
Secretary of the Vermont Agency of Environmental Conservation.

    Note: Rutland Plywood Corporation was excluded from the original 
approval of Regulation 5-231(3)(b) in the Vermont SIP, identified at 
paragraph (c)(16) above.

    (19) A plan to protect visibility in the Lye Brook Wilderness, a 
mandatory Class I Federal area, from impairment caused by plume blight 
and to monitor visibility, in fulfillment of the requirements of 40 CFR 
part 51, subpart P. Submitted on April 15, 1986, the plan approves, only 
as they apply to mandatory Class I Federal areas, revisions to Vermont 
Regulations 5-101 (3), (14), (21), (59), and (76); 5-501(4); and 5-502 
(4)(d) and (4)(e).
    (i) Incorporation by reference.
    (A) Amendments to Environmental Protection Regulations Chapter 5, 
Air Pollution Control, Subchapter I. Definitions, 5-101 at subsections 
(3), (14), (21), (59), and (76), filed in its adopted form on September 
2, 1986.
    (B) Amendments to Environmental Protection Regulations Chapter 5, 
Air Pollution Control, Subchapter V. Review of New Air Contaminant 
Sources, 5-501 at subsection (4) requiring responsiveness to comments 
and any analyses submitted by any Federal Land Manager, filed in its 
adopted form on September 2, 1986.
    (C) Amendments to Environmental Protection Regulations Chapter 5, 
Air Pollution Control, Subchapter V. Review of New Air Contaminant 
Sources, 5-502 at subsection (4)(d) requiring a demonstration of no 
adverse impact on visibility in any Class I Federal area; and at 
subsection (4)(e) which reletters the former subsection (4)(d), filed in 
its adopted form on September 2, 1986.
    (ii) Additional material.
    (A) Narrative submittal consisting of two volumes entitled, 
``Implementation Plan for the Protection of Visibility in the State of 
Vermont'' and ``Appendices'' describing procedures, notifications, and 
technical evaluations to fulfill the visibility protection requirements 
of 40 CFR part 51, subpart P.
    (20) Revisions to the State Implementation Plan submitted by the 
Vermont Air Pollution Control Division on December 7, 1990 and January 
10, 1991.

    (i) Incorporation by reference.
    (A) Letter dated December 7, 1990 and letter with attachments dated 
January 10, 1991 from the Vermont Air Pollution Control Division 
submitting revisions to the Vermont State Implementation Plan.
    (B) Section 5-301 ``Scope,'' section 5-309 ``Nitrogen Dioxide--
Primary and Secondary Ambient Air Quality Standards,'' and Table 2 
``Prevention of Significant Deterioration (PSD) Increments,'' of Chapter 
5 ``Air Pollution Control'' of Vermont's Environmental Protection 
Regulations effective in the State of Vermont on December ?, 1990.
    (ii) Additional materials.
    (A) A state implementation plan narrative dated November, 1990 and 
entitled ``State of Vermont Air Quality Implementation Plan.
    (B) Nonregulatory portions of the state submittal.
    (21) Revisions to the State Implementation Plan submitted by the 
Vermont Air Pollution Control Division on August 9, 1993.
    (i) Incorporation by reference.

[[Page 932]]

    (A) Letter dated August 9, 1993 from the Vermont Air Pollution 
Control Division submitting revisions to the Vermont State 
Implementation Plan. Vermont resubmitted Vermont's rule entitled 
``Registration of Air Contaminant Sources,'' Sections 5-801 through 5-
806 and the SIP narrative entitled ``State of Vermont Air Quality 
Implementation Plan, February 1993'' to meet the emission statement 
requirements of the Clean Air Act Amendments of 1990.
    (B) Letter dated February 4, 1993 from the Vermont Air Pollution 
Control Division submitting revisions to the Vermont State 
Implementation Plan which included Vermont's rule entitled 
``Registration of Air Contaminant Sources,'' Sections 5-801 through 5-
806 and the SIP narrative entitled ``State of Vermont Air Quality 
Implementation Plan, February 1993'' to meet the emission statement 
requirements of the Clean Air Act Amendments of 1990. Sections 5-801 
through 5-806 were previously adopted by Vermont and became effective on 
April 20, 1988.
    (C) Section 5-801 ``Definitions,'' section 5-802 ``Requirement for 
Registration,'' section 5-803 ``Registration Procedure,'' section 5-804 
``False or Misleading Information,'' section 5-805 ``Commencement or 
Recommencement of Operation,'' and section 5-806 ``Transfer of 
Operation'' effective on April 20, 1988.
    (ii) Additional materials.
    (A) Vermont's SIP narrative entitled ``State of Vermont Air Quality 
Implementation Plan, February 1993'' which addresses emission statement 
requirements not covered by sections 5-801 through 5-806.
    (B) Letter dated October 5, 1994 from the Vermont Air Pollution 
Control Division which clarifies Vermont procedures in developing the 
emission statement information.
    (C) Nonregulatory portions of the submittal.

[37 FR 10898, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.2370, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.2371   Classification of regions.

    The Vermont plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Champlain Valley Interstate...............................          II         II       III       III        III
Vermont Intrastate........................................          II         II       III       III        III
----------------------------------------------------------------------------------------------------------------

[37 FR 10898, May 31, 1972, as amended at 45 FR 10782, Feb. 19, 1980]



Sec. 52.2372  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Vermont's plan as identified in Sec. 52.2370 for the attainment 
and maintenance of the national standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator finds the plans satisfy all 
requirements of Part D, Title I, of the Clean Air Act, as amended in 
1977, except as noted below. In addition, continued satisfaction of the 
requirements of Part D for the ozone portion of the SIP depends on the 
adoption and submittal of RACT requirements by July 1, 1980 for the 
sources covered by CTGs issued between January, 1978 and January, 1979 
and adoption and submittal by each subsequent January of additional RACT 
requirements for sources covered by CTGs issued by the previous January.

[45 FR 10782, Feb. 19, 1980]



Sec. 52.2373   Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met. 
Vermont does not have the authority to make emissions data available to 
the public since 10 V.S.A. section 363 would require the data to be held 
confidential if a source certified that it related to production or 
sales figures, unique processes, or

[[Page 933]]

would tend to affect adversely the competitive position of the owner.

[37 FR 10899, May 31, 1972, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.2374   General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the plan does not provide for public availability of emission 
data.
    (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-June 30 and July 1-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.

[37 FR 10899, May 31, 1972, as amended at 40 FR 55333, Nov. 28, 1975; 51 
FR 40676, Nov. 7, 1986]



Sec. 52.2375  Attainment dates for national standards.

    The following table presents the latest dates by which the national 
standards are to be attained. The dates reflect the information 
presented in Vermont's plan.

----------------------------------------------------------------------------------------------------------------
                                                                      Pollutant                                 
                                    ----------------------------------------------------------------------------
   Air quality control region and             TSP                   SO2                                         
       nonattainment area\1\        --------------------------------------------    NO2         CO         O3   
                                      Primary   Secondary   Primary   Secondary                                 
----------------------------------------------------------------------------------------------------------------
Champlain Valley Interstate--                                                                                   
 Chittenden County:                                                                                             
Champlain Valley Air Management                                                                                 
 Area:                                                                                                          
  Essex Town (including Essex Jct.)          a          c          a          a          a          b          b
  Burlington City..................          a          c          a          a          a          b          b
  South Burlington City............          a          c          a          a          a          b          b
  Winooski.........................          a          c          a          a          a          b          b
  Remainder of Air Management Area.          a          a          a          a          a          b          b
  Remainder of County..............          a          a          a          a          a          a          b
  Vermont Valley Air Management                                                                                 
   Area............................          a          a          a          a          a          a          a
  Addison County...................          a          a          a          a          a          a          b
  Remainder of AQCR................          a          a          a          a          a          a          a
Vermont Interstate:                                                                                             
Central Vermont Air Management                                                                                  
 Area:                                                                                                          
  Barre City.......................          a          c          a          a          a          a          a

[[Page 934]]

                                                                                                                
  Remainder of Air Management Area.          a          a          a          a          a          a          a
  Windsor County...................          a          a          a          a          a          a          b
  Remainder of AQCR................          a          a          a          a          a          a          a
----------------------------------------------------------------------------------------------------------------
\1\Sources subject to plan requirements and attainment dates established under section 110(a)(2)(A) prior to the
  1977 Clean Air Act Amendments remain obligated to comply with those regulations by the earlier deadlines. The 
  earlier attainment dates are set out at 40 CFR 52.2375 (1978).                                                
                                                                                                                
a. Air quality levels presently below secondary standards or area are unclassifiable.                           
b. 12/31/82.                                                                                                    
c. 12/31/87.                                                                                                    

[45 FR 10782, Feb. 19, 1980; 46 FR 33525, June 30, 1981]



Sec. 52.2377  Review of new sources and modifications.

    Regulation 5-501(3) entitled ``Default Permits'' is disapproved.

[45 FR 10782, Feb. 19, 1980]



Sec. 52.2378  Certification of no facilities.

    On June 6, 1986, the Vermont Agency of Environmental Conservation 
submitted a letter certifying that there are no facilities within the 
State's boundaries subject to the Continuous Emissions Monitoring 
requirements of 40 CFR part 51, Appendix P. This negative declaration 
was submitted to EPA in accordance with 40 CFR 51.19(e).

[51 FR 42221, Nov. 24, 1986]
Sec. 52.2379  [Reserved]



Sec. 52.2380  Significant deterioration of air quality.

    The program to review the construction and operation of new and 
modified major stationary sources in attainment areas is approved as 
meeting the requirements of Part C, except regulation 5-501(3) entitled 
``Default permits'', and a portion of the SIP revision narrative from 
the first full paragraph on pages 9-11 through the first four lines of 
pages 9-12 inclusive, both of which were submitted on March 21, 1979 and 
which are disapproved.

[45 FR 6784, Jan. 30, 1980]



Sec. 52.2381  EPA-approved Vermont state regulations.

    The following table identifies the state regulations which have been 
submitted to and adopted by EPA as revisions to the Vermont State 
Implementation Plan. This table is for informational purposes only and 
does not have any independent regulatory effect. To determine regulatory 
requirements for a specific situation consult the plan identified in 
Sec. 52.2370. To the extent that this table conflicts with 
Secs. 52.2370, 52.2370 governs.

                                     Table 52.2381--EPA-Approved Regulations                                    
                                    [Vermont SIP regulations 1972 to present]                                   
----------------------------------------------------------------------------------------------------------------
                                      Date       Date                                                           
State citation, title and subject   adopted    Approved    Federal Register       Section        Comments and   
                                    by State    by EPA         Citation           52.2370    unapproved sections
----------------------------------------------------------------------------------------------------------------
Chapter 5  Air Pollution Control                                                                                
Subchapter I  Definitions                                                                                       
  Section 5-101  Definitions.....   12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
                                    12/10/72    5/14/73  38 FR 12713.........  (c)(3)......  ...................
                                    11/19/73    3/22/76  41 FR 11819.........  (c)(5)......  ...................
                                    12/16/74    1/21/76  41 FR 3085..........  (c)(4)......  ...................
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  All of 5-101 (1-42)
                                                                                              approved.         
                                     8/12/78    4/16/82  47 FR 16331.........  (c)(16).....  Related to wood-   
                                                                                              fired boilers.    
                                     3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  Related to PSD.    
                                     11/4/79    2/19/80  45 FR 10775.........  (c)(10).....  All of 5-101 (1-62)
                                                                                              approved.         
                                     11/3/81    2/10/82  47 FR 6014..........  (c)(15).....  ...................

[[Page 935]]

                                                                                                                
                                     9/17/86    7/17/87  52 FR 26982.........  (c)(19).....  Related to         
                                                                                              visibility in     
                                                                                              Class I areas. 5- 
                                                                                              101(3), (14),     
                                                                                              (21), (59), and   
                                                                                              (76) approved.    
Subchapter II  Prohibitions                                                                                     
  Section 5-201  Open burning       12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   prohibited.                                                                                                  
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
  Section 5-202  Permissible open   12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   burning.                          1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
  Section 5-203  Procedures for     12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   local authorities to burn         1/25/78   12/21/78  43 FR 59496.........  (c)(8)......                     
   natural wood.                                                                                                
  Section 5-211  Prohibition of     12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   visible air contaminants.         1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  5-211 (1)(2)       
                                                                                              approved.         
                                     8/12/78    4/16/82  47 FR 16331.........  (c)(16).....  5-211 (3) not      
                                                                                              approved.         
  Section 5-221  Prohibition of     12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   potentially polluting             3/16/75     1/8/82  47 FR 948...........  (c)(14).....  Except 5-221(c) (i)
   materials in fuel.                                                                         and (ii). Includes
                                                                                              Moran Sta. Bubble 
                                                                                              Approval.         
                                     7/12/76     2/4/77  42 FR 6811..........  (c)(6)......  ...................
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
  Section 5-231  Prohibition of     12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   particulate matter.              12/10/72    5/14/73  38 FR 12713.........  (c)(3)......  ...................
                                    11/19/73    3/22/76  41 FR 11819.........  (c)(5)......  Regarding          
                                                                                              incinerators.     
                                    12/16/74    1/21/76  41 FR 3085..........  (c)(4)......  Regarding          
                                                                                              combustion        
                                                                                              contaminants.     
                                     7/12/76     2/4/77  42 FR 6811..........  (c)(6)......  Regarding          
                                                                                              incinerators      
                                                                                              asphalt plants.   
                                     3/14/77     8/2/78  43 FR 33918.........  (c)(7)......  Regarding wood     
                                                                                              processing plants.
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
                                     8/12/78    4/16/82  47 FR 16331.........  (c)(16).....  Except Cersosimo   
                                                                                              Lumber, Rutland   
                                                                                              Plywood, Moran    
                                                                                              Sta.              
                                    11/13/81    2/10/82  47 FR 6014..........  (c)(15).....  Repealed 5-231 (4).
                                   .........    8/23/83  48 FR 38235.........  (c)(17).....  Approved for       
                                                                                              Cersosimo Lumber. 
                                   .........    2/26/85  50 FR 7767..........  (c)(18).....  Approved for       
                                                                                              Rutland Plywood.  
  Section 5-241  Prohibition of     12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   nuisance and odor.               11/19/73    3/22/76  41 FR 11819.........  (c)(5)......  ...................
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
  Section 5-251  Control of         12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   nitrogen oxides emissions.        1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
                                     3/25/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
                                     11/4/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-252  Control of          7/12/76     2/4/77  42 FR 6811..........  (c)(6)......  ...................
   sulfur dioxide emissions.         1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
                                     11/4/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-261  Control of          11/3/81    2/10/82  47 FR 6014..........  (c)(15).....  ...................
   hazardous air contaminants.                                                                                  
Subchapter III  Ambient Air                                                                                     
 Quality Stds                                                                                                   
  Section 5-301  Scope...........   12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
                                    12/15/90     3/5/91  56 FR 9177..........  (c)(20).....  ...................
  Section 5-302  Sulfur dioxide     12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   primary.                                                                                                     
                                     7/12/76     2/4/77  42 FR 6811..........  (c)(6)......  ...................
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................

[[Page 936]]

                                                                                                                
  Section 5-303  Sulfur dioxide     12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   (secondary).                      7/12/76     2/4/77  42 FR 6811..........  (c)(6)......  ...................
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-304  TSP (primary)...   12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-305  TSP (secondary).   12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-306  Carbon monoxide    12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   primary/secondary.               11/19/73    3/22/76  41 FR 11819.........  (c)(5)......  ...................
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-307  Ozone primary/     12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   secondary.                       12/16/74    1/21/76  41 FR 3085..........  (c)(4)......  ...................
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-308  Lead (primary/      11/3/81    2/10/82  47 FR 6014..........  (c)(15).....  ...................
   secondary).                                                                                                  
  Section 5-309  Nitrogen dioxide   12/15/90     3/5/91  56 FR 9177..........  (c)(20).....  ...................
   primary/secondary.                                                                                           
Subchapter IV  Operations/                                                                                      
 Procedures                                                                                                     
  Section 5-401  Classification      3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
   of air contaminant sources.                                                                                  
  Section 5-402  Written reports    12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   when requested.                  12/10/72    5/14/73  38 FR 12713.........  (c)(3)......  ...................
                                    11/19/73    3/22/76  41 FR 11819.........  (c)(5)......  ...................
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  5-402(1) only.     
  Section 5-403  Circumvention...   12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
  Section 5-404  Methods for        12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   sampling and testing of           1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
   sources.                                                                                                     
                                     3/24/78    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-405  Required air       12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   monitoring.                                                                                                  
                                     3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  For PSD Plan.      
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  For NSR Plan.      
  Section 5-406  Required air        3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  For PSD Plan.      
   modeling.                                                                                                    
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  For NSR Plan.      
Subchapter V  Review of New Air                                                                                 
 Contaminant Sources                                                                                            
  Section 5-501  Review of          12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   construction or modification     12/10/72    5/14/73  38 FR 12713.........  (c)(3)......  ...................
   of air contaminant sources.       1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
                                     3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  Except 5-501(3).   
                                    11/04/79    2/19/80  45 FR 10775.........  (c)(10).....  Except 5-501(3).   
                                    11/03/81    2/10/82  47 FR 6014..........  (c)(15).....  ...................
                                     9/17/86    7/17/87  52 FR 26982.........  (c)(19).....  Related to         
                                                                                              visibility in     
                                                                                              Class I areas. 5- 
                                                                                              501(4) approved.  
  Section 5-502  Major stationary    3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  Except 5-502(5).   
   sources and major                11/04/79    2/19/80  45 FR 10775.........  (c)(10).....  Except 5-502(5).   
   modifications.                                                                                               
                                    11/03/81    2/10/82  47 FR 6014..........  (c)(15).....  ...................
                                     9/17/86    7/17/87  52 FR 26982.........  (c)(19).....  Related to         
                                                                                              visibility in     
                                                                                              Class I areas. 5- 
                                                                                              502 (4)(d) and    
                                                                                              (4)(e) approved.  
Subchapter VII  Motor vehicle                                                                                   
 emissions                                                                                                      
  Section 5-701  Removal of         12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   control devices.                  3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-702  Excessive smoke    12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   emissions from motor vehicles.    3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-801  Effective date..    3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  ...................
Table 1--Process weight standards   12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
Figure 1--Fuel-burning equipment.   12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
                                     7/12/76     2/4/77  42 FR 6811..........  (c)(6)......  ...................
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
Table 2--PSD increments..........    3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  ...................
                                    12/15/90     3/5/91  56 FR 9177..........  (c)(20).....  Addition of NO2    
                                                                                              increments for    
                                                                                              Class I, II, and  
                                                                                              III areas.        
Table 3--Levels of significant       3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
 impact for nonattainment areas.     11/4/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................

[[Page 937]]

                                                                                                                
                                     11/3/81    2/10/82  47 FR 6014..........  (c)(15).....  ...................
Definitions......................    4/20/88    1/10/95  60 FR 2527..........  (c)(21).....                     
  Section 5-802, Requirement for     4/20/88    1/10/95  60 FR 2527..........  (c)(21).....                     
   Registration.                                                                                                
  Section 5-803, Registration        4/20/88    1/10/95  60 FR 2527..........  (c)(21).....                     
   Procedure.                                                                                                   
  Section 5-804, False or            4/20/88    1/10/95  60 FR 2527..........  (c)(21).....                     
   Misleading Information.                                                                                      
  Section 5-805, Commencement or     4/20/88    1/10/95  60 FR 2527..........  (c)(21).....                     
   Recommencement of Operation.                                                                                 
  Sections 5-806, Transfer of        4/20/88    1/10/95  60 FR 2527..........  (c)(21).....                     
   Operation.                                                                                                   
----------------------------------------------------------------------------------------------------------------

[49 FR 46142, Nov. 23, 1984, as amended at 50 FR 7768, Feb. 26, 1985; 50 
FR 23810, June 6, 1985; 52 FR 26982, July 17, 1987; 56 FR 9177, Mar. 5, 
1991; 60 FR 2527, Jan. 10, 1995]



Sec. 52.2382  Rules and regulations.

    (a) Non-Part D--No Action. EPA is neither approving or disapproving 
the following elements of the revisions:
    (1) Permit fees.
    (2) Intergovernmental consultation.
    (3) Stack height requirements.
    (4) Interstate pollution notification requirements.
    (5) Conflict of interest requirements.
    (b) Regulation for visibility monitoring and new source review. The 
provisions of Secs. 52.26 and 52.27 are hereby incorporated and made a 
part of the applicable plan for the State of Vermont.

[45 FR 10782, Feb. 19, 1980, as amended at 45 FR 59315, Sept. 9, 1980; 
46 FR 66789, Oct. 8, 1980; 46 FR 16897, Mar. 16, 1981; 50 FR 28553, July 
12, 1985]



Sec. 52.2383  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met because the plan does not include approvable procedures meeting the 
requirements of 40 CFR 51.305 and 51.307 for protection of visibility in 
mandatory Class I Federal areas.
    (b) Regulations for visibility monitoring and new source review. The 
provisions of Secs. 52.26 and 52.27 are hereby incorporated and made 
part of the applicable plan for the State of Vermont.

[51 FR 5505, Feb. 13, 1986]



Sec. 52.2384  Stack height review.

    The State of Vermont has declared to the satisfaction of EPA that no 
existing emission limitations have been affected by stack height credits 
greater than good engineering practice or any other prohibited 
dispersion techniques as defined in EPA's stack height regulations, as 
revised on July 8, 1985. This declaration was submitted to EPA on March 
21, 1986. The State has further declared in a letter from Harold T. 
Garabedian, dated March 21, 1986, that, ``[T]he State concludes that our 
present rule 5-502(4)(d) is adequate to insure that new emission sources 
will not be able to use credits from modeling ambient impacts at greater 
than `good engineering practice' stack height or from using `other 
dispersion techniques.' '' Thus, Vermont has satisfactorily demonstrated 
that its regulations meet 40 CFR 51.118 and 51.164.

[52 FR 49407, Dec. 31, 1987]



Sec. 52.2385  Requirements for state implementation plan revisions relating to new motor vehicles.

    Vermont must comply with the requirements of Sec. 51.120.

[60 FR 4738, Jan. 24, 1995]



                          Subpart VV--Virginia



Sec. 52.2420   Identification of plan.

    (a) Title of plan: ``Implementation Plan of Virginia.''
    (b) The plan was officially submitted on January 30, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory additions and errata to the plan 
submitted on May 4, 1972, by the Virginia Air Pollution Control Board.

[[Page 938]]

    (2) Revisions to control strategy for particulate matter, section 
IV, Rules 3 and 7 of the Virginia Air Pollution Control Regulations, and 
public availability of emission data regulation submitted June 30, 1972, 
by the Governor.
    (3) Revisions to nitrogen dioxide control strategy regulations 
section 705.05 of the Virginia Air Pollution Control Regulations, 
submitted July 26, 1972, by the Governor.
    (4) Miscellaneous non-regulatory additions to the plan submitted on 
February 14, 1973, by the Governor.
    (5) Transportation control plan for National Capital AQCR submitted 
April 11, 1973, by the Governor.
    (6) Amendments to the National Capital AQCR Transportation Control 
Plan submitted on May 30, 1973, by the Governor.
    (7) Amendments to the National Capital AQCR Transportation Control 
Plan submitted on July 11, 1973, by the Governor.
    (8) Amendments to the National Capital AQCR Transportation Control 
Plan submitted on July 9, 1973, by the Governor.
    (9) Miscellaneous non-regulatory additions to the plan submitted on 
August 10, 1973, by the Governor.
    (10) Revision to plan setting forth control strategy for particulate 
matter in the State Capital AQCR submitted August 20, 1973, by the 
Governor.
    (11) Indirect Source Review plan was submitted December 6, 1973, by 
the State Air Pollution Control Board.
    (12) Revisions to air quality standards for sulfur oxides section 
3.703 of the Commonwealth of Virginia's Regulations for the Control and 
Abatement of Air Pollution, submitted February 12, 1974, by the Virginia 
Air Pollution Control Board.
    (13) AQMA designations were submitted on May 7, 1974 by the Governor 
of the State of Virginia.
    (14) Revision deleting preface to the State air pollution control 
regulations submitted May 24, 1974 by the Virginia Air Pollution Control 
Board.
    (15) An amendment to Section 2.05(a) (Variances) former Section 
2.01(f) of the Commonwealth of Virginia Regulations for the Control and 
Abatement to Air Pollution submitted on August 14, 1975 by the 
Commonwealth Secretary of Commerce and Resources.
    (16) A variance to allow the operation of the Alexandria City 
Incinerator in excess of the federally approved particulate emission 
limitations for incinerators until December 31, 1979, by the 
Commonwealth Secretary of Commerce and Resources.
    (17) Amendment to section 7.02 (Episode Determination) [former 
sections 6.01(b), 6.701(b)] of the Commonwealth of Virginia for the 
Control and Abatement of Air Pollution submitted on January 29, 1976, by 
the Secretary of Commerce and Resources.
    (18) Amendment to sections 7.01 (General) [former section 6.700] and 
7.02 (Episode Determination) [former section 6.701(b)] of the 
Commonwealth of Virginia Regulations for the Control and Abatement of 
Air Pollution submitted on March 11, 1977, by the Secretary of Commerce 
and Resources.
    (19) Amendments to Part I, Subpart 1.01 (Certain Terms Defined) and 
to Part IV, Section 4.52 (former Section 4.705.13) of the Commonwealth 
of Virginia Regulations for the Control and Abatement of Air Pollution 
submitted on April 16, 1974, by the Commonwealth Secretary for Commerce 
and Resources.
    (20) Amendments to Part I (Definitions), Sections 1.01 and 1.02; 
amendments to Part II (General), Sections 2.01, 2.03, 2.04, 2.07, 2.08, 
2.10, 2.12, 2.30, and 2.31; amendments to Part III (Ambient Air Quality 
Standards), Sections 3.01, 3.03 [sections 3.03(b)(1) and 3.03(b)(2) are 
deleted] 3.04, 3.05, 3.06, 3.07 and deletion of Section 3.08; amendments 
to Part IV (Existing Sources), Sections 4.01, 4.20, 4.40, 4.41, 4.51(b) 
through 4.51(g), 4.70, 4.71, 4.80-4.86, 4.90-4.92, and 4.100-4.102 and 
deletion of Section 4.07.02; amendments to Part VII (Air Pollution 
Episode), Sections 7.01, 7.02, and 7.05; and amendments to Appendices A, 
B, C (former Appendix A), D, E [former Section 4.08.04], G, H, and I 
submitted on August 14, 1975 by the Secretary of Commerce and Resources.
    (21) Deletion of former Section 4.703.04 (Bacharach Standard) 
submitted on June 16, 1976 by the Secretary of Commerce and Resources.

[[Page 939]]

    (22) Amendments to Part I (Definitions), Section 1.01, submitted on 
October 20, 1976 by the Secretary of Commerce and Resources.
    (23) Amendment to Section 10-17.21 of the Virginia Air Pollution 
Control Law submitted August 1975 by the Commonwealth.
    (24) Amendment to subsection 4.52(e) (former section 4.705.03) of 
the Virginia regulations for the control and abatement of air pollution; 
submitted on April 16, 1974, as amended June 16, 1976, by the secretary 
of commerce and resources.
    (25) A variance issued to the Spruance, Virginia plant of E.I. 
DuPont de Nemours and Company exempting one of their boilers from Rule 
EX-3 until December 31, 1980, submitted on December 13, 1978 by the 
Secretary of Commerce and Resources.
    (26) On November 28, 1977 the State submitted an amendment to the 
Virginia SIP consisting of a permit extension and an emission offset for 
the Hampton Roads Energy Company's proposed refinery and terminal in 
Portsmouth, Virginia. This submittal was supplemented by the 
Commonwealth on March 17, 1978, May 26, 1978, August 9, 1978, and 
October 5, 1979. The March 17th submittal included a letter dated March 
6, 1978 from the Commission of the Virginia Department of Highways and 
Transportation committing to a reduction of nonmethane hydrocarbon 
emissions through the substitution of emulsion-based asphalt for 
solvent-based asphalt thus providing the needed emission offset. This 
letter is an addendum to the Virginia SIP. The State-issued permit to 
HREC, as amended, is also made part of the Virginia SIP.
    (27) On January 11, 1979, the Governor submitted the nonattainment 
area plans for Virginia with respect to ozone and carbon monoxide.
    (28) The following portions of Virginia's September 6, September 21, 
and December 17, 1979, submittals are approved:
    (i) September 6, 1979, submittal: Section 2.33(g)(1)(vi) of the 
regulation.
    (ii) September 21, 1979, submittal, the following Sections of 
Virginia's regulations: Sections 4.57(b)(2)(ii); 4.55(f)(4)(i); 4.56(e); 
4.52(a); 2.03(a)(1); 2.33(f)(3); Part I of the regulations, the 
definitions of ``Delayed Compliance Order'' and ``Nonattainment Area;'' 
Sections 4.02(f)(1) through 4.02(f)(5); Appendix N; and those portions 
of Sections 4.54, 4.55 and 4.56 where the phrase ``will be considered 
acceptable compliance by the Board'' has been modified.
    (iii) December 17, 1979, submittal: Chapter 3, Control Strategy 
Demonstration, design value for Northern Virginia.
    (29) The following portions of Virginia's August 14, 1975, August 
31, 1977, and January 11, 1979, submittals as they relate to Section 
2.33 are approved:
    (i) August 14, 1975, submittal: Section 2.33 (b) and (i).
    (ii) August 31, 1977, submittal: Section 2.33(h).
    (iii) January 11, 1979, submittal: Section 2.33 (a), (c), (d), (e), 
(f), (g) and (k).
    (30) Amendments of Part I (Definitions), section 1.02; Part II 
(General Provisions). Sections 2.02 (a), (c), and (e) (former section 
2.11 (a), (b), and (d)), section 2.05(b), section 2.11; and Part IV 
(Regulations for Existing sources), sections 4.10, 4.11, and 4.13 
deletion of the following regulations from Part IV: Former sections 
4.03.02, 4.05.03, 4.05.04, 4.05.05(b), 4.10.03, 4.705.04, and 4.705.05 
submitted on August 14, 1975 by the Secretary of Commerce and Resources.
    (31) Amendments on Part I (Definitions), section 1.02; Part III 
(Ambient Air Quality Standards), section 3.02(c); Part IV (Special 
Provisions), section 4.02(a), (a)(1), (a)(2), (b), (c), and (d) 
(Formerly section 2.04) and section 4.03; and Part VII (Air Pollution 
Episode), sections 7.04 (a), (b), (d), and (e) submitted on October 20, 
1976 by the Secretary of Commerce and Resources.
    (32) Amendments of Part II, (General Provisions), section 2.02(b) 
submitted on March 11, 1977, by the Secretary of Commerce and Resources.
    (33) Amendments on Part II, (General Provisions), section 2.02(d) 
submitted on September 20, 1978, by the Secretary of Commerce and 
Resources.
    (34) Amendments to Part II (General Provisions), section 2.06 (b) 
and (c); and Part VII (Air Pollution Episode), section 7.03(d); and 
deletion of Part IV (Existing Sources), Rule EX-7, section 4.07.05 
submitted on August 14, 1975, by

[[Page 939]]

the Secretary of Commerce and Resources.
    (35) Amendments to Part I (Definitions), section 1.02; Part II 
(General Provisions), section 2.06 (a) and (d); Part III (Ambient Air 
Quality Standards), section 3.02 (a) and (b); Part IV (Existing 
Sources), sections 4.20, 4.21, 4.23 (formerly sections 4.41), 4.25, 
4.26, 4.27, and 4.51(a), Part VII (Air Pollution Episode), former 
section 4.51(b) through (g) are changed to section 4.51 (c) through (h). 
Sections 7.01(b) and 7.02 (a), (b), and (d); and Appendix A; and, 
deletion of former sections 4.20, 4.21, and 4.22 submitted on September 
20, 1978 by the Secretary of Commerce and Resources.
    (36) Amendments to Part VII (Air Pollution Episode), sections 7.03 
(c) and (e) and 7.04(c); and deletion of Part II (General Provisions), 
section 2.04(a)(2) as submitted on March 11, 1977 by the Secretary of 
Commerce and Resources.
    (37) Amendments to Part I (Definitions), section 1.02; Part IV 
(Existing Sources), Rule EX-2, section 4.22; and Part VII (Air Pollution 
Episode), section 7.03 (a) and (b) as submitted on September 21, 1979 by 
the Secretary of Commerce and Resources.
    (38) A revision submitted by the Commonwealth of Virginia on March 
24, 1980 which is intended to establish an Ambient Air Quality 
Monitoring Network.
    (39) Amendments to Part I (Definitions), section 1.02; and Part IV 
(Emission Standards for Particulate Emissions from Fuel Burning 
Equipment, Rule EX-3), sections 4.30, 4.31 (except section 4.31(d)(3)) 
and 4.32 submitted on September 21, 1979.
    (40) A revision submitted by the Commonwealth of Virginia on January 
9, 1979 consisting of an amendment to the Virginia Regulations for the 
Control and Abatement of Air Pollution, Part IV, Rule EX-2, Emission 
Standards for Visible Emissions.
    (41) A revision submitted by the Commonwealth of Virginia on August 
13, 1979 consisting of a variance from Part IV, Rule EX-10, Sections 
4.100(a)(1), (2) and (3) for preparing cars for overseas shipment at the 
Exchange Service Station on the Naval Base in Norfolk, Virginia.
    (42) A variance issued to the Union Camp Corporation Particleboard 
Plant located at Franklin, Virginia exempting dryers 1FSD, 2FSD, and 
pre-dryer 3FSD from Part IV, Rule EX-4, Section 4.41(i) until December 
15, 1981, submitted on July 28, 1980 and amended on April 16, 1981 by 
the Virginia Secretary of Commerce and Resources.
    (43) The variance issued to the Norfolk Naval Shipyard located at 
Portsmouth, Virginia exempting the salvage fuel-fired boilers and the 
power plant boilers from Sections 4.22 and 4.31(a)(1) until July 31, 
1982, submitted on August 29, 1980 and amended on May 5, 1981 by the 
Secretary of Commerce and Resources.
    (44) A revision submitted by the Commonwealth of Virginia on June 
19, 1980 consists of a 1979 Amendment to the provisions of Section 10-
17.12 (Qualifications of members of Board) of the Virginia Air Pollution 
Control Law.
    (45) A revision submitted by the Commonwealth of Virginia on August 
19, 1980 consisting of amendments to Section 1.02, 4.10, 4.11, 4.12, 
4.13, and 4.102; and Appendix C of the Virginia Air Pollution Control 
Board Regulations.
    (46) The variance issued to the Municipal Incinerator on Oyster 
Point Road located at Newport News, Virginia exempting the incinerator 
from Section 4.71 until July 1, 1982, submitted on May 1, 1981 by the 
Secretary of Commerce and Resources.
    (47) Amendments to Chapter 1 of all nonattainment plans; amendments 
to Chapter 11 of the Richmond, Northern Virginia, Peninsula and 
Southeastern plans; amendments to Chapter 9 of the Roanoke and Stafford 
plans; addition of Appendices A and B to all plans; amendments to 
Chapter 3 of the Northern Virginia, Peninsula, Southeastern, Roanoke and 
Stafford plans; amendments to Chapter 10 of the Richmond, Peninsula and 
Southeastern plans; addition of Appendix C to the Northern Virginia 
Plan; and, certain revisions to Chapter 5 of all plans were submitted by 
the Secretary of Commerce and Resources on April 13, 1981. Revision of 
Chapter 10 of the Northern Virginia plan submitted on July 23, 1981.
    (48) The revisions submitted on December 17, 1979 by the Secretary 
of Commerce and Resources related to the

[[Page 941]]

ozone and carbon monoxide nonattainment area plans, except section 1.02, 
``Vapor Tight'', sections 4.54(h), 4.56(h), 4.55(m)(2), and 4.57(a)(5), 
Chapter 3 of the Roanoke plan, Chapter 6 of the Peninsula, Richmond, and 
Southeastern Virginia plans, and Appendix P.
    (49) The May 15, 1980 revision, as amended by the April 3, 1981 
revision, submitted by the Secretary of Commerce and Resources 
pertaining to Chapter 9 of the Richmond and Northern Virginia 
nonattainment plans. This submittal includes the State Statute 
authorizing an Inspection and Maintenance program and a schedule for the 
implementation of this program.
    (50) Amendments to Part II (General Provisions), Sections 2.33(a)(5) 
and 2.34(i) submitted on February 19, 1981, by the Secretary of Commerce 
and Resources.
    (51) Revisions to section 1.02 (Terms Defined) of Part I 
(Definitions) and Section 4.51(c)(2) of Part IV (Rule EX-5, Emission 
Standards for Gaseous Pollutants) were submitted by the Secretary of 
Commerce and Resources, Commonwealth of Virginia, on September 28, 1978.
    (52) A revision submitted by the Commonwealth of Virginia on October 
20, 1976 consisting of amendments to sections 2.34(a), 2.34(b), and 
2.34(h) of the Virginia Air Pollution Control Board Regulations.
    (53) A revision submitted by the Commonwealth of Virginia on 
September 20, 1978 consisting of amendments to Part I, Definitions, 
modification of ``Combustion Installation''; and sections 4.02(a)(2), 
4.02(e), and 4.21 of the Virginia Air Pollution Control Board 
Regulations.
    (54) A revision submitted by the Commonwealth of Virginia on 
September 6, 1979 consisting of amendments to Part I, Definitions; 
sections 2.33(a), 2.33(c), 2.33(d), 2.33(e), 2.33(h), 2.33(k), 2.33(m), 
3.05(a), 3.05(b), 3.05(c), 4.02(g) (2), (3), (4), (5), and (6), 4.23, 
4.40, 4.41, 4.90, 4.91, 4.92(b), 4.93(b), 7.01(b), 7.02(a), 7.02(b), 
7.02(d); and, Appendix C of the Virginia Air Pollution Control Board 
Regulations.
    (55) A revision submitted by the Commonwealth of Virginia on 
September 21, 1979 consisting of amendments to Part I, Definitions; 
sections 2.03(c), 2.03(e), 2.09(d), 2.09(f), 2.34(c), 2.34(d), 2.34(e), 
2.34(f), 2.34(g), 4.02(f) (7) through (10), 4.54(a), 4.54(b), 4.54(c), 
4.54(e), 4.54(f), 4.54(g), 4.55(a), 4.56(a), 4.56(c), 4.56(d), 4.56(f), 
4.56(g), 4.57(a), 4.57(b); and Appendix M of the Virginia Air Pollution 
Control Board Regulations.
    (56) The variance issued to the Southside Mental Health and Mental 
Retardation Support Unit located in Petersburg, Virginia exempting the 
facility from Sections 4.22 and 4.31(a)(1)(ii) until June 30, 1982. It 
was submitted on May 28, 1981 and amended on August 5, 1981.
    (57) A revision submitted by the Commonwealth of Virginia on October 
20, 1976 consisting of the addition of Sections 1.02, (Definition of 
Continuous Emission Monitoring); 4.04 (a) through (f); 4.05 (a) through 
(e); and Appendix J, except for Part II, Sections a.2. and d.2.
    (58) A revision submitted by the Commonwealth of Virginia on 
September 20, 1978 consisting of amendments to Sections 4.04 (a)(1) and 
(b); 4.04(e); Appendix J; and, the addition of Sections 4.24 (a), (b) 
and (c).
    (59) Amendments to sections 1.02, 4.56(f)(3), and Appendix M as 
submitted on April 13, 1981 by the Secretary of Commerce and Resources.
    (60) Revisions submitted on February 16, 1981, except the compliance 
schedules contained in Chapter 7, by the Secretary of Commerce and 
Resources related to the ozone and carbon monoxide nonattainment plan 
for the Richmond area.
    (61) Amendments to Part III, Ambient Air Quality Standards, Section 
3.08, Lead, submitted on December 30, 1980 by the Secretary of Commerce 
and Resources.
    (62) A variance issued to the U.S. Marine Corps Quantico Base 
Central Heating Plant located in Prince William County, Virginia, 
exempting their boilers from Rules EX-2 and EX-3 until October 31, 1984, 
submitted on November 5, 1980, revised on December 16, 1981 and further 
revised December 1, 1983 by the Commonwealth of Virginia.
    (63)  [Reserved]
    (64) Amendments to Part V, sections 5.01, 5.13, and 5.17 as 
submitted on August 14, 1975 by the Secretary of Commerce and Resources.

[[Page 942]]

    (65) Amendments to Part V, sections 5.02 (b) through (d), 5.03, 5.04 
(b) through (d) and (f), and 5.05 as submitted on October 20, 1976 by 
the Secretary of Commerce and Resources.
    (66) Amendments to Part V, sections 5.02 (a) and (e), 5.04 (a) and 
(e), 5.10, 5.14, 5.15, and 5.16 as submitted September 20, 1978 by the 
Secretary of Commerce and Resources.
    (67) Amendments to Part V, sections 5.40 and 5.45 as submitted on 
September 6, 1979 by the Secretary of Commerce and Resources.
    (68) Amendment to Part V, section 5.12 as submitted on September 21, 
1979 by the Secretary of Commerce and Resources.
    (69) Amendments to Part I, section 1.02, Part II, sections 2.31, 
2.33 (a) through (e), (g), (k), and (m), Part IV, Rule EX-4, section 
4.41(b)(4), Part V, Rule NS-4, sections 5.42, 5.43, and 5.44, Part VIII, 
section 8.02 and Appendix L as submitted August 18, 1981 by the 
Secretary of Commerce and Resources.
    (70) Revisions submitted on July 13, 1981 and August 10, 1981, 
pertaining to the Inspection and Maintenance Program in the Northern 
Virginia AQCR, by the Secretary of Commerce and Resources.
    (71) Amendments to Part IV, Emission Standards for Open Burning 
(RULE EX-1), Section 4.11 to the Virginia Regulations for the Control 
and Abatement of Air Pollution, submitted on May 26, 1982 by the 
Commonwealth of Virginia.
    (72)  [Reserved]
    (73) A revision submitted by the Commonwealth of Virginia on 
December 17, 1979 consisting of revisions to Chapter 3 of the Roanoke 
Plan and a revised Appendix P.
    (74) Amendments to sections 1.02; 2.04(a); 2.14; 2.32(c); 2.33(j); 
2.34(g); 4.02 (f) and (g); 4.54; 4.55; 4.56; 4.57; 4.94; 5.02(f); 
8.02(o); and Appendix J, Part II, sections a.2. and d.2; submitted on 
December 27, 1982 by the Commonwealth of Virginia.
    (75) Amendments to sections 4.56, 5.02(a), and 5.15; submitted on 
January 5, 1983 by the Commonwealth of Virginia.
    (76) Amendments to section 4.51(b) of the Virginia Air Pollution 
Control Board Regulations submitted on September 20, 1978 by the 
Commonwealth of Virginia.
    (77)  [Reserved]
    (78) The Washington Metropolitan Air Quality Plan for the Northern 
Virginia Nonattainment Area for Ozone and Carbon Monoxide Air Quality 
Standards submitted by the Virginia State Air Pollution Control Board on 
January 12, 1983.
    (79) Amendments to Appendix I of the Virginia Regulations for the 
Control and Abatement of Air Pollution consisting of confirmation of 
local government commitments by Fairfax County and Loudoun County to 
implement the Northern Virginia nonattainment plan; submitted on 
December 3, 1982 by the Virginia State Air Pollution Control Board.
    (80)  [Reserved]
    (81) Amendments to sections 1.02, 2.33, 4.02, and 5.02 of the 
Virginia Regulations for the Control and Abatement of Air Pollution 
submitted on January 24, 1983 by the Virginia State Air Pollution 
Control Board.
    (82) Amendment for an alternate compliance schedule for the Ford 
Motor Company plant in Norfolk, Virginia submitted on December 30, 1982 
by the Virginia State Air Pollution Control Board.
    (83) Approval of an alternative emissions reduction plan for total 
suspended particulates at the Reynolds Aluminum Company's Bellwood 
reclamation facility located in Chesterfield County, Virginia submitted 
on April 1, 1983 by the Commonwealth of Virginia.
    (84) A variance issued to the City of Portsmouth, exempting their 
Municipal Incinerator from Rule EX-7, section 4.71 for particulate 
emissions until February 15, 1985, submitted on May 6, 1983 by the 
Commonwealth of Virginia.
    (85) Amendments to the Department of State Police Administrative and 
Procedural Regulations for the Motor Vehicle Inspection and Maintenance  
 (I/M) Program submitted on December 29, 1982 by the Virginia State Air 
Pollution Control Board.
    (86) Amendments to section 4.103 of the Virginia Regulations for the 
Control and Abatement of Air Pollution

[[Page 943]]

submitted on June 5, 1984 by the Virginia State Air Pollution Control 
Board.
    (87) A revision to the Virginia State Implementation Plan was 
submitted on December 17, 1984 by the Virginia State Air Pollution 
Control Board.
    (i) Incorporation by reference.
    (A) A letter dated November 29, 1984 from the Virginia State Air 
Pollution Control Board to the Ford Motor Company containing a 
compliance schedule for installing the electrophoretic deposition 
process (EDP) for prime coating operations at the Norfolk assembly 
plant, adopted on November 26, 1984.
    (ii) Additional material.
    (A) Technical Support Document dated November 26, 1985, prepared by 
the Virginia State Air Pollution Control Board.
    (88) The repeal of Sec. 52.2420(c)(26) pertaining to a permit and 
emission offset for the Hampton Roads Energy Company's proposed refinery 
and terminal in Portsmouth, Virgina.
    (89) Revisions to the Virginia Regulations for the Control and 
Abatement of Air Pollution were submitted on February 15, 1985 by the 
Commonwealth of Virginia:
    (i) Incorporation by reference.
    (A) Letter of February 15, 1985 from the Virginia State Air 
Pollution Control Board transmitting a recodification and restructuring 
of the Virginia Regulations for the Control and Abatement of Air 
Pollution.
    (B) The following provisions of the Virginia regulations, effective 
February 1, 1985:

                     (1) Part I  General Definitions

    Sections 120-01-01, 120-01-02 (former sections 1.01, 1.02) (except 
for definitions of ``dispersion technique,'' ``excessive 
concentrations,'' ``good engineering practice (GEP) stack height,'' 
``hazardous air pollutant,'' ``nearby,'' ``stationary source'' and 
``variance'').

                     (2) Part II  General Provisions

    Sections 120-02-01 through 120-02-04 (former sections 2.01-2.04); 
120-02-05A (former section 2.05A); 120-02-06 through 120-02-07 (former 
sections 2.06-2.07) 120-02-11, 120-02-14 (former sections 2.11, 2.14); 
120-02-31, 120-02-32, and 120-02-34 (former sections 2.31, 2.32, 2.34).

    Note: SIP Sections 2.09, 2.10, 2.12, and 2.30 have been redesignated 
as Sections 120-02-09, 120-02-10, 120-02-12, and 120-02-30 respectively. 
There are no wording changes. SIP Section 2.33 has been moved to Part 
VIII.

               (3) Part III  Ambient Air Quality Standards

    Sections 120-03-01 through 120-03-05 (former sections 3.01-3.05), 
120-03-07, 120-03-08 (former Sections 3.07-3.08)

          (4) Part IV  Emission Standards From Existing Sources

Sections 120-04-01 through 120-04-05 (except for sections 120-04-02.A.3. 
and 120-04-02I).
Rule 4-4, Sections 120-04-0401, 120-04-0402.A.-C. (definitions of ``heat 
input'' and ``rated capacity'' only), 120-04-0407, 120-04-0408, 120-04-
0411 through 120-04-0417.
Rules 4-5, 4-6, 4-23, and 4-38 (except for sections within each rule 
pertaining to control of odors and noncriteria pollutants).
Rule 4-7  (except for sections 120-04-0706 through 120-04-0708).
Rule 4-8, Sections 120-04-0801, 120-04-0802.A.-C. (except for 
definitions of ``fuel burning equipment,'' ``fuel burning equipment 
installation,'' ``refuse derived fuel'' and ``total capacity''), 120-04-
0805A. and B., 120-04-0807A., 120-04-0808, 120-04-0811 through 120-04-
0817.
Rule 4-9, Sections 120-04-0901, 120-04-0902, 120-04-0909, 120-04-0910 
(except for 120-04-0910.B.2.), 120-04-0911 through 120-04-0915.
Rule 4-10  (except for sections 120-04-1002.C., 120-04-1003, 120-04-
1006, 120-04-1007).
Rule 4-11  (except for sections 120-04-1104, 120-04-1110, 120-04-1111, 
and the definition of ``gasoline'' in section 120-04-1102.C.).
Rule 4-12, Sections 120-04-1201, 120-04-1202.A.-C. (definition of 
``chemical fertilizer'' only), 120-04-1204, 120-04-1205, 120-04-1208 
through 120-04-120-04-1414.
Rule 4-13, Sections 120-04-1301, 120-04-1302.A. and B., 120-04-1305, 
120-04-1306, 120-04-1309 through 120-04-1315.
Rule 4-14, Sections 120-04-1401, 120-04-1402.A. and B., 120-04-1404, 
120-04-1405, 120-04-1408 through 120-04-1414.
Rule 4-15, Sections 120-04-1501, 120-04-1502.A. and B., 120-04-1504, 
120-04-1505, 120-04-1508 through 120-04-1514.
Rule 4-16, Sections 120-04-1601, 120-04-1602.A. and B., 120-04-1605, 
120-04-1606, 120-04-1609 through 120-04-1615.
Rule 4-17, Sections 120-04-1701, 120-04-1702.A. and B., 120-04-1704, 
120-04-1705, 120-04-1708 through 120-04-1714.
Rule 4-18, Sections 120-04-1801, 120-04-1802.A.-C. (definition of ``melt 
time'' only), 120-04-1805, 120-04-1806, 120-04-1809 through 120-04-1815.

[[Page 944]]

Rule 4-19, Sections 120-04-1901, 120-04-1902.A. and B., 120-04-1905, 
120-04-1906, 1204-04-1909 through 120-04-1915.
Rule 4-20, Sections 120-04-2001, 120-04-2002.A.-C. (definition of 
``production rate'' only), 120-04-2004, 120-04-2005, 120-04-2008 through 
120-04-2014.
Rule 4-21, Sections 120-04-2101, 120-04-2102.A. and B., 120-04-2105, 
120-04-2106, 120-04-2109 through 120-04-2115.
Rule 4-22  (except for sections 120-04-2203, 120-04-2206 and 120-04-
2207).
Rule 4-24  (except for sections 120-04-2401.C., 120-04-2407, and 120-04-
2408).
Rule 4-25  (except for sections 120-04-2501.C., 120-04-2507, and 120-04-
2508).
Rule 4-26  (except for sections 120-04-2601.C., 120-04-2607, 120-04-
2608, and 120-04-2609.B.).
Rule 4-27  (except for sections 120-04-2701.C., 120-04-2707, 120-04-
2708, and 120-04-2709.B.).
Rule 4-28  (except for sections 120-04-2801.C., 120-04-2807, 120-04-
2808, and 120-04-2809.B.).
Rule 4-29  (except for sections 120-04-2901.C., 120-04-2907, 120-04-
2908, and 120-04-2909.B.).
Rule 4-30  (except for sections 120-04-3001.C., 120-04-3007, 120-04-
3008, and 120-04-3009.B.).
Rule 4-31  (except for sections 120-04-3101.C., 120-04-3107, 120-40-
3108, and 120-04-2609.B.).
Rule 4-32  (except for sections 120-04-3201.C., 120-04-3207, 120-04-
3208, and 120-04-3209.B.).
Rule 4-33  (except for sections 120-04-3301.C., 120-04-3307, 120-04-
3308, and 120-04-3309.B.).
Rule 4-34  (except for sections 120-04-3401.C., 120-04-3407, 120-04-
3408, and 120-04-3409.B.).
Rule 4-35  (except for sections 120-04-3501.C., 120-04-3507, 120-04-
3508, and 120-04-3509.B.).
Rule 4-36  (except for sections 120-04-3601.C., 120-04-3607, 120-04-
3608, and 120-04-3609.B.).
Rule 4-37  (except for sections 120-04-3703.D.3.b., 120-04-3707, and 
120-04-3708).
Rule 4-39  (except for sections 120-04-3906 and 120-04-3507).
Rule 4-40, Sections 120-04-4001.A. and B., 120-04-4002.A., B., C. 
(definitions of ``refuse'' and ``household refuse'' only).
Rule 4-41, Sections 120-04-4101, 120-04-4102, 120-04-4103.C., 120-04-
4104, and 120-04-4105.

                          Deletion of Rule EX-8

    Note: (1) All sections within each rule pertaining to control odors 
and noncriteria pollutants are not part of the SIP.
    (2) Emission standards for hydrogen sulfide (sections 120-04-0406, 
120-04-1105), total reduced sulfur (section 120-04-1304), and sulfuric 
acid mist (section 120-04-2104) are currently not part of the SIP.
    (3) Section 120-04-3703D.3.b. (former section 4.56(e)(3)(ii)) 
pertaining to monthly throughput exemptions for gasoline bulk plants is 
not an approved part of the SIP.

       (5) Part V  Emission Standards for New and Modified Sources

Sections 120-05-01 through 120-05-05 (except for section 120-05-02.H.).
Rule 5-1, Sections 120-05-0101, 120-05-0102.A., B., C. (definition of 
``opacity'' only), 120-05-0104 through 120-05-0107.
Rule 5-4  (except for sections 120-05-0408 and 120-05-0409).

    Note: All sections within each rule pertaining to odors and 
noncriteria pollutants are not part of the SIP.

                  (6) Part VII  Air Pollution Episodes

Sections 120-07-01, 120-07-02 (added).
Sections 120-07-03 through 120-07-07 (revised) (former Sections 7.01-
7.05).

           (7) Part VIII  Permits for New and Modified Sources

    Section 120-08-01.A., B. (except for definitions of ``allowable 
emissions,'' ``potential to emit,'' ``secondary emissions,'' and 
``stationary source''), C. (except for C.1.b.), D. through G., and I. 
through M. (former section 2.33).
    Section 120-08-03.A., B. (except for definitions of ``allowable 
emissions,'' ``building, structure, or facility,'' ``net emissions 
increase,'' ``potential to emit,'' ``secondary emissions,'' and 
``stationary source''), C. through G. (except for F.1.), and I. through 
P. (former section 8.02).

    Note: Sections pertaining to sources of hazardous pollutants 
(sections 120-08-01C.1.b., 120-08-01H.2., 120-08-03C.1.b., and 120-08-
03H.2) are not part of the SIP.

                             (8) Appendices

A, D, F, G, J, K, N, P (Revised)
New E (Added)
B, H--No Change
Old E--Deleted

    (ii) Additional material.
    (A) Remainder of February 15, 1985 State submittal.
    (B) Letter with attachments from the Virginia State Air Pollution 
Control Board (VSAPCB) to U.S. EPA Region III; June 21, 1985.
    (C) Letter from VSAPCB to U.S. EPA Region III; September 5, 1985.
    (D) Letter with attachments VSAPCB to U.S. EPA Region III; August 7, 
1986.
    (90) Revisions to the State Implementation Plan submitted by the 
Virginia Department of Air Pollution Control on February 14, 1985.
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control 
dated February 14, 1985 submitting a revision to the Virginia State 
Implementation Plan.

[[Page 945]]

    (B) The following provisions of the Virginia regulations, effective 
February 1, 1985:

          (1) Part IV--Emission Standards From Existing Sources

    ``Rule 4-1, sections 120-04-0101 through 120-04-0107; deletion of 
the definitions of ``fumes'' and ``mist''.
    Rule 4-4, sections 120-04-0402.C. (definitions of ``combustion 
installation,'' ``combustion unit,'' ``manufacturing operation,'' 
``materials handling equipment,'' ``physically connected,'' ``process 
operation,'' ``process unit,'' ``process weight,'' ``process weight 
rate,'' and ``total capacity'' only), 120-04-0403, 120-04-0404.
    Rule 4-7, sections 120-04-0702.C., 120-04-0703, 120-04-0708.
    Rule 4-8, sections 120-04-0802.C. (definitions of ``fuel burning 
equipment,'' ``fuel burning equipment installation,'' ``refuse derived 
fuel,'' and ``total capacity'' only), 120-04-0803, 120-04-0804, 120-04-
0805, 120-04-0807B, Figures 4-8A, 4-8B.
    Rule 4-9, section 120-04-0903.C.
    Rule 4-10, sections 120-04-1002.C., 120-04-1003.
    Rule 4-12, sections 120-04-1202.C. (definitions of ``manufacturing 
operation,'' ``materials handling equipment,'' ``physically connected,'' 
``process operation,'' ``process unit,'' ``process weight,'' and 
``process weight rate'' only), 120-04-1203.
    Rule 4-13, sections 120-04-1302.C. (definitions of ``cross recovery 
furnace,'' ``kraft pulp mill,'' ``lime kiln,'' ``recovery furnace,'' 
``smelt dissolving tank,'' and ``straight kraft recovery furnace'' 
only), 120-04-1303, 120-04-1305.
    Rule 4-14, sections 120-04-1402.C., 120-04-1403.
    Rule 4-15, sections 120-04-1502.C. (except for definition of ``coal 
preparation plant''), 120-04-1503; deletion of the definition ``air 
table.''
    Rule 4-16, sections 120-04-1602.C., 1120-04-1603.
    Rule 4-17, sections 120-04-1702.C., 120-04-1703.
    Rule 4-18, sections 120-04-1802.C. (definitions of ``aluminum 
production operation,'' ``brass or bronze,'' ``brass or bronze 
production,'' ``ferroalloy production operation,'' ``gray iron foundry 
operation,'' ``lead,'' ``magnesium product operation,'' ``primary copper 
smelter,'' ``primary lead smelter,'' ``primary metal operation,'' 
``primary zinc smelter,'' ``secondary lead production operation,'' 
``secondary metal operation,'' ``steel foundry operation,'' and ``zinc 
processing operation'' only), 120-04-1803.
    Rule 4-19, sections 120-04-1902.C., 120-04-1903.
    Rule 4-20, sections 120-04-2002.C., 120-04-2003.

       (2) Part V--Emission Standards for New and Modified Sources

    Rule 5-1, sections 120-05-0102.C. (definitions of ``fugitive dust,'' 
``fugitive emissions,'' and ``six minute period'' only), 120-05-0103, 
120-05-0104.

                             (3) Appendix Q

    (ii) Additional materials.
    (A) Remainder of the February 14, 1985 submittal.
    (B) Letters of June 21, 1985 and September 5, 1985 from the Virginia 
State Air Pollution Control Board to EPA.
    (91) Revisions to the State Implementation Plan for the good 
engineering practice (GEP) stack height requirements submitted on May 
12, 1986 by the Virginia State Air Pollution Control Board:
    (i) Incorporation by reference.
    (A) Letter of May 12, 1986 from the Executive Director, Virginia 
State Air Pollution Control Board, transmitting the revised good 
engineering practice (GEP) stack heights requirements.
    (B) Revised Regulations 120-01-02 (Revised definitions of dispersion 
technique, elevated terrain, Excessive Concentrations, GEP Stack Height, 
Nearby, Stack, Stack in Existence), 120-04-02I, and 120-04-02H of the 
Virginia Regulations for the Control and Abatement of Air Pollution, 
adopted April 7, 1986, and effective June 6, 1986.
    (C) Deletion of the following definitions from Regulation 120-01-02: 
Elevated Terrain, Plume Impaction
    (ii) Additional material.
    (A) Remainder of the official State submittal, transmitted on May 
16, 1986.
    (92) Revisions to the State Implementation Plan submitted by the 
Virginia Department of Air Pollution Control regarding non-CTG RACT 
requirements for aluminum rolling mills applicable to Reynolds Metals in 
Richmond, Virginia on December 17, 1987.
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control 
dated December 17, 1987 submitting a revision to the Virginia State 
Implementation Plan.
    (B) Consent Agreement and Order (DSE-597-87) between the Virginia 
State Air Pollution Control Board and

[[Page 946]]

Reynolds Metals Company dated December 21, 1987 and effective May 1, 
1988.
    (ii) Additional materials.
    (A) Letter dated May 4, 1988 from James E. Sydnor, Assistant 
Executive Director, Programs, VASAPCB to Jesse Baskerville, EPA Region 
III responding to EPA's comments submitted for the public hearing on 
November 9, 1987 regarding the Reynolds RACT determination.
    (B) Technical Support Document prepared by Reynolds Metals Company, 
dated September 30, 1987.
    (93) Revisions to the State Implementation Plan submitted by the 
Virginia Department of Air Pollution Control on March 26, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control 
dated March 26, 1991 submitting a revision to the Virginia State 
Implementation Plan.
    (B) Agreement between the State Air Pollution Control Board of the 
Commonwealth of Virginia and the Aqualon Company (Source Registration 
No. 50363) reducing allowable emissions of sulfur dioxide, dated 
September 24, 1990 and September 26, 1990.
    (ii) Additional materials.
    (A) Remainder of the State Implementation Plan revision request 
submitted by the Virginia Department of Air Pollution Control on March 
26, 1991.
    (94) Addition of Section 120-08-04 (Permits--operating) to Part VIII 
of the Virginia Regulations for the Control and Abatement of Air 
Pollution submitted on July 18, 1991 by the Virginia Department of Air 
Pollution Control:
    (i) Incorporation by reference.
    (A) Letter of July 18, 1991 from the Virginia Department of Air 
Pollution Control transmitting a revision to the Virginia State 
Implementation Plan.
    (B) Regulation 120-08-04 (Permits--operating) of Part VIII, Virginia 
Regulations for the Control and Abatement of Air Pollution, effective 
July 1, 1991.
    (ii) Additional material.
    (A) Remainder of July 18, 1991 State submittal.
    (95) Revisions to the State Implementation Plan submitted by the 
Virginia Department of Air Pollution Control on April 29, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control 
dated April 29, submitting a revision to the Virginia State 
Implementation Plan.
    (B) Consent Agreement and Order No. DTE-179-91 between Nabisco 
Brands, Inc. and the Virginia State Air Pollution Control Board, 
effective on April 24, 1991.
    (ii) Additional materials.
    (A) Technical Support Document for the RACT Determination for 
Nabisco Brands, Inc., Henrico County, VA; Consent Agreement and Order 
No. DTE-179-91.
    (96) Revisions to the State Implementation Plan submitted by the 
Virginia Department of Air Pollution Control on December 16, 1991.
    (i) Incorporation by reference. (A) Letter from the Virginia 
Department of Air Pollution Control dated December 6, 1991 submitting a 
revision to the Virginia State Implementation Plan.
    (B) Agreement between the State Air Pollution Control Board of the 
Commonwealth of Virginia and Burlington Industries (Source Registration 
No. 30401) reducing allowable emissions of sulfur dioxide, dated 
November 19, 1991.
    (ii) Additional materials. (A) Remainder of the State Implementation 
Plan revision request submitted by the Virginia Department of Air 
Pollution Control on December 16, 1991.
    (97) Revision to the State Implementation Plan submitted by the 
Virginia Department of Air Pollution Control on September 28, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control 
dated September 28, 1989 submitting a revision to the Virginia State 
Implementation Plan.
    (B) ``Regulation for the Control of Motor Vehicle Emissions'' (VR 
120-99-01), as published in The Virginia Register of Regulations 
(Monday, July 31, 1989--Volume 5, Issue 22), with an effective date of 
October 1, 1989.
    (C) ``Regulation for Vehicle Emission Control Program Analyzer 
Systems'' (VR 120-99-02), as published in The Virginia Register of 
Regulations (Monday, November 21, 1988--Volume 5, Issue 4),

[[Page 947]]

with an effective date of January 1, 1989.
    (ii) Additional materials.
    (A) The remainder of the State submittal.
    (98) Revisions to the State Implementation Plan submitted by the 
Virginia Department of Air Pollution Control on February 14, 1985.
    (i) Incorporation by reference.
    (A) Letter from the Commonwealth of Virginia dated February 14, 
1985, submitting a revision to the Virginia State Implementation Plan.
    (B) The following provisions of the Virginia Regulations for the 
Control and Abatement of Air Pollution, effective February 1, 1985:

(1) Part I General Definitions.
    Section 120-01-02 (Definition of ``variance'').
(2) Part IV Emission Standards from Existing Sources.
    Rule 4-4, Section 120-04-0405.
    Rule 4-8, Section 120-04-0806.
    Rule 4-9, Section 120-04-0904.
    Rule 4-11, Section 120-04-1104.
    Rule 4-15, Section 120-04-1503C. (Definition of ``coal preparation 
plant'')
    Rule 4-16, Section 120-04-1604.
    Rule 4-18, Section 120-04-1804.
    Rule 4-19, Section 120-04-1904.
    Rule 4-21, Sections 120-04-2102C. (Definition of ``sulfuric acid 
production unit'') and 120-04-2103.
    Rule 4-22, Section 120-04-2203.

    Deletion of Section 4.50 of the Virginia Regulations for the Control 
and Abatement of Air Pollution in effect before February 1, 1985.
    (ii) Additional material.
    (A) Remainder of the February 14, 1985, State submittal pertaining 
to: The revised definitions of ``variance,'' ``coal preparation plant,'' 
and ``sulfuric acid production unit''; and Virginia's revised sulfur 
dioxide provisions.
    (B) Letter dated July 14, 1986, from the Virginia State Air 
Pollution Control Board to EPA.
    (99) Revisions to the Commonwealth of Virginia Regulations Volatile 
organic compound (VOC) RACT Fix-up regulations submitted on May 10, 
1991, by the Department of Environmental Quality formerly the Virginia 
Department of Air Pollution Control: Effective date July 1, 1991.
    (i) Incorporation by reference.
    (A) Letter of May 10, 1991, from the Department of Environmental 
Quality transmitting VOC RACT Fix-up regulations.
    (B) The following Commonwealth of Virginia regulations effective 
July 1, 1991:

    (1) Part I; section 120-01-02 (revised definition of ``actual 
emissions rate'', ``department'', ``emissions unit'', ``volatile organic 
compound'')
    (2) Part II sections:

120-02-08 A., B.
120-02-34 C., J.

    (3) Part IV sections:

120-04-01 B., C.
120-04-02 C., D., F., H.
120-04-03 A.
120-04-04 F.
120-04-05 E., F., G.

    Rule 4-4 sections:

120-04-0402 (definition of ``combustion unit'', ``manufacturing 
operation'', ``reasonably available control technology'')
120-04-0407 A., B., C.
sections 120-04-0407 through 120-04-0408 have been renumbered to 120-04-
0408 through 120-04-0409; sections 120-04-0411 through 120-04-0416 have 
been renumbered to 120-04-0412 through 120-04-0417, section 120-04-0417 
has been renumbered to 120-04-0418.

    Rule 4-5 sections:

120-05-0501 B.
120-05-0503 A.1., B.1., C.1., C.2., D.1.
120-05-0504 A.2., B.4., B.5., C.4., D.1.e.

    Rule 4-6 sections:

120-04-0601 B.
120-04-0603 A.1., B.1.,C.1., D.1.
120-04-0604 A.2., A.3., B.3., B.4.

    Rule 4-11 sections:
120-04-1102 (revised definition of ``condensate crude oil'')
120-04-1106 A.1., B.1., C.1., C.2., D.
120-04-1107 B.3.

    Rule 4-24 sections:

120-04-2401 A., B., C (deleted)
120-04-2403 A.1., B.1., C.1.
120-04-2404 A.1.a.3., B.1.c.5., C.1.e.5.

    Rule 4-25 sections:

120-04-2501 A., B., C.
120-04-2503 A.1., A.3., B.1., B.3., B.4., C.1., C.3.
120-04-2504 A.2., B.1.b., C.1.b.

    Rule 4-26 sections:

120-04-2601 C. (deleted)
D. (replaces previous C.)
120-04-2602 (new definition for ``coating application system'', and 
``oven'')
120-04-2603 A. (introduction revised), A.1., B. (introduction revised), 
B.1., D.
120-04-2604 A.6., A.7., B.5., B.6.
120-04-2609 B., C.


[[Page 948]]


    Rule 4-27 sections:

120-04-2701 A., B., C. (deleted),
D. (renumbered C.)
120-04-2702 C. (added definitions for ``coating application system''; 
deleted definition for ``coating line''; modified definition for 
``oven'')
120-04-2703 A., C.
120-04-2704 (introduction revised), C., D.
120-04-2709 B., C.

    Rule 4-28 sections:

120-04-2801 A., B., C. (deleted), D. (renumbered C.)
120-04-2802 C. (added definition for ``anti-chip coating'', ``clear 
coating'', ``coating application system'', ``electrocoat primer'', 
``extreme environmental conditions'', ``extreme performance coatings'', 
``guidecoat'', ``topcoat'', modified definitions for: ``automobile'', 
``light-duty truck'' and deleted definition for ``coating line''
120-04-2803 A.1., B. (added in its entirety), C., D., E., F., and G. 
(formerly B., C., D., E., F., now revised/renumbered).
120-04-2804 A., A.5., A.6., B. (added), C., D., E., (formerly B., C., 
D., have been revised/renumbered).
120-04-2809 B., C.

    Rule 4-29 sections:

120-04-2901 A., B., C. (deleted), D. (renumbered/revised to C.)
120-04-2902 C., (deleted definition of ``coating line'', addition of 
definition for ``coating application system'', definition modified 
``oven'')
120-04-2903 A.1., B.1., C.1., D.1., E.
120-04-2904 A. (introduction revised), A.5., A.6., B. (introduction 
revised). B.5., B.6., C. (introduction revised), C.4., D.
120-04-2909 B., C.

    Rule 4-30 sections:

120-04-3001 A., B., C. (revised) and D. (deleted), C.2.,
120-04-3002 C. (deleted definition of ``coating line'', added definition 
of ``coating application system'', modified definition of ``oven'')
120-04-3003 A., C.
120-04-3004 (introduction revised), D., E.
120-04-3009 B., C.

    Rule 4-31 sections:

120-04-3101 A., B., C. (deleted), D. (revised/renumbered C.)
120-04-3102 C. (deleted definition of ``coating line''; added definition 
of ``coating application system''; modified definition of ``oven'', and 
``fabric coating'').
120-04-3103 A., D., E. (added)
120-04-3104 (introduction revised), F.
120-04-3109 B., C. (added)

    Rule 4-32 sections:

120-04-3201 A., B., C. (deleted), D. (revised/renumbered C.)
120-04-3202 C. (deleted definitions for ``coating line''; added 
definition of ``coating application system''; modified definition of 
``oven''.)
120-04-3203 A., C.
120-04-3204 (introduction revised), D., E.
120-04-3209 B., C. (added)

    Rule 4-33 sections:

120-04-3301 A., B., C. (deleted), D. (renumbered/revised C.)
120-04-3302 C. (deleted definitions of ``coating line''; added 
definition of ``coating application system''; modified definition of 
``oven''.)
120-04-3303 A., C. (added)
120-04-3304 (introduction revised), F., G.
120-04-3309 B., C. (added)

    Rule 4-34 sections:

120-04-3401 B., C., D.1.b., D.4.
120-04-3402 (modified definitions of ``coating application system'', 
``clear coating'', extreme performance coatings'', and ``oven''), G.
120-04-3403 D. (added)
120-04-3404 (introduction revised) F., G.
120-04-3409 B., C. (added)

    Rule 4-35 sections:

120-04-3501 A., B., C. (deleted), D. (revised/renumbered as C.)
120-04-3502 (modified definitions of ``coating application system'' and 
``oven''.)
120-04-3503 D. (added)
120-04-3504 (introduction revised), F., G.
120-04-3509 B., C.

    Rule 4-36 sections:

120-04-3601 B., C., D.1.b., D.2. (deleted), D.3. (revised/renumbered 
D.2.)
120-04-3602 C. (added definitions for ``high-solids ink'', ``low-solvent 
ink'', ``printing process'', modified definition of ``publication 
rotogravure printing'' and ``waterborne inks.'')
120-04-3603 (the following were deleted: A., B., C.), A. (new/revised), 
B. (formerly D., modified), C. (formerly E. was modified)
120-04-3604 deleted
120-04-3609 B.

    Rule 4-37 sections:

120-04-3701 A., B.
120-04-3702 (modified definitions of ``crude oil'' and ``custody 
transfer''.)
120-04-3703 A.1., A.3., A.4. (added), B.1., D.3., E.1., E.3.a. through 
E.3.d. was revised to E.3.a. through E.3.b.; revisions were made to the 
following: F.1., F.3., F.8., F.10., F.11., F.16. (deleted)
120-04-3704 A.1.b., B.1.b., C.1.d., D.1.c., E.2.c.

    Rule 4-38 section:

120-04-3801 B.

    Rule 4-39 section:

120-04-3901 B.

    (4) Part V sections:

120-05-01 the following were added: C. and D.

[[Page 949]]

120-05-02 the following were revised: C., D., F.; G. (deleted)
120-05-03 A.
120-05-04 A. and F. were revised.
120-05-05 the following were added: E. and F. H. (formerly F. 
renumbered)

    (5) Part VII sections:

120-07-01
120-07-02 C. (modified definition of ``air pollution episode'')
120-07-04 B.1., B.1.b., B.2.a., B.3.a., B.4.a., B.5.a.

    (6) Appendix K
    (7) Appendix N
    (8) Appendix P
    (9) Appendix R I., II.B., II.D., II.E., II.F., II.G., II.H., II.I., 
II.J., II.K., II.L., II.M., II.N., II.O., II.P., III.V. (deleted), VI., 
VIII.
    (10) Appendix S (revised and renamed in its entirety to include 
other appendices)
    (11) Appendix T (deleted in its entirety and revised to be included 
in new appendix S.)

    (ii) Additional material.
    (A) Remainder of May 10, 1991, Commonwealth's submittal.
    (100) Revisions to the Commonwealth of Virginia Regulations 
Oxygenated Gasoline Program regulations submitted on November 1, 1993, 
by the Department of Environmental Quality, formerly the Virginia 
Department of Air Pollution Control: Effective date November 1, 1993.
    (i) Incorporation by reference.
    (A) Letter of November 1, 1993, from the Department of Environmental 
Quality transmitting Oxygenated Gasoline Program regulations.
    (B) Addition of VR 115-04-28 Regulation Governing the Oxygenation of 
Gasoline.
    (ii) Additional materials.
    (A) Remainder of November 13, 1992, and November 1, 1993, State 
submittals.
    (101) Revisions to the Virginia regulation for the control of 
volatile organic compounds emitted from petroleum liquid storage and 
transfer operations, primarily related to the addition of Stage II vapor 
recovery equipment on gasoline refueling equipment, as submitted on 
November 5, 1992 by the Virginia Department of Air Pollution Control 
(now the Virginia Department of Environmental Quality).
    (i) Incorporation by reference.
    (A) Letter of November 5, 1992, from the Virginia Department of Air 
Pollution Control requesting approval of revisions to the Commonwealth's 
State Implementation Plan's requirements for volatile organic compounds 
from petroleum liquid storage and transfer operations, primarily 
concerning the addition of provisions for Stage II vapor recovery 
systems.
    (B) Virginia Regulation VR 120-01, Part IV (Rule 4-37), with an 
effective date of January 1, 1993.
    (C) Appendix S to VR 120-01, Part IV (Rule 4-37), having an 
effective date of January 1, 1993.
    (D) Virginia Department of Air Pollution Control's Air Quality 
Program Policies and Procedures document entitled ``Procedures for 
Implementation of Regulations Covering Stage II Vapor Recover Systems 
for Gasoline Dispensing Facilities'' (AQP-9). The effective date of this 
document is January 1, 1993.
    (ii) Additional material.
    (A) Remainder of November 5, 1992, State submittal.
    (B) Letter dated August 18, 1993, from the Virginia Department of 
Environmental Quality transmitting Virginia's request that section 
III.F.2 of Virginia's policies and procedures document entitled 
``Procedures for Implementation of Regulations Covering Stage II Vapor 
Recover Systems for Gasoline Dispensing Facilities'' (AQP-9) be included 
in the Commonwealth's State Implementation Plan.
    (102) Revisions to the Virginia State Implementation Plan submitted 
on November 4, 1992 by the Virginia Department of Air Pollution Control.
    (i) Incorporation by reference.
    (A) Letter of November 4, 1992 from the Virginia Department of Air 
Pollution Control transmitting amendments to the Virginia State 
Implementation Plan pertaining to Virginia's air quality regulations, 
Virginia State Air Pollution Control Board Regulations for the Control 
and Abatement or Air Pollution.
    (B) The following revisions to Virginia's air quality regulations, 
adopted by the Virginia State Air Pollution Control Board on October 30, 
1992, effective January 1, 1993:

[[Page 950]]

    (1) Amendments to section 120-01-02, the definition for the term 
volatile organic compound.
    (2) Amendments to appendix P, pertaining to emission control areas.
    (ii) Additional material.
    (A) Remainder of Virginia's November 4, 1992 State submittal 
pertaining to section 120-01-02 and appendix P.
    (103)  Revisions to the Commonwealth of Virginia Regulations State 
Implementation Plan submitted on November 4, 1992 by the Virginia 
Department of Environmental Quality:
    (i) Incorporation by reference.
    (A) Letter of November 4, 1992 from the Virginia Department of 
Environmental Quality transmitting a revised regulation to require 
owners of stationary sources in emissions control areas to submit 
emission statements annually.
    (B) Amendments to Title VR 120-01, addition of paragraph B to 
section 120-02-31 and the addition of Appendix S including referenced 
document AQP-8, procedures for Preparing and submitting Emission 
Statements for Stationary Sources. Effective on January 1, 1993.
    (ii) Additional Material.
    (A) Remainder of November 4, 1992 State submittal related emission 
statements.
    (104) Revisions to the Virginia Regulations for the Control and 
Abatement of Air Pollution submitted on February 14, 1985 by the 
Virginia Department of Air Pollution Control:
    (i) Incorporation by reference.
    (A) Letter of February 14, 1985 from the Virginia Department of Air 
Pollution Control transmitting a revision to the Virginia State 
Implementation Plan.
    (B) The following provisions of the Virginia regulations, effective 
February 1, 1985:
    (1) Revisions to Part IV, Rule 4-41 (Mobile Sources), Sections 120-
04-4103A. and 120-04-4103B.
    (2) Deletion of SIP Regulation 4.52.
    (ii) Additional material.
    (A) Remainder of February 14, 1985 State submittal pertaining to the 
revised provisions of Section 120-04-4103 and the deletion of SIP 
regulation 4.52.
    (105) Revisions to the Virginia Regulations For the Control and 
Abatement of Air Pollution submitted on April 12, 1989 by the Virginia 
Department of Air Pollution Control:
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control 
dated April 12, 1989 submitting a revision to the Virginia State 
Implementation Plan.
    (B) The following provisions of the Virginia regulations, effective 
October 1, 1986.
    (1) Part I Definitions. Section 1.02 (Definitions of ``Reference 
method,'' ``Reid vapor pressure,'' ``Stationary source,'' ``True vapor 
pressure'' and ``Vapor pressure'').
    (2) Part IV Emission Standards from Existing Sources.

    Rule 4-5, Sections 120-08-0502C. (Definitions of ``Condenser,'' 
``Production equipment exhaust system,'' ``Reactor'' and ``Synthesized 
pharmaceutical products manufacturing'') and 120-04-0504C.3.b. (Control 
Technology Guidelines)
    Rule 4-21, Sections 120-04-2102C. (Definitions of ``Sulfuric acid 
mist'' and ``Sulfuric acid production unit'') and 120-04-2110E. 
(Monitoring)
    Rule 4-34, Section 120-04-3402C. (Definitions of ``Application 
area,'' ``Carbon adsorption system,'' ``Coating applicator,'' ``Extreme 
environmental conditions,'' ``Flashoff area,'' ``Miscellaneous metal 
parts and products'' and ``Major groups'')
    Rule 4-37, Sections 120-04-3702C. (Definitions of ``Bulk gasoline 
plant,'' ``Bulk gasoline terminal,'' ``Condensate,'' ``External floating 
roof,'' ``Gasoline,'' ``Gasoline dispensing facility,'' ``Internal 
floating roof,'' ``Liquid-mounted,'' ``Petroleum liquids,'' ``Petroleum 
refinery,'' ``Submerged fill pipe,'' ``vapor-mounted,'' ``Vapor tight'' 
and ``Waxy, heavy pour crude oil'') and 120-04-3704C.2.b (Control 
Technology Guidelines)
    Rule 4-41, Sections 120-04-4102C. (Definitions of ``Mobile source'' 
and ``Motor vehicle'') and 120-04-4105B.2. (Export/Import of Motor 
Vehicles)

    (3) Part VIII Permits.

    Section 120-08-01 (Permits--New and Modified Stationary Sources), 
subsections 120-08-01B3. (definitions of ``Allowable emissions,'' 
``Begin actual construction,'' ``Commence,'' ``Construction,'' 
``Emissions units,'' ``Federally enforceable,'' ``Fixed capital cost,'' 
``Major modification,'' ``Major stationary source,'' ``Modification,'' 
``Modified source,'' ``Necessary preconstruction approvals or permits,'' 
``New source,'' ``Potential to emit,'' ``Public comment period,'' 
``Reactivation,'' ``Reconstruction,'' ``Secondary emissions,'' ``State 
enforceable,'' ``Stationary source''

[[Page 951]]

and ``Uncontrolled emission rate'') and 120-08-01C.4.d. (General)
    Section 120-08-03 (Permits--Major Stationary Sources and Major 
Modifications Locating in Nonattainment Areas), subsections 120-08-
03B.3. (all terms) and 120-08-03N.7. (Offsets)

    (ii) Additional material.
    (A) Remainder of February 12, 1989 State submittal pertaining to the 
revised provisions of Parts I, IV and VIII.
    (106)  [Reserved]
    (107) The carbon monoxide redesignation and maintenance plan for the 
Counties of Arlington and Alexandria, Virginia submitted by the Virginia 
Department of Environmental Quality on October 4, 1995, as part of the 
Virginia SIP. The emission inventory projections are included in the 
maintenance plan.
    (i) Incorporation by reference.
    (A) Letter of October 4, 1995 from the Virginia Department of 
Environmental Quality requesting the redesignation and submitting the 
maintenance plan.
    (B) Maintenance Plan for the Virginia portion of the Metropolitan 
Washington Carbon Monoxide Nonattainment Area adopted on September 20, 
1995.
    (ii) Additional material.
    (A) Remainder of October 4, 1995 State submittal.
    (108)-(109)  [Reserved]
    (110) Alternative Compliance Plans submitted on November 4, 1986 by 
the Virginia State Air Pollution Control Board:
    (i) Incorporation by reference.
    (A) Letter of November 4, 1986 from the Virginia State Air Pollution 
Control Board transmitting alternative compliance plans for the Reynolds 
Metals--Bellwood and South Plants, Richmond, Virginia.
    (B) The below-described Consent Agreements and Orders between the 
Commonwealth of Virginia and the Reynolds Metals Company, effective 
October 31, 1986:
    (1) DSE-413A-86--Consent Agreement and Order Addressing Reynolds 
Metals Company's Bellwood Printing Plant (Registration No. 50260).
    (2) DSE-412A-86--Consent Agreement and Order Addressing Reynolds 
Metals Company's Richmond Foil Plant (Registration No. 50534).
    (ii) Additional material.
    (A) Remainder of November 4, 1986 State submittal.
    (B) Letter of February 12, 1987 from the Virginia State Air 
Pollution Control Board.

[37 FR 10899, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.2420, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Note:  At 61 FR 29965, June 13, 1996, Sec. 52.2420 
was amended by adding paragraph (c)(110), effective July 29, 1996.



Sec. 52.2421  Classification of regions.

    The Virginia 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)
----------------------------------------------------------------------------------------------------------------
Eastern Tennessee-Southwestern Virginia Interstate...           I          I       III       III           III  
Valley of Virginia Intrastate........................           I        III       III       III           III  
Central Virginia Intrastate..........................           I        III       III       III           III  
Northeastern Virginia Intrastate.....................          IA        III       III       III           III  
State Capital Intrastate.............................           I        III       III       III             I  
Hampton Roads Intrastate.............................           I         II       III       III             I  
National Capital Interstate..........................           I          I       III         I             I  
----------------------------------------------------------------------------------------------------------------

[37 FR 15090, July 27, 1972, as amended at 39 FR 16347, May 8, 1974]

[[Page 952]]

Sec. 52.2422  [Reserved]



Sec. 52.2423   Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Virginia's plan for the attainment and maintenance of the 
national standards. The State included a provision dealing with open 
burning in its submittal of August 10, 1973.This provision was included 
for information purposes only and was not to be considered a part of the 
plan to implement national standards. Accordingly, this additional 
provision is not considered a part of the applicable plan.
    (b)-(c)  [Reserved]
    (d) The portion of the January 11, 1979 SIP submittal pertaining to 
Smyth County is not approved, pending a possible redesignation of the 
area to attainment status.
    (e) The requirements of Sec. 51.22 are not met with respect to 
section 4.55(b) of the Virginia regulations, because the regulation is 
not adequately enforceable. Therefore, section 4.55(b) is disapproved.
    (f) Section 120-04-02.A.3. of the Virginia Regulations for the 
Control and Abatement of Air Pollution is not considered part of the 
applicable plan because it contradicts a previously approved section of 
the SIP.
    (g) Section 4.31(d)(3) of Part IV of the Virginia Regulations for 
the Control and Abatement of Air Pollution is not considered part of the 
applicable plan because the substitute criteria, listed in section 
4.31(d)(3), contain inherent variations in quality control which do not 
present an accurate representation of collection efficiency.
    (h) In an April 19, 1991 request submitted by the Virginia 
Department of Air Pollution Control, the source-specific emission 
limitation for James River Paper which EPA had approved on August 18, 
1983 is deleted. James River Paper Co. (now known as Custom Papers 
Group--Richmond, Inc.) located in Richmond, Virginia is now required to 
comply with the applicable Virginia SIP paper coating regulation.
    (i) Pursuant to an October 31, 1991 request submitted by the 
Virginia Department of Air Pollution Control, the source-specific 
Alternate Control Program (bubble) for J.W. Fergusson & Sons, Inc. which 
EPA had approved on March 4, 1983, is removed from the plan. J.W. 
Fergusson & Sons, Inc. located in Richmond, Virginia is required to 
comply with the Virginia SIP graphic arts RACT regulation approved by 
EPA on January 25, 1984 (see 40 CFR 52.2420 (c)(48) and (c)(74)).
    (j) Letter of January 25, 1993, from the Commonwealth of Virginia 
transmitting a commitment to adopt either the Federal clean fuel fleet 
program or an alternative substitute program by May 15, 1994.
    (k) The maintenance plan SIP revision, and request to redesignate 
the Richmond moderate ozone nonattainment area to attainment were 
submitted on November 12, 1992, by the Department of Environmental 
Quality. These requests are disapproved because review of the 1993 
ambient air quality data monitored during the 1993 ozone season 
indicated that a violation of the ozone NAAQS occurred at the Charles 
City monitor in the Richmond nonattainment area . Because of the 
registered violation during the 1993 ozone season, the underlying basis 
of the Commonwealth's November 12, 1992, maintenance plan's 
demonstration is no longer valid.
    (l) [Reserved]
    (m) EPA approves as part of the Virginia State Implementation Plan 
the documents listed in Appendix M, Sections II.A. through II.E and 
Section II.G. of the Virginia Regulations for the Control and Abatement 
of Air Pollution submitted by the Virginia Department of Air Pollution 
Control on April 12, 1989.
    (n) EPA approves as part of the Virginia State Implementation Plan 
the revised references to the documents listed in Appendix M, Sections 
II.A. and II.B. of the Virginia Regulations for the Control and 
Abatement of Air Pollution submitted by the Virginia Department of Air 
Pollution Control on February 12, 1993.

[38 FR 33724, Dec. 6, 1973, as amended at 39 FR 41254, Nov. 26, 1974; 45 
FR 85749, Dec. 30, 1980; 46 FR 22583, Apr. 20, 1981; 57 FR 3011, Jan. 
27, 1992; 57 FR 27182, June 18, 1992; 58 FR 11377, Feb. 25, 1993; 58 FR 
50848, Sept. 29, 1993; 59 FR 22758, May 3, 1994; 60 FR 43717, Aug. 23, 
1995; 61 FR 16062, Apr. 11, 1996]

[[Page 953]]

Sec. 52.2424  [Reserved]



Sec. 52.2425  1990 Base Year Emission Inventory for Carbon Monoxide.

    EPA approves as a revision to the Virginia Implementation Plan the 
1990 base year emission inventory for the Washington Metropolitan 
Statistical Area, submitted by Director, Virginia Department of 
Environmental Quality, on November 1, 1993, April 3, 1995 and October 
12, 1995. This submittal consist of the 1990 base year stationary, area 
and off-road mobile and on-road mobile emission inventories in the 
Washington Statistical Area for the pollutant, carbon monoxide (CO).

[61 FR 2937, Jan. 30, 1996]



Sec. 52.2426  Photochemical Assessment Monitoring Stations (PAMS) Program.

    On November 23, 1994 Virginia's Department of Environmental Quality 
submitted a plan for the establishment and implementation of a 
Photochemical Assessment Monitoring Stations (PAMS) Program as a state 
implementation plan (SIP) revision, as required by section 182(c)(1) of 
the Clean Air Act. EPA approved the Photochemical Assessment Monitoring 
Stations (PAMS) Program on September 11, 1995 and made it part of the 
Virginia SIP. As with all components of the SIP, Virginia must implement 
the program as submitted and approved by EPA.

[60 FR 47084, Sept. 11, 1995]



Sec. 52.2427   Source surveillance.

    (a)--(b)  [Reserved]
    (c) The requirements of Sec. 51.213 of this chapter are not met 
because the plan does not provide procedures for determining actual 
emission reductions achieved as a result of implementing the proposed 
transportation control measures. Rectifying provisions are promulgated 
in this section.
    (d) Monitoring transportation sources. (1) This section is 
applicable to the Commonwealth of Virginia.
    (2) In order to assure the effectiveness of the inspection and 
maintenance program approved in Sec. 52.2423 and required by 
Sec. 52.2441, and the retrofit devices required under Secs. 52.2444, 
52.2445, 52.2446, and 52.2447 the Commonwealth shall monitor the actual 
per-vehicle emissions reductions occurring as a result of such measures. 
All data obtained from such monitoring shall be included in the 
quarterly report submitted to the Administrator by the Commonwealth of 
Virginia in accordance with Sec. 58.35 of this chapter. The first 
quarterly report shall cover the period January 1 to March 31, 1976.
    (3) In order to assure the effective implementation of the car pool 
locator, express bus lanes, increased bus fleet and service, elimination 
of free on-street commuter parking, elimination of free employee 
parking, and the parking surcharge approved in Sec. 52.2423, the 
Commonwealth shall monitor vehicle miles traveled and average vehicle 
speeds for each area in which such sections are in effect and during 
such time periods as may be appropriate to evaluate the effectiveness of 
such a program. All data obtained from such monitoring shall be included 
in the quarterly report submitted to the Administrator by the 
Commonwealth of Virginia in accordance with Sec. 58.35 of this chapter. 
The first quarterly report shall cover the period from July 1 to 
September 30, 1974. The vehicle miles traveled and vehicle speed data 
shall be collected on a monthly basis and submitted in a format similar 
to Table 1.

                                 Table 1                                
Time period..............................                               
Affected area............................                               
                                                                        


------------------------------------------------------------------------
                                                  VMT or average vehicle
                                                           speed        
                                                 -----------------------
                  Roadway type                                  Vehicle 
                                                    Vehicle      type   
                                                   type (1)     (2)\1\  
------------------------------------------------------------------------
Freeway.........................................                        
Arterial........................................                        
Collector.......................................                        
Local...........................................                        
------------------------------------------------------------------------
\1\Continue with other vehicle types as appropriate.                    

    (4) No later than March 1, 1974, the Commonwealth shall submit to 
the Administrator a compliance schedule to implement this section. The 
program description shall include the following:
    (i) The agency or agencies responsible for conducting, overseeing, 
and maintaining the monitoring program.
    (ii) The administrative procedures to be used.

[[Page 954]]

    (iii) A description of the methods to be used to collect the 
emission data, VMT data, and vehicle speed data; a description of the 
geographical area to which the data apply; identification of the 
location at which the data will be collected; and the time periods 
during which the data will be collected.

[37 FR 10898, May 31, 1972, as amended at 37 FR 15091, July 27, 1972; 38 
FR 16568, June 22, 1973; 38 FR 33724, Dec. 6, 1973; 44 FR 27571, May 10, 
1979; 51 FR 40677, Nov. 7, 1986]
Secs. 52.2428--52.2432  [Reserved]



Sec. 52.2433   Intergovernmental cooperation.

    (a) The requirements of Subpart M of this chapter are not met 
because the plan does not adequately identify the State and local 
agencies, and their responsibilities, involved in carrying out the 
proposed transportation control measures.

[38 FR 16569, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986]
Secs. 52.2434--52.2435  [Reserved]



Sec. 52.2436   Rules and regulations.

    (a)  [Reserved]
    (b) The requirements of Sec. 51.281 are not met with respect to 
Section 4.55 (b) of the Virginia regulations, because the regulation is 
not adequately enforceable. Therefore, Section 4.55(b) is disapproved.

[38 FR 33725, Dec. 6, 1973, as amended at 45 FR 55197, Aug. 19, 1980; 51 
FR 40677, Nov. 7, 1986; 61 FR 16063, Apr. 11, 1996]
Secs. 52.2437--52.2449  [Reserved]



Sec. 52.2450  Conditional approval.

    Virginia's September 28, 1994 SIP submittal of a Consent Order and 
Agreement (Order) between the Department of Environmental Quality of the 
Commonwealth of Virginia and Philip Morris, Inc. establishing reasonably 
available control technology (RACT) for the Manufacturing Center located 
in Richmond, Virginia is conditionally approved based on certain 
contingencies. The condition for approval is to revise and resubmit the 
Order as a SIP revision within one year of September 29, 1995 according 
to one of the following: Eliminate the exemption to use non-ethanol-
based flavorings in lieu of add-on controls; restrict the applicability 
of the exemption to the use of non-VOC based flavorings; or impose 
monitoring and reporting requirements sufficient to determine net 
increases or decreases in emissions on a mass basis relative to the 
emissions that would have occurred using add-on controls on an average 
not to exceed thirty days.

[60 FR 45056, Aug. 30, 1995]



Sec. 52.2451   Significant deterioration of air quality.

    (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 Sec. 52.21(b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of Virginia.
    (c) Pursuant to 40 CFR 52.21(u) full delegation of authority for all 
portions of the Federal PSD program, as described in 40 CFR 52.21, was 
relinquished to the Commonwealth of Virginia as of June 3, 1981. All 
applications submitted as of that date and supporting information 
required pursuant to Sec. 52.21 from sources located in the Commonwealth 
of Virginia shall be submitted to: Division of Compliance, State Air 
Pollution Control Board, Commonwealth of Virginia, Room 1116, Ninth 
Street Office Building, Richmond, VA 23214.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 46 
FR 33524, June 30, 1981; 47 FR 28373, June 30, 1982]



Sec. 52.2452  Visibility protection.

    (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 
Sec. 52.26 are hereby incorporated and made a part of the applicable 
plan for the State of Virginia.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and

[[Page 955]]

made part of the applicable plan for the State of Virginia.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.2453  Requirements for state implementation plan revisions relating to new motor vehicles.

    Virginia must comply with the requirements of Sec. 51.120 with 
respect to the portion of Virginia that in 1990 was located in the 
Consolidated Metropolitan Statistical Area containing the District of 
Columbia.

[60 FR 4738, Jan. 24, 1995]



Sec. 52.2460  Small business stationary source technical and environmental compliance assistance program.

    On November 10, 1992, the Executive Director of the Virginia 
Department of Air Pollution Control submitted a plan for the 
establishment and implementation of a Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program as a State 
Implementation Plan revision, as required by title V of the Clean Air 
Act. EPA approved the Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program on February 4, 1994, and 
made it a part of the Virginia SIP. As with all components of the SIP, 
Virginia must implement the program as submitted and approved by EPA.

[59 FR 5329, Feb. 4, 1994]



                         Subpart WW--Washington



Sec. 52.2470  Identification of plan.

    (a) Title of plan: ``A Plan for the Implementation, Maintenance and 
Enforcement of National Ambient Air Quality Standards in the State of 
Washington.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Contingency request for a two year extension for carbon monoxide 
and nitrogen dioxide in the Puget Sound Intrastate Region and for carbon 
monoxide in the Eastern Washington-Northern Idaho Interstate Region 
submitted on January 28, 1972, by the Governor.
    (2) Request for a two year extension, delegation of legal authority 
and amendments to the implementation plan submitted on May 5, 1972, by 
the Governor.
    (3) Notices of public hearings and certifications that hearings were 
held regarding implementation plan matters submitted on July 18, 1972, 
by the Department of Ecology.
    (4) Clarifying submission (Non-regulatory) to the implementation 
plan submitted on September 11, 1972, by the Governor.
    (5) Compliance schedules submitted on December 12, 1972, by the 
Washington Department of Ecology.
    (6) Compliance schedules, revisions to WAC 18-04, 18-12 and 18-40, 
and a new regulation WAC 18-06 submitted on February 15, 1973, by the 
Governor.
    (7) Transportation control plan submitted on April 13, 1973, by the 
Governor.
    (8) Revisions to the transportation control plan submitted on May 
31, 1973, by the Governor.
    (9) Compliance schedules submitted on July 25, 1973, by the 
Department of Ecology.
    (10) Indirect source plan submitted on October 11, 1973, by the 
Department of Ecology.
    (11) Indirect source regulation (WAC 18-24) submitted on June 14, 
1974, by the Governor.
    (12) Air quality maintenance area designation submitted on May 31, 
1974, by the Washington Department of Ecology.
    (13) Revisions to the State and local agency open burning 
regulations submitted on September 10, 1973, by the Department of 
Ecology.
    (14) Information regarding the approval of the revised open burning 
regulations submitted on May 23, 1975, by the Department of Ecology.
    (15) Revision to section 9.05(c) of Regulation I of the Olympic Air 
Pollution Control Authority submitted November 6, 1975 by the Governor.
    (16) On April 4, 1979 the State of Washington Department of Ecology 
submitted a request to extend for eighteen months the date for plan 
submission for all secondary total suspended particulate nonattainment 
areas.

[[Page 956]]

    (17) On June 26, 1975 the Governor submitted amendments to WAC 18-24 
``State jurisdiction over Motor Vehicles'' which repealed the program 
for preconstruction review and approval of indirect sources, leaving 
only Sections 020--Definitions and 030--Assumption of Jurisdiction. On 
April 27, 1979 the Governor submitted revisions required by Part D of 
the Clean Air Act as amended in 1977, specifically: plans for the 
Seattle primary total suspended particulate (TSP) nonattainment area, 
the Tacoma primary TSP nonattainment area, the Seattle-Tacoma carbon 
monoxide (CO) and ozone nonattainment areas (along with a request for an 
extension of the attainment dates to beyond December 31, 1982), the 
Spokane primary TSP nonattainment area, the Clarkston primary TSP 
nonattainment area, the Vancouver primary TSP nonattainment area, and 
the Yakima CO nonattainment area; revisions to State and local 
regulations for nonattainment areas (WAC 173-400-010, 173-400-020, 173-
400-030, 173-400-040 (except (13)), 173-400-050, 173-400-060, 173-400-
070, 173-400-090, 173-400-100, 173-400-110, and 173-400-120; WAC 173-
420; WAC 173-425, WAC 173-490 (except 173-150); Puget Sound Air 
Pollution Control Agency Regulation I, Articles 1, 3, 6, 9 (Sections 
9.02, 9.02A, 9.03, 9.04, 9.05, 9.06, 9.07(d), 9.07(e), and 9.09); 
Northwest Air Pollution Control Authority Regulation Section 455.11; and 
Spokane County Air Pollution Control Authority Regulation Article IV, 
Section 4.01); and the rescission of State and local agency regulations 
which duplicated applicable Federal or State regulations for 
nonattainment areas (WAC 18-04-010, 18-04-020, 18-04-030, 18-04-040, 18-
04-050, 18-04-060, 18-04-070, 18-04-090, 18-04-100, 18-04-110, and 18-
04-120; WAC 18-06; WAC 18-12; WAC 18-20; WAC 18-24; WAC 18-28; WAC 18-
32; WAC 18-40; WAC 18-44; WAC 18-46; WAC 18-48; WAC 18-56; WAC 18-60; 
Puget Sound Air Pollution Control Agency Regulation I, Articles 5, 9 
(Sections 9.07(a), 9.07(b), 9.11, 9.12, 9.13, 9.15, and 9.16), and 11; 
Spokane County Air Pollution Control Authority Regulations I and II 
(except Article IV, Section 4.01); Northwest Air Pollution Authority 
Regulations 1 and 2 and Section 501 Southwest Air Pollution Control 
Agency Regulations 1 and 2; Olympic Air Pollution Control Agency 
Regulation I; Yakima County Clean Air Authority Regulation 1; Grant 
County Clean Air Authority Regulation; Benton-Franklin-Walla Walla Air 
Pollution Control Agency Regulation; and Douglas County Air Pollution 
Control Commission Article V, Section 5.01). On May 18, 1979 the State 
of Washington Department of Ecology submitted corrections to the Puget 
Sound area emission inventory in the April 27, 1979 submittal. On June 
20, 1979 the Governor submitted the plan for the Vancouver ozone 
nonattainment area including a request for an extension of the 
attainment date to beyond December 31, 1982. On December 21, 1979 the 
State of Washington Department of Ecology submitted statutory authority 
for an automobile inspection and maintenance program and a detailed 
schedule for its implementation. On May 1, 1980 the State of Washington 
Department of Ecology submitted revised statutory language pertaining to 
State legal authority.
    (18) On April 1, 1980 the State of Washington Department of Ecology 
submitted revisions to the regulations for Kraft Pulping Mills (WAC 173-
405-011; 173-405-021; 173-405-031(1), (4), (5) and (6); 173-405-036(1), 
(2) and (4); 173-405-061; 173-405-071(2), (3), (4)(d), (4)(e) and (5); 
173-405-077; 173-405-078; 173-405-086; and 173-405-101), Sulfite Pulping 
Mills (WAC 173-410-011; 173-410-021; 173-410-031; 173-410-036(1), (2) 
and (4); 173-410-041; 173-410-061 (1) through (8); 173-410-067; 173-410-
071; 173-410-086; and 173-410-091), and Primary Aluminum Plants (WAC 18-
52-010; 18-52-016; 18-52-021; 18-52-031 (2) and (4); 18-52-036(1); 18-
52-056; 18-52-061; 18-52-071(1)(c), (1)(f), and (2); 18-52-077; and 18-
52-086) and rescission of old regulations (WAC 18-36-010, 18-36-020, 18-
36-030, 18-36-040, 18-36-050, 18-36-060, 18-36-070, 18-36-080, 18-36-090 
and 18-36-100; WAC 18-38-010, 18-38-020, 18-38-030, 18-38-040, 18-38-
050, 18-38-060, 18-38-070, 18-38-080 and 18-38-090; and WAC 18-52-015, 
18-52-020, 18-52-030 (except (3)), 18-52-040, 18-52-060, 18-52-070 and 
18-52-080) to satisfy the requirements of Part D of the Clean Air Act.
    (19) On April 27, 1979 the Governor submitted the plan for the 
Spokane carbon monoxide (CO) nonattainment area. On September 10, 1980 
the State

[[Page 957]]

of Washington Department of Ecology submitted a revised transportation 
control plan for the Spokane CO nonattainment area.
    (20) On March 5, 1980 the State of Washington Department of Ecology 
submitted a plan revision to meet the requirements of 40 CFR part 58, 
subpart C, Sec. 58.20 Air Quality Monitoring.
    (21) On April 27, 1979 the Governor submitted a provision for 
maintenance of pay (WAC 173-400-160).
    (22) On June 24, 1980 the State of Washington Department of Ecology 
submitted a new regulation WAC 173-402 ``Civil Sanctions Under 
Washington Clean Air Act''. On July 30, 1980 the State of Washington 
Department of Ecology submitted revisions to WAC 173-400 (specifically 
173-020; 173-030; 173-040 (except (13)); 173-050; 173-060; 173-070; 173-
090; 173-100; 173-110; and 173-120), WAC 173-405 (specifically 173-012; 
173-021; 173-040 (1), (2), (3), (4), (5), (6) and (17); 173-072(1), (4) 
and (5); 173-077, 173-086; and 173-101; and rescission of 173-011; 173-
031 (1), (4), (5) and (6); 173-036 (1), (2) and (4); 173-061; 173-071 
(2), (3), (4)(d), (4)(e) and (5); and 173-078), WAC 173-410 
(specifically 173-012; 173-021; 173-040 (1), (2), (3), (5) and (16); 
173-062 (1), (2) and (3); 173-067; 173-086; 173-090; and 173-091; and 
rescission of 173-011; 173-031; 173-036 (1), (2) and (4); 173-041; 173-
061 (1) through (8); and 173-071), WAC 173-415 (specifically 173-010; 
173-020; 173-030(2)(b), (4), (5), (7) and (11); 173-050; 173-060(1)(c) 
and (2); 173-070; and 173-090), WAC 173-490 (specifically 173-010; 173-
020; 173-025; 173-030; 173-040; 173-070; 173-071; and 173-080), 
rescission of old WAC 18-52 (specifically 18-010; 18-016; 18-021; 18-
030(3); 18-031 (2) and (4); 18-036(1); 18-056; 18-061; 18-071(1)(c), 
(1)(f) and (2); 18-077; and 18-086), and revisions to the Seattle-Tacoma 
carbon monoxide, Seattle-Tacoma ozone, Vancouver ozone, Seattle primary 
total suspended particulate (TSP), Tacoma primary TSP, Vancouver primary 
TSP, Spokane primary TSP and Clarkston primary TSP nonattainment area 
plans, in order to satisfy the conditions of approval published on June 
5, 1980 and July 31, 1980. On November 7, 1980 the State of Washington 
Department of Ecology submitted clarifying information, including the 
designated ``no burn'' areas for the Seattle, Tacoma and Spokane TSP 
nonattainment areas to satisfy the conditions of approval published on 
June 5, 1980. On January 13, 1981 the State of Washington Department of 
Ecology submitted further revisions to WAC 173-400-110 and WAC 173-490-
020 and 173-490-040 in order to satisfy the conditions of approval 
published on June 5, 1980.
    (23) On August 17, 1979 and July 30, 1980 the Governor submitted 
revisions to the State of Washington Implementation Plan to provide 
authority to the Energy Facility Site Evaluation Council to implement 
the plan required by section 110 of the Clean Air Act for energy 
facilities, specifically, statutory authority (80.50 RCW), applicable 
regulations (WAC 463-39-010; 463-39-020; 463-39-030 (except (4), (7), 
(10), (24), (25), (30), (35) and (36)); 463-39-040 (except introductory 
paragraph); 463-39-050; 463-39-060; 463-39-080; 463-39-100; 463-39-110 
(except (1), first two sentences of (3)(b), (3)(c), (3)(d) and (3)(e)); 
463-39-120; 463-39-130; 463-39-135; 463-39-150; and 463-39-170), and a 
Memorandum of Agreement between the Energy Facility Site Evaluation 
Council and the State of Washington Department of Ecology describing 
program implementation. On May 28, 1981, the Energy Facility Site 
Evaluation Council submitted an Attorney General's opinion certifying 
that 80.50 RCW provided sufficient enabling authority to meet the 
requirements of the Clean Air Act.
    (24) On November 17, 1981 the State of Washington Department of 
Ecology submitted a revision to the plan for the Spokane carbon monoxide 
nonattainment area, including a schedule for the implementation of an 
expanded transit service to satisfy the condition of approval published 
on December 24, 1980.
    (25) On July 30, 1980 the State of Washington Department of Ecology 
submitted revisions to the regulations for sources of volatile organic 
compounds (VOC), specifically WAC 173-490-200, 173-490-201, 173-490-202, 
173-490-203, 173-490-204, 173-490-205 (except (d)), 173-490-206 and 173-
490-207. On January 13, 1981 the State of Washington Department of 
Ecology submitted a further revision to WAC 173-490-203. On June 25, 
1981 the State of Washington Department of Ecology submitted VOC source 
test methods. On November 13,

[[Page 958]]

1981 the State of Washington Department of Ecology submitted clarifying 
information on the regulations for sources of VOC.
    (26) On July 16, 1982 the State of Washington Department of Ecology 
submitted an attainment plan for the Vancouver ozone nonattainment area 
and amendments to the regulations for sources of volatile organic 
compounds (WAC-490-020, 490-025, 490-9040, 490-080, 490-203, 490-204, 
490-205 and 490-208, and rescission of 490-206).
    (27) On July 16, 1982 the State of Washington Department of Ecology 
submitted attainment plans for the Seattle-Tacoma ozone nonattainment 
area and the Seattle carbon monoxide (CO) nonattainment area, including 
regulations for motor vehicle emission inspection (WAC 173-422) and the 
Puget Sound Air Pollution Control Agency regulation for sources of 
volatile organic compounds (Regulation II). On December 1, 1982 the 
State of Washington Department of Ecology submitted procedures by which 
conformity of Federal projects with the Seattle-Tacoma ozone and Seattle 
CO plans will be determined.
    (28) Amendments to page III-D-2 (TABLE 8--DEPARTMENT OF ECOLOGY 
SOURCE TEST METHODS WHICH ARE USED FOR COMPLIANCE) of the Washington 
State Implementation Plan, submitted by the State Department of Ecology 
on July 23, 1984.
    (29) On September 13, 1983 the State of Washington Department of 
Ecology submitted a revision to add a lead strategy to the Washington 
Implementation Plan.
    (30) On June 15, 1984 the Washington Department of Ecology submitted 
a demonstration of attainment of the lead standard for the area around a 
primary copper smelter in Tacoma, Washington.
    (31) On June 16, 1983, the State of Washington Department of Ecology 
submitted to EPA, the Tacoma carbon monoxide attainment plan as an 
official SIP revision. This plan builds upon the July 16, 1982, Ozone 
SIP for the Puget Sound area.
    (32) On September 27, 1984 the State of Washington Department of 
Ecology submitted a revision to the approved lead SIP which revised the 
demonstration of attainment for the secondary lead smelter in Seattle.
    (33) On January 16, 1984 the Washington Department of Ecology 
submitted revisions to the approved SIP which added the PSAPCA emission 
offset and banking program to the approved SIP regulations. The 
revisions consisted of new section 1.07(s), 1.07(rr), 1.07(xx), 
6.07(b)(7) and 6.08 of PSAPCA Regulation I.
    (34) A revision to the Washington State Implementation Plan was 
submitted by the Director of the Washington Department of Ecology on 
September 27, 1984. The revision adds a mandatory Vehicle Inspection and 
Maintenance program to the Spokane Carbon Monoxide Plan.
    (i) Incorporation by reference.
    (a) Amendments to Chapter 173-422 Washington Administrative Code, 
Motor Vehicle Emission Inspection, which was published on April 18, 
1984.
    (ii) Additional material. (a) Technical Support Document as prepared 
by the Washington State Department of Ecology in support of approval 
dated January 11, 1985.
    (35) On February 21, 1985 the State of Washington Department of 
Ecology submitted revisions to Regulation II, specifically, Secs. 1.02, 
2.13, 3.11 and 4.02, and ``Monitoring and Reporting Procedures for VOC 
Sources'' as adopted in Puget Sound Air Pollution Control Agency 
Resolution 568.
    (i) Incorporation by reference.
    (A) Letter dated February 21, 1985 from the Washington Department of 
Ecology to EPA Region 10.
    (B) Resolution 568--Revisions to Regulation II and ``Monitoring and 
Reporting Procedures for VOC Sources'' as adopted by the Puget Sound Air 
Pollution Control Agency on December 13, 1984.
    (36) Washington State's Visibility Protection Program, except 
Section V. B. New Source Review, Appendix A--Proposed Best Available 
Retrofit Technology Regulation and Appendix B--Proposed New Source 
Review Regulations, submitted by the Director of the Washington 
Department of Ecology on January 5, 1984; certain provisions of 173-403 
WAC Implementation of Regulations for Air Contaminant Sources,

[[Page 959]]

specifically, WAC 173-403-030(2), (9), (11), (24), (25), (31), (42), 
(46), (51), and (52), submitted by the Director of the Washington 
Department of Ecology on April 1, 1985; WAC 173-403-090, submitted by 
the Director of the Washington Department of Ecology on September 6, 
1983; and the State of Washington Department of Natura1 Resources Smoke 
Management Program, submitted by the Director of the Washington 
Department of Ecology on April 27, 1979, and January 5, 1984.
    (i) Incorporation by reference.
    (A) Letter dated April 1, 1985, from the Director of the State of 
Washington Department of Ecology to EPA. Provisions of WAC 173-403-030 
(Definitions) introductory text, (2), (9), (11), (24), (25), (31), (42), 
(46), (51), and (52), adopted by the State of Washington Department of 
Ecology on February 14, 1985.
    (B) Letter dated September 6, 1983, from the Director of the State 
of Washington Department of Ecology to EPA. WAC 173-403-090 (``Retrofit 
Requirements for Visibility Protection''), adopted by the State of 
Washington Department of Ecology on August 25, 1983.
    (C) Letter dated January 5, 1984, from the Director of the State of 
Washington Department of Ecology to EPA. ``Washington State's Visibility 
Protection Program (10/3/83),'' except Section V. B. ``New Source 
Review,'' Appendix A--``Proposed Best Available Retrofit Technology 
Regulation'' and Appendix B--``Proposed New Source Review Regulations'' 
adopted by the State of Washington Department of Ecology on January 5, 
1984;
    (D) Appendix K (``The State of Washington Department of Natural 
Resources Air Quality-Prescribed Burning Smoke Management Program'') 
revised June 1975.
    (37) On April 28, 1983, the State of Washington Department of 
Ecology submitted amendments to the State of Washington sulfur dioxide 
emission limitation. These amendments clarify the averaging time for the 
sulfur dioxide emission limitation in WAC 173-400-040(6).
    (i) Incorporation by reference.
    (A) Letter dated April 28, 1983, from the Director of the Department 
of Ecology to EPA Region 10 amending the State of Washington State 
Implementation Plan.
    (B) Washington Administrative Code [WAC] Chapter 173-400 [General 
Regulations for Air Pollution Sources], -040 [General Standard for 
Maximum Emissions], (6) [Sulfur Dioxide] introductory sentence adopted 
into state law by the State of Washington Department of Ecology on March 
30, 1983 and became effective on May 11, 1983.
    (38) On January 23, 1989 and May 14, 1991 the Director of the 
Department of Ecology submitted amended regulations as revisions to the 
Washington state implementation plan. EPA has approved the following as 
revisions to the implementation plan: WAC 173-400 (except for -040(1) 
(c) and (d); -040(2); -040(4); the second paragraph of -040(6); the 
exception provision in -050(3); -070(7); -075; -115; -120; -131; -136; -
141; and -180) as in effect on March 22, 1991; the repeal of WAC 173-403 
as in effect on March 22, 1991; WAC 173-405 (except for -033; -035; -
040(1)(b); -040(1)(c); -040(3)(b); -040(3)(c); -040(4); -040(7); -
040(8); -040(9); and -072(2)) as in effect on March 22, 1991; WAC 173-
410 (except for -035; the exception provision in -040(3); and -040(5)) 
as in effect on March 22, 1991; WAC 173-415 (except for -020(1); -
020(2); -030(1); -030(3)(b); -040; and -060(1) (a), (b), and (d)) as in 
effect on March 22, 1991; WAC 173-425 as in effect on October 18, 1990; 
WAC 173-430 as in effect on October 18, 1990; WAC 173-433 as in effect 
on October 18, 1990; WAC 173-434 (except for -110, -120, and -130(2)) as 
in effect on October 18, 1990; WAC 173-435 (except for -070(1)); as in 
effect on January 3, 1989; WAC 173-440 as in effect on October 18, 1990; 
WAC 173-470 (except for -110 and -150) as in effect on January 3, 1989.
    (i) Incorporation by reference.
    (A) January 23, 1989, letter from the Director of the Department of 
Ecology to EPA Region 10 submitting amendments to the Washington state 
implementation plan.
    (B) May 14, 1991, letter from the Director of the Department of 
Ecology to EPA Region 10 submitting amendments to the Washington state 
implementation plan.
    (C) Washington Administrative Code, Chapter 173-400 (General 
Regulations

[[Page 960]]

for Air Pollution Sources) (except for -040(1) (c) and (d), -040(2), -
040(4), the second paragraph of -040(6), the exception provision in -
050(3), -070(7), -075, -115, -120, -131, -136, -141, and -180) as in 
effect 3/22/91; Washington Administrative Code, Chapter 173-405 (Kraft 
Pulp Mills) (except for -033; -035; -040(1)(b), (1)(c), (3)(b), (3)(c), 
and (4); -040 (7), (8), and (9); and -072(2)) as in effect 3/22/91; 
Washington Administrative Code Chapter 173-410 (Sulfite Pulping Mills) 
(except for 035; the exception provision in -040(3); and -040(5)) as in 
effect 3/22/91; Washington Administrative Code Chapter 173-415 (Primary 
Aluminum Plants) (except for -020 (1) and (2); -030(1); -030(3)(b); -
040; and -060(1) (a), (b), and (d)) as in effect 3/22/91; Washington 
Administrative Code Chapter 173-425 (Open Burning) as in effect 10/18/
90; Washington Administrative Code Chapter 173-430 (Burning of Field and 
Forage and Turf Grasses Grown for Seed) as in effect 10/18/90; 
Washington Administrative Code Chapter 173-433 (Solid Fuel Burning 
Device Standards) as in effect 10/18/90; Washington Administrative Code 
Chapter 173-434 (except for -110, -120, and -130(2)) as in effect 10/18/
90; Washington Administrative Code Chapter 173-435 (Emergency Episode 
Plan) (except for-070(1)) as in effect 1/3/89; Washington Administrative 
Code Chapter 173-440 (Sensitive Areas) as in effect 10/18/90; and 
Washington Administrative Code Chapter 173-470 (Ambient Air Quality 
Standards for Particulate Matter) (except for -110 and -150) as in 
effect 1/3/89.
    (39) On May 14, 1991, the Director of the Department of Ecology 
submitted revisions to the State of Washington Implementation plans for 
volatile organic compound emissions (WAC 173-490 ``Emission Standards 
and Controls for Sources Emitting Volatile Compounds'') attainment from 
stationary sources in ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) May 14, 1991, letter from Washington Department of Ecology to 
EPA Region 10 submitting the VOC nonattainment area state implementation 
plan for Washington.
    (B) WAC 173-490 ``Emission Standards and Controls for Sources 
Emitting Volatile Compounds'' as adopted on February 19, 1991, and 
became effective on March 22, 1991.
    (40) On November 15, 1991, EPA received the Washington Department of 
Ecology submission for a PM10 nonattainment area state 
implementation plan for Kent, Washington.
    (i) Incorporation by reference.
    (A) November 5, 1990, letter from Washington Department of Ecology 
to EPA Region 10 submitting the PM10 nonattainment area state 
implementation plan for Kent, Washington.
    (B) The PM10 nonattainment area state implementation plan for 
Kent, Washington as adopted by the Washington Department of Ecology on 
November 3, 1990, and effective on November 3, 1991.
    (C) December 27, 1990, letter from Washington Department of Ecology 
to EPA Region 10 submitting an addendum to the PM10 nonattainment 
area state implementation plan for Kent, Washington.
    (D) PM10 SIP addendum, dated June 5, 1990, to the PM10 
Kent, Washington state implementation plan.
    (E) November 15, 1991, letter from Washington Department of Ecology 
to EPA Region 10 submitting a supplement to the PM10 nonattainment 
area state implementation plan for Kent, Washington.
    (F) PM10 SIP supplement, dated November 1991, to the PM10 
Kent, Washington state implementation plan.
    (41) On February 17, 1989, and November 15, 1991, the State of 
Washington Department of Ecology submitted PM10 nonattainment area 
state implementation plan revisions for Thurston County, Washington.
    (i) Incorporation by reference.
    (A) February 17, 1989, letter from Washington Department of Ecology 
to EPA Region 10 submitting the PM10 nonattainment area state 
implementation plan for Thurston County, Washington.
    (B) The PM10 nonattainment area state implementation plan for 
Thurston County, Washington, as adopted by the Washington Department of 
Ecology on February 8, 1989.
    (C) November 15, 1991, letter from Washington Department of Ecology 
to EPA Region 10 submitting revisions to

[[Page 961]]

the PM10 nonattainment area state implementation plan for Thurston 
County, Washington.
    (D) Revision to the PM10 nonattainment area state 
implementation plan for Thurston County, Washington, as adopted by the 
Washington Department of Ecology on November 14, 1991.
    (42) On January 22, 1993, the State of Washington Department of 
Ecology submitted revisions to the State Implementation Plan for the 
State of Washington addressing the attainment and maintenance of the 
National Ambient Air Quality Standards for carbon monoxide in the King, 
Pierce, Snohomish, Clark and Spokane Counties.
    (i) Incorporation by reference.
    (A) January 22, 1993, letters from the State of Washington 
Department of Ecology to EPA Region 10 submitting amendments to the 
Washington State Implementation Plan for Carbon Monoxide in the King, 
Pierce, Snohomish, Clark, and Spokane Counties.
    (B) Supplements to the State Implementation Plan for Washington 
State--a plan for attaining and maintaining National Ambient Air Quality 
Standards (NAAQS) for the Spokane Carbon Monoxide Nonattainment Area, 
Vancouver Air Quality Maintenance Area, and Puget Sound Carbon Monoxide 
Nonattainment Area, adopted on January 22, 1993.
    (C) State Regulations Appendix B-Part 2, ``Motor Fuel Specifications 
for Oxygenated Gasoline, Chapter 173-492 WAC,'' of the Washington State 
SIP appendices, adopted October 6, 1992.
    (D) State Policies and Guidelines Appendix D, ``Oxygenated Gasoline 
Program, Implementation Guidelines, Washington State Department of 
Ecology, September 1992.''
    (43) On September 11, 1992 and October 8, 1993 the Director of the 
WDOE submitted revisions to PSAPCA's rules for the control of air 
pollution in Pierce, King, Snohomish, and Kitsap Counties, Washington as 
revisions to the Washington SIP. These revisions superseded and replaced 
previously submitted rules by PSAPCA.
    (i) Incorporation by reference.
    (A) September 11, 1992 letter from the Director of WDOE to EPA 
Region 10 submitting revisions to PSAPCA's rules for the control of air 
pollution in King, Pierce, Snohomish, and Kitsap Counties, Washington, 
for inclusion into the Washington SIP.
    (B) Regulations I, II, and III as adopted by the Board of Directors, 
PSAPCA, and submitted through the WDOE to EPA Region 10, as a revision 
to the SIP, with a WDOE adopted date of September 16, 1992.
    (C) October 8, 1993 letter from the Director of WDOE to EPA Region 
10 submitting revisions to PSAPCA's rules for the control of air 
pollution in King, Pierce, Snohomish, and Kitsap Counties, Washington, 
for inclusion into the Washington SIP.
    (D) Regulations I, II, and III as adopted by the Board of Directors, 
PSAPCA, and submitted through WDOE to EPA Region 10, as a revision to 
the SIP, with a WDOE adopted date of October 18, 1993.
    (44) On September 22, 1993, the state of Washington, through the 
Washington State Department of Ecology, submitted a request to 
redesignate Tacoma to attainment for sulfur dioxide (SO2).
    (i) Incorporation by reference.
    (A) September 22, 1993 letter from Washington State Department of 
Ecology to EPA Region 10 submitting a redesignation request for the 
Tacoma SO2 Air Quality Maintenance Area (AQMA).
    (45) On November 16, 1992 the Director of the Washington State 
Department of Ecology submitted ``State Implementation Plan for the 
Washington State Business Assistance Program,'' adopted November 13, 
1992, as a revision to the Washington SIP.
    (i) Incorporation by reference.
    (A) November 13, 1992 letter from the Director of the Washington 
State Department of Ecology submitting ``State Implementation Plan for 
the Washington State Business Assistance Program'' to EPA.
    (B) State Implementation Plan for the Washington State Business 
Assistance Program, including Appendix B, Revised Code of Washington 
(RCW) 70.94.035; Appendix D, Washington Administrative Code 173-400-180; 
Appendix E, RCW 70.94.181; and Appendix F, Business Assistance Program 
Guidelines (and exluding Appendices A, C, and G),

[[Page 962]]

dated November 1992, and adopted November 13, 1992.
    (46) On January 28, 1993 the State of Washington submitted a SIP 
revision for the purpose of implementing an emission statement program 
for stationary sources within the Vancouver Air Quality Maintenance Area 
and the Central Puget Sound Ozone Nonattainment Area. The implementation 
plan was submitted by the State to satisfy the Federal requirements for 
an emission statement program as part of the SIP for Washington State.
    (i) Incorporation by reference.
    (A) Letters dated January 22, 1993 from the Director of the 
Washington Department of Ecology to EPA Region 10 amending the 
Washington SIP for both the Vancouver and Central Puget Sound areas.
    (B) ``Supplement to the SIP for Washington State, A Plan for 
Attaining and Maintaining National Ambient Air Quality Standards for 
Ozone in Central Puget Sound,'' sections 6.0, 6.1, and 6.2, adopted 
January 22, 1993.
    (C) ``Supplement to the SIP for Washington State, A Plan for 
Attaining and Maintaining National Ambient Air Quality Standards for 
Ozone in the Vancouver Air Quality Maintenance Area,'' sections 7.0, 
7.1, 7.2, and 7.3, adopted January 22, 1993.
    (47) On November 5, 1990, December 27, 1990, November 15, 1991 and 
May 11, 1994 the Director of WDOE submitted to EPA SIP revisions for the 
purpose of bringing about attainment of the National ambient air quality 
standards (NAAQS) for particulate matter with an aerodynamic diameter 
less than or equal to a nominal 10 micrometers (PM-10). The 
implementation plan was submitted by the State to satisfy certain 
Federal Clean Air Act requirements for an approvable moderate 
nonattainment area PM-10 SIP for Seattle, Washington.
    (i) Incorporation by reference.
    (A) Letters dated November 5, 1990, December 27, 1990, November 13, 
1991 and May 2, 1994, from WDOE to EPA submitting the revisions to the 
SIP for the State of Washington.
    (B) Revisions to the Washington SIP for the purpose of bringing 
about attainment of the National ambient air quality standards (NAAQS) 
for particulate matter with an aerodynamic diameter less than or equal 
to a nominal 10 micrometers (PM-10):
    (1) A Plan for Attaining and Maintaining the National Ambient Air 
Quality Standard for PM-10 in the Seattle Duwamish Valley, September 
1989, adopted November 3, 1990;
    (2) Resolution No. 639 (amendments to the PM-10 attainment and 
maintenance strategy), adopted December 8, 1988;
    (3) State Implementation Plan for Particulate Matter in the Seattle 
Duwamish Valley, Supplement, dated November 199l, adopted November 14, 
1991; and
    (4) State Implementation Plan for Particulate Matter in the Seattle 
Duwamish Valley, Supplement, dated January 1, 1994, adopted May 4, 1994.
    (48) On November 15, 1991, the Director of WDOE submitted to EPA a 
PM-10 nonattainment area SIP revision for the purpose of bringing about 
attainment of the National ambient air quality standards (NAAQS) for 
particulate matter with an aerodynamic diameter less than or equal to a 
nominal 10 micrometers (PM-10). The implementation plan was submitted by 
the State to satisfy certain Federal Clean Air Act requirements for an 
approvable moderate nonattainment area PM-10 SIP for Tacoma, Washington.
    (i) Incorporation by reference.
    (A) Letters dated November 13, 1991 and June 30, 1994 from WDOE to 
EPA submitting revisions to the State of Washington SIP.
    (B) State Implementation Plan for Particulate Matter in the Tacoma 
Tideflats, Pierce County, including appendices A-F, dated November 1991, 
and adopted November 14, 1991.
    (49) On November 10, 1993, the State of Washington Department of 
Ecology submitted a CO State Implementation Plan for Clark County, 
Washington.
    (i) Incorporation by reference.
    (A) November 10, 1993 letter from the State of Washington Department 
of Ecology to EPA Region 10 submitting the CO State Implementation Plan 
for Clark County, Washington.
    (B) Supplement to a Plan for Attaining and Maintaining National 
Ambient Air Quality Standards for Carbon Monoxide in the Vancouver Air 
Quality

[[Page 963]]

Maintenance Area, Replacement Pages, as adopted by the Washington State 
Department of Ecology on November 15, 1993.
    (50) By a letter dated December 29, 1993, the Director of WDOE 
submitted to the Regional Administrator of EPA a revision to the 
Washington SIP updating the regulations from the Northwest Air Pollution 
Authority.
    (i) Incorporation by reference.
    (A) The December 29, 1993 letter from the Director of the Washington 
State Department of Ecology submitting the Northwest Air Pollution 
Authority Regulations as a revision to the Washington SIP.
    (B) Regulations of the Northwest Air Pollution Authority--sections 
100, 101, 102, 103, 104.1, 105, 106, 110, 111, 112, 113, 114, 120, 121, 
122, 123, 124, 130, 131, 132, 133, 134, 135, 140, 145, 150, 180, 200, 
300, 301, 302, 303, 310, 320, 321, 322, 323, 324, 325, 340, 341, 342, 
360, 365, 366, 400, 401, 410, 420, 421, 424, 450, 451, 452 (except for 
452.5.), 455, 458, 460, 462, 466, 510, 520, 550, 560, and 580, effective 
on September 8, 1993.
    (51) On April 11, 1994 the Washington Department of Ecology (WDOE) 
submitted the Southwest Air Pollution Control Authority (SWAPCA) 400 
General Regulations for Air Pollution Sources as a revision to the 
Washington State Implementation Plan (SIP).
    (i) Incorporation by reference.
    (A) April 11, 1994 letter from the Director of WDOE to EPA Region 10 
submitting the Southwest Air Pollution Control Authority SWAPCA 400 
Regulation, General Regulations for Air Pollution Sources.
    (B) Regulations of the Southwest Air Pollution Control Authority--
Sections 010; 020; 030 except the second sentences of (14) and (43); 040 
except (1)(c) and (1)(d) (2) (4) and the exception provision of (6)(a); 
050 except the exception provision of (3); 052; 060; 070 except (7); 
081; 090; 100 except the first sentence of (3)(a)(iv) and (5); 101; 105; 
107; 110; 112; 113; 114; 151; 161; 171; 190; 200; 205; 210; 220; 230; 
240; 250; and 260, effective on November 8, 1993.
    (52) On December 6, 1994, the Director of WDOE submitted to EPA a 
contingency measure SIP revision for the Puget Sound Carbon Monoxide 
Nonattainment Area to satisfy certain applicable requirements of the 
Act.
    (i) Incorporation by reference.
    (A) Letter dated November 30, 1994 from WDOE to EPA submitting the 
CO revision for the Puget Sound area and, ``A Plan for Attaining and 
Maintaining National Ambient Air Quality Standards for the Puget Sound 
Carbon Monoxide Nonattainment Area,'' replacement pages 10-1 through 10-
3, dated November 16, 1994, adopted November 29, 1994, and Attachment B 
of Addendum E, ``Contingency Measure Plan Element for the Central Puget 
Sound Region Carbon Monoxide State Implementation Plan--Final Plan,'' 
pages 1-15, dated May 26, 1994, and adopted November 29, 1994.
    (53) Various minor revisions consisting of amended regulations 
affecting a local air agency, the Puget Sound Air Pollution Control 
Agency, and a recodified Table of Contents for the SIP were submitted to 
EPA from WDOE for inclusion into the Washington SIP.
    (i) Incorporation by reference.
    (A) Letters dated April 28, May 25, and December 5, 1994 from the 
Director of the Washington State Department of Ecology to the EPA 
Regional Administrator submitting minor revisions to PSAPCA's 
regulations for inclusion into the SIP: Puget Sound Air Pollution 
Control Agency, Regulations I, II, and III, adopted on May 4, 1994; 
Puget Sound Air Pollution Control Agency, Regulations I, II, and III, 
adopted on May 25, 1994; and Puget Sound Air Pollution Control Agency, 
Regulations I, II, and III, adopted on December 8, 1994.
    (B) Letter dated January 26, 1995 from the Director of the 
Washington State Department of Ecology to the EPA Regional Administrator 
submitting the Recodified SIP Table of Contents, dated January 1995, and 
adopted on February 1, 1995.
    (54) On March 8, 1994, the Director of WDOE submitted to the 
Regional Administrator of EPA numerous revisions to the State of 
Washington Implementation Plan which included updated new source review 
regulations and provisions for voluntary limits on a source's potential 
to emit. The revisions were submitted in accordance with the 
requirements of section 110

[[Page 964]]

and Part D of the Clean Air Act (hereinafter the Act).
    (i) Incorporation by reference.
    (A) March 8, 1994 and May 8, 1995 letters from WDOE to EPA 
submitting requests for revisions to the Washington SIP consisting of an 
amended state regulation; Chapter 173-400 Washington Administrative Code 
General Regulations for Air Pollution Sources, adopted on August 20, 
1993, in its entirety with the exception of the following sections: -
040(1)(c) and (d); -040(2); -040(4); the second paragraph of -040(6); 
the exception provision in -050(3); -070(7); -075; -112(8); -113(5); -
114; -115; -120; -131; -136; -141; and -180.
    (55) On January 22, 1993 the Director of the Washington State 
Department of Ecology (WDOE) submitted the amendment to the Washington 
SIP for Carbon Monoxide (CO) in the King, Pierce, and Snohomish 
Counties' Urbanized Areas.
    (i) Incorporation by reference.
    (A) The January 22, 1993 letter from the Director of the WDOE 
submitting the Amendment to the Washington SIP for Carbon Monoxide in 
the King, Pierce, and Snohomish Counties' Urbanized Areas to EPA, 
``Supplement to the SIP for Washington State, Puget Sound Carbon 
Monoxide Nonattainment Area, January 1993,'' Section 6.0 Vehicle Miles 
Traveled Forecasting and Tracking, adopted on January 22, 1993.
    (ii) Additional material.
    (A) VMT supplements to include the VMT Tracking Report data required 
for the Puget Sound CO Nonattainment Areas, dated October 13, 1994 and 
September 19, 1994.
    (56) On February 14, 1995, the Director for the Washington State 
Department of Ecology (WDOE) submitted amended regulations for the 
Northwest Air Pollution Authority (NWAPA) as a revision to the 
Washington State Implementation Plan (SIP).
    (i) Incorporation by reference.
    (A) The February 7, 1995 letter from the Director of WDOE submitting 
the amended NWAPA regulations to the Environmental Protection Agency 
(EPA); the Northwest Air Pollution Authority Regulations (approving 
sections 104.1, 132, 133, 200, 300, 301, 302, 322, 324 (except for 
324.121), 340, 451, 462, 580) adopted on February 10, 1995.
    (57) On May 2, 1995, WDOE submitted to EPA revisions to the 
Washington SIP addressing the conditional approval of the State 
Implementation Plan (SIP) for particulate matter (PM10) in the Tacoma 
TIdeflats PM10 Nonattainment Area.
    (i) Incorporation by reference.
    (A) May 2, 1995 letter from WDOE to EPA Region submitting the SIP 
revision for Particulate Matter in the Tacoma Tideflats, A Plan for 
Attaining and Maintaining the National Ambient Air Quality Standard for 
PM10, Supplement May 1995, adopted on May 4, 1995.
    (58) On February 21, 1995 and May 11, 1994, WDOE submitted to EPA 
revisions to the Washington SIP addressing the contingency measures for 
the Seattle and Kent PM-10 nonattainment plans.
    (i) Incorporation by reference.
    (A) February 21, 1995 letter from the Washington Department of 
Ecology to EPA Region 10 submitting PSAPCA Section 13.07--Contingency 
Plan, adopted December 8, 1994, as a revision to the Seattle PM-10 
attainment plan and the Washington SIP.
    (B) May 11, 1994 letter from WDOE to EPA Region 10 submitting 
clarifying documentation to the contingency measure for Kent Valley PM-
10 attainment plan.
    (59) Various minor revisions consisting of amended regulations 
affecting a local air agency, PSAPCA, were submitted to EPA from the 
WDOE for inclusion into the Washington SIP.
    (i) Incorporation by reference.
    (A) Letters dated May 17, and September 7, 1995 from the Director of 
the WDOE to the EPA Regional Administrator submitting minor revisions to 
PSAPCA's regulations for inclusion into the SIP: PSAPCA, Regulation I 
adopted on May 22, 1995; PSAPCA, Regulation III adopted on September 11, 
1995.
    (60) On November 29, 1995 the Director of WDOE submitted to the 
Regional Administrator of EPA the Energy Facility Site Evaluation 
Council Regulations (EFSEC) as a revision to the Washington State 
Implementation Plan (SIP).
    (i) Incorporation by reference.

[[Page 965]]

    (A) The November 29, 1995 letter from WDOE to EPA submitting 
requests for revisions to the Washington SIP to include the Energy 
Facility Site Evaluation Council Regulations; EFSEC Regulation Chapter 
463-39 Washington Administrative Code General and Operating Permit 
Regulations for Air Pollution Sources, (excluding the following 
sections: 005 (2) through (4); -070; -090; -105; -115; -140; those 
portions of -005(1), -020, -030, -095, -100, and -120 containing any 
reference to regulations or provisions of regulations in Chapters 173-
400, 173-401, 173-406, 173-460, or 463-58a) adopted on November 16, 
1995.

[37 FR 10900, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.2470, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Note:  At 61 FR 25793, May 23, 1996, Sec. 52.2470 was 
amended by adding paragraph (c)(60), effective July 22, 1996.



Sec. 52.2471   Classification of regions.

    The Washington plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Eastern Washington-Northern Idaho Interstate..............           I         IA       III         I        III
Northern Washington Intrastate............................          II        III       III       III        III
Olympic-Northwest Washington Intrastate...................          II         II       III       III        III
Portland Interstate.......................................           I         IA       III         I          I
Puget Sound Intrastate....................................           I         IA       III         I          I
South Central Washington Intrastate.......................           I        III       III       III        III
----------------------------------------------------------------------------------------------------------------

[37 FR 10900, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45 
FR 37836, June 5, 1980]



Sec. 52.2472  Extensions.

    The Administrator, by authority delegated under section 188(d) of 
the Clean Air Act, as amended in 1990, extends for one year (until 
December 31, 1995) the attainment date for the Spokane, Washington, PM-
10 nonattainment area and the Wallula, Washington, PM-10 nonattainment 
area.

[60 FR 47280, Sept. 12, 1995]



Sec. 52.2473  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Washington's plan for the attainment and maintenance of 
National Standards under section 110 of the Clean Air Act. The 
regulations included in the SIP (See Table 52.2479) are applicable 
statewide unless otherwise noted in the regulation itself. Furthermore, 
the Administrator finds that the plan as identified in Sec. 52.2470 
satisfies requirements of Part D, Title 1, of the Clean Air act as 
amended in 1977, except as noted in the following sections. Continued 
satisfaction of the requirements of Part D for the ozone portion of the 
SIP depends on the adoption and submittal of RACT requirements by July 
1, 1980 for the sources covered by CTGs issued between January 1978 and 
January 1979 and adoption and submittal by each subsequent January of 
additional RACT requirements for sources covered by CTGs issued by the 
previous January. New source review permits pursuant to section 173 of 
CAA will not be deemed valid by EPA unless the provisions of Section V 
of the emission offset interpretive rule published on January 16, 1979 
(44 FR 3274) are met.

[45 FR 37836, June 5, 1980, as amended at 46 FR 45609, Sept. 14, 1981; 
47 FR 7840, Feb. 23, 1982]



Sec. 52.2474   General requirements.

    (a) 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

[[Page 966]]

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-June 30 and July 1-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.

[40 FR 55334, Nov. 28, 1975]
Sec. 52.2475  [Reserved]



Sec. 52.2476  Discretionary authority.

    (a) This section applies to any variance, exception, exemption, 
alternative emission limitation, bubble, alternative sampling or testing 
method, compliance schedule revision, alternative compliance schedule, 
or any other substantial change to a provision of the state 
implementation plan, granted by the Department of Ecology, the 
Department of Natural Resources, the Energy Facility Site Evaluation 
Council, or a local air pollution control agency in accordance with any 
discretionary authority granted under its statutes or regulations, 
regardless of whether such statutes or regulations are part of the state 
implementation plan.
    (b) Any change to a provision of the state implementation plan 
described in paragraph (a) of this section must be submitted by the 
state for approval by EPA in accordance with the requirements of 40 CFR 
51.104.
    (c) Any change to a provision of the state implementation plan 
described in paragraph (a) of this section does not modify the 
requirements of the federally-approved state implementation plan or a 
federally-promulgated implementation plan until approved by EPA as a 
revision to the state implementation plan in accordance with section 110 
of the Clean Air Act.

[56 FR 24136, May 29, 1991]
Secs. 52.2477--52.2478  [Reserved]



Sec. 52.2479  Contents of the federally approved, State submitted implementation plan.

    The following sections of the state and local regulations and 
documents for the Washington State Implementation Plan for Air Quality, 
for compliance with requirements of the Federal Clean Air Act, have been 
approved by the U.S. Environmental Protection Agency (EPA), and are part 
of the current federally-approved, implementation plan.

[[Page 967]]



       Washington State Implementation Plan for Air Quality State and Local Requirements Table of Contents      
                                                                                                                
                                                                                                                
                        Section 1--General [Dates in brackets indicate EPA approval date]                       
                                                                                                                
----------------------------------------------------------------------------------------------------------------
 1.2  Energy Facilities Site Evaluation Council (EFSEC) Memorandum of Agreement [02/23/82]                      
1.3  Air Quality Monitoring, Data Reporting and Surveillance Provisions [04/15/81]                              
1.4  Maintenance of Pay Provision [08/14/81]                                                                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
            Section 2--State Regulations and Statutes [Dates in brackets indicate date state adopted]           
                                                                                                                
----------------------------------------------------------------------------------------------------------------
 2.2  Department of Ecology Regulations                                                                         
                                                                                                                
2.2.400....  WAC 173-400                              General Regulation for Air Pollution Sources              
             173-400-010                              Policy and purpose [08/20/93]                             
             173-400-020                              Applicability [08/20/93]                                  
             173-400-030                              Definitions [08/20/93]                                    
             173-400-040                              General standards for maximum emissions [08/20/93, except 
                                                       for sections (1)(c), (1)(d), (2), (4), and the second    
                                                       paragraph of (6)]                                        
             173-400-050                              Emission standards for combustion and incineration units  
                                                       [08/20/93 except for the exception provision in section  
                                                       (3)]                                                     
             173-400-060                              Emission standards for general process units [08/20/93]   
             173-400-070                              Emission standards for certain source categories [08/20/  
                                                       93, except for section (7)]                              
             173-400-081                              Startup and shutdown [08/20/93]                           
             173-400-091                              Voluntary limits on emissions [08/20/93]                  
             173-400-100                              Registration [08/20/93]                                   
             173-400-105                              Records, monitoring, and reporting [08/20/93]             
             173-400-107                              Excess Emissions [08/20/93]                               
             173-400-110                              New source review (NSR) [08/20/93]                        
             173-400-112                              Requirements for new souces in nonattainment areas [08/20/
                                                       93, except for section (8)]                              
             173-400-113                              Requirements for new sources in attainment or             
                                                       unclassifiable areas [08/20/93, except for section (5)]  
             173-400-151                              Retrofit requirements for visibility protection [08/20/93]
             173-400-161                              Compliance schedules [08/20/93]                           
             173-400-171                              Public involvement [08/20/93]                             
             173-400-190                              Requirements for nonattainment areas [08/20/93]           
             173-400-200                              Creditable stack height and dispersion techniques [08/20/ 
                                                       93]                                                      
             173-400-205                              Adjustment for atmospheric conditions [08/20/93]          
             173-400-210                              Emission requirements of prior jurisdictions [08/20/93]   
             173-400-220                              Requirements for board members [08/20/93]                 
             173-400-230                              Regulatory actions [08/20/93]                             
             173-400-240                              Criminal penalties [08/20/93]                             
             173-400-250                              Appeals [08/20/93]                                        
             173-400-260                              Conflict of interest [08/20/93]                           
2.2.402....  WAC 173-402                              Civil Sanctions under Washington Clean Air Act            
             173-402-010                              Prior regulations [06/24/80]                              
             173-402-020                              Subsequent regulations [06/24/80]                         
2.2.405....  WAC 173-405                              Kraft Pulp Mills                                          
             173-405-012                              Statement of purpose [02/19/91]                           
             173-405-021                              Definitions [02/19/91]                                    
             173-405-040                              Emission standards [02/19/91 except for sections (1)(b),  
                                                       (1)(c), (3)(b), (3)(c), (4), (7), (8), and (9)]          
             173-405-045                              Creditable stack height and dispersion techniques [02/19/ 
                                                       91]                                                      
             173-405-061                              More restrictive emission standards [02/19/91]            
             173-405-072                              Monitoring requirements [02/19/91 except section (2)]     
             173-405-077                              Report of startup, shutdown, breakdown or upset conditions
                                                       [02/19/91]                                               
             173-405-078                              Emission inventory [02/19/91]                             
             173-405-086                              New source review (NSR) [02/19/91]                        
             173-405-087                              Prevention of significant deterioration (PSD) [02/19/91]  
             173-405-091                              Special studies [02/19/91]                                
2.2.410....  WAC 173-410                              Sulfite Pulping Mills                                     
             173-410-012                              Statement of purpose [02/19/91]                           
             173-410-021                              Definitions [02/19/91]                                    

[[Page 968]]

                                                                                                                
             173-410-040                              Emission standards [02/19/91 except sections (3) and (5)] 
             173-410-045                              Creditable stack height and dispersion techniques [02/19/ 
                                                       91]                                                      
             173-410-062                              Monitoring requirements [02/19/91]                        
             173-410-067                              Report of startup, shutdown, breakdown or upset conditions
                                                       [02/19/91]                                               
             173-410-071                              Emission inventory [02/19/91]                             
             173-410-086                              New source review (NSR) [02/19/91]                        
             173-410-087                              Prevention of significant deterioration (PSD) [02/19/91]  
             173-410-100                              Special studies [02/19/91]                                
2.2.415....  WAC 173-415                              Primary Aluminum Plants                                   
             173-415-010                              Statement of purpose [02/19/91]                           
             173-415-020                              Definitions [[02/19/91 except sections (1) and (2)]       
             173-415-030                              Emission standards [02/19/91 except section (3)(b)]       
             173-415-045                              Creditable stack height and dispersion techniques [02/19/ 
                                                       91]                                                      
             173-415-050                              New source review (NSR) [02/19/91]                        
             173-415-051                              Prevention of significant deterioration (PSD) [02/19/91]  
             173-415-060                              Monitoring and reporting [02/19/91 except sections        
                                                       (1)(a)(b)(d)]                                            
             173-415-070                              Report of startup, shutdown, breakdown or upset conditions
                                                       [02/19/91]                                               
             173-415-080                              Emission inventory [02/19/91]                             
2.2.422....  WAC 173-422                              Motor Vehicle Emission Inspection                         
             173-422-010                              Purpose [02/28/80]                                        
             173-422-020                              Definitions [02/28/80]                                    
             173-422-030                              Vehicle emission inspection requirement [02/28/80]        
             173-422-040                              Noncompliance areas [12/31/81]                            
             173-422-050                              Emission contributing areas [12/31/81]                    
             173-422-060                              Gasoline vehicle emission standards [12/31/81]            
             173-422-070                              Gasoline vehicle inspection procedures [12/31/81]         
             173-422-090                              Exhaust gas analyzer specifications [12/31/81]            
             173-422-100                              Testing equipment maintenance and calibration [12/31/81]  
             173-422-110                              Data system requirements [12/31/81]                       
             173-422-120                              Quality assurance [02/28/80]                              
             173-422-130                              Inspection fees [12/31/81]                                
             173-422-140                              Inspection forms and certificates [12/31/81]              
             173-422-160                              Fleet and diesel owner vehicle testing requirements [12/31/
                                                       81]                                                      
             173-422-170                              Exemptions [12/31/81]                                     
             173-422-180                              Air quality standards [12/31/81]                          
2.2.425....  WAC 173-425                              Open Burning                                              
             173-425-010                              Purpose [09/17/90]                                        
             173-425-020                              Applicability [09/17/90]                                  
             173-425-030                              Definitions [09/17/90]                                    
             173-425-036                              Curtailment during episodes of impaired air quality [09/17/
                                                       90]                                                      
             173-425-045                              Prohibited materials [01/03/89]                           
             173-425-055                              Exceptions [09/17/90]                                     
             173-425-065                              Residential open burning [09/17/90]                       
             173-425-075                              Commercial open burning [09/17/90]                        
             173-425-085                              Agricultural open burning [09/17/90]                      
             173-425-095                              No burn area designation [09/17/90]                       
             173-425-100                              Delegation of agricultural open burning program [09/17/90]
             173-425-115                              Land clearing projects [09/17/90]                         
             173-425-120                              Department of Natural Resources Smoke Management Plan [09/
                                                       17/90]                                                   
             173-425-130                              Notice of violation [09/17/90]                            
             173-425-140                              Remedies [09/17/90]                                       
2.2.430....  WAC 173-430                              Burning of Field and Forage and Turf Grasses Grown for    
                                                       Seed                                                     
             173-430-010                              Purpose [09/17/90]                                        
             173-430-020                              Definitions [09/17/90]                                    
             173-430-030                              Permits, conditions, and restrictions [09/17/90]          
             173-430-040                              Mobile field burners [09/17/90]                           
             173-430-050                              Other approvals [09/17/90]                                
             173-430-060                              Study of alternatives [09/17/90]                          
             173-430-070                              Fees [09/17/90]                                           
             173-430-080                              Certification of alternatives [09/17/90]                  
2.2.433....  WAC 173-433                              Solid Fuel Burning Device Standards                       
             173-433-010                              Purpose [12/16/87]                                        
             173-433-020                              Applicability [12/16/87]                                  

[[Page 969]]

                                                                                                                
             173-433-030                              Definitions [09/17/90]                                    
             173-433-100                              Emission performance standards [09/17/90]                 
             173-433-110                              Opacity standards [09/17/90]                              
             173-433-120                              Prohibited fuel types [09/17/90]                          
             173-433-130                              General emission standards [09/17/90]                     
             173-433-150                              Curtailment [09/17/90]                                    
             173-433-170                              Retail sales fees [01/03/89]                              
             173-433-200                              Regulatory actions and penalties [09/17/90]               
2.2.434....  WAC 173-434                              Solid Waste Incinerator Facilities                        
             173-434-010                              Purpose [09/17/90]                                        
             173-434-020                              Applicability [09/17/90]                                  
             173-434-030                              Definitions [09/17/90]                                    
             173-434-050                              New source review (NSR) [09/17/90]                        
             173-434-070                              Prevention of significant deterioration (PSD) [09/17/90]  
             173-434-090                              Operation and maintenance plan [09/17/90]                 
             173-434-100                              Requirement for BACT [09/17/90]                           
             173-434-130                              Emission standards [09/17/90 except section (2)]          
             173-434-160                              Design and operation [09/17/90]                           
             173-434-170                              Monitoring and reporting [09/17/90]                       
             173-434-190                              Changes in operation [09/17/90]                           
             173-434-200                              Emission inventory [09/17/90]                             
             173-434-210                              Special studies [09/17/90]                                
2.2.435....  WAC 173-435                              Emergency Episode Plan                                    
             173-435-010                              Purpose [01/03/89]                                        
             173-435-015                              Significant harm levels [01/03/89]                        
             173-435-020                              Definitions [01/03/89]                                    
             173-435-030                              Episode stage criteria [01/03/89]                         
             173-435-040                              Source emission reduction plans [01/03/89]                
             173-435-050                              Action procedures [01/03/89]                              
             173-435-060                              Enforcement [01/03/89]                                    
             173-435-070                              Sampling sites, equipment, and methods [01/03/89 except   
                                                       section (1)]                                             
2.2.440....  WAC 173-440                              Sensitive Areas                                           
             173-440-010                              Purpose [09/17/90]                                        
             173-440-020                              Applicability [09/16/87]                                  
             173-440-030                              Definitions [09/17/90]                                    
             173-440-040                              Sensitive areas designated [09/16/87]                     
             173-440-100                              Standards [09/17/90]                                      
             173-440-900                              Appendix A--Map [09/16/87]                                
2.2.470....  WAC 173-470                              Ambient Air Quality Standards for Particulate Matter      
             173-470-010                              Purpose [09/16/87]                                        
             173-470-020                              Applicability [09/16/87]                                  
             173-470-030                              Definitions [01/03/89]                                    
             173-470-100                              Ambient air quality standards [01/03/89]                  
             173-470-160                              Reporting of data [09/16/87]                              
2.2.490....  WAC 173-490                              Emission Standards and Controls for Sources Emitting      
                                                       Volatile Organic Compounds                               
             173-490-010                              Policy and purpose [02/19/91]                             
             173-490-020                              Definitions [02/19/91]                                    
             173-490-025                              General applicability [02/19/91]                          
             173-490-030                              Registration and reporting [02/19/91]                     
             173-490-040                              Requirements [02/19/91]                                   
             173-490-080                              Exceptions and alternative methods [02/19/91]             
             173-490-090                              New source review (NSR) [02/19/91]                        
             173-490-200                              Petroleum refinery equipment leaks [02/19/91]             
             173-490-201                              Petroleum liquid storage in external floating roof tanks  
                                                       [02/19/91]                                               
             173-490-202                              Leaks from gasoline transport tanks and vapor collection  
                                                       systems [02/19/91]                                       
             173-490-203                              Perchloroethylene dry cleaning systems [02/19/91]         
             173-490-204                              Graphic arts systems [02/19/91]                           
             173-490-205                              Surface coating of miscellaneous metal parts and products 
                                                       [02/19/91]                                               
             173-490-207                              Surface coating of flatwood paneling [02/19/91]           
             173-490-208                              Aerospace assembly and component coating operations [02/19/
                                                       91]                                                      
2.2.490....  WAC 173-492                              Motor Fuel Specifications for Oxygenated Gasoline         

[[Page 970]]

                                                                                                                
             173-492-010                              Policy and purpose [10/07/92]                             
             173-492-020                              Applicability [10/07/92]                                  
             173-492-030                              Definitions [10/07/92]                                    
             173-492-060                              Labeling requirements [10/07/92]                          
             173-492-070                              Control areas and control periods [10/07/92]              
2.3.EFSEC  Energy Facilities Site Evaluation Council Regulation   (EFSEC)                                       
                                                                                                                
2.3.463-39.  WAC 463-39                               General Regulations for Air Pollution Sources             
             463-39-010                               Purpose [07/23/79]                                        
             463-39-020                               Applicability [07/23/79]                                  
             463-39-030                               Additional definitions [07/23/79 except sections (4), (7),
                                                       (10), (24), (25), (30), (35), and (36)]                  
             463-39-040                               General standards for maximum permissible emissions [07/23/
                                                       79 except introductory paragraph]                        
             463-39-050                               Minimum emission standards for combustion and incineration
                                                       sources [07/23/79]                                       
             463-39-060                               Minimum emission standards for general process sources [07/
                                                       23/79]                                                   
             463-39-080                               Compliance schedules [07/23/79]                           
             463-39-100                               Registration [07/23/79]                                   
             463-39-110                               New source review (NSR) [07/23/79 except sections (1), the
                                                       first two sentences of (3)(b), (3)(c), (d), and (e)]     
             463-39-120                               Monitoring and special report [07/23/79]                  
             463-39-130                               Regulatory actions [07/23/79]                             
             463-39-135                               Criminal penalties [07/23/79]                             
             463-39-150                               Variance [07/23/79]                                       
             463-39-170                               Conflict of interest [07/23/79]                           
                                                                                                                
----------------------------------------------------------------------------------------------------------------
   Section 3--Local Air Authority Regulations [Dates in brackets indicate local air authority adoption date]    
----------------------------------------------------------------------------------------------------------------
                                                                                                                
3.NW  Northwest Air Pollution Authority (NWAPA)                                                                 
             100                                      Name of Authority [02/10/93]                              
             101                                      Short Title [02/10/93]                                    
             102                                      Policy [02/10/93]                                         
             103                                      Duties and Powers [04/14/93]                              
             104                                      Adoption of State and Federal Laws and Rules [10/13/94]   
             105                                      Separability [01/08/69]                                   
             106                                      Public Records [01/08/69]                                 
             110                                      Investigation and Studies [01/08/69]                      
             111                                      Interference or Obstruction [02/14/73]                    
             112                                      False and Misleading Oral Statements [02/14/73]           
             113                                      Service of Notice [02/14/73]                              
             114                                      Confidential Information [04/14/93]                       
             120                                      Hearings [04/14/93]                                       
             121                                      Orders [11/15/88]                                         
             122                                      Appeals from Orders or Violations [11/15/88]              
             123                                      Status of Orders on Appeal [11/15/88]                     
             124                                      Display of Orders [02/14/73]                              
             130                                      Citations--Notices [02/14/73]                             
             131                                      Violations--Notices [04/14/93]                            
             132                                      Criminal Penalty [10/13/94]                               
             133                                      Civil Penalty [10/13/94]                                  
             134                                      Restraining Orders--Injunction [02/10/93]                 
             135                                      Additional Enforcement--Compliance schedules [04/14/93]   
             140                                      Reporting By Government Agencies [04/14/93]               
             145                                      Motor Vehicle Owner Responsibility [02/14/73]             
             150                                      Pollutant Disclosure--Reporting by Air Contaminant Sources
                                                       [09/08/93]                                               
             200                                      Definitions [10/13/94]                                    
                                                                                                                
                                               Control Procedures                                               
                                                                                                                
             300                                      Notice of Construction When Required [10/13/94]           
             301                                      Information Required for Notice of Construction [10/13/94]
             302                                      Issuance of Approval or Order [10/13/94]                  

[[Page 971]]

                                                                                                                
             303                                      Notice of Completion--Notice of Violation [08/09/78]      
             310                                      Approval to Operate Required [04/14/93]                   
             320                                      Registration Required [04/14/93]                          
             321                                      General Requirements for Registration [04/14/93]          
             322                                      Exemptions from Registration [10/13/94]                   
             323                                      Classes of Registration [4/14/93]                         
             324                                      Fees [10/13/94, except section .121]                      
             325                                      Transfer [04/14/93]                                       
             340                                      Report of Breakdown and Upset [10/13/94]                  
             341                                      Schedule Report of Shutdown or Start-up [09/08/93]        
             342                                      Operation and Maintenance [09/08/93]                      
             360                                      Testing and Sampling [02/14/73]                           
             365                                      Monitoring [02/08/89]                                     
             366                                      Instrument Calibration [09/08/93]                         
                                                                                                                
                                                    Standards                                                   
                                                                                                                
             400                                      Ambient Air Standards--Forward [04/14/93]                 
             401                                      Suspended Particulate Standards (PM-10) [04/14/93]        
             410                                      Sulfur Oxide Standards [04/14/93]                         
             420                                      Carbon Monoxide Standards [04/14/93]                      
             422                                      Nitrogen Oxide Standards [4/14/93]                        
             424                                      Ozone Standards [04/14/93]                                
             450                                      Emission Standards--Forward [04/14/93]                    
             451                                      Emission of Air Contaminant--Visual Standards [10/13/94]  
             452                                      Motor Vehicle Visual Standard [04/14/93, except section   
                                                       .5]                                                      
             455                                      Emission of Particulate Matter [04/14/93]                 
             458                                      Incinerators--Wood Waste Burners [08/08/78]               
             460                                      Sulfur Compounds--Heat/Weight Rate Standard [04/14/93]    
             462                                      Sulfur Compounds--Emission Standard [04/14/93]            
             466                                      Portland Cement Plants [04/14/93]                         
                                                                                                                
                                                                                                                
                                      Regulated Activities and Prohibitions                                     
                                                                                                                
             510                                      Incinerator Burning [04/14/93]                            
             520                                      Sulfur Compounds in Fuel [04/14/93]                       
             550                                      Particulate Matter from Becoming Airborne [01/08/69]      
             560                                      Storage of Organic Liquids [04/14/93]                     
             580                                      Volatile Organic Compound Control (VOC) [10/13/94]        
3.PS  Puget Sound Air Pollution Control Agency (PSAPCA)                                                         
3.PS.1  Regulation I                                                                                            
                                                                                                                
                                 Article 1--Policy, short title, and definitions                                
                                                                                                                
             Section 1.01                             Policy [10/10/73]                                         
             Section 1.03                             Name of agency [03/13/68]                                 
             Section 1.05                             Short title [03/13/68]                                    
             Section 1.07                             General definitions [04/14/94]                            
                                                                                                                
                                         Article 3--General provisions                                          
                                                                                                                
             Section 3.01                             Duties and powers of the control officer [02/10/94]       
             Section 3.05                             Investigation by control officer [02/10/94]               
             Section 3.07                             Compliance tests [02/10/94]                               
             Section 3.09                             Violations--notice [08/08/91]                             
             Section 3.11                             Civil Penalties [09/08/94]                                
             Section 3.13                             Criminal Penalties [08/08/91]                             
             Section 3.15                             Additional Enforcement [08/08/91]                         
             Section 3.17                             Appeal of Orders [08/08/91]                               
             Section 3.19                             Confidential Information [08/08/91]                       
             Section 3.21                             Separability [08/08/91]                                   
                                                                                                                
                                            Article 5--Registration                                             
                                                                                                                
             Section 5.02                             Definition and Components of Registration Program [12/09/ 
                                                       82]                                                      
             Section 5.03                             Registration Required [02/10/94]                          
             Section 5.05                             General Requirements for Registration [08/09/90]          
             Section 5.07                             Registration and Operating Permit Fees [09/08/94]         

[[Page 972]]

                                                                                                                
             Section 5.08                             Shut Down Sources [11/12/87]                              
             Section 5.11                             Registration of Oxygenated Gasoline Blenders [10/14/93]   
                                                                                                                
                                          Article 6--New Source Review                                          
                                                                                                                
             Section 6.03                             Notice of construction [11/19/92]                         
             Section 6.04                             Notice of construction review fees [10/28/93]             
             Section 6.06                             Public notice [04/14/94]                                  
             Section 6.07                             Order of approval--order to prevent construction [04/14/  
                                                       94]                                                      
             Section 6.08                             Emission reduction credit banking [11/19/92]              
             Section 6.09                             Notice of completion [04/14/94]                           
             Section 6.10                             Work done without an approval [07/08/93]                  
                                                                                                                
                                            Article 8--Outdoor fires                                            
                                                                                                                
             Section 8.01                             Policy [04/09/92]                                         
             Section 8.02                             Outdoor fires--prohibited types [05/13/93]                
             Section 8.03                             Outdoor fires--prohibited areas [04/14/94]                
             Section 8.04                             General conditions [04/14/94]                             
                                                                                                                
                                         Article 9--Emission standards                                          
                                                                                                                
             Section 9.03                             Emission of air contaminant: visual standard [09/08/94]   
             Section 9.04                             Deposition of particulate matter [06/09/83]               
             Section 9.05                             Refuse burning [12/09/93]                                 
             Section 9.07                             Sulfur dioxide emission standard [04/14/94]               
             Section 9.08                             Fuel oil standards [04/14/94]                             
             Section 9.09                             Particulate matter emission standards [02/10/94]          
             Section 9.11                             Emission of air contaminant: detriment to person or       
                                                       property [06/09/83]                                      
             Section 9.13                             Emission of air contaminant: concealment and masking      
                                                       restricted [06/09/88]                                    
             Section 9.15                             Fugitive dust: emission standard [08/10/89]               
             Section 9.16                             Spray coating operations [06/13/91]                       
             Section 9.20                             Maintenance of equipment [06/09/88]                       
                                                                                                                
                    Article 11--Ambient air quality standards and control measures required                     
                                                                                                                
             Section 11.01                            Air quality control standards [04/14/94]                  
             Section 11.02                            Ambient air monitoring [04/14/94]                         
                                                                                                                
                 Article 12--Standards of performance for continuous emission monitoring systems                
                                                                                                                
             Section 12.01                            Introduction [08/10/89]                                   
             Section 12.02                            Continuous emission monitoring requirements [08/10/89]    
             Section 12.03                            Quality assurance requirements [08/10/89]                 
             Section 12.04                            Record keeping and reporting requirements [08/10/89]      
                                                                                                                
                                 Article 13--Solid fuel burning device standards                                
                                                                                                                
             Section 13.01                            Policy and purpose [09/26/91]                             
             Section 13.03                            Opacity standards [10/11/90]                              
             Section 13.04                            Prohibited fuel types [09/26/91]                          
             Section 13.05                            Curtailment [09/26/91]                                    
3.PS.2--Regulation II                                                                                           
                                                                                                                
                             Article 1--Purpose, policy, short title, and definitions                           
                                                                                                                
             Section 1.01                             Purpose [03/13/80]                                        
             Section 1.02                             Policy [06/13/91]                                         
             Section 1.03                             Short title [12/11/80]                                    
             Section 1.04                             General definitions [12/11/80]                            
             Section 1.05                             Special definitions [02/10/94]                            
                                                                                                                
                                Article 2--Gasoline marketing emission standards                                
                                                                                                                
             Section 2.03                             Petroleum refineries [06/13/91]                           
             Section 2.04                             Volatile organic compound storage tanks [06/13/91]        
             Section 2.05                             Gasoline loading terminals [12/09/93]                     
             Section 2.06                             Bulk gasoline plants [06/13/91]                           
             Section 2.07                             Gasoline stations [02/10/94]                              
             Section 2.08                             Leaks from gasoline transport tanks and vapor recovery    
                                                       system [06/13/91]                                        
             Section 2.09                             Oxygenated gasoline [05/12/94]                            
                                                                                                                
 
[[Page 973]]

                                                                                                                
                      Article 3--Miscellaneous volatile organic compound emission standards                     
                                                                                                                
             Section 3.01                             Cutback asphalt paving [06/13/91]                         
             Section 3.03                             Can and paper coating operations [02/10/94]               
             Section 3.04                             Motor vehicle and mobile equipment coating operations [12/
                                                       09/93]                                                   
             Section 3.05                             Graphic arts systems [12/09/93]                           
             Section 3.07                             Petroleum solvent dry cleaning systems [02/11/82]         
             Section 3.08                             Polyester, vinylester, gelcoat, and resin operations [12/ 
                                                       09/93]                                                   
             Section 3.09                             Aerospace component coating operations [12/09/93]         
             Section 3.11                             Coatings and ink manufacturing [12/09/93]                 
                                                                                                                
 3.PS.3--Regulation III                                                                                         
                                                                                                                
                                         Article 1--General requirements                                        
                                                                                                                
             Section 1.01                             Policy [02/11/93]                                         
             Section 1.02                             Short title [01/09/92]                                    
             Section 1.03                             Area sources of toxic air contaminants [08/09/90]         
             Section 1.05                             Purpose and approach [08/09/90]                           
             Section 1.07                             General definitions [01/09/92]                            
             Section 1.08                             Special definitions [07/08/93]                            
             Section 1.11                             Reporting requirements [08/09/90]                         
                                                                                                                
                               Article 2--Review of toxic air contaminant sources                               
                                                                                                                
             Section 2.01                             Applicability [04/14/94]                                  
             Section 2.05                             Registered sources of toxic air contaminants [04/14/94]   
                                                                                                                
                                  Article 3--Source-specific emission standards                                 
                                                                                                                
  Section    Chromic acid plating and anodizing [12/                                                            
 3.01         09/93]                                                                                            
             Section 3.03                             Perchloroethylene dry cleaners [01/09/92]                 
             Section 3.05                             Solvent metal cleaners [08/09/90]                         
             Section 3.07                             Ethylene oxide sterilizers and aerators [01/09/92]        
                                                                                                                
                                       Article 4--Asbestos control standard                                     
                                                                                                                
             Section 4.01                             Application requirements and fees [07/08/93]              
             Section 4.02                             Procedures for asbestos emission control [07/08/93]       
             Section 4.03                             Disposal of asbestos-containing waste material [02/11/93] 
                                                                                                                
                              Appendix A--Acceptable source impact level [10/14/94]                             
                                                                                                                
 3.SC Spokane County Air Pollution Control Authority (SCAPCA)                                                   
3.SC.2 Regulation II                                                                                            
                                                                                                                
                                         Article IV--Emission prohibited                                        
                                                                                                                
             Section 4.01                             Particulate emissions--grain loading restrictions [01/06/ 
                                                       75]                                                      
                                                                                                                
----------------------------------------------------------------------------------------------------------------
               Section 4--Regional Air Quality Plans [Dates in brackets indicate EPA approval date]             
                                                                                                                
----------------------------------------------------------------------------------------------------------------
 4.1 Olympic-Northwest Washington Intrastate                                                                    
             4.1.2                                    Attainment Plans                                          
             4.1.2.PM                                 Particulate Matter (PM10)                                 
             4.1.2.PM.1                               Thurston County PM10 [07/27/93]                           
             4.1.2.TSP                                Total Suspended Particulates (TSP)                        
             4.1.2.TSP.1                              Longview TSP [06/05/80]                                   
4.2  Puget Sound Intrastate                                                                                     
             4.2.2                                    Attainment Plans                                          
             4.2.2.CO                                 Carbon Monoxide (CO)                                      
             4.2.2.CO.1                               Seattle CO [02/28/83]                                     
             4.2.2.CO.2                               Tacoma CO [07/16/84]                                      
             4.2.2.CO.3                               Puget Sound CO section 5.2 [01/22/93]                     
             4.2.2.OZ                                 Ozone (O3)                                                
             4.2.2.OZ.1                               Seattle-Tacoma O3 [02/28/83]                              
             4.2.2.PM                                 Particulate Matter (PM10)                                 
             4.2.2.PM.1                               Kent PM10 [07/27/93]                                      
             4.2.2.PM.2                               Seattle PM10 [conditional approval 08/22/94]              

[[Page 974]]

                                                                                                                
             4.2.2.PM.3                               Tacoma PM10 [conditional approval 12/12/94]               
             4.2.3                                    Lead Implementation Plan [04/01/85]                       
4.3  Southwest Washington Interstate                                                                            
             4.3.2                                    Attainment Plans                                          
             4.3.2.CO                                 Carbon Monoxide (CO)                                      
             4.3.2.CO.1                               Vancouver CO [12/30/94]                                   
             4.3.2.OZ                                 Ozone (O3)                                                
             4.3.2.OZ.1                               Vancouver O3 [11/14/94]                                   
             4.3.2.TSP                                Total Suspended Particulates (TSP)                        
             4.3.2.TSP.1                              Vancouver TSP [09/14/81]                                  
             4.5                                      Eastern Washington Interstate                             
             4.5.2                                    Attainment Plans                                          
             4.5.2.CO                                 Carbon Monoxide (CO)                                      
             4.5.2.CO.1                               Spokane CO [03/22/82]                                     
             4.5.2.CO.1a                              Spokane CO section 5.2 [01/22/93]                         
             4.5.2.TSP                                Total Suspended Particulates (TSP)                        
             4.5.2.TSP.1                              Spokane TSP [09/14/81]                                    
4.6 South Central Washington Intrastate                                                                         
             4.6.2                                    Attainment Plans                                          
             4.6.2.CO                                 Carbon Monoxide (CO)                                      
             4.6.2.CO.1                               Yakima CO [09/14/81]                                      
                                                                                                                
----------------------------------------------------------------------------------------------------------------
              Section 5--Federally Mandated Programs [Dates in brackets indicate EPA approval date]             
                                                                                                                
----------------------------------------------------------------------------------------------------------------
 5.BAP  Business Assistance Program [05/08/95]                                                                  
5.IM  Motor Vehicle Inspection/Maintenance [06/05/80]                                                           
5.OXY  Oxygenated Gasoline Program [01/20/94]                                                                   
5.SMP  Smoke Management Program [05/04/87]                                                                      
5.VIS  Washington State Visibility Protection Program [05/04/87]                                                
5.VIS.NSR  Visibility New Source Review (NSR) for nonattainment areas for Washington [06/26/86]                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
            Supplemental Section A--Reference Material [Dates in brackets indicate EPA approval date]           
                                                                                                                
----------------------------------------------------------------------------------------------------------------
 A.1  Description of Source Test Program for the State Implementation Plan [10/24/84]                           
                                                                                                                
----------------------------------------------------------------------------------------------------------------
  Supplemental Section B--Administrative and Procedural Material [Dates in brackets indicate EPA approval date] 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
 B.3  Correspondence                                                                                            
B.3.1  Legal Authority [06/05/80]                                                                               
B.3.2  Correspondence--Prior to 1991                                                                            
B.3.2.1  New Source Performance Standards (NSPS) for Tri-Counties [09/23/81]                                    
----------------------------------------------------------------------------------------------------------------


[60 FR 33735, June 29, 1995]
Secs. 52.2480--52.2494  [Reserved]



Sec. 52.2495  Voluntary limits on potential to emit

    Terms and conditions of regulatory orders issued pursuant to WAC 
173-400-091 ``Voluntary limits on emissions'' and in accordance with the 
provisions of WAC 173-400-091, WAC 173-400-105 ``Records, monitoring, 
and reporting,'' and WAC 173-400-171 ``Public involvement,'' shall be 
applicable requirements of the federally-approved Washington SIP and 
Section 112(l) program for the purposes of section 113 of the Clean Air 
Act and shall be enforceable by EPA and by any person in the same manner 
as other requirements of the SIP and Section 112(l) program. Regulatory 
orders issued pursuant to WAC 173-400-091 are part of the Washington SIP 
and shall be submitted to EPA Region 10 in accordance with the 
requirements of Secs. 51.104(e) and 51.326.

[60 FR 28728, June 2, 1995]

[[Page 975]]

Sec. 52.2496  [Reserved]



Sec. 52.2497   Significant deterioration of air quality.

    (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 Sec. 52.21 (b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of Washington.
    (c) In accordance with section 164 of the Clean Air Act and the 
provisions of 40 CFR 52.21(g), the Spokane Indian Reservation is 
designated as a Class I area for the purposes of preventing significant 
deterioration of air quality.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 56 
FR 14862, Apr. 12, 1991]



Sec. 52.2498  Visibility protection.

    (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) Regulations for visibility new source review. The provisions of 
Sec. 52.28 are hereby incorporated and made a part of the applicable 
plan for the State of Washington.

[51 FR 23228, June 26, 1986]



                        Subpart XX--West Virginia



Sec. 52.2520   Identification of plan.

    (a) Title of plan: ``State of West Virginia Implementation Plan to 
Achieve and Maintain Air Quality Standards for Particulates, Sulfur 
Oxides, Nitrogen Oxides, Carbon Monoxide, Hydrocarbons, and Oxidants.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Addition to the plan regarding legal authority to enforce State 
laws in the City of Wheeling submitted on March 30, 1972, by the West 
Virginia Air Pollution Control Commission.
    (2) Addition to the plan clarifying Resources section of SIP 
submitted April 20, 1972, by the West Virginia Air Pollution Control 
Commission.
    (3) Revision to plan regarding ``Permit to Construct'' rule, 
Regulation XIII of the West Virginia Air Pollution Control Regulations, 
submitted May 5, 1972, by the West Virginia Air Pollution Control 
Commission.
    (4) Revision to the plan allowing John E. Amos power plant variance 
to sulfur-in-fuel regulations submitted November 14, 1973, by the West 
Virginia Air Pollution Control Commission.
    (5) AQMA designations were submitted on June 13, 1974, by the 
Governor of West Virginia.
    (6) Indirect Source Review plan submitted on June 17, 1974, by the 
West Virginia Air Pollution Control Commission.
    (7) Particulate matter regulation for Primary aluminum plants 
submitted on November 8, 1974, by the West Virginia Air Pollution 
Control Commission.
    (8) Deletion of secondary annual and 24 hour sulfur dioxide 
standards from Regulation VIII submitted on March 16, 1976 by the 
Governor of West Virginia.
    (9) Amendments to regulation X (to prevent and control air pollution 
from the emission of sulfur oxides) (section 2.07 added), section 2.08 
(former section 2.07), section 2.09 (former section 2.08), section 2.10 
(former section 2.09), section 2.11 (former section 2.10), section 2.12 
(former section 2.11), section 2.13 (former section 2.12), section 2.14 
(former section 2.13), section 2.15 (former section 2.14), section 2.16 
(former section 2.15), section 3.01 is superseded by new section 3.01 
except section 3.01(1) Kammer Power Station which retains the old 
section 3.01(a), section 3.02 is replaced by new section 3.02, section 
3.03 is superseded by new section 3.03 except for section 3.03(2) 
Rivesville Power Station, which retains the old section 3.03(a) and 
section 3.01(b), section 3.03(1) (Harrison Power Plant) is approved as 
an interim emission limitation only, sections 3.05, 3.06, and 3.07 
(added), section 3.08 (former section 3.05), section 6.01 is superseded 
by new section 6.01, new section 10 is

[[Page 976]]

added, section 11 (replaces former section 10) of the West Virginia 
Administrative Regulations submitted on January 25, 1978 (as amended 
September 13, 1978), by the Governor.
    (10) Revised plans for attaining primary air quality standards for 
TSP and SO2 submitted to EPA by the Governor of West Virginia on 
June 18, 1979. These plans are contained in a document entitled, 
``Revisions to the State Implementation Plan to Achieve and Maintain Air 
Quality Standards for Particulates, Sulfur Oxides, and Ozone.''
    (11) Revised plan for attaining the ozone standard submitted to EPA 
by the Governor of West Virginia on November 21, 1979.
    (12) Revised Regulations III and VIII, and new Regulations XXI, 
XXIII, and XXIV, submitted to EPA by the Governor of West Virginia on 
December 19, 1979.
    (13) Amended Sections 3.01(2) and 3.03(1) of Regulation X (to 
prevent and control air pollution from the emission of sulfur oxides), 
submitted on January 25, 1978 and amended September 13, 1978 by the 
Governor.
    (14) Amended Regulations VI and VII, and an Identification and 
Analysis of the Impact of the 1979 West Virginia State Implementation 
Plan, submitted by the Governor of West Virginia on June 13, 1980.
    (15) An Implementation Plan for lead submitted by the Governor of 
West Virginia on June 13, 1980, and supplementary information 
subsequently submitted to show that lead sources would be subject to new 
source review.
    (16) Test Procedure for Quantifying Emissions From Bulk Gasoline 
Loading Terminals, submitted by the Governor of West Virginia on 
November 6, 1980.
    (17) West Virginia's plans for attaining the secondary National 
Ambient Air Quality Standard for total suspended particulate submitted 
by the Governor of West Virginia on November 14, 1980.
    (18) The consent order allowing alternative emission limitations for 
the Mountaineer Carbon Company, Moundsville, West Virginia, submitted on 
July 2, 1982 by the West Virginia Air Pollution Control Commission.
    (19) Consent Order dated July 6, 1982 between National Steel 
Corporation, Weirton Steel Division and the West Virginia Air Pollution 
Control Commission submitted on July 6, 1982 by Mr. Donald R. Richardson 
providing for an alternate emission control plan (bubble) for the 
Weirton, West Virginia steel mill.
    (20) Amended Regulation VII of the West Virginia Air Pollution 
Control Regulations submitted by the West Virginia Air Pollution Control 
Commission on April 29, 1983.
    (21) A revision submitted by the State of West Virginia on November 
4, 1983 which establishes an Ambient Air Quality Monitoring Network.
    (22) Amended Regulation XIX of the West Virginia Air Pollution 
Control Regulations submitted by the West Virginia Air Pollution Control 
Commission on April 29, 1983.
    (23) Regulation XIV (Permits for Construction and Major Modification 
of Major Stationary Sources of Air Pollution for the Prevention of 
Significant Deterioration) and a commitment letter submitted on June 13, 
1984, and December 16, 1985, respectively, by the Chairman of the West 
Virginia Air Pollution Control Commission.
    (i) Incorporation by reference.
    (A) Regulation XIV (Permits for the Construction and Major 
Modification of Major Stationary Sources of Air Pollution for the 
Prevention of Significant Deterioration) adopted by the State of West 
Virginia on June 14, 1984.
    (B) Letter of December 16, 1985, in which the West Virginia Air 
Pollutant Control Commission committed to comply with the July 8, 1985 
rulemaking notice concerning stack heights in its PSD permitting.
    (24) Revisions to the State Implementation Plan submitted by the 
West Virginia Air Pollution Control Commission.
    (i) Incorporation by reference.
    (A) Letter from the West Virginia Air Pollution Control Commission 
dated September 14, 1990, submitting a revision to the West Virginia 
State Implementation Plan.
    (B) A Consent Order, dated and effective September 12, 1990, issued 
by the West Virginia Air Pollution Control Commission to the Columbia 
Gas

[[Page 977]]

Transmission Corporation limiting the emissions and operation of a 
compressor engine at its Lost River Compressor Station in Mathias, Hardy 
County, West Virginia.
    (ii) Additional materials--remainder of the State submittal.
    (25) As of July 7, 1993 the rules in this paragraph (c)(25) are 
superseded by the rules contained in paragraph (c)(33) of this section. 
Revisions to the State Implementation Plan submitted by the West 
Virginia Air Pollution Control Commission, which define and impose RACT 
to control volatile organic compound emissions from bulk gasoline 
terminals, petroleum refineries, and storage of petroleum liquids in 
fixed roof tank facilities.
    (i) Incorporation by reference.
    (A) A letter from the West Virginia Air Pollution Control Commission 
dated June 4, 1991, submitting a revision to the West Virginia State 
Implementation Plan.
    (B) Amendments to Series 21, 23, and 24 of the regulations of the 
West Virginia Air Pollution Control Commission, submitted June 4, 1991, 
and effective May 6, 1991.
    (ii) Additional materials.
    (A) The nonregulatory portions of the state submittal.
    (26) Bilateral consent orders between the West Virginia Air 
Pollution Control Commission and six companies to limit emissions of 
particulate matter. The effective date of the consent order with Koppers 
is November 15, 1991; the effective date of the five other orders cited 
in paragraph (i)(B), below, is November 14, 1991.
    (i) Incorporation by reference.
    (A) Letter dated November 12, 1991 from the West Virginia Department 
of Commerce, Labor, and Environmental Resources transmitting six consent 
orders.
    (B) Consent orders with the following companies (West Virginia order 
number and effective date in parentheses): Follansbee Steel Corporation 
(CO-SIP-91-31, November 14, 1991); International Mill Service, 
Incorporated (CO-SIP-91-33, November 14, 1991); Koppers Industries, 
Incorporated (CO-SIP-91-32, November 15, 1991); Standard Lafarge (CO-
SIP-91-29, November 14, 1991); Starvaggi Industries, Incorporated (CO-
SIP-91-34, November 14, 1991); and Wheeling-Pittsburgh Steel Corporation 
(CO-SIP-91-29, November 14, 1991).
    (27) Revision to the State implementation plan consisting of a good 
engineering practice (GEP) for stack heights regulation as submitted by 
the Secretary, West Virginia Department of Commerce, Labor, and 
Environmental Resources on April 2, 1990:
    (i) Incorporation by reference.
    (A) Letter from the Secretary, Department of Commerce, Labor, and 
Environmental Resources dated April 2, 1990, submitting a revision to 
the West Virginia State implementation plan.
    (B) Regulation 20 (45CSR20)--``Good Engineering Practice as Applies 
to Stack Heights'' adopted by the State of West Virginia on April 8, 
1989. The regulation became effective on July 14, 1989.
    (ii) Additional materials.
    (A) Remainder of the State implementation plan revision submitted by 
the West Virginia Department of Commerce, Labor, and Environmental 
Resources on April 2, 1990.
    (28) Revisions to the State Implementation Plan submitted by the 
West Virginia Department of Commerce, Labor, and Environmental Resource 
on August 15, 1990.
    (i) Incorporation by reference.
    (A) Letter from the West Virginia Department of Commerce, Labor, and 
Environmental Resources dated August 15, 1990 submitting a revision to 
the West Virginia State Implementation Plan.
    (B) Amendments to the West Virginia Code Chapter 16, Article 20--
Regulation VIII--``Ambient Air Quality Standards for Sulfur Oxides and 
Particulate Matter''; Regulation XI--``Prevention of Air Pollution 
Emergency Episodes''; and Regulation XIV--`` Permits for Construction 
and Major Modification of Major Stationary Sources of Air Pollution for 
the Prevention of Significant Deterioration''. All three rules were 
adopted on March 19, 1990 and became effective April 25, 1990.
    (ii) Additional materials.

[[Page 978]]

    (A) Remainder of the State Implementation Plan revision request 
submitted by the West Virginia Department of Commerce, Labor, and 
Environmental Resources on August 15, 1990.
    (29) Revisions to the State Implementation Plan submitted by the 
Secretary, West Virginia Department of Commerce, Labor, and 
Environmental Resources on April 2, 1990.
    (i) Incorporation by reference.
    (A) Letter from the Secretary, Department of Commerce, Labor, and 
Environmental Resources dated April 2, 1990 submitting a revision to the 
West Virginia State Implementation Plan.
    (B) WVAPCC Rule TP-2--``Compliance Test Procedures for Regulation 
II--`To Prevent and Control Particulate Air Pollution From Combustion of 
Fuel in Indirect Heat Exchangers' '' adopted by the State of West 
Virginia on April 8, 1989.
    (ii) Additional materials.
    (A) Remainder of the State Implementation Plan revision request 
submitted by the West Virginia Department of Labor, Commerce, and 
Environmental Resources on April 2, 1990.
    (30) The ten year ozone maintenance plan including emission 
projections and contingency measures for Huntington, West Virginia 
(Cabell and Wayne counties) as revised and effective on August 10, 1994 
and submitted by the West Virginia Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) The ten year ozone maintenance plan including emission 
projections and contingency measures for Huntington, West Virginia 
(Cabell and Wayne counties) revised and effective on August 10, 1994.
    (31) The ten year ozone maintenance plan including emission 
projections and contingency measures for Parkersburg, West Virginia 
(Wood County) as revised and effective on August 10, 1994 and submitted 
by the West Virginia Division of Environmental Protection; Office of Air 
Quality:
    (i) Incorporation by reference.
    (A) The ten year ozone maintenance plan including emission 
projections and contingency measures for Parkersburg, West Virginia 
(Wood County) revised and effective on August 10, 1994.
    (32) The ten year ozone maintenance plan including emission 
projections and contingency measures for Charleston, West Virginia 
(Kanawha and Putnam Counties), as revised and effective on August 10, 
1994 and submitted by the West Virginia Division of Environmental 
Protection; Office of Air Quality:
    (i) Incorporation by reference.
    (A) The ten year ozone maintenance plan including emission 
projections and contingency measures for the Charleston, West Virginia 
(Kanawha and Putnam Counties) revised and effective August 10, 1994.
    (33) Revisions to the West Virginia State Implementation Plan 
submitted on August 12, 1993 by the West Virginia Department of 
Commerce, Labor & Environmental Resources.
    (i) Incorporation by reference.
    (A) Letter of August 10, 1993 from the West Virginia Department of 
Commerce, Labor & Environmental Resources transmitting Title 45 
Legislative Rules, Series 21, Regulation to Prevent and Control Air 
Pollution from Emission of Volatile Organic Compounds.
    (B) Title 45 Legislative Rules, Series 21, Regulation to Prevent and 
Control Air Pollution from Emission of Volatile Organic Compounds, 
sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, 18, 19, 21, 
22, 23, 24, 25, 26, 27, 28, 29, 31, 36, 39, 41, 42, 43, 44, 45, 46, 47, 
and 48, and Appendix A, which were adopted May 26, 1993 and effective 
July 7, 1993.
    (ii) Additional material.
    (A) Remainder of August 10, 1993 State submittal pertaining to the 
rules referenced in paragraph (c)(33)(i) of this section.
    (iii) Additional information.
    (A) The rules in this paragraph (c)(33) supersede the rules 
contained in paragraph (c)(25) of this section.
    (34) Revisions to the West Virginia State Implementation Plan 
submitted by the Secretary, West Virginia Department of Commerce, Labor, 
and Environmental Resources, Office of Air Quality, on August 10, 1993.
    (i) Incorporation by reference.
    (A) Letter dated August 10, 1993 from the Secretary, West Virginia 
Department of Commerce, Labor, and Environmental Resources, Office of 
Air

[[Page 979]]

Quality submitting 45 Code of State Regulations (CSR) Series 29 ``Rule 
Requiring the Submission of Emission Statements for Volatile Organic 
Compounds and Oxides of Nitrogen Emissions'' as a revision to the West 
Virginia State Implementation Plan. The effective date of this rule, 
45CSR29 is July 7, 1993.
    (B) West Virginia Regulation Title 45, Series 29, ``Rule Requiring 
the Submission of Emission Statements for Volatile Organic Compounds and 
Oxides of Nitrogen Emissions,'' consisting of Subsections: 1. General; 
2. Definitions; 3. Applicability; 4. Compliance Schedule; 5. Emission 
Statement Requirements; 6. Enforceability; and 7. Severability, 
effective July 7, 1993.
    (ii) Additional Material.
    (A) Remainder of August 10, 1993 State submittal pertaining to 45 
CSR Series 29, ``Rule Requiring the Submission of Emission Statements 
for Volatile Organic Compounds and Oxides of Nitrogen Emissions.''
    (B) [Reserved]
    (35)  [Reseved]
    (36) The ten year ozone maintenance plan including emission 
projections and contingency measures for Greenbrier County, West 
Virginia effective on September 1, 1994 and submitted by the West 
Virginia Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of September 9, 1994 from the West Virginia Division of 
Environmental Quality transmitting the ozone maintenance plan for 
Greenbrier County.
    (B) The ten year ozone maintenance plan including emission 
projections and contingency measures for Greenbrier County, West 
Virginia effective on September 1, 1994.
    (ii) Additional Material.
    (A) Remainder of September 9, 1994 State submittal pertaining to the 
maintenance plan referenced in paragraph (c)(36)(i) of this section.
    (B) [Reserved]
    (37) Revisions to the West Virginia State Implementation Plan 
submitted on May 16, 1995 by the West Virginia Division of Environmental 
Protection:
    (i) Incorporation by reference.
    (A) Letter of May 16, 1995 from West Virginia Division of 
Environmental Protection, transmitting the General Conformity Rule.
    (B) Title 45, Legislative Rule, Series 35 (45CSR35), Requirements 
for Determining Conformity of General Federal Actions to Applicable Air 
Quality Implementation Plans (General Conformity), effective May 1, 
1995.
    (ii) Additional material.
    (A) Remainder of May 16, 1995 State submittal pertaining to 45CSR35 
referenced in paragraph (c)(37) of this section.

[37 FR 10901, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.2520, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.2521   Classification of regions.

    The West Virginia 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)
----------------------------------------------------------------------------------------------------------------
Steubenville-Weirton-Wheeling Interstate.............           I          I       III       III           III  
Parkersburg-Marietta Interstate......................           I         II       III       III           III  
Huntington-Ashland-Portsmouth-Ironton Interstate.....           I        III       III       III           III  
Kanawha Valley Intrastate............................           I        III       III       III           III  
Southern West Virginia Intrastate....................         III        III       III       III           III  
North Central West Virginia Intrastate...............           I        III       III       III           III  
Cumberland-Keyser Interstate.........................           I          I       III       III           III  
Central West Virginia Intrastate.....................         III        III       III       III           III  
Allegheny Intrastate.................................         III        III       III       III           III  
Eastern Panhandle Intrastate.........................         III        III       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10902, May 31, 1972]

[[Page 980]]



Sec. 52.2522  Approval status.

    With the exceptions set forth below in this subpart, the 
Administrator approves West Virginia's plan for the attainment and 
maintenance of the national standards.
    (a) The Administrator approves the deletion of the provisions found 
in section 3.03(b) of regulation X except as it applies to the 
Rivesville plant, Monongahela Power Co.
    (b) The Administrator hereby extends the interim limitation of 5.12 
lbs. SO2 per million BTU for the Harrison power plant until a 
permanent emission limitation is approved.
    (c) The Administrator approves the amended Sections 3.01(2) and 
3.03(1) of West Virginia Air Pollution Control Commission Regulation X 
submitted January 25, 1978 and amended September 13, 1978, as a plan for 
attainment of the primary SO2 NAAQS. The Administrator does not 
approve the State's control strategy for attainment and maintenance of 
the secondary SO2 NAAQS submitted on those dates, so far as it 
applies to the Mitchell and Harrison power stations.
    (d) The Administrator approves West Virginia's November 15, 1991 SIP 
submittal for fulfilling all PM-10-specific requirements of part D of 
the Clean Air Act applicable to the Follansbee, West Virginia PM-10 
nonattainment area, except for the section 189(a)(1)(B) requirement for 
a demonstration that the plan is sufficient to attain the PM-10 NAAQS, 
which the Administrator is disapproving, and the section 172(c)(9) 
requirement for contingency measures, which the Administrator has yet to 
act upon.

[38 FR 16170, June 20, 1973, as amended at 45 FR 39255, June 10, 1980; 
45 FR 54051, Aug. 14, 1980; 45 FR 74480, Nov. 10, 1980; 47 FR 55396, 
Dec. 9, 1982; 59 FR 37688, July 25, 1994; 60 FR 33925, June 29, 1995]



Sec. 52.2523  Attainment dates for national standards.

    The New Manchester and Grant Magisterial Districts in Hancock County 
are expected to attain and maintain the secondary sulfur dioxide 
(SO2) standards as soon as the Sammis Power Plant meets the 
SO2 limitations in the Ohio State Implementation Plan.

[61 FR 16063, Apr. 11, 1996]



Sec. 52.2524   Compliance schedules.

    (a) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (b) Federal compliance schedules. (1) The owner or operator of any 
boiler or furnace of more than 250 million Btu per hour heat input 
subject to the emission limitation requirements of West Virginia 
Administrative Regulations, Chapter 16-20, Series X (hereinafter 
regulation X), section 3.01(a) or section 3.03(a), shall notify the 
Administrator, no later than October 1, 1973, of his intent to meet the 
requirements of said regulation by utilizing low-sulfur fuel, stack gas 
desulfurization, or a combination of stack gas desulfurization and low-
sulfur fuel.
    (2) Any owner or operator of a stationary source subject to 
paragraph (b)(1) of this section who elects to utilize low-sulfur fuel, 
either alone or in combination with stack gas desulfurization, shall be 
subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with the applicable regulation on June 30, 1975, and 
for at least one year thereafter.
    (ii) December 31, 1973--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (iii) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (iv) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (v) May 15, 1974--Initiate onsite modifications, if applicable.
    (vi) February 28, 1975--Complete onsite modifications, if 
applicable.
    (vii) June 30, 1975--Final compliance with the requirements of 
regulation X, section 3.01(a) or section 3.03(a).

[[Page 981]]

    (3) Any owner or operator of a stationary source subject to 
paragraph (b)(1) of this section who elects to utilize stack gas 
desulfurization, either alone or in combination with low-sulfur fuel, 
and any owner or operator of a stationary source subject to the emission 
limitation requirements of regulation X, section 3.05, shall be subject 
to the following compliance schedule:
    (i) October 15, 1973--Let necessary contracts for construction.
    (ii) February 28, 1974--Initiate onsite construction.
    (iii) February 28, 1975--Complete onsite construction.
    (iv) June 30, 1975--Final compliance with the requirements of 
regulation X, section 3.01(a), section 3.03(a), or section 3.05.
    (4) The owner or operator of any boiler or furnace of more than 250 
million Btu per hour heat input subject to the emission limitation 
requirements of regulation X, section 3.01(b) or section 3.03(b) shall 
notify the Administrator, no later than July 31, 1975, of his intent to 
meet the requirements of said regulation by utilizing low-sulfur fuel, 
stack gas desulfurization, or a combination of stack gas desulfurization 
and low-sulfur fuel.
    (5) Any owner or operator of a stationary source subject to 
paragraph (b)(4) of this section who elects to utilize low-sulfur fuel, 
either alone or in combination with stack gas desulfurization, shall be 
subject to the following compliance schedule:
    (i) August 31, 1975--Submit to the Administrator a projection of the 
amount of fuel, by types, that will be substantially adequate to enable 
compliance with the applicable regulation on June 30, 1978, and for at 
least one year thereafter, as well as a statement as to whether boiler 
modifications will be required. Submit final plans for modifications if 
they will be required.
    (ii) October 31, 1975--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (iii) December 31, 1975--Let contracts for necessary boiler 
modifications, if applicable.
    (iv) April 30, 1976--Initiate onsite modifications, if applicable.
    (v) April 30, 1977--Complete onsite modifications, if applicable.
    (vi) June 30, 1978--Final compliance with the requirements of 
regulation X, section 3.01(b) or section 3.03(b).
    (6) Any owner or operator of a stationary source subject to 
paragraph (b)(4) of this section who elects to utilize stack gas 
desulfurization, either alone or in combination with low-sulfur fuel, 
shall be subject to the following compliance schedule:
    (i) October 30, 1975--Submit to the Administrator a final control 
plan, which describes at a minimum the steps which will be taken by the 
source to achieve compliance with the applicable regulations.
    (ii) February 28, 1976--Let necessary contracts for construction.
    (iii) August 31, 1976--Initiate onsite construction.
    (iv) December 31, 1977--Complete onsite construction.
    (v) June 30, 1978--Final compliance with the requirements of 
regulation X, section 3.01(b) or section 3.03(b).
    (7) Any owner or operator subject to the compliance schedule in 
paragraph (b) (2), (3), (5) or (6) of this section shall certify to the 
Administrator within five days after the deadline for each increment of 
progress, whether or not the required increment of progress has been 
met.
    (8) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
the final compliance date in the applicable regulation. Ten days prior 
to such a test, notice must be given to the Administrator to afford him 
the opportunity to have an observer present.
    (9) (i) None of the above paragraphs shall apply to a source which 
is presently in compliance with applicable regulations and which has 
certified such compliance to the Administrator by October 1, 1973. The 
Administrator may request whatever supporting information he considers 
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.

[[Page 982]]

    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (iv) The requirements of this paragraph shall not apply to the 
following sources for which a request for a postponement of the 
applicability of regulation X had been submitted pursuant to section 
110(f) of the Act prior to the date of publication of this regulation:

------------------------------------------------------------------------
                  Source                              Location          
------------------------------------------------------------------------
Kammer Station, Ohio Power Company........  Moundsville.                
Mitchell Station, Ohio Power Company......      Do.                     
Harrison Station, Monongahela Power         Haywood.                    
 Company.                                                               
Fort Martin Station, Monongahela Power      Maidsville.                 
 Company.                                                               
------------------------------------------------------------------------

    (10) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (b) (2), (3), (5), or (6) of 
this section fails to satisfy the requirements of Secs. 51.261 and 
51.262(a) of this chapter.

[38 FR 16170, June 20, 1973, as amended at 38 FR 22751, Aug. 23, 1973; 
38 FR 24342, Sept. 7, 1973; 39 FR 32560, Sept. 9, 1974; 40 FR 3569, Jan. 
23, 1975; 51 FR 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989]



Sec. 52.2525  Control strategy: Sulfur dioxide.

    (a) The provisions of Sec. 51.112(a) are not met because the State 
did not adequately demonstrate that the deletion of section 3.03(b) of 
West Virginia regulation X as it applies to the Rivesville plant would 
not interfere with attainment and maintenance of the national ambient 
air quality standard.

[43 FR 52240, Nov. 9, 1978, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.2526--52.2527  [Reserved]



Sec. 52.2528  Significant deterioration of air quality.

    (a) The requirements of Sections 160 through 165 of the Clean Air 
Act are met since the plan includes approvable procedures for the 
Prevention of Significant Air Quality Deterioration.
    (b) Regulations for Preventing Significant Deterioration of Air 
Quality, the provisions of Sec. 52.21(p) (4), (5), (6), and (7) are 
hereby incorporated and made a part of the applicable state plan for the 
state of West Virginia.

[51 FR 12518, Apr. 11, 1986]
Secs. 52.2529--52.2530  [Reserved]



Sec. 52.2531  1990 base year emission inventory.

    EPA approves as a revision to the West Virginia State Implementation 
Plan the 1990 base year emission inventories for the Greenbrier county 
ozone nonattainment area submitted by the Secretary, West Virginia 
Department of Commerce, Labor & Environmental Resources on December 22, 
1992. These submittals consist of the 1990 base year point, area, non-
road mobile, biogenic and on-road mobile source emission inventories in 
Greenbrier County for the following pollutants: Volatile organic 
compounds (VOC), carbon monoxide (CO), and oxides of nitrogen 
(NOX).

[60 FR 39862, Aug. 4, 1995]
Sec. 52.2532  [Reserved]



Sec. 52.2533  Visibility protection.

    (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 and new source review. The 
provisions of Secs. 52.26 and 52.28 are hereby incorporated and made a 
part of the applicable plan for the State of West Virginia.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and

[[Page 983]]

made part of the applicable plan for the State of West Virginia.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.2534  Stack height review.

    The State of West Virginia has declared to the satisfaction of EPA 
that no State Implementation Plan emission limits, other than those for 
the Kammer power plant, have been affected by stack height credits 
greater than good engineering practice or any other prohibited 
dispersion technique as defined in EPA's stack height regulations, as 
revised on July 8, 1985. This declaration was submitted to EPA on 
September 16, 1988.

[55 FR 21752, May 29, 1990]



Sec. 52.2560  Small business technical and environmental compliance assistance program.

    On January 13, 1993, the Secretary of the West Virginia Department 
of Commerce, Labor and Environmental Resources submitted a plan for the 
establishment and implementation of a Small Business Technical and 
Environmental Compliance Assistance Program as a state implementation 
plan revision (SIP), as required by title V of the Clean Air Act. EPA 
approved the Small Business Technical and Environmental Compliance 
Assistance Program on September 15, 1993, and made it part of the West 
Virginia SIP. As with all components of the SIP, West Virginia must 
implement the program as submitted and approved by EPA.

[58 FR 48312, Sept. 15, 1993]



                          Subpart YY--Wisconsin



Sec. 52.2569  Identification of plan-conditional approval.

    (a) Revisions to the plan identified in Sec. 52.2570 were submitted 
on the date specified.
    (1)-(3) (Reserved)
    (4) On November 15, 1993, and July 28, 1994, the Wisconsin 
Department of Natural Resources (WDNR) submitted enhanced inspection and 
maintenance (I/M) rules and a Request for Proposal (RFP) as a revision 
to the State's ozone State Implementation Plan (SIP). The EPA 
conditionally approved these rules and RFP based on the State's 
commitment to amend its rules and sign its final I/M contract to address 
deficiencies noted in to the final conditional approval. These final, 
adopted rule amendments and final, signed contract must be submitted to 
the EPA within one year of the EPA's conditional approval.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, Chapter NR 485, effective July 1, 
1993.
    (ii) Additional materials.
    (A) SIP narrative plan titled ``Wisconsin--Ozone SIP--Supplement to 
1992 Inspection and Maintenance Program Submittal,'' submitted to the 
EPA on November 15, 1993.
    (B) RFP, submitted along with the SIP narrative on November 15, 
1993.
    (C) Supplemental materials, submitted on July 28, 1994, in a letter 
to the EPA.

[60 FR 2885, Jan. 12, 1995]



Sec. 52.2570  Identification of plan.

    (a) Title of plan: ``A Statewide Implementation Plan to Achieve Air 
Quality Standards for Particulates, Sulfur Oxides, Nitrogen Oxides, 
Hydrocarbons, Oxidants, and Carbon Monoxide in the State of Wisconsin.''
    (b) The plan was officially submitted on January 14, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) An abatement order for the Alma Power Plant in the Southeast 
LaCrosse AQCR was issued on February 15, 1972, by the State Department 
of Natural Resources. (Non-regulatory)
    (2) On March 3, 1972, the control strategy (IPP) for the Southeast 
Wisconsin Interstate was submitted by the State Department of Natural 
Resources. (Non-regulatory)
    (3) The air quality monitoring network was submitted by the State 
Department of Natural Resources on March 16, 1972. (Non-regulatory)
    (4) Revisions to the air quality monitoring network were submitted 
on April 7, 1972, by the State Department of Natural Resources. (Non-
regulatory)
    (5) A revised order, hearing documents and other information 
concerning the meeting of standards by the Alma Power Plant was 
submitted on

[[Page 984]]

January 19, 1973, by the Governor. Also submitted were revisions to 
emergency episode levels regulation NR 154.01(41)(c)-3 and NR 
154.01(41)(c)-4.
    (6) Compliance schedules were submitted on June 26, 1973, by the 
State.
    (7) Compliance schedules were submitted on October 11, 1973, by the 
State.
    (8) Compliance schedules were submitted on October 19, 1973, by the 
State.
    (9) Compliance schedules were submitted on November 10, 1973, by the 
State.
    (10) Compliance schedules were submitted on December 12, 1973, by 
the State.
    (11) The Governor of the State submitted the Air Quality Maintenance 
Areas designations on June 21, 1974.
    (12) A request for an extension of the statutory timetable for the 
submittal of the portion of the Wisconsin SIP which provides for the 
attainment of the Secondary NAAQS for TSP was submitted by the Wisconsin 
DNR on February 22, 1979, and was supplemented with additional 
information on April 16, 1979 and May 13, 1980.
    (13) On June 4, 1979, the State submitted revisions to regulation NR 
154.13 and to regulation NR 154.01 as it applies to regulation NR 154.13 
and a commitment by the Wisconsin Natural Resources Board to adopt any 
additional rules representing reasonably available control technology 
which are necessary for the attainment of the ozone standard. NR 154.01 
and NR 154.13 were published in the Wisconsin Administrative Register in 
July 1979 and were amended in the August 1979 Register.
    (14) On November 27, 1979 the Wisconsin Department of Natural 
Resources submitted revised rules NR 154.01 (126m), 154.02, 154.03 and 
154.06. Support materials for these regulations were previously 
submitted on July 12, 1979 and September 4, 1979.
    (15) On May 1, 1980, the Wisconsin Department of Natural Resources 
submitted the sulfur dioxide regulations NR 154.12 (4) and (5) for the 
Village of Brokaw, Marathon County and the City of Madison, Dane County.
    (16) On July 12, 1979, Wisconsin submitted its ozone and carbon 
monoxide plan. This included the plan for the Green Bay, Madison, and 
Milwaukee urban areas which include the ozone nonattainment counties of 
Brown, Dane, Kenosha, Milwaukee, Ozaukee, Racine and Waukesha. 
Supplemental materials and commitments were submitted on September 4, 
1979, February 28, 1980, August 12, 1980, September 25, 1980, November 
4, 1980 and April 9, 1981.
    (17) On July 12, 1979, Wisconsin submitted its vehicle inspection 
and maintenance program. Supplemental information and commitments were 
submitted on August 1, 1979, October 16, 1979, May 7, 1980, May 8, 1980, 
and April 9, 1981.
    (18) On July 12, 1979 Wisconsin submitted its new source review 
regulations. Additional information was submitted on September 4, 1979, 
November 27, 1979, May 1, 1980, and February 18, 1981. EPA is only 
approving these submittals as they relate to the new source review plan 
for nonattainment areas.
    (19) On April 18, 1980, the State of Wisconsin submitted a revision 
to provide for modification of the existing air quality surveillance 
network. An amendment to the revision was submitted by the State of 
Wisconsin on September 15, 1980.
    (20) On September 9, 1980, the State of Wisconsin submitted a 
variance to regulation NR 154.13(3)(c) for Avis Rent-A-Car.
    (21) On October 29, 1980 the State submitted a variance to 
regulation NR 154.13(3)(a) for Union Oil Company bulk gasoline terminal 
in Superior.
    (22) On July 12, 1979, the State submitted revisions to Regulation 
NR 154.09, Wisconsin Administrative Code.
    (23) Revision to plan allowing General Motors Assembly Division 
Janesville plant variance from Regulation NR 154.13(4)(g) 4.a., 
Wisconsin Administrative Code submitted January 15, 1981 by the State 
Department of Natural Resources.
    (24) On August 31, 1981, Wisconsin submitted a variance from the 
provisions of Section NR 154.12(5)(a)2.b.2, and NR 154.12(5)(b) 
Wisconsin Administrative Code, for the Oscar Mayer and Company plant 
located in Madison, Wisconsin as a revision to the Wisconsin sulfur 
dioxide SIP.

[[Page 985]]

    (25) Revision to plan allowing W. H. Brady Company in Milwaukee 
variance from regulation NR 154.13(4) (e) and (f), Wisconsin 
Administrative Code, submitted January 22, 1982, by the State Department 
of Natural Resources.
    (26) Revision to plan allowing Albany Carbide Corporation in Albany 
variance from regulation NR 154.13(5)(a), Wisconsin Administrative Code, 
submitted on December 22, 1981, by the State Department of Natural 
Resources.
    (27) On January 15, 1981, the Wisconsin Department of Natural 
Resources submitted revisions to regulations NR 154.01 and NR 154.13 
representing reasonably available control technology which are necessary 
to attain and maintain the ozone standard. A supplemental commitment was 
submitted March 31, 1982.
    (28) On November 27, 1979, the State of Wisconsin submitted 
implementation plan revision to satisfy the Part D, Title I of the Clean 
Air Act for attainment and maintenance of the national ambient air 
quality standards for particulate matter. The revision consists of NR 
154.11, Wisconsin Administrative Code, Control of Particulate Matter. 
Amendments to the plan were submitted by the State on November 6, 1980, 
and June 10, 1981. Supplemental information and commitments were 
submitted on May 1, 1980, May 13, 1982, and December 7, 1982. No 
attainment plan was submitted for Columbia, Brown, Dane, Douglas, 
Kenosha, Manitowoc, Marathon, Racine, Winnebago, and Wood Counties.
    (29) On July 15, 1982, the State of Wisconsin submitted a variance 
to the compliance regulation requirements contained in NR 
154.13(2)(a)1.d. for Lakehead Pipe Line Company, Inc., in Superior.
    (30) On December 7, 1982, Wisconsin submitted revisions to 
regulations NR 154.01 and NR 154.11(2) for fugitive dust control in or 
near nonattainment areas for TSP.
    (31) On March 8, 1983, the Wisconsin Department of Natural Resources 
submitted the 1982 revision to the Ozone/Carbon Monoxide SIP for 
Southeastern Wisconsin. This revision pertains to Kenosha, Milwaukee, 
Ozaukee, Racine, Walworth, Washington, and Waukesha Counties. EPA is 
deferring action on the vehicle inspection and maintenance (I/M) portion 
of this revision.
    (32) On February 17, 1983, the Wisconsin Department of Natural 
Resources submitted the newly created section NR 154.13(13)(e) of 
Wisconsin's Administrative Code which partially exempts methylene 
chloride (dichloromethane) and methyl chloroform (1,1,1-trichloroethane) 
from the VOC control requirements contained in the Wisconsin SIP. The 
U.S. Environmental Protection Agency is not rulemaking at this time on 
the sulfur dioxide control requirements for the City of Brokaw in 
Marathon County which were also contained in the February 17, 1983, 
submittal.
    (33) On January 23, 1984, the State of Wisconsin submitted a State 
Implementation Plan revision revoking the Hydrocarbon Standard contained 
in NR 155.03(5).
    (34) On July 1, 1983, the State of Wisconsin submitted ambient lead 
standards and lead emission limitations as additions to the State 
Implementation Plan. The additions consist of NR 155.03(7), Lead: 
Primary and Secondary Standards, and NR 154.145, Control of Lead 
Emissions, of the Wisconsin Administrative Code. Supplemental 
information and commitments were submitted on October 13, 1983, March 
14, 1984, June 4, 1984, and June 15, 1984.
    (35) On September 20, 1983, the Wisconsin Department of Natural 
Resources submitted its Lead SIP for the entire State of Wisconsin. 
Additional information was submitted on February 14, 1984, and March 14, 
1984.
    (36) On December 8, 1983, the Wisconsin Department of Transportation 
submitted Chapter TRANS 131, Motor Vehicle Inspection and Maintenance 
Program (MVIP). On June 11, 1984, the Wisconsin Department of Natural 
Resources requested that USEPA approve the remaining element of the 1982 
Ozone/Carbon Monoxide SIP, the vehicle inspection and maintenance 
portion (I-M). All other elements of the Ozone/Carbon Monoxide SIP has 
been approved previously. (See Section 52.2570 (c)(31)).
    (37) On May 25, 1984, the Wisconsin Department of Natural Resources 
submitted a permit fee rule, Chapter NR

[[Page 986]]

410, which establishes air permit application fees and air permit 
implementation and enforcement fees, as a revision to the SIP.
    (38) On January 23, 1984, the Wisconsin Department of Natural 
Resources (WDNR) submitted SO2 emission limits for large electric 
utility sources located in the City of Milwaukee, Milwaukee County, 
Wisconsin.
    WDNR recodified the rule and on October 23, 1987, submitted it as 
recodified.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, Natural Resources (NR) 418.04 as 
found at (Wisconsin) Register, September 1986, No. 369, effective 
October 1, 1986.
    (39) On January 23, 1984, the Wisconsin Department of Natural 
Resources submitted revisions to sections NR 154.01 and NR 154.13 of the 
Wisconsin Administrative Code. These revisions incorporate volatile 
organic compound emission limits for large existing petroleum dry 
cleaners located in a six-county area of southeastern Wisconsin into the 
Wisconsin Ozone SIP [NR 154.13(6)(c)].
    (40) On November 17, 1983, Wisconsin submitted revisions to Sections 
NR 154.01, Definitions, and NR 154.13, Control of Organic Compound 
Emissions, of the Wisconsin Administrative Code. These revisions clarify 
the volatile organic compound RACT rules and establish an extended RACT 
compliance date for certain can coating operations. On July 11, 1984, 
Wisconsin submitted additional information revising the original 
submittal.
    (i) Incorporation by reference.
    (A) Board Order A-36-82, incorporating revisions to NR 154.01 and NR 
154.13 of the Wisconsin Administrative Code, became effective in the 
State of Wisconsin on August 1, 1983.
    (41) On January 24, 1985, the Wisconsin Department of Natural 
Resources submitted test methods for petroleum dry cleaning sources as a 
revision to the Wisconsin SIP. These test methods are part of the 
State's ``Air Management Operations Handbook''.
    (i) Incorporation by reference.
    (A) Test methods for petroleum dry cleaning sources contained in the 
Wisconsin Department of Natural Resources' ``Air Management Operations 
Handbook''.
    (42) On July 12, 1979, the State of Wisconsin submitted its new 
source review (NSR) regulations. Additional information was submitted on 
September 4, 1979, November 27, 1979, May 1, 1980, and February 18, 
1981. USEPA has previously approved these submittals as they relate to 
the NSR plan for nonattainment areas. See (c) (18). USEPA is now 
approving these submittals as they relate to the general NSR 
requirements for attainment and unclassified areas. USEPA is not 
approving these submittals with regard to the Prevention of Significant 
Deterioration (PSD) requirements, and USEPA's approval of Wisconsin's 
NSR rules should not be interpreted to apply to PSD. USEPA is approving 
Secs. 144.394(2) and 144.394(5) of the State Statutes provided that all 
variances (144.394(2)) and emission reduction options (144.394(5)) are 
submitted to USEPA as SIP revisions. On November 6, 1985, the State 
submitted a letter committing to: (1) Revise its regulations to conform 
with USEPA's July 8, 1985, rulemaking concerning stack height credits 
for air quality modeling; and (2) implement all air quality modeling 
analyses to conform with the July 8, 1985, rulemaking until the revised 
State regulations are enacted.
    (i) Incorporation by reference. (A) The following Sections of 
Chapter 144 of the Wisconsin Statutes, entitled ``Water, Sewage, Refuse, 
Mining, and Air Pollution, are incorporated by reference. These sections 
are located in Subchapter I, ``Definitions'', Subchapter III, ``Air 
Pollution'', and Subchapter VII, ``General Provisions, Enforcement and 
Penalties'', of Chapter 144.

Section 144.01 (1), (2), (3), (9m), and (12)--Definitions
Section 144.30--Air Pollution; Definitions
Section 144.31--Air Pollution Control; Powers and Duties
Section 144.34--Inspections
Section 144.375--Air Pollution Control; Standards and Determinations
Section 144.38--Classification and Reporting
Section 144.391--Air Pollution Control Permits
Section 144.392--Permit Application and Review
Section 144.393--Criteria for Permit Approval

[[Page 987]]

Section 144.394--Permit Conditions
Section 144.395--Alteration, Suspension and Revocation of Permits
Section 144.396--Permit Duration
Section 144.397--Operation Permit Review
Section 144.398--Failure to Adopt Rules or Issue Permit or Exemption
Section 144.399--Fees
Section 144.402--Petition for Alteration
Section 144.403--Hearings on Certain Air Pollution Actions
Section 144.423--Violations; Enforcement
Section 144.426--Penalties for Violations Relating to Air Pollution
Section 144.98--Enforcement; Duty of Department of Justice

    (B) The following Sections of Chapter NR 154 of the Wisconsin 
Administrative Code, entitled ``Air Pollution Control'', are 
incorporated by reference.

Section 154.01--Definitions
Section 154.04--Permit Requirements and Exemptions
Section 154.05--Action on Applications
Section 154.055--Relocation of Portable Sources
Section 154.06--Operation and Inspection of Sources (Source Reporting, 
          Recordkeeping, Testing, Inspection and Operation)
Section 154.08--Enforcement and Penalties
Section 154.21--Limitations on County, Regional, or Local Regulations
Section 154.24--Procedures for Non-contested Case Public Hearings
Section 154.25--Procedures for Alteration of Permits by Petition

    (C) Letter from the State of Wisconsin dated November 6, 1985, 
committing to implement USEPA's stack height regulations.
    (43) On October 13, 1983, the State of Wisconsin submitted revisions 
to Chapter NR 154 of the Wisconsin Administrative Code that exempt 
certain sources from the need to obtain construction, modification, and 
operation permits, and from other permit program requirements. USEPA is 
approving these permit exemptions for attainment, nonattainment, and 
unclassified areas, except for those exemptions upon which USEPA is 
deferring action (Sections NR 154.01(118), NR 154.04(3)(a), NR 
154.04(5), and NR 154.04(6)(b)).
    (i) Incorporation by reference.
    (A) Sections NR 154.01, NR 154.04, NR 154.08, NR 154.24, and NR 
154.25 of Natural Resources Board Order Number A-39-81, which were 
published in the Wisconsin Administrative Register in April 1983, and 
which took effect on May 1, 1983, with the exception of sections NR 
154.01(118), NR 154.04(3)(a), NR 154.04(5), and NR 154.04(6)(b).
    (ii) Additional material.
    (A) Letter from the State dated May 24, 1984, clarifying that major 
sources, or major modifications of major sources, could not be exempted 
from the requirement to obtain a permit under sections NR 154.04(2)(a) 
or NR 154.04(3)(b).
    (B) Letter from the State dated July 13, 1984, stating that 
decisions made pursuant to NR 154.25 would be subject to the permitting 
criteria in Sec. 144.393 of the Wisconsin Statutes.
    (44) On August 20, 1985, Wisconsin submitted a revision to its 
volatile organic compound plan for the Continental Can Company. The 
revision allows the use of internal offsets, in conjunction with daily 
weighted emission limits, at Continental Can's Milwaukee and Racine can 
manufacturing facilities.
    (i) Incorporation by reference.
    (A) NR 422.05, as published in the (Wisconsin) Register, September, 
1986, number 369, effective October 1, 1986.
    (45) Submittal from the State of Wisconsin, dated February 17, 1983, 
modifying the SO2 emission limits applicable in the Village of 
Brokaw, Marathon County, Wisconsin.
    (i) Incorporation by reference.
    (A) Letter from the Wisconsin Department of Natural Resources, dated 
February 17, 1983, and revised SO2 emission limits for the Village 
of Brokaw, Marathon County, Wisconsin, which are contained in section NR 
154.12(4) of the Wisconsin Administrative Code. The revisions consist of 
limiting the maximum sulfur content in fuel oil burned in boilers to 1.0 
percent by weight, where a stack of 160 feet or more is used; limiting 
process emissions from the Copeland recovery system, pulp papermill 
cooking acid plant, and pulp digester blow stack to a combined total of 
228 pounds of SO2 per hour, when vented to a common stack of 160 
feet of more. If a stack height of less than 160 feet is used, or if the 
process emissions are not vented to acommon stack of 160 feet or more, 
then the emission limits approved by USEPA on April 9, 1981, must be 
met.

[[Page 988]]

See (c)(15). The emission limits were effective January 1, 1983.
    (46) The State of Wisconsin submitted negative declarations for 
several volatile organic compound source categories, as follows:

November 7, 1984--Synthetic organic chemical manufacturing industry 
sources (SOCMI) leaks and oxidation;
September 19, 1984--High-density polyethylene, polypropylene, and 
polystyrene resin manufacturers;
June 6, 1986--Natural gas/gasoline processing plants leaks.

    (i) Incorporation by reference.
    (A) Letters dated November 7, 1984, September 19, 1984, and June 6, 
1985, from Donald F. Theiler, Director, Bureau of Air Management, 
Wisconsin Department of Natural Resources.
    (ii) Additional information.
    (A) Letter dated January 24, 1986, from PPG Industries, Inc., 
stating that they do not produce as an intermediate or final product any 
of the chemicals listed in 40 CFR part 60, subpart VV, Sec. 60.489(a).
    (47) Submittal from the State of Wisconsin, dated December 19, 1985, 
revising the specified levels for air pollution episodes, air pollution 
episode reporting requirements, and the requirements for implementing 
air pollution control plans.
    (i) Incorporation by reference.
    (A) Department of Natural Resources, Chapter NR 493, Air Pollution 
Episode Levels and Episode Emissions Control Action Programs, NR 493.01, 
493.02 and 493.03, effective on August 1, 1985.
    (48) On April 7, 1986, the WDNR submitted a site-specific revision 
to its ozone SIP for VOC emissions from Union Camp's four flexographic 
printing presses at the Tomah facility, located in Monroe County, 
Wisconsin. It consists of a compliance date extension from December 31, 
1985, to December 31, 1987, for meeting the VOC emission limits 
contained in Wisconsin SHIP regulation, NR 154.13(4)(1).
    (i) Incorporation by reference.
    (A) January 8, 1986, RACT Variance Review for Union Camp Corporation 
501 Williams Street, Tomah, Wisconsin 54660.
    (49) Submittal from the State of Wisconsin, dated June 14, 1985, 
revising the Wisconsin Administrative Code to include section NR 
154.015, Department Review Times.
    (i) Incorporation by reference.
    (A) Letter from the Wisconsin Department of Natural Resources, dated 
June 14, 1985, and section NR 154.015 of the Wisconsin Administrative 
Code as a revision to the Wisconsin SIP, effective on May 1, 1985. 
Section NR 154.015 is entitled ``Department Review Times'', and it 
establishes time limits for review and action by the Wisconsin 
Department of Natural Resources on three types of air permit 
applications.
    (50) On November 20, 1986, the State of Wisconsin submitted a 
revision to the Vehicle Inspection and Maintenance program (I/M) portion 
of its ozone/CO SIP. This was a revised rule Table 1 for NR 485.04, 
Wisconsin Administrative Code, plus State SIP Revision Certification.
    (i) Incorporation by reference.
    (A) Wisconsin revised rule NR 485.04, Wisconsin Administrative Code, 
effective November 1, 1986.
    (51) [Reserved]
    (52) On December 1, 1987, the Wisconsin Department of Natural 
Resources (WDNR) submitted NR 418.06. NR 418.06 is an SO2 rule 
which is only applicable to the Badger Paper Mills facility, located in 
the City of Peshtigo, Marinette County, Wisconsin.
    (i) Incorporation by reference. (A) Natural Resources (NR) 418.06, 
Peshtigo RACT sulfur limitations, as published in the (Wisconsin) 
Register, October 1987, No. 382 at page 74, effective November 1, 1987.
    (53)-(54) [Reserved]
    (55) On January 28, 1985, Wisconsin submitted its Rothschild 
(Marathon County) SO2 plan, which contains emission limits for 
sources in the City of Rothschild and the Town of Weston, specifically 
for the Weyerhaeuser Paper Company and the Reed-Lignin Company, 
respectively. USEPA is approving NR 418.08 because this revision meets 
the requirements of part D of the Clean Air Act, 42 U.S.C. 7501-7508. 
The Wisconsin SIP, however, contains additional existing requirements 
for SO2. Today's action on NR 418.08 has been integrated within 
Wisconsin's existing SIP regulations, and does not

[[Page 989]]

eliminate a source's obligation to comply with all existing SO2 SIP 
requirements. Specifically, today's action in no way affects the terms 
and conditions of a Federal Consent Decree entered into by USEPA and the 
Weyerhaeuser Company located in Rothschild, Wisconsin No. 89-C-0973-C 
(W.D. Wis., filed November 1, 1989). This Consent Decree resolves 
USEPA's enforcement action against Weyerhaeuser Company for violations 
of SIP rule NR 154.12(1) (now recodified as 418.08). In that Decree, 
Weyerhaeuser committed to comply with NR 154.12(1) by installing a 
desulfurization scrubber. August 15, 1989, the WDNR issued a 
construction permit to Weyerhaeuser which limit the combined emissions 
of Weyerhaeuser's acid plant and desulfurization scrubber to 28 pounds 
of SO2 per hour. The conditions and terms of this construction 
permit and of the Consent Decree remain federally enforceable. On May 9, 
1987, 18 months past the effective date of USEPA's designation of 
Marathon County as a primary SO2 non-attainment area (October 9, 
1985, (50 FR 41139)), a construction moratorium was imposed in Marathon 
County under section 110(a)(2)(I) of the Clean Air Act because the 
county did not have a USEPA approved plan which assured the attainment 
and maintenance of the SO2 NAAQS. However, USEPA final approval of 
Rothschild's SO2 SIP will lift the section 110(a)(2)(I) 
construction ban in Marathon County.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, Natural Resources 418.08, 
Rothschild RACT sulfur limitations, as published in the (Wisconsin) 
Register, September, 1986, number 369, effective October 1, 1986.
    (ii) Additional information.
    (A) Weyerhaeuser Company, Federal Consent Decree No. 89-C-0973-C 
(W.D. Wis., filed November 1, 1989).
    (56) [Reserved]
    (57) On January 13, 1987, WDNR submitted a temporary variance from 
NR 154.13(4)(g) and interim emission limits for VOC emissions from 
General Motors Corporation's topcoat and final repair lines at 
Janesville, Wisconsin, which expire on December 31, 1992.
    (i) Incorporation by reference. (A) January 12, 1987, letter to Mike 
Cubbin, Plant Manager, General Motors Corporation from L.F. Wible, P.E., 
Administrator, Division of Environmental Standards.
    (58) [Reserved]
    (59) On November 6, 1986, WDNR submitted a variance from NR 
422.15(2)(b), subject to certain conditions, for the VOC emissions from 
Gehl Company's dip tank coating operation in West Bend, Wisconsin. On 
May 22, 1990, WDNR added four additional conditions to the revised plan, 
and on September 5, 1990, it submitted clarifications to the plan.
    (i) Incorporation by reference. (A) A November 6, 1986, letter from 
Lyman Wible, P.E., Administrator, Division of Environmental Standards, 
WDNR to Mr. Michael J. Mulcahy, Vice-President, Secretary and General 
Counsel, Gehl Company.
    (B) A May 10, 1990, letter from Lyman Wible, P.E., Administrator, 
Division of Environmental Standards, WDNR to Mr. Michael J. Mulcahy, 
Vice-President, Secretary and General Counsel, Gehl Company.
    (ii) Additional information. (A) A September 5, 1990, letter from 
Thomas F. Steidl, Attorney, WDNR to Louise C. Gross, Associated Regional 
Counsel, USEPA.
    (60) On January 23, 1984, and May 21, 1987, the WDNR submitted a 
proposed revision and additional information to the SO2 SIP for 
sources located in the cities of Green Bay and DePere, Wisconsin (Brown 
County).
    (i) Incorporation by reference. (A) Natural Resources 418.05, Green 
Bay and DePere RACT sulfur limitations, as published in the (Wisconsin) 
Register, September, 1990, No. 417 at page 96, effective October 1, 
1986.
    (ii) Additional information. (A) A July 16, 1990, letter from Don 
Theiler, Director Bureau of Air Management, WDNR additional information 
responding to USEPA's comments on the variable emission limits for 
Proctor & Gamble-Fox River, James River Corporation, and Green Bay 
Packaging.
    (B) An August 27, 1986, letter from Vicki Rudell, Air Management 
Engineer, WDNR to Mr. Bill Zabor, Proctor & Gamble, Fox River Mill, 
regarding

[[Page 990]]

averaging time to be used when determining SO2 emission limit 
exceedances and the concept of bubbling SO2 emission limit from the 
digester blow stack scrubber and brown stock washer stack.
    (C) A July 13, 1990, letter from W.F. Zabor, Environmental Control 
Manager, Proctor & Gamble to WDNR regarding the shut down of the bark 
combustor.
    (D) A June 12, 1990, letter from Scott E. Valitchka, Environmental 
Control Engineer, James River Corporation, regarding how it intends to 
determine compliance with its boiler SO2 emissions.
    (E) A July 9, 1990, letter from Brian F. Duffy, Corporate 
Environmental Director Mills Operations to WDNR regarding SO2 
emission limits and compliance demonstration.
    (F) A January 21, 1987, memorandum from Sudhir V. Desai, 
Environmental Engineer Central District Office, USEPA to Rashidan Khan, 
Engineering Section, USEPA, entitled ``Overview Inspection Green Bay 
Packaging Inc., Mill Division Green Bay, Wisconsin 54307, State FID 
405032100 (A21055)''.
    (61) [Reserved]
    (62) On December 11, 1991, the United States Environmental 
Protection Agency received a revision to Wisconsin's State 
Implementation Plan for Carbon Monoxide. This revision took the form of 
Administrative Order AM-91-71, dated November 22, 1991, which 
incorporates a stipulation between the Wisconsin Department of Natural 
Resources and the Brunswick Corporation d.b.a. Mercury Marine. The 
Administrative Order addresses the emissions of carbon monoxide into the 
ambient air from Mercury Marine Engine Testing Facility in Oshkosh, 
Wisconsin.
    (i) Incorporation by reference.
    Administrative Order AM-91-71, dated November 22, 1991, which 
incorporates a stipulation between the Wisconsin Department of Natural 
Resources and the Brunswick Corporation d.b.a. Mercury Marine.
    (ii) Additional materials.
    Attainment modeling demonstration of control strategy to limit 
carbon monoxide emissions from Mercury Marine Engine Testing Facility, 
dated December 20, 1989.
    (63) Revisions to the sulfur dioxide attainment plan were submitted 
by the State of Wisconsin between June 5, 1985, and January 27, 1992. 
The revised plan consists of: Natural Resources 417.07, Natural 
Resources 417.04, several operating permits, numerous administrative 
rules, numerous negative declarations, and some compliance plans.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, Natural Resources (NR) 417.07, 
Statewide Sulfur Dioxide Emission Limitations: Subsections 1 
(Applicability); 2a, 2b, 2c, 2d, 2g (Emission Limits for Existing 
Sources); 3 (Emission Limits for New Sources); 4 (More Restrictive 
Emission Limits); 5 (Alternate Emission Limits); 6 (Compliance 
Schedules); 7 (Compliance Determinations); 8 (Variance from Emission 
Limits); as published in the (Wisconsin) Register, September, 1990, 
Number 417 at page 86, effective October 1, 1986.
    (B) Wisconsin Administrative Code, NR 417.04, Southeastern Wisconsin 
Intrastate AQCR, as published in the (Wisconsin) Register, September, 
1990, Number 417 at page 85, effective October 1, 1986.
    (C) An Air Pollution Control Permit (MIA-10-DFS-82-36-101), dated 
and effective December 22, 1982, issued by the Wisconsin Department of 
Natural Resources to The Manitowoc Company, Inc., limiting the emissions 
and operation of Boiler #23 at the facility in Manitowoc, Manitowoc 
County, Wisconsin.
    (D) An Air Pollution Control Permit (EOP-10-DFS-82-36-102), dated 
and effective January 12, 1983, and amended on August 7, 1987, issued by 
the Wisconsin Department of Natural Resources to the Manitowoc Company, 
Inc., limiting the emissions and operation of Boilers #20, 21, and 22 at 
the facility in Manitowoc, Manitowoc County, Wisconsin.
    (E) An Administrative Order (86-436041870-J01), dated and effective 
November 25, 1986, issued by the Wisconsin Department of Natural 
Resources to the Manitowoc Company, Inc., South Works Facility, limiting 
the emissions and operation of Boilers #20 and 21 at the facility in 
Manitowoc, Manitowoc County, Wisconsin.

[[Page 991]]

    (F) An Administrative Order (86-445038550-J01), dated and effective 
October 27, 1986, issued by the Wisconsin Department of Natural 
Resources to Appleton Papers, Inc., limiting the emissions and operation 
of Boiler #22 at the facility in Appleton, Outagamie County, Wisconsin.
    (G) A letter from Andrew Stewart to Dennis Hultgren, dated and 
effective on October 9, 1986, that details the conditions of the 
compliance plan for Appleton Papers at the facility in Appleton, 
Outagamie County, Wisconsin.
    (H) An Administrative Order (86-445039100-J01), dated and effective 
December 23, 1986, issued by the Wisconsin Department of Natural 
Resources to the Fox River Paper Company, limiting the emissions and 
operation of Boiler #21 at the facility in Appleton, Outagamie County, 
Wisconsin.
    (I) An Administrative Order (87-445009950-N01), dated and effective 
May 7, 1987, issued by the Wisconsin Department of Natural Resources to 
the Sanger B. Powers Correctional Center, limiting the emissions and 
operation of Boilers #1 and 2 at the facility in Oneida, Outagamie 
County, Wisconsin.
    (J) An Air Pollution Control Permit (86-SJK-072), dated and 
effective July 28, 1987, issued by the Wisconsin Department of Natural 
Resources to the Thilmany Pulp and Paper Company, limiting the emissions 
and operation of Boilers #07, 08, 09, 10, and 11 at the facility in 
Kaukauna, Outagamie County, Wisconsin.
    (K) An Administrative Order (87-469034390-J01), dated and effective 
January 22, 1987, issued by the Wisconsin Department of Natural 
Resources to the FWD Corporation, limiting the emissions and operation 
of Boilers #21, 22, and 23 at the facility in Clintonville, Waupaca 
County, Wisconsin.
    (L) An Administrative Order (86-471030560-J01), dated and effective 
October 29, 1986, issued by the Wisconsin Department of Natural 
Resources to the Gilbert Paper Company, limiting the emissions and 
operation of Boilers #22, 23, 24, and 25 at the facility in Menasha, 
Winnebago County, Wisconsin.
    (M) An Administrative Order (86-471031000-J01), dated and effective 
November 25, 1986, issued by the Wisconsin Department of Natural 
Resources to Kimberly Clark-Neenah Paper and Badger Globe Division, 
limiting the emissions and operation of Boilers #21 and 22 at the 
facility in Neenah, Winnebago County, Wisconsin.
    (N) An Administrative Order (86-471031220-J01), dated and effective 
October 27, 1986, issued by the Wisconsin Department of Natural 
Resources to the U.S. Paper Mills Corporation-Menasha Mill Division, 
limiting the emissions and operation of Boiler #21 at the facility in 
Menasha, Winnebago County, Wisconsin.
    (O) A Mandatory Operating Permit (735008010-J01), dated and 
effective June 16, 1987, issued by the Wisconsin Department of Natural 
Resources to Owens-Illinois Tomahawk and Timber STS, Inc., limiting the 
emissions and operation of Boilers #24, 25, 27, 28, and 29 at the 
facility in Tomahawk, Lincoln County, Wisconsin.
    (P) An Administrative Order (86-750011350-J01), dated and effective 
September 16, 1986, issued by the Wisconsin Department of Natural 
Resources to the Del Monte Corporation, limiting the emissions and 
operation of Boilers #01 and 02 at the facility in Plover, Portage 
County, Wisconsin.
    (Q) An Air Pollution Control Permit (85-RV-013), dated and effective 
July 17, 1985, issued by the Wisconsin Department of Natural Resources 
to the Neenah Paper Company, limiting the emissions and operation of 
Boiler #01 at the facility in Stevens Point, Portage County, Wisconsin.
    (R) An Elective Operating Permit (87-NEB-701), dated and effective 
December 23, 1987, issued by the Wisconsin Department of Natural 
Resources to Nekoosa Papers, Incorporated-Port Edwards Mill, Inc., 
limiting the emissions and operation of Boilers #20, 21, 24, and 25; as 
well as the sulfite recovery furnace at the facility in Port Edwards, 
Wood County, Wisconsin.
    (S) An Air Pollution Control Permit (603007790-N01), dated and 
effective June 12, 1987, issued by the Wisconsin Department of Natural 
Resources to the Seneca Foods Corporation, limiting the emissions and 
operation of Boilers #10 and 11 at the facility in Cumberland, Barron 
County, Wisconsin.

[[Page 992]]

    (T) An Air Pollution Control Permit (MIA-10-KJC-83-16-044), dated 
and effective July 7, 1983, issued by the Wisconsin Department of 
Natural Resources to the Koppers Company, limiting the emissions and 
operation of Boiler #1 at the facility in Superior, Douglas County, 
Wisconsin.
    (U) An Administrative Order (86-649028490-N01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to the Wisconsin Dairies Cooperative, limiting the emissions 
and operation of Boilers #20, 21, and 22 at the facility in Clayton, 
Polk County, Wisconsin.
    (V) An Administrative Order (86-851009940-J01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to Lionite Hardboard, limiting the emissions and operation of 
Boiler #20 at the facility in Phillips, Price County, Wisconsin.
    (W) An Administrative Order (86-230008570-N01), dated and effective 
September 29, 1986, issued by the Wisconsin Department of Natural 
Resources to the University of Wisconsin-Parkside Heating Plant, 
limiting the emissions and operation of Boilers #20, 21, 22, and 23 at 
the facility in Kenosha, Kenosha County, Wisconsin.
    (X) An Administrative Order (86-241012970-J01), dated and effective 
September 29, 1986, issued by the Wisconsin Department of Natural 
Resources to the A.O. Smith/Automotive Products Company, limiting the 
emissions and operation of the fuel burning equipment at the facility in 
Milwaukee, Milwaukee County, Wisconsin.
    (Y) An Administrative Order (86-241014730-J01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to the American Can Company, limiting the emissions and 
operation of Boilers #20, 21, and 22 at the facility in Milwaukee, 
Milwaukee County, Wisconsin.
    (Z) An Administrative Order (87-241007360-J01), dated and effective 
October 28, 1987, issued by the Wisconsin Department of Natural 
Resources to the American Motors Corporation, Milwaukee Manufacturing 
Plant, limiting the emissions and operation of Boilers #20, 21, 22, 23, 
and 24 at the facility in Milwaukee, Milwaukee County, Wisconsin.
    (AA) An Administrative Order (86-241016710-J01), dated and effective 
September 29, 1986, issued by the Wisconsin Department of Natural 
Resources to the Eaton Corporation/Specific Industry Control Division, 
limiting the emissions and operation of Boilers #20, 21, 22, at the 
facility in Milwaukee, Milwaukee County, Wisconsin.
    (BB) An Administrative Order (86-241027050-J01), dated and effective 
September 18, 1986, issued by the Wisconsin Department of Natural 
Resources to the Milwaukee County Department of Health and Human 
Services, limiting the emissions and operation of Boilers #20, 21, 22, 
and 23, at the facility in Milwaukee, Milwaukee County, Wisconsin.
    (CC) An Administrative Order (86-241084690-J01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to OMC Evinrude, limiting the emissions and operation of 
Boilers #20, 21, and 22, at the facility in Milwaukee, Milwaukee County, 
Wisconsin.
    (DD) A letter from Bill Haas to Steve Otto, dated and effective on 
September 24, 1986, that details the conditions of the compliance plan 
for OMC-Evinrude at the facility in Milwaukee, Milwaukee County, 
Wisconsin.
    (EE) An Administrative Order (86-241009670-N01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to Patrick Cudahy, Incorporated, limiting the emissions and 
operation of Boilers #20, 22, and 24, at the facility in Cudahy, 
Milwaukee County, Wisconsin.
    (FF) An Elective Operating Permit (86-MJT-037), dated and effective 
September 23, 1986, issued by the Wisconsin Department of Natural 
Resources to the Peter Cooper Corporation, limiting the emissions and 
operation of Boilers #20, 21, 22,23, and 24 at the facility in Oak 
Creek, Milwaukee County, Wisconsin.
    (GG) An Administrative Order (86-241099910-J01), dated and effective 
October 5, 1986, issued by the Wisconsin Department of Natural Resources 
to the University of Wisconsin at Milwaukee, Central Heating Plant, 
limiting the emissions and operation of Boilers #20A, 20B, 20C, and 21 
at the facility in

[[Page 993]]

Milwaukee, Milwaukee County, Wisconsin.
    (HH) A letter from Donald F. Theiler to William H. Rowe, dated and 
effective on October 2, 1986, that details the conditions of the 
compliance plan for the University of Wisconsin at Milwaukee at the 
facility in Milwaukee, Milwaukee County, Wisconsin.
    (II) An Administrative Order (86-241025840-J01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to the Vilter Manufacturing Corporation, limiting the 
emissions and operation of Boilers #20, and 21, at the facility in 
Milwaukee, Milwaukee County, Wisconsin.
    (JJ) An Air Pollution Control Permit (EOP-10-DLJ-82-52-073), dated 
and effective January 18, 1983, issued by the Wisconsin Department of 
Natural Resources to J.I. Case, limiting the emissions and operation of 
Boilers #21 and 22 at the facility in Racine, Racine County, Wisconsin.
    (KK) An Administrative Order (86-252006370-J01), dated and effective 
October 13, 1986, issued by the Wisconsin Department of Natural 
Resources to S.C. Johnson and Son, Inc., limiting the emissions and 
operation of Boilers #20, 21, 22, and 23 at the facility in Sturtevant, 
Racine County, Wisconsin.
    (LL) A letter from Donald F. Theiler to Thomas T. Stocksdale, dated 
and effective on October 13, 1986, that details the conditions of the 
compliance plan for S.C. Johnson and Son at the facility in Sturtenant, 
Racine County, Wisconsin.
    (MM) An Administrative Order (86-252012530-J01), dated and effective 
September 29, 1986, issued by the Wisconsin Department of Natural 
Resources to Southern Wisconsin Center, limiting the emissions and 
operation of Boilers #20, 21, 22 and 23 at the facility in Union Grove, 
Racine County, Wisconsin.
    (NN) A letter from Donald F. Theiler to George Wade, dated and 
effective on September 24, 1986, that details the conditions of the 
compliance plan for Southern Wisconsin Center at the facility in Union 
Grove, Racine County, Wisconsin.
    (OO) An Administrative Order (86-252005050-J01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to Western Publishing Company, limiting the emissions and 
operation of Boilers #20A, 20B, and 21 at the facility in Racine, Racine 
County, Wisconsin.
    (PP) An Air Pollution Control Permit (MIA-12-DAA-83-60-208), dated 
and effective November 2, 1983, issued by the Wisconsin Department of 
Natural Resources to Borden Chemical, limiting the emissions and 
operation of Boiler #20 at the facility in Sheboygan, Sheboygan County, 
Wisconsin.
    (QQ) An Elective Operative Permit (86-SJK-71A), dated and effective 
May 25, 1988, issued by the Wisconsin Department of Natural Resources to 
the Wisconsin Power and Light Company, limiting the emissions and 
operation of Boilers #23, and 24 at the facility in Sheboygan, Sheboygan 
County, Wisconsin.
    (RR) An Air Pollution Control Permit (86-LMW-406), dated and 
effective September 18, 1986 issued by the Wisconsin Department of 
Natural Resources to the Wisconsin Power and Light Company, limiting the 
emissions and operation of Unit 2 at the facility in Portage, Columbia 
County, Wisconsin.
    (SS) An Administrative Order, dated and effective August 1, 1986, 
issued by the Wisconsin Department of Natural Resources to Oscar Mayer 
Foods Corporation, limiting the emissions from all sources at the 
facility in Madison, Dane County, Wisconsin.
    (TT) An Administrative Order, dated and effective August 6, 1986, 
issued by the Wisconsin Department of Natural Resources to the 
University of Wisconsin, Charter Street Heating Plant, limiting the 
emissions from all sources at the facility in Madison, Dane County, 
Wisconsin.
    (UU) An Administrative Order (86-114004770-N01), dated and effective 
September 23, 1986, issued by the Wisconsin Department of Natural 
Resources to the Universal Foods Corporation, limiting the emissions and 
operation of Boilers #21 and 22 at the facility in Juneau, Dodge County, 
Wisconsin.
    (VV) An Administrative Order (86-114003340-N01), dated and effective 
September 23, 1986, issued by the Wisconsin Department of Natural 
Resources to

[[Page 994]]

John Deere Horicon Works, limiting the emissions and operation of fuel 
burning equipment at the facility in Horicon, Dodge County, Wisconsin.
    (WW) An Administrative Order (86-420044680-N01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to the Taycheedah Correctional Institute, limiting the 
emissions and operation of Boiler #20 at the facility in Taycheedah, 
Fond du Lac County, Wisconsin.
    (XX) An Administrative Order (86-122003640-J01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to the Dairyland Power Cooperative, limiting the emissions and 
operation of Boilers #20 and 21 at the facility in Cassville, Grant 
County, Wisconsin.
    (YY) An Administrative Order (86-123002440-N01), dated and effective 
September 29, 1986, issued by the Wisconsin Department of Natural 
Resources to the Iroquois Foundry Company, limiting the emissions and 
operation of fuel burning equipment at the facility in Browntown, Green 
County, Wisconsin.
    (ZZ) An Administrative Order (86-424017550-J02), dated and effective 
March 2, 1987, issued by the Wisconsin Department of Natural Resources 
to the Berlin Foundry Company, limiting the emissions and operation of 
fuel burning equipment at the facility in Berlin, Green Lake County, 
Wisconsin.
    (AAA) An Administrative Order (86-424021180-N01), dated and 
effective er 30, 1986, issued by the Wisconsin Department of Natural 
Resources to the Berlin Tanning and Manufacturing Company, limiting the 
emissions and operation of fuel burning equipment at the facility in 
Berlin, Green Lake County, Wisconsin.
    (BBB) An Administrative Order (86-128003700-N01), dated and 
effective September 23, 1986, issued by the Wisconsin Department of 
Natural Resources to the Carnation Company-Pet Food and Cereal Division, 
limiting the emissions and operation of Boilers #21 and 22 at the 
facility in Jefferson, Jefferson County, Wisconsin.
    (CCC) An Administrative Order (86-154008030-J01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to Frank Brothers, Incorporated, limiting the 
emissions and operation of fuel burning equipment at the facility in 
Milton, Rock County, Wisconsin.
    (DDD) An Administrative Order (86-154002860-J01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to the General Motors Corporation, limiting the 
emissions and operation of Boilers #21, 22, 23, 24, and 25 at the 
facility in Janesville, Rock County, Wisconsin.
    (EEE) An Administrative Order (86-154004290-N01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to George Hormel and Company, limiting the emissions 
and operation of Boilers #20, 21 and 22 at the facility in Beloit, Rock 
County, Wisconsin.
    (FFF) An Administrative Order (86-999019320-J01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to Rock Road of Wisconsin, limiting the emissions and 
operation of fuel burning equipment at the facility in Janesville, Rock 
County, Wisconsin.
    (GGG) An Administrative Order (86-609037440-N01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to the Jacob Leinenkugel Brewing Company, limiting the 
emissions and operation of Boiler #20 at the facility in Chippewa Falls, 
Chippewa County, Wisconsin.
    (HHH) An Administrative Order (86-609037660-J01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to the Northern Wisconsin Center for the 
Developmentally Disabled, limiting the emissions and operation of 
Boilers #20, 21, 22, and 23 at the facility in Chippewa Falls, Chippewa 
County, Wisconsin.
    (III) An Air Pollution Control Permit (MIN-04-80-10-028), dated and 
effective June 19, 1981, issued by the Wisconsin Department of Natural 
Resources to Lynn Protein, limiting the operation of Boiler #21 at the 
facility in Clark County, Wisconsin.
    (JJJ) A letter from Thomas Woletz to Dale Sleiter, dated and 
effective on September 9, 1986, that details the conditions of the 
compliance plan for the

[[Page 995]]

Lynn Protein facility in Clark County, Wisconsin.
    (KKK) An Administrative Order (86-618022350-J01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to Uniroyal Tire Company, Incorporated, limiting the 
emissions and operation of Boilers #20, 21, and 22 at the facility in 
Eau Claire, Chippewa County, Wisconsin.
    (LLL) An Administrative Order (86-618027080-J01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to the University of Wisconsin Eau Claire Heating 
Plant, limiting the emissions and operation of Boilers #20 and 21 at the 
facility in Eau Claire, Chippewa County, Wisconsin.
    (MMM) An Administrative Order (86-618026530-N01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to the Waste Research and Reclamation Company, 
limiting the emissions and operation of Boilers #20 and 21 at the 
facility in Eau Claire, Chippewa County, Wisconsin.
    (NNN) An Administrative Order (86-632028430-J01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to the G. Heileman Brewing Company, limiting the 
emissions and operation of Boilers #20, 21, 24, and 25 at the facility 
in LaCrosse, LaCrosse County, Wisconsin.
    (OOO) An Administrative Order (86-632028210-J01), dated and 
effective November 26, 1986, issued by the Wisconsin Department of 
Natural Resources to the Trane Company-Main Complex, limiting the 
emissions and operation of Boilers #20, 21, 22, 23, and 24 at the 
facility in LaCrosse, LaCrosse County, Wisconsin.
    (PPP) An Administrative Order (86-632023590-J01), dated and 
effective November 26, 1986, issued by the Wisconsin Department of 
Natural Resources to the Trane Company-Plant 6, limiting the emissions 
and operation of Boilers #20, 21, and 22 at the facility in LaCrosse, 
LaCrosse County, Wisconsin.
    (QQQ) An Administrative Order (86-632028100-J01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to the University of Wisconsin-LaCrosse, limiting the 
emissions and operation of fuel burning equipment at the facility in 
LaCrosse, LaCrosse County, Wisconsin.
    (RRR) An Administrative Order (86-642028860-N01), dated and 
effective December 23, 1986, issued by the Wisconsin Department of 
Natural Resources to the Golden Guernsey Dairy, limiting the emissions 
and operation of fuel burning equipment at the facility in Sparta, 
Monroe County, Wisconsin.
    (SSS) An Elective Operating Permit (87-JBG-079), dated and effective 
March 9, 1988, issued by the Wisconsin Department of Natural Resources 
to the Dairyland Power Cooperative, limiting the emissions and operation 
of Boiler #20 at the facility in Genoa, Vernon County, Wisconsin.
    (ii) Additional information. (A) On June 9, 1992, Wisconsin DNR 
submitted its SO2 maintenance plan for the City of Madison, Dane 
County.
    (B) On June 12, 1992, Wisconsin DNR submitted its SO2 
maintenance plan for the City of Milwaukee, Milwaukee County.
    (64) On November 17, 1987, the Wisconsin Department of Natural 
Resources submitted Wisconsin's Rule Natural Resources (NR) 439.03--
Reporting; NR 439.09--Inspections; and NR 484.04--Code of Federal 
Regulation Provisions.
    (i) Incorporation by reference.
    (A) Wisconsin revised rules NR 439.03, NR 439.09 and NR 484.04, 
Wisconsin's Administrative Code, effective October 1, 1987.
    (65) On March 13, 1989, and May 10, 1990, Wisconsin Department of 
Natural Resources (WDNR) submitted rule packages AM-2-88 and AM-22-88, 
respectively, as revisions to its state implementation plan for 
particulate matter. AM-2-88 was published in December, 1988, and became 
effective on January 1, 1989. AM-2-88 modifies Chapter NR, Sections 
400.02, 404.02, 405.02, 406.04, and 484.03 of the Wisconsin 
Administrative Code (WAC). AM-22-88 was published in September, 1989, 
and became effective on October 1, 1989. AM-22-88 modifies Chapter NR, 
Sections 404.04 and 484.03 of the WAC.
    (i) Incorporation by reference.

[[Page 996]]

    (A) The rule packages revise NR 400.02, 404.02, 404.04, 405.02, 
406.04, and 484.03 of the Wisconsin Administrative Code.
    (ii) Additional information.
    (A) A January 22, 1993, letter from D. Theiler, Director, Bureau of 
Air Management, WDNR, provides additional information responding to 
USEPA's proposed disapproval of the SIP revision, and contains WDNR's 
commitment to using only test methods approved by USEPA.
    (66)-(68) [Reserved]
    (69) On November 18, 1992, the State submitted rules regulating 
volatile organic compound emissions from gasoline dispensing facilities' 
motor vehicle fuel operations.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, Chapter NR 420 Control of Organic 
Compound Emissions from Petroleum and Gasoline Sources; Section 420.02 
Definitions, Sections NR 420.02(8m), (24m), (32m), (38m), (39m); Section 
NR 420.045 Motor Vehicle Refueling; published in Wisc. Admin. Code in 
January 1993, and took effect on February 1, 1993.
    (B) Wisconsin Administrative Code, Chapter NR 425 Compliance 
Schedules, Exceptions, Registration and Deferrals for Organic Compound 
Emissions Sources in Chapters 419 to 424; Section 425.035 Throughput 
Reporting and Compliance Schedules for Motor Vehicle Refueling; 
published in Wisc. Admin. Code in January 1993, and took effect on 
February 1, 1993.
    (C) Wisconsin Administrative Code, Chapter NR 439 Reporting, 
Recordkeeping, Testing, Inspection and Determination of Compliance 
Requirements; Section NR 439.06(3)(c); Section NR 439.06(3)(i); 
published in the Wisc. Admin. Code in January 1993, and took effect on 
February 1, 1993.
    (D) Wisconsin Administrative Code, Chapter NR 484 Incorporation by 
Reference; Section 484.05(1) Test Method 21 in appendix A of 40 CFR part 
60 is incorporated by reference; Section NR 484.06(2) Other Materials 
(introduction); Section NR 484.06(2) (u) and (v) were created to 
incorporate San Diego Air Pollution Control District Test Procedures TP-
91-1 and TP-91-2; incorporated by reference in Wisc. Admin. Code in 
January 1993, and took effect on February 1, 1993.
    (E) Wisconsin Administrative Code, Chapter NR 494 Enforcement and 
Penalties for Violation of Air Pollution Control Provisions; renumbered 
Sections NR 494.025 and 494.03 to NR 494.03 and 494.05; Section NR 
494.04 Tagging Gasoline Dispensing Equipment; published in the Wisc. 
Admin. Code in January 1993 and took effect on February 1, 1993.
    (ii) Additional materials.
    (A) Stage II Vapor Recovery SIP Program Description dated November 
15, 1992.
    (B) Letter from WDNR dated March 29, 1993, citing State authority 
under Sections NR 144.98, 144.99, 144.423, and 144.426, Wisc. Admin. 
Code, to enforce the Stage II program.
    (C) Packet of public education materials on Stage II distributed by 
WDNR.
    (70) On July 2, 1993, the State of Wisconsin submitted a requested 
revision to the Wisconsin State Implementation Plan (SIP) intended to 
satisfy the requirements of section 182 (a)(3)(B) of the Clean Air Act 
as amended in 1990. Included were State rules establishing procedures 
for stationary sources throughout the state to report annual emissions 
of volatile organic compounds (VOC) and oxides of nitrogen (NOx) as 
well as other pollutants.
    (i) Incorporation by reference. Wisconsin Administrative Code, 
Chapter NR 438, Air Contaminant Emission Reporting Requirements, 
published in the Wisconsin Register, May 1993, effective June 1, 1993.
    (71)  [Reserved]
    (72) On November 18, 1992 and January 21, 1993, the State of 
Wisconsin submitted a Small Business Stationary Source Technical and 
Environmental Assistance Program for incorporation in the Wisconsin 
State Implementation Plan as required by Section 507 of the Clean Air 
Act. Included in the State's submittal were portions of 1991 Wisconsin 
Act 269 and 1991 Wisconsin Act 302.
    (i) Incorporation by reference.
    (A) Section 15.157(10)--small business environmental council--91-92 
Wis. Stats., Effective date: May 14, 1992.

[[Page 997]]

    (B) Section 144.36--small business stationary source technical and 
environmental compliance assistance program--91-92 Wis. Stats., 
Effective date: May 14, 1992.
    (C) Section 144.399(2)(c)--fees--91-92 Wis. Stats., Effective date: 
July 1, 1992.
    (D) Section 560.03(9)--business and industrial development--91-92 
Wis. Stats., Effective date: May 14, 1992.
    (E) Section 560.11--small business environmental council--91-92 Wis. 
Stats., Effective date: May 14, 1992.
    (F) Section 560, Subchapter III--permit information center--91-92 
Wis. Stats., Effective date: November 17, 1983.
    (G) Section 96--nonstatutory provisions; development--91 WisAct 302, 
1991 Laws of Wisconsin. Effective date May 14, 1992.
    (ii) Other material.
    (A) Program description.
    (73) Revisions to the ozone State Implementation Plan (SIP) were 
submitted by the Wisconsin Department of Natural Resources on September 
22, 1993, and January 14, 1994. These rules replace the 154 series 
stationary source VOC regulations previously contained in Wisconsin's 
ozone SIP with 400 series regulations which are consistent with the 
current Wisconsin Administrative Code. These rules are only being 
approved as they apply to the ozone SIP.
    (i) Incorporation by reference. The following chapters of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) Chapter NR 400: AIR POLLUTION CONTROL DEFINITIONS. NR 400.01 as 
published in the (Wisconsin) Register, February, 1990, No. 410, 
effective March 1, 1990. NR 400.02 as published in the (Wisconsin) 
Register, June, 1993, No. 450, effective July 1, 1993.
    (B) Chapter NR 419: CONTROL OF ORGANIC COMPOUND EMISSIONS, except 
for NR 419.07. NR 419.01, 419.02, 419.03, 419.04 and 419.06 as published 
in the (Wisconsin) Register, February, 1990, No. 410, effective March 1, 
1990. NR 419.05 as published in the (Wisconsin) Register, December, 
1993, No. 456, effective January 1, 1994.
    (C) Chapter NR 420: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM 
PETROLEUM AND GASOLINE SOURCES. NR 420.01 as published in the 
(Wisconsin) Register, February, 1990, No. 410, effective March, 1, 1990. 
NR 420.02 and 420.045 as published in the (Wisconsin) Register, January, 
1993, No. 445, effective February 1, 1993. NR 420.03 and 420.04 as 
published in the (Wisconsin) Register, December, 1993, No. 456, 
effective January 1, 1994. NR 420.05 as published in the (Wisconsin) 
Register, May, 1992, No. 437, effective June 1, 1992.
    (D) Chapter NR 421: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM 
CHEMICAL, COATINGS AND RUBBER PRODUCTS MANUFACTURING. NR 421.01 as 
published in the (Wisconsin) Register, February, 1990, No. 410, 
Effective March 1, 1990. NR 421.02, 421.03, 421.05 and 421.06 as 
published in the (Wisconsin) Register, December, 1993, No. 456, 
effective January 1, 1994. NR 421.04 as published in the (Wisconsin) 
Register, May, 1992, No. 437, effective June 1, 1992.
    (E) Chapter NR 422: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM 
SURFACE COATING, PRINTING AND ASPHALT SURFACING OPERATIONS. NR 422.01, 
422.05, 422.06, 422.07, 422.08, 422.085, 422.09, 422.10, 422.11, 422.12, 
422.13, 422.155 and 422.16 as published in the (Wisconsin) Register, 
February, 1990, No. 410, effective March 1, 1990. NR 422.02, 422.03, 
422.04, 422.14 and 422.15 as published in the (Wisconsin) Register, 
December, 1993, No. 456, effective January 1, 1994.
    (F) Chapter NR 423: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM 
SOLVENT CLEANING OPERATIONS. NR 423.01 as published in the (Wisconsin) 
Register, February, 1990, No. 410, effective March 1, 1990. NR 423.02 as 
published in the (Wisconsin) Register, January, 1987, No. 385, effective 
February 1, 1988. NR 423.03, 423.04, and 423.05 as published in the 
(Wisconsin) Register, December, 1993, No. 456, effective January 1, 
1994.
    (G) Chapter NR 424: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM 
PROCESS LINES. NR 424.01 and 424.03 as published in the (Wisconsin) 
Register, February, 1990, No. 410, effective March 1, 1990. NR 424.02 as 
published in the (Wisconsin) Register, April, 1988, No. 388, effective 
May 1,

[[Page 998]]

1988. NR 424.04 as published in the (Wisconsin) Register, December, 
1993, No. 456, effective January 1, 1994.
    (H) Chapter NR 425: COMPLIANCE SCHEDULES, EXCEPTIONS, REGISTRATION 
AND DEFERRALS FOR ORGANIC COMPOUND EMISSION SOURCES IN CHS. NR 419 TO 
424. NR 425.01 and 425.02 as published in the (Wisconsin) Register, 
February, 1990, No. 410, effective March 1, 1990. NR 425.03 425.04 and 
425.05 as published in the (Wisconsin) Register, December, 1993, No. 
456, effective January 1, 1994. NR 425.035 as published in the 
(Wisconsin) Register, January, 1993, No. 445, effective February 1, 
1993.
    (I) Chapter NR 439: REPORTING, RECORDKEEPING, TESTING, INSPECTION 
AND DETERMINATION OF COMPLIANCE REQUIREMENTS. NR 439.01 and 439.085 as 
published in the (Wisconsin) Register, May, 1992, No. 437, effective 
June 1, 1992. NR 439.02, 439.03, 439.04, 439.05, 439.055, 439.06, 
439.07, 439.075, 439.09, 439.095 and 439.11 as published in the 
(Wisconsin) Register, December, 1993, No. 456, effective January 1, 
1994. NR 439.08 as published in the (Wisconsin) Register, May, 1993, No. 
449, effective June 1, 1993. NR 439.10 as published in the (Wisconsin) 
Register, September, 1987, No. 381, effective October 1, 1987.
    (J) Chapter NR 484: INCORPORATION BY REFERENCE. NR 484.01 as 
published in the (Wisconsin) Register, May, 1992, No. 437, effective 
June 1, 1992. NR 484.02 as published in the (Wisconsin) Register, 
September, 1986, No. 369, effective October 1, 1986. NR 484.03 as 
published in the (Wisconsin) Register, May, 1993, No. 449, effective 
June 1, 1993. NR 484.04, 484.05 and 484.06 as published in the 
(Wisconsin) Register, December, 1993, No. 456, effective January 1, 
1994. NR 484.08 and 484.09 as published in the (Wisconsin) Register, 
October, 1992, No. 442, effective November 1, 1992.
    (74) On November 24, 1992, the State of Wisconsin requested a 
revision to the Wisconsin State Implementation Plan (SIP) to maintain 
the National Ambient Air Quality Standards for SO2 in Douglas 
County Wisconsin. Included were State orders and permits limiting 
emissions from CLM Corporation lime kilns and requiring Continuous 
Emission Monitoring Systems on these kilns.
    (i) Incorporation by reference.
    (A) Wisconsin Order AM-91-816A issued by WDNR to CLM Corporation on 
June 13, 1991. Wisconsin Administrative Order NWD-89-08 issued by the 
WDNR to CLM Corporation on December 20, 1989.
    (75) On November 15, 1992, January 15, 1993, July 28, 1993, and 
January 14, 1994 the State of Wisconsin submitted emergency and 
permanent rules for issuance of New Source Review permits for new and 
modified air pollution sources in nonattainment areas, as required by 
section 182(a)(2)(c) of the Clean Air Act. The emergency rules have now 
been superseded by the permanent rules to clarify and specify the NSR 
requirements that sources must meet under the Clean Air Act. Also 
submitted were portions of 1991 Wisconsin Act 302.
    (i) Incorporation by reference.
    (A) NR 400--Wisconsin Administrative Code, Air Pollution Control, 
Effective date January 1, 1994.
    (B) NR 406--Wisconsin Administrative Code, Construction Permits, 
Effective date January 1, 1994.
    (C) NR 408--Wisconsin Administrative Code, Nonattainment Area Major 
Source Permits, Effective date June 1, 1993.
    (D) NR 490--Wisconsin Administrative Code, Procedures for 
Noncontested Case Public Hearings, Effective date January 1, 1994.
    (E) Section 144.30--91-92 Wisconsin Statutes. Effective date May 14, 
1992.
    (F) Section 144.391--91-92 Wisconsin Statutes. Effective date May 
14, 1992.
    (G) Section 144.392--Construction permit application and review, 91-
92 Wisconsin Statutes. Effective date May 14, 1992.
    (H) Section 144.393--91-92 Wisconsin Statutes. Effective date May 
14, 1992.
    (i) Section 144.394--Permit conditions, 91-92 Wisconsin Statutes. 
Effective date May 14, 1992.
    (ii) Additional material.
    (A) Wisconsin's Emergency NSR regulations. Effective date November 
15, 1992.
    (B) On December 12, 1994, Donald Theiler, Director, Bureau of Air 
Management, WDNR sent a letter to

[[Page 999]]

USEPA clarifying Wisconsin's interpretation of ``any period of 5 
consecutive years.'' Wisconsin interprets the term as referring to the 
five-year period including the calendar year in which the increase from 
the particular change will occur and the four immediately preceding 
years.
    (76) On January 14, 1994, the State of Wisconsin submitted its rules 
for an Operating Permits program intended to satisfy federal 
requirements for issuing federally enforceable operating permits.
    (i) Incorporation by reference.
    (A) NR 407--Wisconsin Administrative Code, Operating Permits, 
Effective date January 1, 1994.
    (77) On November 15, 1993, the State of Wisconsin submitted a 
revision to the State Implementation Plan (SIP) for the implementation 
of an employee commute options (ECO) program in the Milwaukee-Racine, 
severe-17, ozone nonattainment area. This revision included Chapter NR 
486 of the Wisconsin Administrative Code, effective October 1, 1993, and 
Wisconsin Statutes sections 144.3712, enacted on April 30, 1992 by 
Wisconsin Act 302.
    (i) Incorporation by reference.
    (A) Chapter NR 486 of the Wisconsin Administrative Code, effective 
October 1, 1993.
    (B) Wisconsin Statutes, section 144.3712, enacted on April 30, 1992 
by Wisconsin Act 302.
    (78) On November 15, 1993, the State of Wisconsin submitted a 
revision to the State Implementation Plan (SIP) for the implementation 
of a motor vehicle inspection and maintenance (I/M) program in the 
Milwaukee-Racine and Sheboygan ozone nonattainment areas. This revision 
included 1993 Wisconsin Act 288, enacted on April 13, 1994, Wisconsin 
Statutes Sections 110.20, 144.42, and Chapter 341, Wisconsin 
Administrative Code Chapter NR 485, SIP narrative, and the State's 
Request for Proposal (RFP) for implementation of the program.
    (i) Incorporation by reference.
    (A) 1993 Wisconsin Act 288, enacted on April 13, 1994.
    (B) Wisconsin Statutes, Sections 110.20, 144.42, and Chapter 341, 
effective November 1, 1992.
    (79) On October 21, 1994, the Wisconsin Department of Natural 
Resources (WDNR) submitted a plan modifying the SO2 emission limits 
applicable to Rhinelander Paper Company facility, located in the City of 
Rhinelander, Oneida County, Wisconsin.
    (i) Incorporation by reference.
    (A) A Consent Order (AM-94-38), effective August 22, 1994 issued by 
the Wisconsin Department of Natural Resources (WDNR) and signed by 
Donald F. Theiler for the WDNR and Melvin L. Davidson for the 
Rhinelander Paper Company. Rhinelander Paper Company is located in 
Rhinelander (Oneida County), Wisconsin. This Order limits the overall 
SO2 emissions from the Rhinelander Paper Company, and imposes more 
stringent SO2 limits for the source's stoker and cyclone boilers 
and vapor compression evaporator. Sampling and testing of fuel, as well 
as monitoring criteria are documented within the Order.
    (B) A letter dated August 29, 1994 from the WDNR to Jerry Neis of 
Rhinelander Paper Company, requesting clarification for sampling 
methodologies for all fuel and the source of the sludge used as a fuel 
source.
    (C) A response letter dated October 19, 1994 from Jerome T. Neis of 
Rhinelander Paper Company to the WDNR, detailing sampling methodologies 
for all fuel and clarifying the source of the sludge used as a fuel 
source.
    (80)  [Reserved]
    (81) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on June 30, 
1994, and supplemented on July 15, 1994. This revision consists of 
volatile organic compound regulations which establish reasonably 
available control technology for yeast manufacturing, molded wood parts 
or products coating, and wood door finishing.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(7), (34) as amended and published in the (Wisconsin) 
Register, August, 1994, No. 464, effective September 1, 1994. NR 
422.02(12e), (18m), (24s), (27m), (33d), (34m), (46m), and (51) as

[[Page 1000]]

created and published in the (Wisconsin) Register, August, 1994, No. 
464, effective September 1, 1994.
    (B) NR 422.03(intro.) as amended and published in the (Wisconsin) 
Register, August, 1994, No. 464, effective September 1, 1994. NR 422.03 
(8) and (9) as created and published in the (Wisconsin) Register, 
August, 1994, No. 464, effective September 1, 1994.
    (C) NR 422.04(1)(a) as amended and published in the (Wisconsin) 
Register, August, 1994, No. 464, effective September 1, 1994.
    (D) NR 422.132 as created and published in the (Wisconsin) Register, 
August, 1994, No. 464, effective September 1, 1994.
    (E) NR 422.135 as created and published in the (Wisconsin) Register, 
August, 1994, No. 464, effective September 1, 1994.
    (F) NR 424.02 (3), (4), (5), (6), and (7) as created and published 
in the (Wisconsin) Register, June, 1994, No. 462, effective July 1, 
1994.
    (G) NR 424.05 as created and published in the (Wisconsin) Register, 
June, 1994, No. 462, effective July 1, 1994.
    (H) NR 439.04(5)(a)(intro.) as amended and published in the 
(Wisconsin) Register, August, 1994, No. 464, effective September 1, 
1994.
    (I) NR 439.075(2)(a)4. as amended and published in the (Wisconsin) 
Register, June, 1994, No. 462, effective July 1, 1994.
    (J) NR 439.09(7m) as created and published in the (Wisconsin) 
Register, June, 1994, No. 462, effective July 1, 1994. NR 439.09(9)(b) 
as amended and published in the (Wisconsin) Register, June, 1994, No. 
462, effective July 1, 1994.
    (K) NR 439.095 (1)(e) and (5)(e) as created and published in the 
(Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994.
    (L) NR 484.05(9) as renumbered from NR 484.05(2), amended and 
published in the (Wisconsin) Register, August, 1994, No. 464, effective 
September 1, 1994.
    (82) Revisions to the ozone State Implementation Plan (SIP) were 
submitted by the Wisconsin Department of Natural Resources on April 17, 
1990, and June 30, 1994, and supplemented on July 15, 1994. Included in 
these revisions is a volatile organic compound (VOC) regulation which 
establishes reasonably available control technology (RACT) for screen 
printing facilities. Additionally, the State submitted current negative 
declarations for pre-1990 Control Technology Guideline (CTG) categories 
for which Wisconsin does not have rules as well as a list of major 
sources affected by the 13 CTG categories that USEPA is required to 
issue pursuant to sections 183(a), 183(b)(3) and 183(b)(4) of the Clean 
Air Act (Act).
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(11m), (21s), (41p), (41s), (41v) and (42m) as created 
and published in the (Wisconsin) Register, June, 1994, No. 462, 
effective July 1, 1994. NR 422.02(32) as amended and published in the 
(Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994.
    (B) NR 422.03(4m) as created and published in the (Wisconsin) 
Register, June, 1994, No. 462, effective July 1, 1994.
    (C) NR 422.145 as created and published in the (Wisconsin) Register, 
June, 1994, No. 462, effective July 1, 1994.
    (D) NR 439.04(4)(intro.), (5)(a)1. and (5)(a)2. as amended and 
published in the (Wisconsin) Register, June, 1994, No. 462, effective 
July 1, 1994.
    (ii) Additional material.
    (A) On April 17, 1990, and June 30, 1994, Wisconsin submitted 
negative declarations for the following source categories: Leaks from 
petroleum refinery equipment; Manufacture of synthesized pharmaceutical 
products; Mmanufacture of pneumatic rubber tires; Automobile and light 
duty truck manufacturing; Fire truck and emergency response vehicle 
manufacturing; Manufacture of high-density polyethylene, polypropylene, 
and polystyrene resins, a.k.a. polymer manufacturing; Leaks from 
synthetic organic chemical and polymer manufacturing equipment; Air 
oxidation processes at synthetic organic chemical manufacturing 
industries; and Equipment leaks from natural gas/gasoline processing

[[Page 1001]]

plants. These negative declarations are approved into the Wisconsin 
ozone SIP.
    (B) On June 30, 1994, Wisconsin submitted a list of facilities 
subject to the post-enactment source categories listed in Appendix E to 
the General Preamble. 57 FR 18070, 18077 (April 28, 1992). The list 
included facilities covered by the source categories cleanup solvents, 
offset lithography, plastic parts coating, and wood furniture coating. 
This list is approved into the Wisconsin ozone SIP.
    (83) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on June 14, 
1995. This revision is a volatile organic compound (VOC) regulation 
which requires controls on facilities that perform autobody refinishing 
operations.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(intro.) and (47), 422.03 (1) and (3) and 484.05(1) as 
amended and published in the (Wisconsin) Register, August, 1995 and 
effective September 1, 1995.
    (B) NR 422.02 (1), (1x), (3m), (12d), (33j), (34s), (34v), (37s), 
(42n), (47e) and (49m) and 422.095 as created and published in the 
(Wisconsin) Register, August, 1995 and effective September 1, 1995.
    (C) NR 422.02(1s) as renumbered from 422.02(1) and published in the 
(Wisconsin) Register, August, 1995 and effective September 1, 1995.
    (84) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on February 
17, 1995, and supplemented on June 14, 1995. This revision consists of a 
volatile organic compound regulation that requires controls for gasoline 
storate tank vent pipes.
    (i) Incorporation by reference. The following section of the 
Wisconsin Administrative Code is incorporated by reference.
    (A) NR 420.035 as created and published in the (Wisconsin) Register, 
July, 1994, No. 463, effective August 1, 1994.
    (85) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on April 12, 
1995, and supplemented on June 14, 1995, and January 19, 1996. This 
revision consists of a volatile organic compound regulation that 
requires the control of emissions from traffic markings.
    (i) Incorporation by reference. The following section of the 
Wisconsin Administrative Code is incorporated by reference.
    (A) NR 422.02(16e), (42q), (42s) and (47m) as created and published 
in the (Wisconsin) Register, July, 1994, No. 463, effective August 1, 
1994.
    (B) NR 422.17 as created and published in the (Wisconsin) Register, 
July, 1994, No. 463, effective August 1, 1994.
    (86) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on April 12, 
1995, and supplemented on June 14, 1995, and January 19, 1996. This 
revision consists of a volatile organic compound regulation that 
requires additional controls on solvent metal cleaning operations. This 
rule is more stringent than the RACT rule it is replacing.
    (i) Incorporation by reference. The following section of the 
Wisconsin Administrative Code is incorporated by reference.
    (A) NR 423.02(10) as renumbered from NR 423.02(9), amended and 
published in the (Wisconsin) Register, August, 1994, No. 464, effective 
September 1, 1994. NR 423.02(11) as renumbered from NR 423.02(10) and 
published in the (Wisconsin) Register, August, 1994, No. 464, effective 
September 1, 1994. NR 423.02(9) and (12) as created and published in the 
(Wisconsin) Register, August, 1994, No. 464, effective September 1, 
1994.
    (B) NR 423.03 as created and published in the (Wisconsin) Register, 
August, 1994, No. 464, effective September 1, 1994.
    (C) NR 425.03(12)(a)7. as amended and published in the (Wisconsin) 
Register, August, 1994, No. 464, effective September 1, 1994.
    (87) The state of Wisconsin requested a revision to the Wisconsin 
State Implementation Plan (SIP). This revision is for the purpose of 
establishing and

[[Page 1002]]

implementing a Clean-Fuel Fleet Program to satisfy the federal 
requirements for a Clean Fuel Fleet Program to be part of the SIP for 
Wisconsin.
    (i) Incorporation by reference.
    (A) Chapter 487 of the Wisconsin Administrative Code, effective June 
1, 1995.
    (B) Wisconsin Statutes, section 144.3714, enacted on April 30, 1992, 
by Wisconsin Act 302.
    (88) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on June 30, 
1994, and supplemented on July 15, 1994. This revision consists of 
volatile organic compound regulations which establish reasonably 
available control technology for iron and steel foundries.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 419.02(1s), (1t), (1u), (3m) and (6m) as created and 
published in the (Wisconsin) Register, June, 1994, No. 462, effective 
July 1, 1994.
    (B) NR 419.08 as created and published in the (Wisconsin) Register, 
June, 1994, No. 462, effective July 1, 1994.
    (89) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on May 12, 
1995, and supplemented on June 14, 1995 and November 14, 1995. This 
revision consists of volatile organic compound regulations which 
establish reasonably available control technology for lithographic 
printing facilities.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(6), (18s), (21e), (24p), (24q), (28g), (37v), (41y) 
and (50v) as created and published in the (Wisconsin) Register, June, 
1995, No. 474, effective July 1, 1995.
    (B) NR 422.04(4) as amended and published in the (Wisconsin) 
Register, June, 1995, No. 474, effective July 1, 1995.
    (C) NR 422.142 as created and published in the (Wisconsin) Register, 
June, 1995, No. 474, effective July 1, 1995.
    (D) NR 439.04(5)(d)1.(intro.) as renumbered from 
439.04(5)(d)(intro.), amended, and published in the (Wisconsin) 
Register, June, 1995, No. 474, effective July 1, 1995.
    (E) NR 439.04(5)(d)1. a. and b. as renumbered from 439.04(5)(d)1. 
and 2., and published in the (Wisconsin) Register, June, 1995, No. 474, 
effective July 1, 1995.
    (F) NR 439.04(5)(d)2 as created and published in the (Wisconsin) 
Register, June, 1995, No. 474, effective July 1, 1995.
    (G) NR 439.04(5)(e)(intro.) as amended and published in the 
(Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995.
    (H) NR 439.06(3)(j) as created and published in the (Wisconsin) 
Register, June, 1995, No. 474, effective July 1, 1995.
    (I) NR 484.04(13m), (15e) and (15m) as created and published in the 
(Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995.
    (J) NR 484.10(39m) as created and published in the (Wisconsin) 
Register, June, 1995, No. 474, effective July 1, 1995.
    (90) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on May 12, 
1995 and later supplemented on June 14, 1995. This revision consists of 
volatile organic compound regulations which establish reasonably 
available control technology for facilities that perform wood furniture 
coating operations.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(3e),(7m), (16g), (16i), (16k), (41w), (42o), (42u), 
(50e), (50m) and (52) as created and published in the (Wisconsin) 
Register, August, 1995, No. 476, effective September 1, 1995.
    (B) NR 422.02(47) as amended and published in the (Wisconsin) 
Register, August, 1995, No. 476, effective September 1, 1995.
    (C) NR 422.125 as created and published in the (Wisconsin) Register, 
August, 1995, No. 476, effective September 1, 1995.

[[Page 1003]]

    (D) NR 422.15(1)(intro.) as amended and published in the (Wisconsin) 
Register, August, 1995, No. 476, effective September 1, 1995.
    (91) The State of Wisconsin requested a revision to the Wisconsin 
State Implementation Plan (SIP). This revision is for the purpose of 
satisfying the rate-of-progress requirement of section 182(b) and the 
contingency measure requirement of section 172(c)(9) of the Clean Air 
Act (Act) which will aid in ensuring the attainment of the national 
ambient air quality standard (NAAQS) for ozone.
    (i) Incorporation by reference.
    (A) Wisconsin Statutes, sections 144.31(1)(e) and (f), enacted on 
April 30, 1992, by Wisconsin Act 302.
    (92)  [Reserved]
    (93) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on December 
11, 1995 and later supplemented on January 12, 1996. This revision 
consists of a volatile organic compound regulation that establishes 
reasonably available control technology for facilities that use 
industrial adhesives.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(1e), (1m) and (28j) as created and published in the 
(Wisconsin) Register, August, 1995, No. 476, effective September 1, 
1995.
    (B) NR 422.127 as created and published in the (Wisconsin) Register, 
August, 1995, No. 476, effective September 1, 1995.
    (C) NR 422.132(1)(c) as repealed, recreated and published in the 
(Wisconsin) Register, August, 1995, No. 476, effective September 1, 
1995.

[37 FR 10902, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.2570, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.2571  Classification of regions.

    The Wisconsin plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant                     
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon            
                                                               matter     oxides    dioxide  monoxide    Ozone  
----------------------------------------------------------------------------------------------------------------
Duluth (Minnesota)-Superior (Wisconsin) Interstate........           I         II       III       III        III
North Central Wisconsin Intrastate........................          II        III       III       III        III
Lake Michigan Intrastate..................................          II        III       III       III        III
Southeast Minnesota-La Crosse (Wisconsin) Interstate......          II         IA       III       III        III
Southern Wisconsin Intrastate.............................          II        III       III       III        III
Southeastern Wisconsin Intrastate.........................           I         II       III       III          I
Rockford (Illinois)-Jamesville-Beloit (Wisconsin)                                                               
 Interstate...............................................          II        III       III       III        III
Metropolitan Dubuque Interstate...........................           I        III       III       III        III
----------------------------------------------------------------------------------------------------------------

[37 FR 10902, May 31, 1972, as amended at 39 FR 16348, May 8, 1974; 45 
FR 2322, Jan. 11, 1980]



Sec. 52.2572  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Wisconsin's plans for the attainment and maintenance of the 
National Ambient Air Quality Standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator findsthe plans satisfy all 
requirements of Part D, Title I, of the Clean Air Act as amended in 
1977, except as noted below. In addition, continued satisfaction of the 
requirements of Part D for the Ozone portion of the State Implementation 
Plan depends on the adoption and submittal of RACT requirements on: (1) 
Group III Control Techniques Guideline sources within 1 year after 
January 1st following the issuance of each Group III control technique 
guideline; and (2) major (actual emissions equal or greater than 100 
tons VOC per year) non-control technique guideline sources in accordance 
with the State's schedule contained in the 1982 Ozone SIP revision for 
Southeastern Wisconsin.

[49 FR 8923, Mar. 9, 1984]

[[Page 1004]]



Sec. 52.2573   General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the plan does not provide for public availability of emission 
data.
    (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-June 30 and July 1-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.

[37 FR 10902, May 31, 1972, as amended at 40 FR 55334, Nov. 28, 1975; 51 
FR 40676, Nov. 7, 1986]



Sec. 52.2574   Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met 
since section 144.33 of the Wisconsin Air Law will preclude the release 
of emission data in certain situations.

[37 FR 10902, May 31, 1972, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.2575  Control strategy: Sulfur dioxide.

    (a) Part D--Approval--With the exceptions set forth in this subpart, 
the Administrator approved the Wisconsin sulfur dioxide control plan.
    (1) Part D--No action--USEPA takes no action on the Wisconsin sulfur 
dioxide rules NR 154.12 (1), (2) and (3).
    (b) Sulfur dioxide maintenance plan.
    (1) An SO2 maintenance plan was submitted by the State of 
Wisconsin on June 9, 1992, for the City of Madison, Dane County.
    (2) An SO2 maintenance plan was submitted by the State of 
Wisconsin on June 12, 1992, for the City of Milwaukee, Milwaukee County.

[46 FR 21168, Apr. 9, 1981, as amended at 58 FR 29786 and 29790, May 24, 
1993]
Sec. 52.2576  [Reserved]



Sec. 52.2577  Attainment dates for national standards.

    The following table presents the latest dates by which the national 
standards are to be attained. The dates reflect the information 
presented in Wisconsin's plan, except where noted.

[[Page 1005]]



                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                   Pollutant                                    
                              ----------------------------------------------------------------------------------
  Air Quality Control Region              TSP                       SO2                                         
                              ----------------------------------------------------    NO2        CO        O3   
                                Primary     Secondary     Primary     Secondary                                 
----------------------------------------------------------------------------------------------------------------
Duluth (Minnesota)-Superior                                                                                     
 (Wisconsin Interstate (AQCR                                                                                    
 129):                                                                                                          
    a. Primary/Secondary       a........  f............  b........  a............  c........  c.......  c.      
     nonattainment areas.                                                                                       
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.      
North Central Wisconsin                                                                                         
 Intrastate (AQCR 238):                                                                                         
    a. Primary/Secondary       b........  f............  d........  c............  c........  c.......  d.      
     nonattainment areas.                                                                                       
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.      
Lake Michigan Intrastate                                                                                        
 (AQCR 237):                                                                                                    
    a. Primary/Secondary       b........  f............  c........  c............  c........  c.......  d.      
     nonattainment areas.                                                                                       
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.      
Southeast Minnesota-LaCrosse                                                                                    
 (Wisconsin) Interstate (AQCR                                                                                   
 128):                                                                                                          
    a. Primary/Secondary       b........  c............  a........  a............  c........  c.......  c.      
     nonattainment areas.                                                                                       
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.      
Southern Wisconsin Intrastate                                                                                   
 (AQCR 240):                                                                                                    
    a. Primary/Secondary       g........  f............  d........  c............  c........  c.......  d.      
     nonattainment areas.                                                                                       
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.      
Southeastern Wisconsin                                                                                          
 Intrastate (AQCR 239):                                                                                         
    a. Primary/Secondary       d........  d............  b........  a............  c........  e.......  e.      
     nonattainment areas.                                                                                       
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.      
Rockford (Illinois)-                                                                                            
 Janesville-Beloit                                                                                              
 (Wisconsin) Interstate (AQCR                                                                                   
 73) (Wisconsin portion):                                                                                       
    a. Primary/Secondary       d........  d............  c........  c............  c........  c.......  c.      
     nonattainment areas.                                                                                       
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.      
Metropolitan Dubuque                                                                                            
 Interstate (AQCR 68):                                                                                          
    a. Primary/Secondary       a........  a............  c........  c............  c........  c.......  c.      
     nonattainment areas.                                                                                       
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.      
----------------------------------------------------------------------------------------------------------------
a. July, 1975.                                                                                                  
b. Air quality levels presently below primary standard or are unclassifiable.                                   
c. Air quality levels presently below secondary standard or are unclassifiable.                                 
d. December 31, 1982.                                                                                           
e. December 31, 1987.                                                                                           
f. 18-Month extension granted for plan submission and identification of attainment date.                        
g. No attainment plan was submitted.                                                                            
                                                                                                                
Note: Sources subject to the plan requirements and attainment dates established under section 110(a)(2)(A) prior
  to the 1977 Clean Air Act Amendments remain obligated to comply with these requirements by the earlier        
  deadlines. The earlier attainment dates are set out at 40 CFR 52.2577(1978).                                  
                                                                                                                
For actual nonattainment designations refer to 40 CFR part 81.                                                  
Dates or footnotes which are italicized are prescribed by the Administrator because the plan did not provide a  
  specific date or the date provided was not acceptable.                                                        

[48 FR 9862, Mar. 9, 1983]



Sec. 52.2578  Compliance schedules.

    (a) [Reserved]
    (b) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (c) Federal compliance schedules. (1) Except as provided in 
paragraph (c)(3) of this section, the owner or operator of any 
stationary source in the Southeast Wisconsin AQCR subject to the 
following emission limiting regulation in the Wisconsin implementation 
plan shall comply with the the applicable

[[Page 1006]]

compliance schedule in paragraph (c)(2) of this section: Wisconsin Air 
Pollution Control Regulation NR 154.13.
    (2) (i) Compliance schedules. The owner or operator of any 
stationary source in the Southeast Wisconsin AQCR subject to NR 154.13 
shall notify the Administrator no later than October 1, 1973, of his 
intent either to install necessary control systems per Wisconsin Air 
Pollution Control Regulation NR 154.13(2) or to switch to an exempt 
solvent per Wisconsin Air Pollution Control Regulation NR 154.13(3) to 
comply with the requirements of Wisconsin Air Pollution Control 
Regulation NR 154.13.
    (ii) Any owner or operator of a stationary source subject to 
paragraph (c)(2)(i) of this section who elects to comply with the 
requirements of NR 154.13 by installing a control system shall take the 
following actions with respect to the source no later than the specified 
dates.
    (a) November 1, 1973--Advertise for bids for purchase and/or 
construction of control system or purchase of requisite material for 
process modification sufficient to control hydrocarbon emissions from 
the source.
    (b) December 15, 1973--Award contracts or issued order for purchase 
and/or construction of control system or purchase of requisite material 
for process modification sufficient to control hydrocarbon emissions 
from the source.
    (c) April 15, 1974--Initiate onsite construction or installation of 
control system or process modification.
    (d) November 1, 1974--Complete on-site construction or installation 
of control system or process modification.
    (e) January 1, 1975--Achieve final compliance with Wisconsin Air 
Pollution Control Regulation NR 154.13.
    (iii) Any owner or operator of a stationary source subject to 
paragraph (c)(2)(i) of this section, who elects to comply with the 
requirements of Wisconsin Air Pollution Control Regulation NR 154.13 by 
switching to an exempt solvent, shall take the following actions with 
respect to the source no later than the dates specified.
    (a) April 1, 1974--Begin testing exempt solvents.
    (b) June 1, 1974--Issue purchase orders for exempt solvents.
    (c) December 1, 1974--Convert to complete use of exempt solvent.
    (d) January 1, 1975--Achieve full compliance with Wisconsin Air 
Pollution Control Regulation NR 154.13.
    (iv) Any owner or operator subject to a compliance schedule above 
shall certify to the Administrator, within five days after the deadline 
for each increment of progress in that schedule, whether or not the 
increment has been met.
    (3) (i) None of the above paragraphs shall apply to a source which 
is presently in compliance with applicable regulations and which has 
certified such compliance to the Administrator by October 1, 1973. The 
Administrator may request whatever supporting information he considers 
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (4) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (c)(2) of this section fails to 
satisfy the requirements of Secs. 51.261 and 51.262(a) of this chapter.
    (d) [Reserved]
    (e) The compliance schedule for the source identified below is 
disapproved as not meeting the requirements of subpart N of this 
chapter. All regulations cited are air pollution control regulations of 
the State, unless otherwise noted.

[[Page 1007]]



----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved     Date schedule adopted 
----------------------------------------------------------------------------------------------------------------
                                                 douglas county                                                 
                                                                                                                
----------------------------------------------------------------------------------------------------------------
M&O Elevators Inc. (c) Units 12-17...  Superior...............  NR154.11(4)(b).........  Sept. 25, 1973.        
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                 marathon county                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Mosinee Paper Co.....................  Mosinee................  NR154.11(4), (5).......  May 19, 1973.          
----------------------------------------------------------------------------------------------------------------

[38 FR 16170, June 20, 1973, as amended at 38 FR 22752, Aug. 23, 1973; 
38 FR 24832, Sept. 7, 1973; 39 FR 28159, Aug. 5, 1974; 39 FR 32608, 
Sept. 10, 1974; 43 FR 53440, Nov. 16, 1978; 51 FR 40675, 40676, 40677, 
Nov. 7, 1986; 54 FR 25258, June 14, 1989]
Secs. 52.2579--52.2580  [Reserved]



Sec. 52.2581   Significant deterioration of air quality.

    (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 Sec. 52.21(b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of Wisconsin.
    (c) All applications and other information required pursuant to 
Sec. 52.21 from sources in the State of Wisconsin shall be submitted to 
the Secretary of Wisconsin Department of Natural Resources, P.O. Box 
7921, Madison, Wisconsin 53707 instead of the EPA Region V office.

[45 FR 52741, Aug. 7, 1980, and 46 FR 9585, Jan. 29, 1981]
Secs. 52.2582--52.2583  [Reserved]



Sec. 52.2584  Control strategy; Particulate matter.

    (a) Part D--Disapproval--USEPA disapproves Regulation NR 
154.11(7)(b) of Wisconsin Administrative Code (RACT Requirements for 
Coking Operations), which is part of the control strategy to attain and 
maintain the standards for particulate matter, because it does not 
contain an enforceable RACT-level numerical visible emission limitation 
for charging operations.
    (b) Approval--On April 30, 1988 and March 30, 1990, the State of 
Wisconsin submitted committal SIPs for particulate matter with an 
aerodynamic diameter equal to or less than 10 micrometers (PM10) 
for the Group II areas within the Cities of DePere, Madison, Milwaukee, 
Superior, and Waukesha. This committal SIP meets all of the requirements 
identified in the July 1, 1987, promulgation of the SIP requirements for 
PM10.

[48 FR 9862, Mar. 9, 1983, as amended at 55 FR 33120, Aug. 14, 1990]



Sec. 52.2585  Control strategy: Ozone.

    (a) Disapproval--On November 6, 1986, the Wisconsin Department of 
Natural Resources submitted as a proposed revision to the State's ozone 
State Implementation Plan a site-specific reasonably available control 
technology determination for a miscellaneous metal parts and products 
dip coating line. This line is located at the Gehl facility in 
Washington County, Wisconsin. In a May 31, 1988 (53 FR 19806), notice of 
proposed rulemaking, United States Environmental Protection Agency 
proposed to disapprove this site-specific revision to the Wisconsin 
State Implementation Plan for ozone.
    (b) Disapproval--On August 22, 1986, the Wisconsin Department of 
Natural Resources submitted a proposed revision to its ozone State 
Implementation Plan consisting of a site-specific reasonably available 
control technology determination for two miscellaneous metal parts and 
products spray coatings lines. These operations are located at the 
General Electric Company, Medical Systems facility in Milwaukee, 
Wisconsin, an area which has been designated as nonattainment for ozone, 
pursuant to section 107 of the Clean Air Act and 40 Code of Federal 
Regulations, part 81, Sec. 81.350.
    (c)  [Reserved]

[[Page 1008]]

    (d) Approval--On November 15, 1992, the Wisconsin Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan. The submittal pertained to the development of a process for 
assessing conformity of any federally-funded transportation and other 
federally funded projects in the nonattainment area.
    (e) Approval--On January 15, 1993, the Wisconsin Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan for the 1990 base year inventory. The inventory was submitted by 
the State of Wisconsin to satisfy Federal requirements under section 
182(a)(1) of the Clean Air Act as amended in 1990 (the Act), as a 
revision to the ozone State Implementation Plan (SIP) for all areas in 
Wisconsin designated nonattainment, classified marginal to extreme. 
These areas include counties of Walworth, Door, Kewaunee, Manitowoc, 
Sheboygan, and the six county Milwaukee area (counties of Washington, 
Ozaukee, Waukesha, Milwaukee, Racine, and Kenosha).
    (f) Approval--The Administrator approves the incorporation of the 
photochemical assessment ambient monitoring system submitted by 
Wisconsin on November 15, 1993, into the Wisconsin State Implementation 
Plan. This submittal satisfies 40 CFR 58.20(f) which requires the State 
to provide for the establishment and maintenance of photochemical 
assessment monitoring stations (PAMS).
    (g) Approval--On November 15, 1993, the Wisconsin Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan. The submittal pertained to a plan for forecasting VMT in the 
severe ozone nonattainment area of southeastern Wisconsin and 
demonstrated that Transportation Control Measures would not be necessary 
to offset growth in emissions.
    (h) Approval--On November 15, 1993, the Wisconsin Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan. The submittal pertained to a plan for forecasting VMT in the 
severe ozone nonattainment area of southeastern Wisconsin and 
demonstrated that Transportation Control Measures would not be necessary 
to meet the 15 percent Rate-of-Progress milestone.
    (i) Approval--EPA is approving the section 182(f) oxides of nitrogen 
(NOX) reasonably available control technology (RACT), new source 
review (NSR), vehicle inspection/maintenance (I/M), and general 
conformity exemptions for the moderate and above ozone nonattainment 
areas within Wisconsin as requested by the States of Illinois, Indiana, 
Michigan, and Wisconsin in a July 13, 1994 submittal. This approval also 
covers the exemption of transportation and general conformity 
requirements of section 176(c) for the Door and Walworth marginal ozone 
nonattainment areas. Approval of these exemptions is contingent on the 
results of the final ozone attainment demonstration expected to be 
submitted in mid-1997. The approval will be modified if the final 
attainment demonstration demonstrates that NOX emission controls 
are needed in any of the nonattainment areas to attain the ozone 
standard in the Lake Michigan Ozone Study modeling domain.

[54 FR 29557, July 13, 1989, as amended at 54 FR 34517, Aug. 21, 1989; 
58 FR 34226, 34227, June 24, 1993; 59 FR 12853, Mar. 18, 1994; 59 FR 
30705, June 15, 1994; 59 FR 42766, Aug. 19, 1994; 60 FR 22285, May 5, 
1995; 60 FR 47089, Sept. 11, 1995; 61 FR 2438, Jan. 26, 1996]



Sec. 52.2586  Small business stationary source technical and environmental compliance assistance program.

    The Wisconsin small business stationary source technical and 
environmental compliance assistance program submitted on November 18, 
1992 and January 21, 1993, satisfies the requirements of Section 507 of 
the Clean Air Act.

[59 FR 40826, Aug. 10, 1994]



                           Subpart ZZ--Wyoming



Sec. 52.2620   Identification of plan.

    (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,

[[Page 1009]]

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.

[[Page 1010]]

    (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

[[Page 1011]]

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.

[37 FR 10903, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.2620, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.2621   Classification of regions.

    The Wyoming 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)
----------------------------------------------------------------------------------------------------------------
Cheyenne Intrastate..................................          II        III       III       III           III  
Casper Intrastate....................................          II        III       III       III           III  
Wyoming Intrastate...................................         III        III       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10904, May 31, 1972]

[[Page 1012]]



Sec. 52.2622  Approval status.

    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]
Secs. 52.2623--52.2624  [Reserved]



Sec. 52.2625   Compliance schedules.

    (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                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location          Regulations involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.        

[[Page 1013]]

                                                                                                                                                        
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.              
--------------------------------------------------------------------------------------------------------------------------------------------------------

[41 FR 36653, Aug. 31, 1976, as amended at 51 FR 40676, Nov. 7, 1986]
Secs. 52.2626--52.2629  [Reserved]



Sec. 52.2630  Prevention of significant deterioration of air quality.

    (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 Sec. 52.21(b) through 
(v) are hereby incorporated by reference 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]
Sec. 52.2631  [Reserved]
Sec. 52.2632  Visibility protection. [Reserved]



Sec. 52.2633  Stack height regulations.

    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]



                            Subpart AAA--Guam



Sec. 52.2670   Identification of plan.

    (a) Title of Plan: ``Implementation Plan for Compliance With the 
Ambient Air Quality Standards for the Territory of Guam.''
    (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.

[[Page 1014]]

    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 Sec. 52.2670.

    (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]



Sec. 52.2671   Classification of regions.

    The Guam plan was evaluated on the basis of the following 
classifications.

[[Page 1015]]



----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant                        
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants   
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Guam.................................................         III         II       III       III           III  
----------------------------------------------------------------------------------------------------------------



Sec. 52.2672  Approval status.

    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]
Secs. 52.2673--52.2675  [Reserved]



Sec. 52.2676   Significant deterioration of air quality.

    (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 Sec. 52.21(b) through (w) 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]
Sec. 52.2677  [Reserved]



Sec. 52.2678  Control strategy and regulations: Particulate matter.

    (a) The requirements of Sec. 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]


[[Page 1016]]





Sec. 52.2679  Control strategy and regulations: Sulfur dioxide.

    (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]
Secs. 52.2680--52.2681  [Reserved]



Sec. 52.2682  Air quality surveillance.

    (a) The requirements of Sec. 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 Sec. 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]
Sec. 52.2683  [Reserved]



Sec. 52.2684  Source surveillance.

    (a) The requirements of Sec. 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]
Sec. 52.2685  [Reserved]



Sec. 52.2686  Upset-breakdown reporting.

    (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



Sec. 52.2720   Identification of plan.

    (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

[[Page 1017]]

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.
    (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

[[Page 1018]]

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.

[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]



Sec. 52.2721   Classification of regions.

    The Puerto Rico plan was evaluated on the basis of the following 
classifications.

[[Page 1019]]



----------------------------------------------------------------------------------------------------------------
                                                                               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]



Sec. 52.2722  Approval status.

    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.

[45 FR 72658, Nov. 3, 1980]
Secs. 52.2723--52.2724  [Reserved]



Sec. 52.2725   General requirements.

    (a) The requirements of Sec. 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]



Sec. 52.2726   Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met, 
since Article 17 of Puerto Rico Act 9 could, in some circumstances, 
prohibit the disclosure

[[Page 1020]]

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]
Secs. 52.2727--52.2728  [Reserved]



Sec. 52.2729  Significant deterioration of air quality.

    (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 Sec. 52.21(b) through (w) 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]
Sec. 52.2730  [Reserved]



Sec. 52.2731   Control strategy and regulations: Sulfur oxides.

    (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]



Sec. 52.2732  Small business technical and environmental compliance assistance program.

    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

    Source: 37 FR 10905, May 31, 1972, unless otherwise noted.



Sec. 52.2770   Identification of plan.

    (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, section 
206-26(a) of the Virgin Islands Rules and Regulations, submitted on 
August 17, 1972, by the Governor.

[[Page 1021]]

    (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

[[Page 1022]]

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 
Sec. 52.2770, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 52.2771   Classification of regions.

    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  
----------------------------------------------------------------------------------------------------------------



Sec. 52.2772   Approval status.

    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.


Sec. 52.2773    EPA-approved Virgin Islands regulations.

                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                            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.  

[[Page 1023]]

                                                                                                                
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]

[[Page 1024]]

Sec. 52.2774  [Reserved]



Sec. 52.2775   Review of new sources and modifications.

    (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]
Secs. 52.2776--52.2778  [Reserved]



Sec. 52.2779   Significant deterioration of air quality.

    (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 Sec. 52.21(b) through (w) 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]



Sec. 52.2780   Control strategy for sulfur oxides.

    (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

[[Page 1025]]

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]



Sec. 52.2781  Visibility protection.

    (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 
Sec. 52.26 are hereby incorporated and made a part of the applicable 
plan for the Virgin Islands.
    (c) Long-term strategy. The provisions of Sec. 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]



Sec. 52.2782  Small business technical and environmental compliance assistance program.

    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



Sec. 52.2820   Identification of plan.

    (a) Title of plan: ``The Territory of American Samoa Air Pollution 
Control Implementation Plan.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Revised legal authority submitted on March 9, 1972, by the 
Environmental Quality Commission.
    (2) Letter indicating formal adoption of the implementation plan 
submitted on March 23, 1972, by the Environmental Quality Commission.
    (3) Letter regarding comments on the plan and indicating intent to 
submit a revised plan submitted on April 28, 1972, by the Environmental 
Quality Commission.
    (4) Formally adopted rules and regulations for the entire Territory 
submitted on June 8, 1972, by the Environmental Quality Commission.
    (5) The following amendments to the plan were submitted on November 
22, 1982, by the Governor.
    (i) Negative declaration indicating no Lead sources in American 
Samoa.

[37 FR 10906, May 31, 1972, as amended at 41 FR 8969, Mar. 2, 1976; 50 
FR 32698, Aug. 14, 1985]



Sec. 52.2821   Classification of regions.

    The American Samoa plan was evaluated on the basis of the following 
classifications:

[[Page 1026]]



----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant                        
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants   
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
American Samoa.......................................         III        III       III       III           III  
----------------------------------------------------------------------------------------------------------------

[37 FR 10906, May 31, 1972]



Sec. 52.2822   Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves American Samoa's plan for the attainment and maintenance of the 
national standards.

[39 FR 8617, Mar. 6, 1974]
Sec. 52.2823  [Reserved]



Sec. 52.2824   Review of new sources and modifications.

    (a) The requirements of subpart I of this chapter are not met since 
the Territory of American Samoa failed to submit a plan for review of 
new or modified indirect sources.
    (b) Regulation for review of new or modified indirect sources: The 
provisions of Sec. 52.22(b) are hereby incorporated by reference and 
made a part of the applicable implementation plan for the Territory of 
American Samoa.

[39 FR 8617, Mar. 6, 1974, as amended at 51 FR 40677, Nov. 7, 1986]
Secs. 52.2825--52.2826  [Reserved]



Sec. 52.2827   Significant deterioration of air quality.

    (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 Sec. 52.21(b) through (w) are hereby 
incorporated and made a part of the applicable state plan for American 
Samoa.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980]



             Subpart EEE--Approval and Promulgation of Plans



Sec. 52.2850   Approval and promulgation of implementation plans.

    State plans consisting of control strategies, rules, and 
regulations, and, in certain instances, compliance schedules, which the 
Administrator has determined meet the requirements of section 16 of the 
``Clean Air Amendments of 1970'' have been approved as follows:

                                Delaware

    An implementation plan for the State's portion of the Philadelphia 
Interstate Air Quality Control Region was received by the Department of 
Health, Education, and Welfare on June 30, 1970. Supplemental 
information was received October 20, 1970. The Administrator has 
determined that the State's control strategy for sulfur oxides, as set 
forth in this implementation plan, is adequate for attainment of the 
national primary ambient air quality standards for sulfur oxides. 
Therefore, the Administrator has approved such control strategy, 
together with specified rules and regulations and the compliance 
schedule pertaining thereto.

                               New Jersey

    An implementation plan for the State's portion of the Philadelphia 
Interstate Air Quality Control Region was received by the Department of 
Health, Education, and Welfare on May 26, 1970. Supplemental information 
was submitted September 23, 1970. TheAdministrator has determined that 
the State's control strategy for sulfur oxides, as set forth in this 
implementation plan, is adequate for attainment of the national primary 
ambient air quality standards for sulfur oxides. Therefore, the 
Administrator has approved such control strategy, together with 
specified rules and regulations and the compliance schedule pertaining 
thereto.

                              Pennsylvania

    An implementation plan for the State's portion of the Philadelphia 
Interstate Air Quality Control Region was received by the

[[Page 1027]]

Department of Health, Education, and Welfare on May 4, 1970. 
Supplemental information was received August 4, 1970. The Administrator 
has determined that the State's control strategy for sulfur oxides, as 
set forth in this implementation plan, is adequate for attainment of the 
national primary ambient air quality standards for sulfur oxides. 
Therefore, the Administrator has approved such control strategy, 
together with specified rules and regulations pertaining thereto.

                                 Kansas

    An implementation plan for the State's portion of the Kansas City 
Interstate Air Quality Control Region was received by the Department of 
Health, Education, and Welfare on November 19, 1970. The Administrator 
has determined that the State's control strategy for particulate matter, 
as set forth in this implementation plan, is adequate for attainment of 
the national primary and secondary ambient air quality standards for 
particulate matter. Therefore, the Administrator has approved such 
control strategy, together with specified rules and regulations and the 
compliance schedule pertaining thereto.

                                Virginia

    An implementation plan for the State's portion of the National 
Capital Interstate Air Quality Control Region was received by the 
Department of Health, Education, and Welfare on April 29, 1970. 
Supplemental information was received August 10 and 14, 1970. The 
Administrator has determined that the State's control strategy for 
sulfur oxides and particulate matter, as set forth in this 
implementation plan, is adequate for attainment of the National primary 
and secondary ambient air quality standards for sulfur oxides and 
particulate matter. Therefore, the Administrator has approved such 
control strategy, together with specified rules and regulations and the 
compliance schedules pertaining thereto.

                                Maryland

    An implementation plan for the State's portion of the National 
Capital Interstate Air Quality Control Region was received by the 
Department of Health, Education, and Welfare on May 28, 1970. 
Supplemental information was submitted August 7 and 21, 1970. The 
Administrator has determined that the State's control strategy for 
sulfur oxides and particulate matter, as set forth in this 
implementation plan, is adequate for attainment of the national primary 
and secondary ambient air quality standards for sulfur oxides and 
particulate matter. Therefore, the Administrator has approved such 
control strategy, together with specified rules and regulations, as well 
as the compliance schedule pertaining to the sulfur oxides standards.

                                Maryland

    An implementation plan for the Baltimore Intrastate Air Quality 
Control Region was submitted to the Environmental Protection Agency on 
December 23, 1970. The Administrator as determined that the State's 
control strategy for sulfur oxides, as set forth in this implementation 
plan, is adequate for attainment of the national primary ambient air 
quality standards for sulfur oxides. The Administrator has also 
determined that the State's control strategy for particulate matter, as 
set forth in this implementation plan, is adequate for attainment of the 
national primary and secondary ambient air quality standards for 
particulate matter. Therefore, the Administrator has approved such 
control strategies, together with specified rules and regulations, as 
well as the compliance schedule pertaining to the sulfur oxides 
standards.

                                Colorado

    An implementation plan for the Denver Intrastate Air Quality Control 
Region was received by the Department of Health, Education, and Welfare 
on May 12, 1970, and was amended by letter dated November 10, 1970. The 
Administrator has determined that the State's control strategy for 
particulate matter, as set forth in this implementation plan, is 
adequate for attainment of the national primary ambient air quality 
standards for particulate matter. The Administrator has also determined 
that the State's control strategy for sulfur oxides, as set forth in 
this implementation plan, is adequate for maintaining the national 
secondary ambient air quality standards for sulfur oxides. Therefore, 
the Administrator has approved such control strategies, together with 
specified rules and regulations and the compliance schedules pertaining 
thereto.

                                Missouri

    An implementation plan for the State's portion of the Kansas City 
Intrastate Air Quality Control Region was received by the Department of 
Health, Education, and Welfare on October 14, 1970. The Administrator 
has determined that the State's control strategy for particulate matter, 
as set forth in this implementation plan, is adequate for attainment of 
the national primary and secondary ambient air quality standards for 
particulate matter. Therefore, the Administrator has approved such 
control strategy, together with specified rules and regulations and the 
compliance schedules pertaining thereto.

                          District of Columbia

    An implementation plan for the District's portion of the National 
Capital Interstate Air Quality Control Region was received by the 
Department of Health, Education, and

[[Page 1028]]

Welfare on May 6, 1970. Supplemental information was received August 24, 
1970. The Administrator has determined that the District's control 
strategy for sulfur oxides and particulate matter, as set forth in this 
implementation plan, is adequate for attainment of the national primary 
and secondary ambient air quality standards for sulfur oxides and 
particulate matter. Therefore, the Administrator has approved such 
control strategy, together with specified rules and regulations 
pertaining thereto.

                              Massachusetts

    An implementation plan for the Boston Intrastate Air Quality Control 
Region was received by the Department of Health, Education, and Welfare 
on September 16, 1970. The Administrator has determined that the State's 
control strategy for sulfur oxides,as set forth in this implementation 
plan, is adequate for attainment of the national primary ambient air 
quality standards for sulfur oxides. Therefore, the Administrator has 
approved such control strategy, together with specified rules and 
regulations and the compliance schedules pertaining thereto.

[37 FR 2581, Feb. 2, 1972. Redesignated at 37 FR 10846, May 31, 1972]



        Subpart FFF--Commonwealth of the Northern Mariana Islands



Sec. 52.2900  Negative declaration.

    (a) Air Pollution Implementation Plan for the Commonwealth of the 
Northern Mariana Islands.
    (1) Letter of December 15, 1982, from the Governor to EPA, which is 
a negative declaration indicating no major lead sources and continued 
attainment and maintenance of the National Standards for lead.

[51 FR 40799, Nov. 10, 1986]



Sec. 52.2920  Identification of plan.

    (a) Title of plan: ``Air Pollution Implementation Plan for the 
Commonwealth of the Northern Mariana Islands.
    (b) [Reserved]
    (c) The plan revisions described below were officially submitted on 
the dates specified.
    (1) On February 19, 1987 the Governor's representative submitted 
regulations adopted as signed on December 15, 1986 and published in the 
Commonwealth Register, Volume 9, Number 1, pages 4862-94, on January 19, 
1987, as follows:
    (i) Incorporation by reference. (A) ``CNMI AIR POLLUTION CONTROL 
REGULATIONS'' pertaining to the preconstruction review of new and 
modified major sources of lead, as follows.

Part I--Authority
Part II--Purpose and Policy
Part III--Policy
Part IV--Definitions
Part V--Permitting of New Sources and Modifications
Part VI--Registration of Existing Sources
Part VII--Sampling, Testing and Reporting Methods
Part IX--Fees
Part X--Public Participation
Part XI--Enforcement
Part XII--Severability
Part XIII--Effective Date
Part XIV--Certification

[52 FR 43574, Nov. 13, 1987]

                       Appendices A-C--[Reserved]

 Appendix D--Determination of Sulfur Dioxide Emissions from Stationary 
                     Sources by Continuous Monitors

    1. Definitions.
    1.1  Concentration Measurement System. The total equipment required 
for the continuous determination of SO2 gas concentration in a 
given source effluent.
    1.2  Span. The value of sulfur dioxide concentration at which the 
measurement system is set to produce the maximum data display output. 
For the purposes of this method, the span shall be set at the expected 
maximum sulfur dioxide concentration except as specified under section 
5.2, Field Test for Accuracy.
    1.3  Accuracy  (Relative). The degree of correctness with which the 
measurement system yields the value of gas concentration of a sample 
relative to the value given by a defined reference method. This accuracy 
is expressed in terms of error which is the difference between the 
paired concentration measurements expressed as a percentage of the mean 
reference value.
    1.4  Calibration Error. The difference between the pollutant 
concentration indicated by the measurement system and the known 
concentration of the test gas mixture.
    1.5  Zero Drift. The change in measurement system output over a 
stated period of time of normal continuous operation when the pollutant 
concentration at the time for the measurement is zero.
    1.6  Calibration Drift. The change in measurement system output over 
a stated period of time of normal continuous operation when the 
pollutant concentration at the time of

[[Page 1029]]

the measurement is the same known upscale value.
    1.7  Response Time. The time interval from a step change in 
pollutant concentration at the input to the measurement system to the 
time at which 95 percent of the corresponding final value is reached as 
displayed on the measurement system data presentation device.
    1.8  Operational Period. A minimum period of time over which a 
measurement system is expected to operate within certain performance 
specifications without unscheduled maintenance, repair or adjustment.
    1.9  Reference Method. The reference method for determination of 
SO2 emissions shall be Method 8 as delineated in Part 60 of this 
chapter. The analytical and computational portions of Method 8 as they 
relate to determination of sulfuric acid mist and sulfur trioxide, as 
well as isokinetic sampling, may be omitted from the overall test 
procedure.
    2. Principle and Applicability.
    2.1  Principle. Gases are continuously sampled in the stack 
emissions and analyzed for sulfur dioxide by a continuously operating 
emission measurement system. Performance specifications for the 
continuous measurement systems are given. Test procedures are given to 
determine the capability of the measurement systems to conform to the 
performance specifications. Sampling may include either the extractive 
or nonextractive (in-situ) approach.
    2.2  Applicability. The performance specifications are given for 
continuous sulfur dioxide measurement systems applied to nonferrous 
smelters.
    3. Apparatus.
    3.1  Calibration Gas Mixture. Mixture of a known concentrations of 
sulfur dioxide in oxygen-free nitrogen. Nominal volumetric 
concentrations of 50 percent and 90 percent of span are recommended. The 
mixture of 90 percent of span is to be used to set and to check the span 
and is referred to as the span gas. The gas mixtures shall be analyzed 
by the Reference Method at least two weeks prior to use or demonstrated 
to be accurate and stable by an alternate method subject to approval of 
the Administrator.
    3.2  Zero Gas. A gas containing less than 1 ppm sulfur dioxide.
    3.3  Equipment for measurement of sulfur dioxide concentration using 
the Reference Method.
    3.4  Chart Record. Analog chart recorder, input voltage range 
compatible with analyzer system output.
    3.5  Continuous measurement system for sulfur dioxide.
    4. Measurement System Performance Specifications.
    The following performance specifications shall be met in order that 
a measurement system shall be considered acceptable under this method.

                   Table I--Performance Specifications                  
------------------------------------------------------------------------
            Parameter a                         Specification           
------------------------------------------------------------------------
1. Accuracy a.....................  20 percent of reference mean value. 
2. Calibration Error a............  5 percent of each (50%, and 30%)    
                                     calibration gas mixture.           
3. Zero Drift (2-hours) a.........  2 percent of emission standard.     
4. Zero Drift (24-hours) a........  4 percent of emission standard.     
5. Calibration Drift (2-hours) a..  2 percent of emission standard.     
6. Calibration Drift (24-hours) a.  5 percent of emission standard.     
7. Response Time..................  5 minutes maximum.                  
8. Operational Period.............  168 hours minimum.                  
------------------------------------------------------------------------
a Expressed as sum of absolute mean value plus 95 percent confidence    
  interval of a series of tests.                                        

    5. Performance Specification Test Procedures.
    The following test procedures shall be used to determine compliance 
with the requirements of paragraph 4:
    5.1  Calibration test.
    5.1.1  Analyze each calibration gas mixture (50 percent, 90 percent) 
for sulfur dioxide by the Reference method and record the results on the 
example sheet shown in Figure D-1. This step may be omitted for 
nonextractive monitors where dynamic calibration gas mixtures are not 
used (see section 5.1.2).
    5.1.2  Set up and calibrate the complete measurement system 
according to the manufacturer's written instructions. This may be 
accomplished either in the laboratory or in the field. Make a series of 
five nonconsecutive readings with span gas mixtures alternately at each 
concentration (example, 50 percent, 90 percent, 50 percent, 90 percent, 
50 percent). For nonextractive measurement systems, this test may be 
performed using procedures specified by the manufacturer and two or more 
calibration gases whose concentrations are certified by the manufacturer 
and differ by a factor of two or more. Convert the measurement system 
output readings to ppm and record the results on the example sheet shown 
in Figure D-2.
    5.2  Field Test for Accuracy (Relative), Zero Drift and Calibration 
Drift. Install and operate the measurement system in accordance with the 
manufacturer's written instructions and drawings as follows:
    5.2.1  Conditioning Period. Offset the zero setting at least 10 
percent of span so that

[[Page 1030]]

negative zero drift may be quantified. Operate the system for an initial 
168-hour conditioning period. During this period the system should 
measure the SO2 content of the effluent in a normal operational 
manner.
    5.2.2  Operational Test Period. Operate the system for an additional 
168-hour period. The system shall be monitoring the source effluent at 
all times when not being zeroed, calibrated or backpurged.
    5.2.2.1  Field Test for Accuracy  (Relative). The analyzer output 
for the following test shall be maintained between 20 percent and 90 
percent of span. It is recommended that a calibrated gas mixture be used 
to verify the span setting utilized. During this 168-hour test period, 
make a minimum of nine (9) SO2 concentration measurements using the 
Reference Method with a sampling period of one hour. If a measurement 
system operates across the stack or a portion of it, the Reference 
Method test shall make a four-point traverse over the measurement system 
operating path. Isokinetic sampling and analysis for SO3 and 
H2SO4 mist are not required. For measurement systems employing 
extractive sampling, place the measurement system and the Reference 
Method probe tips adjacent to each other in the duct. One test will 
consist of two simultaneous samples with not less than two analyses on 
each sample. Record the test data and measurement system concentrations 
on the example sheet shown in Figure D-3.
    5.2.2.2  Field Test for Zero Drift and Calibration Drift. Determine 
the values given by zero and span gas SO2 concentrations at 2-hour 
intervals until 15 sets of data are obtained. Alternatively, for 
nonextractive measurement systems, determine the values given by an 
electrically or mechanically produced zero condition, and by inserting a 
certified calibration gas concentration equivalent to not less than 20 
percent of span, into the measurement system. Record these readings on 
the example sheet shown in Figure D-4. These 2-hour periods need not be 
consecutive but may not overlap. If the analyzer span is set at the 
expected maximum concentration for the tests performed under section 
5.2.2, then the zero and span determinations to be made under this 
paragraph may be made concurrent with the tests under section 5.2.2.1. 
Zero and calibration corrections and adjustments are allowed only at 24-
hour intervals (except as required under section 5.2.2) or at such 
shorter intervals as the manufacturer's written instructions specify. 
Automatic corrections made by the measurement system without operator 
intervention or initiation are allowable at any time. During the entire 
168-hour test period, record the values given by zero and span gas 
SO2 concentrations before and after adjustment at 24-hour intervals 
in the example sheet shown in Figure D-5.
    5.3  Field Test for Response Time.
    5.3.1  This test shall be accomplished using the entire measurement 
system as installed including sample transport lines if used. Flow 
rates, line diameters, pumping rates, pressures (do not allow the 
pressurized calibration gas to change the normal operating pressure in 
the sample line), etc., shall be at the nominal values for normal 
operation as specified in the manufacturer's written instructions. In 
the case of cyclic analyzers, the response time test shall include one 
cycle.
    5.3.2  Introduce a zero concentration of SO2 into the 
measurement system sampling interface or as close to the sampling 
interface as possible. When the system output reading has stabilized, 
switch quickly to a known concentration of SO2 at 70 to 90 percent 
of span. Record the time from concentration switching to final stable 
response. After the system response has stabilized at the upper level, 
switch quickly to a zero concentration of SO2. Record the time from 
concentration switching to final stable response. Alternatively, for 
nonextractive monitors, a calibration gas concentration equivalent to 20 
percent of span or more may be switched into and out of the sample path 
and response times recorded. Perform this test sequence three (3) times. 
For each test record the results on the example sheet shown in Figure D-
6.
    6. Calculations, Data Analysis and Reporting.
    6.1  Procedure for determination of mean values and confidence 
intervals.
    6.1.1  The mean value of a data set is calculated according to 
equation D-1.

                                        

                              Equation D-1

where:
xi=individual values.
=sum of the individual values.
x=mean value.
n=number of data points.

    6.1.2  The 95 percent confidence interval (two-sided) is calculated 
according to equation D-2.

                                      

                              Equation D-2

where:
xi=sum of all data points.
t.975=t-a/2, and
C.I.95=95 percent confidence interval estimated of the average mean 
value.

                        Typical Values for t1-a/2                       
------------------------------------------------------------------------
     n          t.975          n         t.975         n         t.975  
------------------------------------------------------------------------
2..........    12.706            7       2.447          12       2.201  
3..........     4.303            8       2.365          13       2.179  
4..........     3.182            9       2.306          14       2.160  
5..........     2.776           10       2.262          15       2.145  

[[Page 1031]]

                                                                        
6..........     2.571           11       2.228          16       2.131  
------------------------------------------------------------------------

    The values in this table are already corrected for n-1 degrees of 
freedom. Use n equal to the number of samples as data points.
    6.2  Data Analysis and Reporting.
    6.2.1  Accuracy (Relative). For each of the nine reference method 
testing periods, determine the average sulfur dioxide concentration 
reported by the continuous measurement system. These average 
concentrations shall be determined from the measurement system data 
recorded under section 5.2.2.1 by integrating the pollutant 
concentrations over each of the time intervals concurrent with each 
reference method test, then dividing by the cumulative time of each 
applicable reference method testing period. Before proceeding to the 
next step, determine the basis (wet or dry) of the measurement system 
data and reference method test data concentrations.
    If the bases are not consistent, apply a moisture correction to 
either the referenced method concentrations or the measurement system 
concentrations, as appropriate. Determine the correction factor by 
moisture tests concurrent with the reference method testing periods. 
Report the moisture test method and the correction procedure employed. 
For each of the nine test runs, subtract the Reference Method test 
concentrations from the continuous monitoring system average 
concentrations. Using these data, compute the mean difference and the 95 
percent confidence interval using equations D-1 and D-2. Accuracy is 
reported as the sum of the absolute value of the mean difference and the 
95 percent confidence interval expressed as a percentage of the mean 
reference method value. Use the example sheet shown in Figure D-3.
    6.2.2  Calibration Error. Using the data from section 5.1 of this 
appendix, subtract the measured SO2 value determined under section 
5.1.1 (Figure D-1) from the value shown by the measurement system for 
each of the 5 readings at each concentration measured under section 
5.1.2 (Figure D-2). Calculate the mean of these difference values and 
the 95 percent confidence intervals according to equations D-1 and D-2. 
The calibration error is reported as the sum of absolute value of the 
mean difference and the 95 percent confidence interval as a percentage 
of each respective calibration gas concentration. Use example sheet 
shown in Figure D-2.
    6.2.3  Zero Drift (2-hour). Using the zero concentration values 
measured each two hours during the field test, calculate the differences 
between consecutive two-hour readings expressed in ppm. Calculate the 
mean difference and the confidence interval using Equations D-1 and D-2. 
Report the zero drift as the sum of the absolute mean value and the 
confidence interval as a percentage of the emission standard. Use 
example sheet shown in Figure D-4.
    6.2.4  Zero Drift (24-hour). Using the zero concentration values 
measured every 24 hours during the field test, calculate the differences 
between the zero point after zero adjustment and the zero value 24 hours 
later just prior to zero adjustment. Calculate the mean value of these 
points and the confidence interval using Equations D-1 and D-2. Report 
the zero drift as the sum of the absolute mean and confidence interval 
as a percentage of the emission standard. Use example sheet shown in 
Figure D-5.
    6.2.5  Calibration Drift (2-hour). Using the calibration values 
obtained at two-hour intervals during the field test, calculate the 
differences between consecutive two-hour readings expressed as ppm. 
These values should be corrected for the corresponding zero drift during 
that two-hour period. Calculate the mean and confidence interval of 
these corrected difference values using Equations D-1 and D-2. Do not 
use the differences between non-consecutive readings. Report the 
calibration drift as the sum of the absolute mean and confidence 
interval as a percentage of the emission standard. Use the example sheet 
shown in Figure D-4.
    6.2.6  Calibration Drift (24-hour). Using the calibration values 
measured every 24 hours during the field test, calculate the differences 
between the calibration concentration reading after zero and calibration 
adjustment and the calibration concentration reading 24 hours later 
after zero adjustment but before calibration adjustment. Calculate the 
mean value of these differences and the confidence interval using 
equations D-1 and D-2. Report the sum of the absolute mean and 
confidence interval as a percentage of the emission standard. Use the 
example sheet shown in Figure D-5.
    6.2.7  Response Time. Using the charts from section 5.3 of this 
Appendix, calculate the time interval from concentration switching to 95 
percent to the final stable value for all upscale and downscale tests. 
Report the mean of the three upscale test times and the mean of the 
three downscale test times. For nonextractive instruments using a 
calibration gas cell to determine response time, the observed times 
shall be extrapolated to 90 percent of full scale response time. For 
example, if the observed time for a 20 percent of span gas cell is one 
minute, this would be equivalent to a 4\1/2\-minute response time when 
extrapolated to 90 percent of span. The two average times should not 
differ by more than 15 percent of the slower time. Report the slower 
time as the system response time. Use the example sheet shown in Figure 
D-6.

[[Page 1032]]

    6.2.8  Operational Period. During the 168-hour performance and 
operational test period, the measurement system shall not require any 
corrective maintenance, repair, replacement, or adjustment other than 
that clearly specified as required in the operation and maintenance 
manuals as routine and expected during a one-week period. If the 
measurement system operates within the specified performance parameters 
and does not require corrective maintenance, repair, replacement or 
adjustment other than specified above, during the 168-hour test period, 
the operational period will be successfully concluded. Failure of the 
measurement to meet this requirement shall call for a repetition of the 
168-hour test period. Portions of the test which were satisfactorily 
completed need not be repeated. Failure to meet any performance 
specifications shall call for a repetition of the one-week performance 
test period and that portion of the testing which is related to the 
failed specification. All maintenance and adjustments required shall be 
recorded. Output readings shall be recorded before and after all 
adjustments.
    6.2.9  Performance Specifications Testing Frequency. In the event 
that significant repair work is performed in the system, the company 
shall demonstrate to the Administrator that the system still meets the 
performance specifications listed in Table I of this appendix. The 
Administrator may require a performance test at any time he determines 
that such test is necessary to verify the performance of the measurement 
system.
    7. References.
    7.1  Monitoring Instrumentation for the Measurement of Sulfur 
Dioxide in Stationary Source Emissions, Environmental Protection Agency, 
Research Triangle Park, N.C., February 1973.
    7.2  Instrumentation for the Determination of Nitrogen Oxides 
Content of Stationary Source Emissions, Environmental Protection Agency, 
Research Triangle Park, N.C., APTD 0847, Vol. I, October 1971; APTD 
0942, Vol. II, January 1972.
    7.3  Experimental Statistics, Department of Commerce, Handbook 91, 
1963, p. 3-31, paragraphs 3-3.1.4.
    7.4  Performance Specifications for Stationary-Source Monitoring 
Systems for Gases, and Visible Emissions, Environmental Protection 
Agency, Research Triangle Park, N.C., EPA-650/2-74-013, January 1974.

            Figure D-1--Analysis of Calibration Gas Mixtures            
            Date ---------- Reference Method Used ----------            
                    Mid Range Calibration Gas Mixture                   
                                                                        
Sample 1........................................................     ppm
Sample 2........................................................     ppm
Sample 3........................................................     ppm
Average.........................................................     ppm
                                                                        
                High Range (span) Calibration Gas Mixture               
                                                                        
Sample 1........................................................     ppm
Sample 2........................................................     ppm
Sample 3........................................................     ppm
Average.........................................................     ppm
                                                                        

      

               Figure D-2--Calibration Error Determination              
Calibration gas mixture data (from fig. D-1): Mid (50 percent) average --
               -- p/m, high (90 percent) average ---- p/m               
                     [See footnotes at end of table]                    
------------------------------------------------------------------------
              Calibration gas     Measurement system    Differences, p/ 
  Run No.     concentration\1\       reading, p/m            m\2\       
------------------------------------------------------------------------
1.........                                                              
------------------------------------------------------------------------
2.........                                                              
------------------------------------------------------------------------
3.........                                                              
------------------------------------------------------------------------
4.........                                                              
------------------------------------------------------------------------
5.........                                                              
------------------------------------------------------------------------
6.........                                                              
------------------------------------------------------------------------
7.........                                                              
------------------------------------------------------------------------
8.........                                                              
------------------------------------------------------------------------
9.........                                                              
------------------------------------------------------------------------
1.........                                                              
------------------------------------------------------------------------
11........                                                              
------------------------------------------------------------------------
12........                                                              
------------------------------------------------------------------------
13........                                                              
------------------------------------------------------------------------

[[Page 1033]]

                                                                        
14........                                                              
------------------------------------------------------------------------
15........                                                              
------------------------------------------------------------------------

      

------------------------------------------------------------------------
                                                   Percent of full scale
                                                          reading       
                                                 -----------------------
                                                    50% mid    90% high 
------------------------------------------------------------------------
Mean difference.................................  ..........  ..........
Confidence interval.............................  plus-minus            
                                                  ..........            
                                                        ....  plus-minus
                                                              ..........
                                                                    ....
Calibration error=Mean difference\3\ + C.I. /                           
 Average calibration gas concentration  x  100..  %.........            
                                                       .....  %.........
                                                                   .....
------------------------------------------------------------------------
\1\Mid or high.                                                         
\2\Calibration gas concentration--measurement system reading.           
\3\Absolute value.                                                      

      

                                              Figure D-3--Accuracy                                              
----------------------------------------------------------------------------------------------------------------
                                                                   Analyzer 1-hour                              
     Date and time       Test No.   Reference method samples      average\1\ (p/m)         Difference\2\ (p/m)  
----------------------------------------------------------------------------------------------------------------
1                                                                                                               
----------------------------------------------------------------------------------------------------------------
2                                                                                                               
----------------------------------------------------------------------------------------------------------------
3                                                                                                               
----------------------------------------------------------------------------------------------------------------
4                                                                                                               
----------------------------------------------------------------------------------------------------------------
5                                                                                                               
----------------------------------------------------------------------------------------------------------------
6                                                                                                               
----------------------------------------------------------------------------------------------------------------
7                                                                                                               
----------------------------------------------------------------------------------------------------------------
8                                                                                                               
----------------------------------------------------------------------------------------------------------------
9                                                                                                               
----------------------------------------------------------------------------------------------------------------
Mean difference= ----------p/m.                                                                                 
95 percent confidence interval=+ ----------p/m.                                                                 
Mean Reference method value= ----------p/m.                                                                     
Accuracy=Mean difference (absolute value)+95 percent confidence interval/Mean reference method value x 100------
 percent                                                                                                        
----------------------------------------------------------------------------------------------------------------
\1\Explain method used to determine average.                                                                    
\2\Difference=the 1-h average minus the reference method average.                                               

      

                                                      Figure D-4--Zero and Calibration Drift (2 h)                                                      
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Time                                                                           Calibration  
                                                    -------------------- Date set    Zero       Zero drift      Span                      drift (zero)   reading  (span)   D>span-zero)    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                1                                                                       
                                                                                2                                                                       
                                                                                3                                                                       
                                                                                4                                                                       

[[Page 1034]]

                                                                                                                                                        
                                                                                5                                                                       
                                                                                6                                                                       
                                                                                7                                                                       
                                                                                8                                                                       
                                                                                9                                                                       
                                                                               10                                                                       
                                                                               11                                                                       
                                                                               12                                                                       
                                                                               13                                                                       
                                                                               14                                                                       
                                                                               15                                                                       
Zero drift=[mean zero drift1------ + CI (zero) ------ emission standard] x 100= ------.                                                         
Calibration drift=[mean span drift1  ------ CI + CI (span) ------ emission standard] x 100= ------.                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Absolute value.                                                                                                                                      

      

                                 Figure D-5--Zero and Calibration Drift (24 hr)                                 
----------------------------------------------------------------------------------------------------------------
                                               Zero drift (zero)            zero adjustment)       (span)  
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Zero drift=[mean zero drift 1------ + CI (zero) ------ emission standard] x 100= ------.                
Calibration drift=[mean span drift 1------ + CI (span) ------ emission standard] x 100= ------.         
----------------------------------------------------------------------------------------------------------------
\1\Absolute value.                                                                                              

                        Figure D-6--Response Time

Date of Test ________.
Span Gas Concentration ________ ppm.
Analyzer Span Setting ________ ppm.
Upscale:
1 ________ seconds.
2 ________ seconds.
3 ________seconds.
Average upscale response ________ seconds.
Downscale:
1 ________ seconds.
2 ________ seconds.
3 ________ seconds.
Average downscale response ________ seconds.
System response time=slower time ____ seconds.
Percent deviation from slowest time=average upscale-average 
downscale x 100%/slower time
[40 FR 5517, Feb. 6, 1975]

     Appendix E--Performance Specifications and, Specification Test 
  Procedures for Monitoring Systems for Effluent Stream Gas Volumetric 
                                Flow Rate

    1. Principle and applicability.

[[Page 1035]]

    1.1  Principle. Effluent stream gas volumetric flow rates are 
sampled and analyzed by a continuous measurement system. To verify the 
measurement system performance, values obtained from the measurement 
system are compared against simultaneous values obtained using the 
reference method. These comparison tests will be performed to determine 
the relative accuracy, and drift of the measurement system over the 
range of operating conditions expected to occur during normal operation 
of the source. If the measurement system is such that the specified 
tests in section 5.1 for drift do not apply, those test procedures shall 
be disregarded.
    1.2  Applicability. This method is applicable to subparts which 
require continuous gas volumetric flow rate measurement. Specifications 
are given in terms of performance. Test procedures are given for 
determining compliance with performance specifications.
    2. Apparatus.
    2.1  Continuous measurement system for determining stack gas 
volumetric flow rate.
    2.2  Equipment for measurement of stack gas volumetric flow rate as 
specified in the reference method.
    3. Definitions.
    3.1  Measurement system. The total equipment required for the 
determination of the gas volumetric flow rate in a duct or stack. The 
system consists of three major subsystems:
    3.1.1  Sampling interface. That portion of the measurement system 
that performs one or more of the following operations: Delineation, 
acquisition, transportation, and conditioning of a signal from the stack 
gas and protection of the analyzer from any hostile aspects of the 
source environment.
    3.1.2  Analyzer. That portion of the measurement system which senses 
the stack gas flow rate or velocity pressure and generates a signal 
output that is a function of the flow rate or velocity of the gases.
    3.1.3  Data presentation. That portion of the measurement system 
that provides a display of the output signal in terms of volumetric flow 
rate units, or other units which are convertible to volumetric flow rate 
units.
    3.2  Span. The value of gas volumetric flow rate at which the 
measurement system is set to produce the maximum data display output. 
For the purposes of this method, the span shall be set at 1.5 times the 
maximum volumetric flow rate expected under varying operating conditions 
of the source.
    3.3  Zero drift. The change in measurement system output over a 
stated period of time of normal continuous operation when gas volumetric 
flow rate at the time of the measurements is zero.
    3.4  Calibration drift. The change in measurement system output over 
a stated time period of normal continuous operation when the gas 
volumetric flow rate at the time of the measurement is 67 percent of the 
span value.
    3.5  Operation period. A minimum period of time over which a 
measurement system is expected to operate within certain performance 
specifications without unscheduled maintenance, repair, or adjustment.
    3.6  Orientation sensitivity. The angular tolerance to which the 
sensor can be misaligned from its correct orientation to measure the 
flow rate vector before a specified error occurs in the indicated flow 
rate compared to the reference flow rate.
    3.7  Reference method. Method 2 as delineated in 40 CFR Part 60.
    4. Measurement system performance specifications. A measurement 
system must meet the performance specifications in Table E-1 to be 
considered acceptable under this method.

                                Table E-1                               
------------------------------------------------------------------------
               Parameter                          Specifications        
------------------------------------------------------------------------
Accuracy (relative)....................  <10 percent of mean reference  
                                          value (paragraph 6.3.1).      
Zero drift (24 hours)..................  <3 percent of span (paragraph  
                                          6.3.2).                       
Calibration drift (24 hours)...........  <3 percent of span (paragraph  
                                          6.3.3).                       
Operational period.....................  <168 hours minimum.            
------------------------------------------------------------------------

    5. Test procedures.
    5.1  Field test for accuracy, zero drift, calibration drift, and 
operation period.
    5.1.1  System conditioning. Set up and operate the measurement 
system in accordance with the manufacturer's written instructions and 
drawings. Offset the zero point of the chart recorder so that negative 
values up to 5 percent of the span value may be registered. Operate the 
system for an initial 168-hour conditioning period. During this initial 
period, the system should measure the gas stream volumetric flow rate in 
a normal operational manner. After completion of this conditioning 
period, the formal 168-hour performance and operational test period 
shall begin.
    5.1.2  Field test for accuracy and operational period. During the 
168-hour test period, the system should be continuously measuring gas 
volumetric flow rate at all times. During this period make a series of 
14 volumetric flow rate determinations simultaneously using the 
reference method and the measurement system. The 14 determinations can 
be made at any time interval at least one hour

[[Page 1036]]

apart during the 168-hour period except that at least one determination 
on five different days must be made with one determination on the last 
day of such period. The determinations shall be conducted over the range 
of volumetric flow rates expected to occur during normal operation of 
the source. The measurement system volumetric flow rate reading 
corresponding to the period of time during which each reference method 
run was made may be obtained by continuous integration of the 
measurement system signal over the test interval. Integration may be by 
use of mechanical integration of electrical units on the chart recorder 
or use of a planimeter on the strip chart recorder. The location and 
orientation of the reference method measurement device and the 
measurement system should be as close as practical without interference, 
but no closer than 1.3 cm (0.5 inch) to each other and shall be such 
that dilution air or other interferences cannot be interjected into the 
stack or duct between the pitot tube and the measurement system. Be 
careful not to locate the reference method pitot tube directly up or 
down stream of the measurement system sensor.
    5.1.3  Field test for calibration drift and zero drift. At 24-hour 
intervals, but more frequently if recommended by the manufacturer, 
subject the measurement system to the manufacturer's specified zero and 
calibration procedures, if appropriate. Record the measurement system 
output readings before and after adjustment. Automatic corrections made 
by the system without operator intervention are allowable at anytime.
    5.1.4  Field test for orientation sensitivity. If a velocity 
measurement system is either a single point measurement device or a 
pressure sensor or any other device such as pitot tube which uses the 
flow direction of the test gas, then the following test shall be 
followed and a performance specification of plus-minus10 degrees 
device orientation sensitivity for plus-minus4 percent flow rate 
determination accuracy must be met in order for the measurement system 
to be considered acceptable under this method. This is in addition to 
the performance specifications given in paragraph 4 of this appendix. 
During a period of relatively steady state gas flow, perform the 
following orientation test using the measurement system. The system 
should be continuously measuring gas velocity at all times. Rotate the 
measurement 10 deg. on each side of the direction of flow in increments 
of 5 deg.. Perform this test three times each at:
    (1) Maximum operating velocity (plus-minus15 percent);
    (2) 67 percent plus-minus7.5 percent of the maximum operating 
velocity; and
    (3) 33 percent plus-minus7.5 percent of the maximum operating 
velocity if (2) and (3) are normal operating practices.
    6. Calculations data analysis and reporting.
    6.1  Procedure for determination of stack gas volumetric flow rate. 
Calculate the reference stack gas velocity and corresponding stack gas 
volumetric flow rate with the calibrated type S pitot tube measurements 
by the reference method. Calculate the measurement system stack gas 
volumetric flow rate as specified by the manufacturer's written 
instructions. Record the volumetric flow rates for each in the 
appropriate tables.
    6.2  Procedure for determination of mean values and 95 percent 
confidence intervals.
    6.2.1  Mean value. The mean value of a data set is calculated 
according to Equation E-1.

                              Equation E-1
[GRAPHIC] [TIFF OMITTED] TR01JY80.000

where:
xi=individual values.
=sum of the individual values.
x=mean value.
n=data points.

    6.2.2  95 percent confidence level. The 95 percent confidence level 
(two sided) is calculated according to Equation E-2.

                              Equation E-2
[GRAPHIC] [TIFF OMITTED] TR01JY80.001

where:
xi=sum of all data points.
(xi)=sum of squares of all data points.
C.I.95=95 percent confidence interval estimate of the average mean 
value.

                            Values for t.975                            
------------------------------------------------------------------------
     n          t.975          n         t.975         n         t.975  
------------------------------------------------------------------------
2..........    12.706            7       2.447          12       2.201  
3..........     4.303            8       2.365          13       2.179  
4..........     3.182            9       2.306          14       2.160  
5..........     2.776           10       2.262          15       2.145  
6..........     2.571           11       2.228          16       2.131  
------------------------------------------------------------------------

The values in this table are already corrected for n-1 degrees of 
freedom. Use n equal to the number of samples as data points.
    6.3  Data analysis and reporting.
    6.3.1  Accuracy (relative). First, calculate the mean reference 
value (Equation E-1) of the 14 average volumetric flow rates calculated 
by the reference method. Second, from the 14 pairs of average volumetric 
flow rates calculated by the reference method and measurement system 
volumetric flow rate readings, calculate the mean value (Equation E-1) 
of the differences of the 14 paired readings. Calculate the 95 percent 
confidence interval (Equation E-2) using the differences

[[Page 1037]]

of fourteen paired readings. To calculate the values in the second part 
of this section substitute di for xi and d for x in Equations 
E-1 and E-2 where di equals the difference of each paired reading 
and d equals the mean value of the fourteen paired differences. Third, 
report the sum of the absolute mean value of the differences of the 
fourteen paired readings and the 95 percent confidence interval of the 
differences of value calculated in the first part of the section. Divide 
this total by the mean reference value and report the result as a 
percentage. This percentage is the relative accuracy.
    6.3.2  Zero drift (24 hour). From the zero values measured each 24 
hours during the field test, calculate the differences between 
successive readings expressed in volumetric flow rate units. Calculate 
the mean value of these differences and the confidence interval of these 
differences using Equations E-1 and E-2. Report the sum of the absolute 
value of the mean difference and the confidence interval as a percentage 
of the measurement system span. This percentage is the zero drift.
    6.3.3  Calibration drift (24 hour). From the calibration values 
measured every 24 hours during the field test calculate the differences 
between: (1) The calibration reading after zero and calibration 
adjustment, and (2) the calibration reading 24 hours later after zero 
adjustment but before calibration adjustment. Calculate the mean value 
of these differences and the confidence interval using Equations E-1 and 
E-2. Report the sum of the absolute value of the mean difference and 
confidence interval as a percentage of the measurement system span. This 
percentage is the calibration drift.
    6.3.4  Operation period. Other than that clearly specified as 
required in the operation and maintenance manual, the measurement system 
shall not require any corrective maintenance, repair, replacement or 
adjustment during the 168-hour performance and operational test period. 
If the measurement system operates within the specified performance 
parameters and does not require corrective maintenance, repair, 
replacement or adjustment other than as specified above during the 168-
hour test period, the operational period will be successfully concluded. 
Failure of the measurement to meet this requirement shall call for a 
repetition of the 168-hour test period. Portions of the test, except for 
the 168-hour field test period, which were satisfactorily completed need 
not be repeated. Failure to meet any performance specifications shall 
call for a repetition of the one-week performance test period and that 
portion of the testing which is related to the failed specification. All 
maintenance and adjustments required shall be recorded. Output readings 
shall be recorded before and after all adjustments.
    6.3.5  Orientation sensitivity. In the event the conditions of 
paragraph 5.1.4 of this appendix are required, the following 
calculations shall be performed. Calculate the ratio of each measurement 
system reading divided by the reference pitot tube readings. Graph the 
ratio vs. angle of deflection on each side of center. Report the points 
at which the ratio differs by more than plus-minus4 percent from 
unity (1.00).

[40 FR 5521, Feb. 6, 1975]

[[Page 1039]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  Table of OMB Control Numbers
  List of CFR Sections Affected

[[Page 1041]]

........................................................................

            Material Approved for Incorporation by Reference

                      (Revised as of July 1, 1996)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR Part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


40 CFR, CHAPTER I (PART 52): SUBCHAPTER C--AIR PROGRAMS

ENVIRONMENTAL PROTECTION AGENCY


Environmental Protection Agency

  Office of Air Quality Planning and Standards, Research Triangle Park, 
  NC 27711
  State Implementation Plans: Consisting of Original State 
  Implementation Plans for the fifty States and the territories of Guam; 
  Puerto Rico, Virgin Islands and American Samoa; Regulatory and Non-
  Regulatory Revisions to State Implementation Plans approved 1972-June 
  1979 (prepared by Atlantic Environmental Associates, Inc.); and 
  Individual State Implementation Plan Revisions, which are identified 
  below by State and date of publication of the Federal Register rule.
Alabama: Nov. 26, 1979; June 3, Aug. 11, Oct. 31, 1980; Apr. 27, Aug. 
  24, Sept. 17, Oct. 29, Nov. 6, Nov. 10, Nov. 24, Dec. 15, Dec. 22, 
  Dec. 30, 1981; Feb. 22, 1982; Mar. 9, 1983; Apr. 19, 1984; Aug. 28, 
  1985; Feb. 10, July 11, July 14, Dec. 19, Dec. 24, 1986; Feb. 11, July 
  29, 1987; Nov. 25, 1988; Jan. 23, Mar. 19, Apr. 25, Sept. 24, Sept. 
  27, 1990; July 17, 1991; June 9, 1992; Apr. 27, Aug. 30, Sept. 27, 
  1993; Feb. 4, Aug. 4, Oct. 20, Oct. 31, 1994; Jan. 6, 1995; Feb. 6, 
  Mar. 19, 1996
Alaska: Dec. 30, 1980; Apr. 15, 1981; July 5, 1983; Jan. 3, Apr. 24, 
  1984; Sept. 15, 1986; Mar. 1, May 26, July 31, 1989; Apr. 26, 1991; 
  Aug. 13, 1993; Mar. 24, 1994; Feb. 16, Apr. 5, June 29, Sept. 5, Sept. 
  27, Oct. 24, 1995; May 16, 1996
Arizona: Dec. 17, 1979; Aug. 11, Oct. 10, 1980; Aug. 10, Sept. 14, Sept. 
  18, 1981; Apr. 12, Apr. 16, May 5, June 18, June 30, Sept. 28, 1982; 
  Jan. 14, May 3, 1983; Oct. 19, 1984; Aug. 10, 1988 (2 amendments); 
  Jan. 29, 1991; Jan. 6, Mar. 9, 1992; Nov. 1, 1994; Apr. 10 (2 
  amendments), May 2, May 8, June 15, Sept. 5, 1995; Feb. 12, Apr. 9, 
  1996
Arkansas: Jan. 29, Aug. 15, 1980; Aug. 6, Aug. 27 (2 amendments), Oct. 
  13, 1981; Jan. 12, Jan. 14 (2 amendments), Apr. 16, May 3, May 4, 
  1982; Feb. 8, 1983; Feb. 10, Aug. 4, Nov. 12, 1986; July 21, 1988; 
  Feb. 23, May 1, 1989; May 2, 1991; Mar. 8, 1995
California: July 30, Dec. 6, 1979; Apr. 24 (2 amendments), May 9, May 28 
  (2 amendments), June 3, June 4, Aug. 11 (2 amendments), Sept. 26, Oct. 
  24, Oct. 31, Nov. 10, Dec. 4, 1980; Jan. 16, Jan. 21, Jan. 27, Apr. 
  14, May 18 (2 amendments), Aug. 10, Aug. 21, Sept. 2, Sept. 28, Dec. 
  9, 1981; Jan. 22, Jan. 25, Jan. 26 (2 amendments), Mar. 10, Mar. 19, 
  Mar. 29, Apr. 4, Apr. 12, Apr. 13, Apr. 23, May 3, May 7, May 27, June 
  9, June 18 (2 amendments), June 21, June 23, June 30, July 1, July 6, 
  July 7, July 8, Nov. 10, Dec. 14, 1982; June 1, Oct. 11, Nov. 16, Nov. 
  18 (2 amendments), Nov. 22, Nov. 25, Nov. 28, Dec. 28, 1983; Feb. 1, 
  Feb. 24, Feb. 28, Apr. 19, May 3 (3 amendments), July 12, July 30, 
  Oct. 3, Oct. 19, Dec. 5, 1984; Jan. 24, Jan. 29, May 9, June 19, July 
  31, Aug. 9, Sept. 4, 1985; Jan. 7, 1986; Jan. 15, Feb. 3, Apr. 17, 
  July 13, 1987; Feb. 3, Apr. 10, Apr. 12, Apr. 17, Oct. 23, 1989 (2 
  amendments); July 12 (2 amendments), Aug. 6 (2 amendments), Nov. 7, 
  1990; Apr. 16, Aug. 20, 1991;

[[Page 1042]]

  Mar. 24, Apr. 24, June 10, Aug. 11, Oct. 26, 1992; Mar. 22, May 13 (3 
  amendments), June 16 (2 amendments), June 30 (2 amendments), July 12, 
  Aug. 30 (4 amendments), Sept. 13, Sept. 29, Dec. 6, Dec. 20, 1993 (5 
  amendments); Jan. 18, Feb. 8, Apr. 6, Apr. 14, June 9, June 23, Aug. 
  4, Aug. 16, Aug. 17, Aug. 25, Aug. 29 (2 amendments), Sept. 16, Oct. 
  4, Dec. 1, Dec. 9, Dec. 13 (3 amendments), Dec. 14 (3 amendments), 
  1994; Jan. 6, Jan. 24, Jan. 30, Feb. 15, Feb. 16 (3 amendments), Mar. 
  6, Mar. 22 (3 amendments), Mar. 23, Apr. 3, Apr. 13, Apr. 26, May 2, 
  May 3, May 22, May 23, June 13, June 23 (2 amendments), July 13, July 
  14, Aug. 8, Aug. 18, Aug. 21 (2 amendments), Aug. 23, Sept. 6, Sept. 7 
  (2 amendments), Sept. 12, Sept. 26, Sept. 27, Oct. 23, Oct. 25, Dec. 
  14, 1995; Feb. 1, Feb. 9 (3 amendments), Feb. 12, Feb. 13, Feb. 14, 
  Feb. 29, Mar. 1, Apr. 9, Apr. 26, Apr. 30 (2 amendments), May 2, May 6 
  (2 amendments), May 7, 1996
Colorado: Oct. 5, 1979; July 9, July 16, Aug. 1, 1980; Mar. 13, Mar. 19, 
  Apr. 30, Nov. 30, Dec. 7, 1981; Jan. 29, Sept. 28, 1982; Dec. 12, 
  1983; June 28, Dec. 18, 1985; Apr. 10, Sept. 2, Dec. 3, 1986; June 22, 
  1987; July 25, Aug. 12 (2 amendments), Sept. 30, Dec. 1, 1988; Mar. 8, 
  Mar. 31, May 11, May 30, June 7, 1989; Mar. 12, 1990; Mar. 28, Apr. 
  17, 1991; June 17, June 24, June 26, Nov. 19, 1992; Sept. 27, 1993; 
  May 19, July 8, Aug. 18, Sept. 14, Sept. 19, Oct. 11, Nov. 8, Dec. 14, 
  1994; May 30, 1995; Mar. 19, 1996
Connecticut: July 30, 1979; Dec. 23, 1980; Apr. 27, May 14, July 7, Aug. 
  28 (2 amendments), Oct. 23, Nov. 18, Dec. 22, 1981; Jan. 7, Feb. 17, 
  June 7, Aug. 24, Sept. 23, Nov. 12, 1982; Feb. 8, May 4, June 28, Dec. 
  20, 1983; Jan. 25, Feb. 1, Mar. 21, Oct. 19, 1984; July 18, Dec. 13, 
  1985; Nov. 20, 1986; Feb. 19, Dec. 17, 1987; Feb. 17, Apr. 11, May 19, 
  July 12, Aug. 1, 1988; Mar. 8, Mar. 24, Apr. 10, May 30, June 2, Nov. 
  28, Nov. 30, Dec. 22, 1989; Mar. 12, 1990; Mar. 24, Nov. 20, 1992; 
  Feb. 23, Dec. 17, 1993; Jan. 18, May 19, 1994; Jan. 10, Sept. 11, Oct. 
  31, 1995
Delaware: July 30, 1979; Mar. 6, Aug. 1, 1980; May 15, Aug. 25, Sept. 
  28, Sept. 30, Oct. 30, 1981; Feb. 8, 1982; Jan. 26, Sept. 21, Oct. 17, 
  1983; Oct. 3, 1984; July 2, 1985; Dec. 8, 1986; Dec. 28, 1987; Jan. 
  22, Feb. 1, June 29, 1990; Mar. 29, 1991; Jan. 6, Nov. 12, 1992; July 
  27, 1993; Apr. 6, 1994; May 3 (2 amendments), July 28, 1995; Jan. 26, 
  Feb. 28, Mar. 26, 1996
District of Columbia: Jan. 4, Mar. 3, 1980; Jan. 30, Aug. 3, Dec. 16, 
  1981; Aug. 18, 1983; June 1, Oct. 3, 1984; Apr. 10, 1986; Aug. 4, 
  1992; Jan. 26, May 2 (2 amendments), May 26, Aug. 28, 1995; Jan. 30, 
  1996
Florida: Feb. 29, Mar. 18, Sept. 10, Nov. 14, Dec. 16, 1980; Mar. 17, 
  May 14, July 15, Aug. 25, Sept. 25, Oct. 28, Nov. 13, Nov. 24 (2 
  amendments), Dec. 15, Dec. 16, Dec. 22, 1981; Jan. 22, Mar. 3, Apr. 
  12, Apr. 13, May 10, June 18, July 7, July 26 (2 amendments), Aug. 16, 
  Oct. 26, 1982; Mar. 14, May 2, July 25, July 26, Sept. 15, Nov. 17, 
  Nov. 22, 1983; Feb. 2, 1984; Nov. 1, Dec. 23, Dec. 24, 1985; Jan. 21, 
  1986; Sept. 23, 1987; Mar. 29, June 30, 1988; Feb. 8, July 25, 1989; 
  Feb. 1, Apr. 6, Nov. 7, 1990; Oct. 17, 1991; Mar. 3, June 9, 1992 (2 
  amendments); Mar. 22, July 13, 1993; Feb. 23, Mar. 24, Apr. 14, Sept. 
  6, Sept. 7, Sept. 9, Oct. 11, Oct. 20, 1994; Jan. 3, Jan. 11, Feb. 14, 
  Feb. 24, Dec. 7, 1995; Feb. 21, Apr. 25, 1996
Georgia: Sept. 18, 1979; Jan. 3, Jan. 24, 1980; Mar. 20, May 5, May 22, 
  Aug. 6, Aug. 14, Aug. 17, Nov. 13, Nov. 15, Nov. 24, 1981; Feb. 10, 
  Apr. 13, 1982; Nov. 10, 1983; Jan. 7, 1985; Jan. 28, 1986; July 6, 
  July 12, Aug. 9, 1988; June 9, Oct. 13, Dec. 14, 1992; Jan. 26, 1993; 
  Mar. 8, Aug. 30, Dec. 21, 1995; Feb. 2, 1996
Hawaii: Aug. 7, 1979; Aug. 10, 1981; Jan. 22, Sept. 30, 1982; May 19, 
  Aug. 18, 1983
Idaho: July 30, 1979; Oct. 23, 1980; Mar. 4, 1981; July 28, 1982; May 3, 
  1984; June 6, 1985; June 23, 1986; Dec. 1, 1988; July 23, 1993; Aug. 
  25, Sept. 19, Dec. 1, 1994; May 26, 1995; May 30, 1996
Illinois: Dec. 6, 1979; Jan. 3, Feb. 21, Sept. 22, Oct. 24, 1980; Jan. 
  27, Mar. 4, Sept. 3, Oct. 21, Nov. 16, Nov. 27, 1981; Mar. 22, Mar. 
  30, May 24, June 9, June 21, Sept. 8, Oct. 29, 1982; July 6, Oct. 4, 
  Oct. 11, 1983; Feb. 22 (2 amendments), Mar. 27, July 24, Aug. 7, Aug. 
  8, 1984 (2 amendments); Feb. 7, Sept. 25, Nov. 6, 1985; Mar. 31,

[[Page 1043]]

  Apr. 25 (2 amendments), June 4, Nov. 24, 1986; Jan. 14, Jan. 21, Mar. 
  16, May 5, Nov. 27, 1987; Feb. 12, 1988; Apr. 18, June 29, July 18, 
  Oct. 4, 1990; Mar. 24, June 26, Aug. 18, Sept. 2, Sept. 3, Dec. 17, 
  Dec. 29, 1992; Apr. 6, Aug. 30, Sept. 15, Oct. 21, 1993; Jan. 28, Aug. 
  4, Sept. 9, Nov. 18, 1994; Jan. 27, Mar. 23, Apr. 3 (2 amendments), 
  Apr. 5, May 3, July 13 (2 amendments), Sept. 27 (2 amendments), Oct. 
  26 (2 amendments), Nov. 8, 1995; Jan. 26, Feb. 13, Mar. 19, Mar. 21, 
  Mar. 25, Apr. 2, Apr. 9, May 7, 1996
Indiana: Jan. 2, May 19, Aug. 6, Sept. 4, Nov. 5, Nov. 27, 1981; Feb. 3, 
  Feb. 16, Mar. 12, May 13, June 22, July 16, Sept. 29, Oct. 27, Nov. 
  12, 1982; Jan. 18, May 18 (2 amendments), Dec. 6, Dec. 16, 1983; Feb. 
  14, Mar. 13, Mar. 23, Apr. 3, Oct. 29, 1984; Apr. 17, May 1, May 17, 
  May 22, 1985; Feb. 10, Feb. 14, Apr. 25, June 3, Nov. 24, 1986; Feb. 
  18, Apr. 20, June 17, Sept. 4, Dec. 10, 1987; Jan. 19, Apr. 19, Sept. 
  1, Oct. 3, Nov. 18, Dec. 16, 1988; Jan. 19, Aug. 17, Nov. 6, 1989; May 
  3, July 31, Aug. 22, Sept. 6, Sept. 25, 1990; Mar. 6, Sept. 17, 1992; 
  June 16, Aug. 13, 1993; Apr. 28, June 20, Aug. 18, Oct. 17, 1994; Mar. 
  8, May 3, May 4 (2 amendments), June 15, July 5, Aug. 18, 1995; Feb. 
  1, Feb. 9 (2 amendments), Mar. 19, Mar. 21, Apr. 2, Apr. 9, 1996
Iowa: Mar. 6, 1980, Mar. 20, Apr. 17, Oct. 21, Dec. 8, 1981; Jan. 11, 
  Mar. 5, Apr. 12 (2 amendments), May 25, 1982; Sept. 12, 1985; July 11, 
  1986; June 26, 1987; Oct. 24, 1988; July 17, Aug. 15, 1989 (3 
  amendments); June 29, 1990; Nov. 1, Nov. 29, 1991; Jan. 22, 1992; Jan. 
  26, May 12, Sept. 27, 1993; Dec. 21, 1994; June 13, Oct. 30 (2 
  amendments), 1995; Mar. 30, 1996
Kansas: Apr. 3, Oct. 22, Dec. 15, 1981; Jan. 22, June 18, 1982; Jan. 12, 
  Dec. 11, 1984; July 11, 1986; Jan. 2, Dec. 21, 1987; May 18, Aug. 22, 
  Oct. 28, Nov. 25, 1988; Apr. 20, July 17, Oct. 27, 1989; Jan. 16, 
  1990; June 23, 1992; Jan. 12, 1993; May 12, Oct. 18, 1994; July 17, 
  1995; Apr. 25, 1996
Kentucky: Jan. 25, Oct. 31, Dec. 24, 1980; June 15, Aug. 7 (2 
  amendments), Sept. 14, Oct. 29 (2 amendments), Nov. 16, Nov. 20, Nov. 
  24, Nov. 30, 1981 (2 amendments); Jan. 12, Mar. 8, Apr. 13, May 11, 
  June 9, July 12, Aug. 10, 1982; Mar. 22, Apr. 19, May 2, May 5, 1983; 
  Jan. 11, Mar. 23, May 3, Oct. 9, 1984; Apr. 18, 1985; Dec. 4, 1986; 
  Feb. 2, Sept. 4, Dec. 3, 1987; Jan. 8, Apr. 8, June 21, July 12, Aug. 
  17, 1988; Feb. 24 (2 amendments), Apr. 20, Apr. 27, May 4, Aug. 25, 
  Sept. 1, Nov. 6, Nov. 9, Nov. 13, Nov. 28, 1989; Feb. 2, Feb. 7, May 
  16, 1990; Oct. 22, 1993; June 23, Nov. 3, 1994; Feb. 7, May 2, May 24, 
  June 13, June 19, June 29, July 28, Sept. 11, Sept. 27, 1995; Mar. 3, 
  Apr. 2, 1996
Louisiana: Feb. 14, 1980; Aug. 6, Oct. 29, 1981; Feb. 10, Feb. 16, Apr. 
  14 (2 amendments), May 10, June 9, July 7, July 28, 1982; May 1, May 
  3, May 18, 1984; Apr. 16, 1986; Apr. 24, 1987; Sept. 16, Dec. 19, 
  1988; Mar. 8, Mar. 24, June 15, June 27, Oct. 10, Nov. 27, 1989; Feb. 
  2, July 18, Sept. 7, 1990; May 2, 1991; Mar. 6, 1992; July 15, 1993; 
  Mar. 25, May 5, June 23, Oct. 4, 1994; Jan. 6, 1995
Maine: Jan. 30, Feb. 19, Sept. 9, Dec. 9, 1980; Jan. 5, Jan. 22, Aug. 
  25, 1981; Jan. 8, Feb. 17, Mar. 5, 1982; May 13, 1983; Feb. 26, May 1, 
  1985; Mar. 21, 1989; May 18, 1990; Feb. 3, 1992, Mar. 22, Mar. 23, 
  June 21, 1993; Mar. 18, June 17, Nov. 3, 1994; Jan. 10, Jan. 12, June 
  29, Aug. 30, Sept. 12, Dec. 26, 1995; Feb. 14, 1996
Maryland: Dec. 6, 1979; Mar. 18, Apr. 17, Apr. 25, July 3, Aug. 12, Aug. 
  19, Sept. 3, Sept. 4, 1980; Mar. 18, July 31, Aug. 18, Sept. 4, Sept. 
  8, Sept. 11 (4 amendments), Oct. 8, Oct. 9, Nov. 16, Dec. 16, Dec. 29, 
  1981; Feb. 23, Apr. 8, May 10, June 18, July 7, 1982; Jan. 27, Mar. 
  27, Apr. 8, Aug. 24, 1983; Mar. 8, Sept. 10, Sept. 19, Dec. 7, Dec. 
  20, 1984; Feb. 25, Feb. 26, June 25, July 2, 1985; Aug. 4, 1986; Jan. 
  14, May 30, 1989; May 16, 1990; May 24, 1991; June 24, Nov. 3, 1992; 
  Apr. 7, May 18, July 27, Nov. 30, 1993; Jan. 18, Feb. 24, Apr. 4, June 
  9, June 10, Sept. 7 (2 amendments), Oct. 12, Nov. 29, 1994; Jan. 6, 
  Oct. 23, 1995; Feb. 28, 1996
Massachusetts: May 21, July 16, 1979; Jan. 10, May 28, June 17, Aug. 12, 
  Sept. 10 (2 amendments), Sept. 16, Dec. 15, 1980; Jan. 19, Jan. 27, 
  Mar. 4, Mar. 19, Aug. 11, Aug. 27, Sept. 3, Sept. 17, Sept. 28, Dec. 
  15, 1981 (2 amendments); Jan. 25, Feb. 10, Mar.

[[Page 1044]]

  8, Mar. 29, Apr. 13, June 2, June 9, July 12, Nov. 23, Dec. 1, 1982; 
  Apr. 28, July 7 (2 amendments), July 20, Nov. 9, 1983; Jan. 10, Mar. 
  8, Mar. 23 (2 amendments), July 30, Sept. 25 (2 amendments), Oct. 30, 
  1984; Sept. 25, 1985; Apr. 1, Aug. 12, Nov. 25, 1986 (2 amendments); 
  Aug. 31, Nov. 19, 1987; Mar. 6, Mar. 10, May 4, Nov. 3, Nov. 8, 1989 
  (2 amendments); Feb. 15, Feb. 21, Apr. 19, Aug. 3 (2 amendments), Aug. 
  27, 1990; Feb. 27, Oct. 8, 1991; Oct. 8 (2 amendments), Dec. 14 (2 
  amendments), 1992, Jan. 11, Feb. 23, Mar. 16, June 30, Sept. 15, 1993; 
  Aug. 4, Oct. 4, 1994; Jan. 6, Feb. 1, Mar. 6, Apr. 5, Aug. 15, Dec. 
  19, 1995; Jan. 30, Feb. 14, Mar. 21, 1996
Michigan: May 6, June 2, Aug. 11, Aug. 25, Dec. 17, Dec. 29, 1980; Jan. 
  27, Mar. 4, Apr. 17, May 1, May 14, May 22, June 5, July 2, Aug. 28, 
  Nov. 27, Dec. 3, 1981; Jan. 12, Jan. 27 (2 amendments), Feb. 10, Feb. 
  17, Feb. 22, Mar. 24, Apr. 13, May 19, July 26, Aug. 25, Oct. 14, Nov. 
  15 (2 amendments), Dec. 13, 1982; Mar. 4, July 5, July 6, July 7, Aug. 
  15, Sept. 15, 1983; Feb. 13, May 18, 1984 (2 amendments); May 1, Aug. 
  20, Dec. 13, 1985; Nov. 24, 1986; Jan. 12, May 4, 1987; Feb. 17, Aug. 
  22, Nov. 2, 1988; Mar. 7, Oct. 3, 1989; June 11, 1992; May 13, 1993; 
  Mar. 8, June 3, Sept. 7, Sept. 15, Oct. 11, 1994; Jan. 17, Mar. 7, 
  Oct. 23, 1995; Feb. 21, Mar. 1, 1996
Minnesota: Dec. 13, 1979; June 16, 1980; Mar. 4, Apr. 8, Nov. 27, Dec. 
  8, 1981; May 6, June 21, 1982; July 5, 1984; Dec. 31, 1986; Oct. 8, 
  1992; Mar. 23, June 28, 1993; Feb. 15, Mar. 3, Mar. 16, Apr. 14 (3 
  amendments), Apr. 28, Sept. 9, Oct. 4, Oct. 13, Oct. 18, Dec. 8, 1994; 
  Jan. 18, May 2, May 24, May 31, June 13, 1995; Feb. 21, 1996
Mississippi: Jan. 10, July 10, 1980; Aug. 11, Oct. 5, 1982; Mar. 23, 
  July 27, 1984; Jan. 3, Mar. 20, 1986; Sept 23, 1987; Nov. 13, 1989; 
  Oct. 15, 1990; Aug. 4, 1992; Mar. 18, 1994; May 2, May 5, 1995; Feb. 
  12, 1996
Missouri: Mar. 18, Apr. 9, May 9, June 16, Oct. 31, Dec. 24, 1980; Mar. 
  16, Apr. 3, Apr. 27, May 22, June 12, Aug. 27, Sept. 10, Oct. 28, Nov. 
  4, Nov. 10, Nov. 13, Dec. 15, 1981; June 10, June 22, July 6, Aug. 30, 
  1982; July 21, 1983; June 1, June 11, Aug. 31, Sept. 27, Oct. 15, Nov. 
  14, 1984; Jan. 7, Jan. 24, Apr. 16, Aug. 12, Oct. 10, 1985; Feb. 10, 
  Apr. 17, Aug. 22, Sept. 3, Oct. 8, Nov. 6, 1986; Feb. 17, Apr. 14, 
  Aug. 18, Sept. 15, 1988; Mar. 13, Mar. 31, Apr. 20, July 31, Nov. 2, 
  1989; Jan. 9, Mar. 5, Nov. 2, 1990; Feb. 2, Mar. 5, Apr. 17, July 23, 
  1991; Mar. 6, June 23, Oct. 13, Nov. 5, 1992; Aug. 30, Oct. 26, 1993; 
  May 12, Aug. 24, Sept. 6, 1994; May 5, Aug. 4, Sept. 25, 1995; Feb. 6, 
  Feb. 29 (2 amendments), Mar. 11, Mar. 28, Apr. 25, 1996
Montana: Sept. 6, 1979; Jan. 10, Mar. 4, 1980; Mar. 3, 1981; July 15, 
  1982; May 5, 1983; May 1, July 9, July 13, 1984; Apr. 26, 1985; Jan. 
  16, June 6, 1986; Dec. 2, 1988; Jan. 26, June 7, 1989; June 29, Sept. 
  7, 1990; May 24, 1991; Jan. 21, Dec. 6, Dec. 17, 1993; Jan. 18, Jan. 
  20, Mar. 11, Apr. 14, Aug. 30, Nov. 8, Dec. 13, 1994; Jan. 27, Mar. 
  22, July 18, Aug. 30, Nov. 3, 1995; Mar. 19, 1996
Nebraska: Oct. 6, 1981; Jan. 22, May 5, 1982; Mar. 28 (2 amendments), 
  July 5, Nov. 29, 1983; July 23, 1984; Jan. 31, May 30, 1985; Sept. 15, 
  Sept. 19, 1986; Aug. 3, 1987; Feb. 16, May 16, 1989; July 2, Oct. 7, 
  1991; Aug. 30, 1993; Jan. 4, 1995; Feb. 9, Feb. 12, Feb. 14, 1996
Nevada: Feb. 4, Feb. 6, July 10, 1980; Apr. 14, Aug. 10, Aug. 27, Sept. 
  14, 1981; Mar. 8, Apr. 13 (2 amendments), June 18, June 21, June 23 (2 
  amendments), June 30, 1982; Feb. 10, 1983; Feb. 24, Mar. 20, Mar. 27, 
  June 29, Aug. 8, Nov. 5, 1984; Aug. 21, 1986; Feb. 9, 1996
New Hampshire: Apr. 11, June 23, Sept. 9, Sept. 22, Dec. 18, 1980; July 
  15, 1981; Jan. 7, June 7, Dec. 17, Dec. 30, 1982; Mar. 15, Apr. 21, 
  June 27, Oct. 20, Oct. 31, 1983; Feb. 1, Mar. 23, Aug. 1, Aug. 7, 
  Sept. 27, 1984 (2 amendments); Mar. 13, 1985; Feb. 2, Sept. 17, Dec. 
  14, 1987; Aug. 25, 1988; June 13, Aug. 14, Dec. 12, 1991; Aug. 14, 
  1992; Jan. 19, May 25, 1993; Aug. 19, Oct. 4, Oct. 12, 1994; Sept. 12, 
  1995
New Jersey: Mar. 11, Apr. 19, May 7, Oct. 31, 1980; Apr. 15, Apr. 27, 
  May 12, Sept. 30, Nov. 3, 1981; June 11, 1982; July 8, Nov. 9, 1983; 
  Jan. 27, Oct. 3, 1984; June 3, June 27, Nov. 25, 1986; Dec. 23, 1987; 
  Apr. 29, 1988; June 16, 1989; Mar. 26, June 29, 1990; Oct. 7, 1991; 
  Sept. 17, Nov. 10, 1992; May 25, 1993; Apr. 15, Aug. 4, 1994;

[[Page 1045]]

  June 21, Dec. 7, 1995; Feb. 12, 1996
New Mexico: Apr. 10, Dec. 24, 1980; Mar. 26, June 18, Aug. 6, Aug. 19, 
  Aug. 27, 1981 (2 amendments); Mar. 30, Apr. 16, May 3, May 5 (2 
  amendments), Oct. 6, Dec. 7, 1982; July 1, Aug. 24, 1983; Mar. 8, July 
  27, Aug. 13, Nov. 2, 1984; Mar. 4, 1985; Feb. 27, 1987; Nov. 2, 1988; 
  Oct. 27, 1989; June 4, Aug. 21, 1990; Mar. 5, May 2, July 17, Nov. 12, 
  1991; Feb. 23 (2 amendments), May 12, Sept. 9, Nov. 29, Dec. 21 (2 
  amendments), 1993; Mar. 16, May 5, Nov. 11, 1994; Nov. 8, 1995
New York: Feb. 5, Mar. 6, Apr. 24, May 21, July 1, Nov. 10, 1980; Jan. 
  27 (2 amendments), Mar. 19 (2 amendments), Apr. 27, May 26, Sept. 9, 
  Sept. 24, Nov. 12, 1981; Feb. 22, Mar. 5, Aug. 11, 1982; Jan. 26 (2 
  amendments), June 1, Aug. 2, Dec. 20, 1984; May 30, June 17, July 19, 
  1985; Nov. 7, 1986; Sept. 15, 1988; Mar. 7, June 21, Nov. 28, 1989; 
  Mar. 26, Aug. 7, 1991; July 27 (2 amendments), Sept. 29, 1993; Aug. 4, 
  1994; Jan. 6, 1995
North Carolina: Jan. 10, Apr. 17, Aug. 20, Sept. 10, 1980; Mar. 19, Apr. 
  13, Apr. 16, May 15, Aug. 27, Nov. 30, 1981; Feb. 23, July 26, Dec. 7, 
  1982; Jan. 26, Feb. 10, July 8, Nov. 15, 1983; Mar. 26, Sept. 14, 
  1984; Oct. 15, 1985; Jan. 26, June 3, Sept. 9, Nov. 19, 1986 (2 
  amendments); Apr. 3, Apr. 17, Sept. 9, Dec. 15, 1987; Feb. 29, Apr. 5, 
  Apr. 6, June 9, Dec. 12, 1988; Jan. 18, Mar. 9 (2 amendments), Mar. 
  16, Dec. 20, 1989; Jan. 16, Mar. 12, June 12, 1990; May 2, May 21, 
  1991; Sept. 9, 1993; Apr. 18, June 23, June 30, Aug. 15, Sept. 21, 
  Oct. 18, Oct. 31, 1994; Jan. 26, May 5, May 8, June 1, July 5, July 28 
  (2 amendments), Aug. 2, Sept. 5, Oct. 4, 1995; Feb. 1 (2 amendments), 
  Feb. 14, May 23, 1996
North Dakota: Nov. 2, 1979; Aug. 12, 1980; Nov. 12, 1982; Sept. 18, 
  1984; Sept. 28, Nov. 14, 1988; May 12, June 7, 1989; Aug. 9, 1990; 
  June 20, 1991; June 26, 1992, June 21, Oct. 20, 1993; Aug. 21, Nov. 3, 
  1995
Ohio: Oct. 31 (3 amendments), Nov. 28, 1980; Jan. 27, Mar. 4, Mar. 31, 
  May 1, June 18, Aug. 11, Aug. 28, Nov. 20, Nov. 27, Dec. 29, 1981; 
  Jan. 22, Mar. 8, Mar. 22, May 13, May 14, June 10, June 30, July 26, 
  Aug. 10, Oct. 1, 1982; Mar. 2, Mar. 30, July 5 (2 documents), July 7, 
  July 8, Aug. 25, Nov. 11, Dec. 2, 1983; Feb. 23, May 15, June 1, July 
  6, Aug. 13, Dec. 13, 1984; Jan. 7, Jan. 10, Feb. 1, June 13, 1985; 
  Sept. 2, Nov. 24, 1986; Dec. 8, Dec. 30, 1987; May 20, Aug. 25, Sept. 
  15, 1988; Jan. 17, Jan. 18, Apr. 5, Aug. 9, Dec. 7, 1989; Nov. 2, Dec. 
  3, 1990; Jan. 27, 1992; Mar. 22, Sept. 8, Oct. 22, Dec. 17, 1993; Feb. 
  4, May 9, May 27, Aug. 23, Sept. 13, Oct. 13, Oct. 20, Oct. 25, Dec. 
  8, 1994; Mar. 23, Apr. 4, May 2, Aug. 1, Oct. 27, Oct. 30, 1995; Mar. 
  11, Apr. 25, May 6, May 15, May 16, 1996
Oklahoma: Feb. 13, Nov. 28, 1980; May 26, Aug. 6, 1981; Apr. 13, Apr. 
  16, May 14, Aug. 3, 1982; May 18, Aug. 15, Aug. 25, 1983; Jan. 25, 
  Apr. 2, Apr. 25, July 27, 1984; Mar. 26, 1985; June 12, June 29, Aug. 
  20, Oct. 18, 1990; Jan. 31, Feb. 12, July 23, Aug. 8, 1991; Mar. 6, 
  1992; June 23, 1994; Feb. 29, Apr. 9, 1996
Oregon: July 30, 1979; Apr. 18, June 24, July 15, 1980; Jan. 2, Mar. 4, 
  Aug. 27, Nov. 5, Nov. 6, 1981; Apr. 12 (4 amendments), July 7, Aug. 
  13, Oct. 7, 1982; Mar. 2, Mar. 17, May 18, July 7, Oct. 24, 1983; Apr. 
  20, Aug. 15, Sept. 11, Sept. 20, Oct. 15, 1984; Jan. 8, Apr. 16, Apr. 
  18, Aug. 2, 1985; Jan. 16, Apr. 10, Apr. 21, June 4, June 27, 1986; 
  Feb. 13, Mar. 13, July 29, Aug. 25, 1987; Jan. 15 (2 amendments), Nov. 
  22, 1988; Mar. 1, Oct. 12, 1989; Apr. 23, Apr. 26, July 30, Sept. 13, 
  1991; June 9, Aug. 19 (4 amendments), 1992; Feb. 23, June 4, Sept. 9, 
  Sept. 29, Dec. 6, Dec. 17, 1993; Jan. 19, Feb. 15, Mar. 24, May 17, 
  June 29, July 1, Aug. 24, 1994; Jan. 11, Feb. 15, July 19, Sept. 5, 
  1995; May 16, 1996
Pennsylvania: July 7, Aug. 8, Dec. 17, 1979; May 20, Aug. 19, 1980; Aug. 
  5, Aug. 18, Aug. 27, Aug. 28, Sept. 15, Sept. 17, Oct. 21, Nov. 3, 
  Dec. 16, Dec. 29, 1981; Feb. 26, Apr. 16, June 9, Oct. 7, Dec. 6, 
  1982; Jan. 19, Jan. 21, Mar. 15, May 12, July 5, July 6, Oct. 12, Nov. 
  22, 1983; Feb. 6, July 27 (2 amendments), Aug. 1, Aug. 21, 1984; Feb. 
  26, 1985; Nov. 6, 1986; Jan. 14, Apr. 8, Oct. 19, 1987; Apr. 21, 1988; 
  Jan. 23, 1989; May 16, 1990; Sept. 17, Sept. 23, Nov. 5, 1992; Apr. 6, 
  Apr. 12, May 13, June 16 (4 amendments), June 30, Sept. 28, Oct. 19, 
  Oct. 26, 1993; Feb. 10, June 13,

[[Page 1046]]

  July 21, Dec. 22, 1994; Jan. 12, Feb. 15 (2 amendments), Aug. 8, Aug. 
  10, Aug. 18, Sept. 8, Nov. 3, Dec. 13, 1995; Jan. 30, Feb. 12, Apr. 2, 
  Apr. 9, May 16, 1996
Rhode Island: Jan. 15, Jan. 21, May 7, Dec. 30, 1981; Apr. 26, Nov. 10, 
  1982; Mar. 29, June 28, July 6, Sept. 15, 1983; May 15, July 6, July 
  27, 1984; Jan. 8, July 31, Dec. 11, 1986; Aug. 31, Sept. 1, Sept. 28, 
  1987; Feb. 10, 1988; Mar. 10, June 2, Sept. 19, 1989; Aug. 31, Sept. 
  6, 1990; Sept. 30, Oct. 7, 1991; Dec. 17, 1993; Oct. 18, 1994; Jan. 
  10, 1995; Mar. 22, Apr. 4, 1996
South Carolina: Sept. 21, 1979; Jan. 29, July 7, 1980; July 7, July 17, 
  Aug. 7, Nov. 6, Nov. 13, Nov. 24, Nov. 30, Dec. 16, 1981; Feb. 10, 
  July 26, Sept. 3, 1982; Feb. 8, Oct. 31, 1983; Oct. 29, 1984; Jan. 21, 
  1986; Feb. 17, May 28, 1987; Oct. 3, 1989 (2 amendments); July 2, 
  1990; Feb. 4, Dec. 15, 1992; Apr. 15, 1994; Feb. 24, Dec. 11, 1995; 
  Feb. 16, 1996
South Dakota: July 30, Aug. 9, 1979; Sept. 4, 1980; Nov. 3, 1981; July 
  7, 1983; Sept. 26, 1984; Sept. 2, 1988; June 7, 1989; Jan. 21, July 
  12, 1993; Oct. 25, 1994; Sept. 6, 1995
Tennessee: Jan. 10, Feb. 6, Apr. 24, Aug. 13, Nov. 17, 1980; Sept. 2, 
  Nov. 16, Nov. 24, Nov. 30, Dec. 15, Dec. 16, 1981; May 12, May 27, 
  June 9, June 21, June 24, July 26, Oct. 25, Dec. 7, 1982; Mar. 15, 
  Mar. 22, May 2, July 18, Oct. 31, 1983; Jan. 11, June 21, July 27, 
  Aug. 7, Aug. 8, Oct. 19, 1984; Feb. 26, Mar. 29, Apr. 23, July 19, 
  Aug. 12, Sept. 13, 1985; Mar. 19, June 3, Dec. 31, 1986; Jan. 14, Jan. 
  15, Mar. 2, June 16, Dec. 3, Dec. 10, 1987; June 23 (6 amendments), 
  July 6, Aug. 23, Oct. 12, Oct. 19, Nov. 23, Nov. 25, Dec. 2, 1988; 
  Jan. 23, Jan. 27, June 15, June 28, Aug. 3, Dec. 12, Dec. 20, 1989; 
  Feb. 21, May 8, May 16, 1990; Mar. 11, Sept. 9, 1991; June 26, Sept. 
  3, 1992; Feb. 23, Apr. 7, Apr. 28 (2 amendments), Sept. 27, 1993; Apr. 
  15, Apr. 18, July 26, Aug. 4, Sept. 15, Nov. 1, 1994; Jan. 17, Feb. 9, 
  Feb. 10, Feb. 27, 1994; May 8, July 28 (2 amendments), Sept. 11, Dec. 
  26, 1995; Mar. 19, Apr. 2, Apr. 3, 1996
Texas: Sept. 24, Dec. 18, 1979; Mar. 25, Aug. 6, 1980; July 10, Aug. 28, 
  Sept. 29, Nov. 13, Dec. 15, 1981; Jan. 27, Mar. 29, May 14, May 19, 
  June 23, July 1, July 28 (2 amendments), Aug. 13, Oct. 7, Oct. 25, 
  Nov. 10, 1982; Feb. 25, Mar. 31, Aug. 15, Oct. 4, Nov. 7, 1983; Aug. 
  13 (2 amendments), Aug. 15, 1984; June 26, July 1, 1985; Nov. 24, 
  1986; May 6, Nov. 22, 1988; Feb. 9, Feb. 23, May 5, 1989; Aug. 3, 
  Sept. 6, Oct. 12, 1990; Aug. 14, Sept. 10, 1991; June 24, Sept. 24, 
  1992; Aug. 30, 1993; Jan. 18, Jan. 20, Apr. 15, Aug. 19, Aug. 22, Aug. 
  26, Sept. 9, Sept. 12, Sept. 15, Oct. 4, Nov. 29, 1994; Mar. 6, Mar 7 
  (2 amendments), Apr. 3, June 5, June 19, Sept. 27, Nov. 8, 1995; May 
  8, 1996
Utah: Feb. 19, Sept. 10, 1980; May 5, 1981; Feb. 12, May 28, Aug. 4, 
  1982; Dec. 21, 1983; July 11, Aug. 15, 1984; Feb. 20, 1985; May 30, 
  1986; Jan. 17, Mar. 8, June 7, 1989; June 24, 1991; June 26, 1992; 
  July 8, Nov. 8, Dec. 14, 1994; May 5, June 29, Nov. 3, 1995; Mar. 8, 
  May 6, 1996
Vermont: Jan. 30, Feb. 19, Sept. 9, 1980; Mar. 16, Mar. 18, 1981; Jan. 
  7, Feb. 10, Apr. 16, 1982; Aug. 23, 1983; Feb. 26, 1985; July 17, 
  1987; Mar. 5, 1991; Jan. 10, 1995
Virginia: Dec. 17, 1979; Jan. 31, Aug. 19, Oct. 8 (2 amendments), Dec. 
  5, 1980; Mar. 18, Apr. 20, Aug. 6, Aug. 17, Aug. 18, Aug. 27, Sept. 3, 
  Oct. 6, Nov. 6 (2 amendments), Nov. 23, 1981; Jan. 13, Feb. 24, Mar. 
  1, Mar. 8, Apr. 6, May 3, May 4, May 6, Sept. 28, 1982; Feb. 25, Mar. 
  4, Aug. 18, Sept. 15, 1983; Jan. 25, Jan. 30, Mar. 23, Mar. 26, June 
  1, June 5, Oct. 9, 1984; June 25, 1985; Aug. 20, 1990; Nov. 1, 1991; 
  Jan. 27, Mar. 6, Mar. 18, May 6, May 18, Aug. 11, Oct. 26, 1992; Feb. 
  23, Feb. 25, June 16, Aug. 30, 1993; Mar. 31, Apr. 15, June 23, Aug. 
  23, Oct. 19, 1994; May 2, Aug. 23, Sept. 27, Sept. 28, Dec. 8, 1995
Washington: July 30, 1979, June 5, July 31, Dec. 24, 1980; Apr. 15, Aug. 
  14, Sept. 14, 1981; Feb. 23, Mar. 22, Apr. 14, Dec. 17, 1982; Feb. 28, 
  June 29, 1983; July 6, July 9, Aug. 21, 1984; Jan. 29, Apr. 22, 1985; 
  Mar. 27, 1986; Jan. 2, May 4, 1987; May 29, 1991; Jan. 15, July 12, 
  July 27 (2 amendments), 1993; Jan. 20, June 23, Aug. 4, Aug. 29, Sept. 
  12, Oct. 12, Oct. 31, 1994; Feb. 22, Mar. 8, May 3, May 5, June 2, 
  June 29, Aug. 23, Oct. 24 (2 amendments), Oct. 25, 1995; Feb. 14, May 
  23, 1996

[[Page 1047]]

West Virginia: Aug. 14, Nov. 10, Nov. 20, 1980; Aug. 27, Oct. 29, Nov. 
  20, 1981; Mar. 16, Sept. 1, Dec. 9, 1982; Sept. 20, 1983; Apr. 27, 
  1984; July 2, 1985; Apr. 11, 1986; Apr. 24, 1991; Sept. 17, 1992; May 
  18, June 28, 1993; Apr. 19, July 25, Sept. 6 (3 amendments), Dec. 21, 
  1994; Feb. 1, Aug. 4 (2 amendments), Sept. 5, 1995
Wisconsin: Jan. 11, 1980; Apr. 9, Apr. 17, May 6, June 9, Aug. 14, Aug. 
  20, Oct. 21, Nov. 27, 1981; Apr. 13, May 17, June 21, Nov. 15, 1982; 
  Mar. 9, Nov. 28, 1983; Jan. 25, Mar. 9, Aug. 1, Nov. 6, 1984; Feb. 25, 
  Mar. 14, May 10, June 28, Aug. 9, 1985; June 25, Sept. 9, Nov. 24 (2 
  amendments), Dec. 15, Dec. 23, 1986; Sept. 9, 1988; Apr. 5, Sept. 6, 
  Nov. 2, 1989; Feb. 1, Mar. 27, Apr. 6, Nov. 30, 1990; Nov. 5, 1991; 
  Oct. 8, Nov. 11, 1992; May 21, June 28, Aug. 13, Dec. 6, 1993; Feb. 1, 
  Mar. 1, Aug. 10, Aug. 15, Aug. 19, Aug. 24, Dec. 7, 1994; Jan. 12, 
  Jan. 18, Jan. 31, June 30, July 28, 1995; Feb. 12 (2 amendments), Feb. 
  13, Mar. 11, Mar. 22, Apr. 4, Apr. 9, Apr. 25, Apr. 29, 1996
Wyoming: July 2, Sept. 6, 1979; Apr. 27, 1981; Feb. 9, 1982; Apr. 19, 
  1983; Oct. 11, 1984; May 12, 1986; Feb. 15, Mar. 17, June 7, 1989; 
  July 10, 1990; May 24, 1991; June 20, June 23, Nov. 29, 1994; Sept. 
  12, Nov. 3, 1995
American Samoa: Aug. 14, 1985
Guam: Mar. 6, 1980; May 12, 1981; Sept. 30, 1982; May 15, 1984; Jan. 22, 
  Aug. 14, 1985
Northern Mariana Islands: Nov. 13, 1987
Puerto Rico: Nov. 3, 1980; Apr. 27, 1981; Sept. 3, 1982; Oct. 20, 1983; 
  Feb. 22, Apr. 18, 1985; Oct. 16, 1987; May 31, 1995
Virgin Islands: May 2, 1980; Apr. 27, Sept. 3, 1981; Mar. 4, 1983; Feb. 
  7, Feb. 26, 1985; Feb. 13, 1987; Mar. 18, 1994
Copies of the Plans listed above are available at the Environmental 
  Protection Agency, Public Information Reference Unit, Room 2904, 401 M 
  St., SW, Washington, DC 20460 and at the appropriate EPA Regional 
  Office as follows:


EPA Region

I--Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, 
  Vermont--JFK Federal Bldg., Boston, MA 02203
II--New York, New Jersey, Puerto Rico, Virgin Islands--Federal Office 
  Bldg., 26 Federal Plaza, New York, NY 10278
III--Delaware, District of Columbia, Pennsylvania, Maryland, Virginia, 
  West Virginia--841 Chestnut St., Philadelphia, PA 19107
IV--Alabama, Florida, Georgia, Mississippi, Kentucky, North Carolina, 
  South Carolina, Tennessee--345 Courtland St., NE., Atlanta, GA 30365
V--Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin--Federal 
  Bldg., 230 South Dearborn St., Chicago, IL 60604
VI--Arkansas, Louisiana, New Mexico, Oklahoma, Texas--1201 Elm St., 
  Dallas, TX 75270
VII--Iowa, Kansas, Missouri, Nebraska--726 Minnesota Ave., Kansas City, 
  KS 66101
VIII--Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming--999 
  18th St., Denver, CO 80202
IX--Arizona, California, Hawaii, Nevada, Guam, American Samoa, Northern 
  Mariana Islands--215 Fremont St., San Francisco, CA 94105
X--Washington, Oregon, Idaho, Alaska--1200 6th Ave., Seattle, WA 98101
  Copies are available at: Environmental Protection Agency Library, 401 
  M St., SW, Room 2904, Washington, DC 20460; Environmental Protection 
  Agency, Office of Air Quality Planning and Standards, 411 Chapel Hill 
  St., Durham, NC 27701


American Petroleum Institute

  2101 L Street, NW., Washington, DC 20037
Evaporation Loss from External Floating-Roof 
  Tanks, Publication 2517, second edition, 
  February 1980...................................        52.741; 52.742

[[Page 1048]]

American Society for Testing and Materials

  1916 Race Street, Philadelphia, PA 19103
D-86-82 Standard Method for Distillation of 
  Petroleum Products..............................        52.741; 52.742
D 323-82 Standard Test Method for Vapor Pressure 
  of Petroleum Products (Reid Method).............        52.741; 52.742
D 1475-85 Standard Test Method for Density of 
  Paint, Varnish, Lacquer, and Related Products...        52.741; 52.742
D 2369-87 Standard Test Method for Volatile 
  Content of Coatings.............................        52.741; 52.742
D 2372-85 Standard Test Method for Separation of 
  Vehicle from Solvent-Reducible Paints...........        52.741; 52.742
D 2697-86 Standard Test Method for Volume 
  Nonvolatile Matter in Clear or Pigmented 
  Coatings........................................        52.741; 52.742
D 2879-86 Standard Test Method for Vapor Pressure-
  Temperature Relationship and Initial 
  Decomposition Temperature of Liquids by 
  Isoteniscope....................................        52.741; 52.742
D 3792-86 Standard Test Method for Water Content 
  of Water-Reducible Paints by Direct Injection 
  into a Gas Chromatograph........................        52.741; 52.742
D 3925-81 (Reapproved 1985) Standard Practice for 
  Sampling Liquid Paints and Related Pigment 
  Coatings........................................        52.741; 52.742
D 3980-87 Standard Practice for Interlaboratory 
  Testing of Paint and Related Materials..........        52.741; 52.742
D 4017-81 (Reapproved 1987) Standard Test Method 
  for Water in Paints and Paint Materials by the 
  Karl Fischer Method.............................        52.741; 52.742
D 4457-85 Standard Test Method for Determination 
  of Dichloromethane and 1,1,1-Trichloroethane in 
  Paints and Coatings by Direct Injection into a 
  Gas Chromatograph...............................        52.741; 52.742
E 180-85 Standard Practice for Determining the 
  Precision of ASTM Methods for Analysis and 
  Testing of Industrial Chemicals.................        52.741; 52.742
E 300-86 Standard Practice for Sampling Industrial 
  Chemicals.......................................        52.741; 52.742


National Technical Information Service

  5285 Port Royal Rd., Springfield, VA 22161
``Guideline on Air Quality Models (Revised)'' 
  (1986), and Supplement A (1987), EPA 450/2-78-
  027R............................................              52.21(l)


U.S. Environmental Protection Agency

  Air and Radiation Division, Region V, 230 S. Dearborn, Chicago, IL 
  60604
35 Illinois Administrative Code 215, June 1989, 
  Subparts (B), (E) (sections 215.182, 215.183, 
  215.184), (K) (sections 215.301 and 215.302), 
  (Q) (excluding sections 215.432 and 215.236), 
  (R) (excluding sections 215.447, 215.450, and 
  215.452), (S), (V), (X), (Y) (sections 215.582, 
  215.583, 215.584), and (Z)......................        52.741; 52.742


U.S. Government Printing Office

  Washington, DC 20402--Tel.: (202) 512-1800
Standard Industrial Classification Manual, 1987...        52.741; 52.742


                                                                    Chap.

[[Page 1049]]



                    Table of CFR Titles and Chapters



                      (Revised as of June 30, 1996)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Advisory Committee on Federal Pay (Parts 1400--1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3202)
      XXVI  Department of Defense (Part 3601)

[[Page 1050]]

       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
      LXIX  Tennessee Valley Authority (Part 7901)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Consumer Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)

[[Page 1051]]

       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of Finance and Management, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  [Reserved]
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
     XXXIX  Economic Analysis Staff, Department of Agriculture 
                (Parts 3900--3999)
        XL  Economics Management Staff, Department of Agriculture 
                (Parts 4000--4099)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)

[[Page 1052]]

        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Meat and Poultry 
                Inspection, Department of Agriculture (Parts 300--
                399)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
        XI  United States Enrichment Corporation (Parts 1100--
                1199)
        XV  Office of the Federal Inspector for the Alaska Natural 
                Gas Transportation System (Parts 1500--1599)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Thrift Depositor Protection Oversight Board (Parts 
                1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700-1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

[[Page 1053]]

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Office of Commercial Space Transportation, Department 
                of Transportation (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

[[Page 1054]]

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development, International 
                Development Cooperation Agency (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)

[[Page 1055]]

        VI  United States Arms Control and Disarmament Agency 
                (Parts 600--699)
       VII  Overseas Private Investment Corporation, International 
                Development Cooperation Agency (Parts 700--799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)

[[Page 1056]]

      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs and Section 202 Direct Loan Program) 
                (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3699)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

[[Page 1057]]

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Programs, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
      XXVI  Pension Benefit Guaranty Corporation (Parts 2600--
                2699)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)

[[Page 1058]]

       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)

[[Page 1059]]

       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100-1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400-1499)

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)

[[Page 1060]]

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99)
            Subtitle F--Federal Travel Regulation System
       301  Travel Allowances (Parts 301-1--301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Parts 303-1--303-2)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

[[Page 1061]]

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services, 
                General Administration (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  ACTION (Parts 1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
        IV  Federal Maritime Commission (Parts 500--599)

[[Page 1062]]

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        22  Small Business Administration (Parts 2200--2299)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)

[[Page 1063]]

        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Regulatory Agencies (Fishing and 
                Whaling) (Parts 300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 1064]]

                      CFR Index and Finding Aids

                                                                         
            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            Acts Requiring Publication in the Federal Register
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 1065]]





           Alphabetical List of Agencies Appearing in the CFR



                      (Revised as of June 30, 1996)

                                                  CFR Title, Subtitle or
                     Agency                               Chapter

ACTION                                            45, XII
Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Analysis Staff                         7, XXXIX
  Economic Research Service                       7, XXXVII
  Economics Management Staff                      7, XL
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Finance and Management, Office of               7, XXX
  Food and Consumer Service                       7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alaska Natural Gas Transportation System, Office  10, XV
     of the Federal Inspector
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII

[[Page 1066]]

American Battle Monuments Commission              36, IV
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Arms Control and Disarmament Agency, United       22, VI
     States
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Commerce Department                               44, IV
  Census Bureau                                   15, I`
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation, Office of        14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51

[[Page 1067]]

  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Defense Mapping Agency                          32, I
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Mapping Agency                            32, I
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Analysis Staff                           7, XXXIX
Economic Development Administration               13, III
Economics Management Staff                        7, XL
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Enrichment Corporation, United States             10, XI
Environmental Protection Agency                   40, I
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV

[[Page 1068]]

Farm Service Agency                               7, VII, XVIII
Farmers Home Administration                       7, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
Federal Claims Collection Standards               4, II
Federal Communications Commission                 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Information Resources Management          41, Subtitle E, Ch. 201
     Regulations
Federal Inspector for the Alaska Natural Gas      10, XV
     Transportation System, Office of
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Finance and Management, Office of                 7, XXX
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Fishing and Whaling, International Regulatory     50, III
     Agencies
Food and Drug Administration                      21, I
Food and Consumer Service                         7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Information Resources Management        41, Subtitle E, Ch. 201
     Regulations
[[Page 1069]]

  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Travel Allowances                               41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes Pilotage                              46, III
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V

[[Page 1070]]

  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, Agency for             22, II
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, Agency for           22, II; 48, 7
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Regulatory Agencies (Fishing and    50, III
     Whaling)
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Relations and Cooperative      29, II
       Programs, Bureau of
  Labor-Management Programs, Office of            29, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Relations and Cooperative        29, II
     Programs, Bureau of
Labor-Management Programs, Office of              29, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII

[[Page 1071]]

  Copyright Office                                37, II
Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Mines, Bureau of                                  30, VI
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX

[[Page 1072]]

Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XXVI
Personnel Management, Office of                   5, I; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Prisons, Bureau of                                28, V
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
  Federal Acquisition Regulation                  48, 22
Smithsonian Institution                           36, V
Social Security Administration                    20, III
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Depositor Protection Oversight Board       12, XV
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of
  Coast Guard                                     33, I; 46, I; 49, IV
  Commercial Space Transportation, Office of      14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II

[[Page 1073]]

  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
Transportation, Office of                         7, XXXIII
Travel Allowances                                 41, 301
Treasury Department                               5, XXI; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
United States Enrichment Corporation              10, XI
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 1075]]



                                     

                                     



                      Table of OMB Control Numbers



         PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 
1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 
300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 300j-9, 
1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048.

Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

    This part consolidates the display of control numbers assigned to 
collections of information in certain EPA regulations by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act (PRA). 
This part fulfills the requirements of section 3507(f) of the PRA.

------------------------------------------------------------------------
                                                            OMB control 
                     40 CFR citation                            No.     
------------------------------------------------------------------------
                           Public Information                           
                                                                        
Part 2, subpart B.......................................       2050-0143
------------------------------------------------------------------------
                                                                        
   General Regulation for Assistance Programs for Other than State and  
                           Local Governments                            
                                                                        
30.400..................................................       2030-0020
30.500..................................................       2030-0020
30.501..................................................       2030-0020
30.503..................................................       2030-0020
30.505..................................................       2030-0020
30.510..................................................       2030-0020
30.520..................................................       2030-0020
30.530..................................................       2030-0020
30.531..................................................       2030-0020
30.532..................................................       2030-0020
30.535..................................................       2030-0020
30.1002.................................................       2030-0020
30.1003.................................................       2030-0020
30.1200.................................................       2030-0020
------------------------------------------------------------------------
                                                                        
     Uniform Administrative Requirements for Grants and Cooperative     
               Agreements to State and Local Governments                
                                                                        
------------------------------------------------------------------------
31.10...................................................       2030-0020
31.20-31.21.............................................       2030-0020
31.31-31.32.............................................       2030-0020
31.36(g)-31.36(h).......................................       2030-0020
31.40...................................................       2030-0020
31.42...................................................       2030-0020
31.6....................................................       2030-0020
                                                                        
------------------------------------------------------------------------
                 Procurement Under Assistance Agreements                
                                                                        
------------------------------------------------------------------------
33.110..................................................       2030-0003
33.211..................................................       2030-0003
                                                                        
------------------------------------------------------------------------
                       State and Local Assistance                       
                                                                        
------------------------------------------------------------------------
35.2015.................................................       2040-0027
35.2025.................................................       2040-0027
35.2034.................................................       2040-0027
35.2040.................................................       2040-0027
35.2105-35.2107.........................................       2040-0027
35.2110.................................................       2040-0027
35.2114.................................................       2040-0027
35.2118.................................................       2040-0027
35.2120.................................................       2040-0027
35.2127.................................................       2040-0027
35.2130.................................................       2040-0027
35.2140.................................................       2040-0027
35.2211-35.2212.........................................       2040-0027
35.2215-35.2216.........................................       2040-0027
35.2218.................................................       2040-0027
35.3010.................................................       2040-0095
35.3030.................................................       2040-0095
35.3130.................................................       2040-0118
35.3135.................................................       2040-0118
35.3140.................................................       2040-0118
35.3145.................................................       2040-0118
35.3150.................................................       2040-0118
35.3155.................................................       2040-0118
35.3160.................................................       2040-0118
35.3165.................................................       2040-0118
35.3170.................................................       2040-0118
35.6055(a)(2)...........................................       2010-0020
35.6055(b)(1)...........................................       2010-0020
35.6055(b)(2)(i)-(ii)...................................       2010-0020
35.6105(a)(2)(i)-(v), (vii).............................       2010-0020
35.6110(b)(2)...........................................       2010-0020
35.6120.................................................       2010-0020
35.6145.................................................       2010-0020
35.6155(a), (c).........................................       2010-0020
35.6230(a), (c).........................................       2010-0020
35.6300(a)(3)...........................................       2010-0020
35.6315(c)..............................................       2010-0020
35.6320.................................................       2010-0020

[[Page 1076]]

                                                                        
35.6340(a)..............................................       2010-0020
35.6350.................................................       2010-0020
35.6500.................................................       2010-0020
35.6550(a)(1)(ii).......................................       2010-0020
35.6550(b)(1)(iii)......................................       2010-0020
35.6550(b)(2)(i)........................................       2010-0020
35.6585.................................................       2010-0020
35.6595(a)..............................................       2010-0020
35.6600(a)..............................................       2010-0020
35.6650.................................................       2010-0020
35.6655.................................................       2010-0020
35.6660.................................................       2010-0020
35.6665(a)..............................................       2010-0020
35.6700.................................................       2010-0020
35.6705.................................................       2010-0020
35.6710.................................................       2010-0020
35.6805.................................................       2010-0020
35.6815 (a), (d), (e)...................................       2010-0020
35.9000-35.9070.........................................       2040-0138
                                                                        
------------------------------------------------------------------------
 Requirements for Preparation, Adoption, and Submittal of Implementation
                                  Plans                                 
                                                                        
------------------------------------------------------------------------
51.160-51.166...........................................       2060-0003
51.321-51.323...........................................       2060-0088
51.353-51.354...........................................       2060-0252
51.365-51.366...........................................       2060-0252
51.370-51.371...........................................       2060-0252
51.850-51.860...........................................       2060-0279
                                                                        
------------------------------------------------------------------------
            Approval and Promulgation of Implementation Plans           
                                                                        
------------------------------------------------------------------------
52.21...................................................       2060-0003
52.741..................................................       2060-0203
                                                                        
------------------------------------------------------------------------
                 Outer Continental Shelf Air Regulations                
                                                                        
------------------------------------------------------------------------
55.4-55.8...............................................       2060-0249
55.11-55.14.............................................       2060-0249
                                                                        
------------------------------------------------------------------------
                    Ambient Air Quality Surveillance                    
                                                                        
------------------------------------------------------------------------
58.11-58.14.............................................       2060-0084
58.20-58.23.............................................       2060-0084
58.25-58.28.............................................       2060-0084
58.30-58.31.............................................       2060-0084
58.33...................................................       2060-0084
58.35...................................................       2060-0084
58.40-58.41.............................................       2060-0084
58.43...................................................       2060-0084
58.45...................................................       2060-0084
58.50...................................................       2060-0084
                                                                        
------------------------------------------------------------------------
         Standards of Performance for New Stationary Sources \1\        
                                                                        
------------------------------------------------------------------------
60.7(d).................................................       2060-0207
60.45-60.47.............................................       2060-0026
60.46a-60.49a...........................................       2060-0023
60.40b..................................................       2060-0072
60.42b..................................................       2060-0072
60.44b-60.49b...........................................       2060-0072
60.42c..................................................       2060-0202
60.44c-60.48c...........................................       2060-0202
60.53-60.54.............................................       2060-0040
60.50a..................................................       2060-0210
60.56a-60.59a...........................................       2060-0210
60.63-60.65.............................................       2060-0025
60.73-60.74.............................................       2060-0019
60.84-60.85.............................................       2060-0041
60.93...................................................       2060-0083
60.104-60.108...........................................       2060-0022
60.113a-60.115a.........................................       2060-0121
60.113b-60.116b.........................................       2060-0074
60.123..................................................       2060-0080
60.133..................................................       2060-0110
60.142-60.144...........................................       2060-0029
60.143a-60.145a.........................................       2060-0029
60.153-60.155...........................................       2060-0035
60.192(b)...............................................       2060-0031
60.194-60.195...........................................       2060-0031
60.203-60.204...........................................       2060-0037
60.213-60.214...........................................       2060-0037
60.223-60.224...........................................       2060-0037
60.233-60.234...........................................       2060-0037
60.243-60.244...........................................       2060-0037
60.253-60.254...........................................       2060-0122
60.273-60.276...........................................       2060-0038
60.273a-60.276a.........................................       2060-0038
60.284-60.286...........................................       2060-0021
60.292-60.293...........................................       2060-0054
60.296..................................................       2060-0054
60.303..................................................       2060-0082
60.310..................................................       2060-0106
60.313-60.316...........................................       2060-0106
60.334-60.335...........................................       2060-0028
60.343-60.344...........................................       2060-0063
60.373-60.374...........................................       2060-0081
60.384-60.386...........................................       2060-0016
60.393-60.396...........................................       2060-0034
60.398..................................................       2060-0034
60.403-60.404...........................................       2060-0111
60.433-60.435...........................................       2060-0105
60.443-60.447...........................................       2060-0004
60.453-60.456...........................................       2060-0108
60.463-60.466...........................................       2060-0107
60.473-60.474...........................................       2060-0002
60.482-2................................................       2060-0012
60.482-3................................................       2060-0012
60.482-4................................................       2060-0012
60.482-7................................................       2060-0012
60.482-8................................................       2060-0012
60.482-10...............................................       2060-0012
60.483-1................................................       2060-0012
60.483-2................................................       2060-0012
60.484-60.487...........................................       2060-0012
60.493-60.496...........................................       2060-0001
60.502-60.503...........................................       2060-0006
60.505..................................................       2060-0006
60.530-60.536...........................................       2060-0161
60.537 (a)(1)-(2), (a)(4)-(5), (b)-(i)..................       2060-0161
60.538-60.539...........................................       2060-0161
60.543 (b)(2)-(4), (c)-(n)..............................       2060-0156
60.544..................................................       2060-0156
60.545 (a)-(d), (f).....................................       2060-0156
60.546 (a)-(e), (f)(4)-(6), (g)-(j).....................       2060-0156
60.547..................................................       2060-0156
60.562-1................................................       2060-0145
60.562-2................................................       2060-0145
60.563-60.565...........................................       2060-0145
60.580..................................................       2060-0073
60.583-60.585...........................................       2060-0073
60.592-60.593...........................................       2060-0067
60.603-60.604...........................................       2060-0059
60.613-60.615...........................................       2060-0197
60.622..................................................       2060-0079
60.624-60.625...........................................       2060-0079
60.632-60.636...........................................       2060-0120
60.640..................................................       2060-0120
60.642-60.644...........................................       2060-0120
60.646-60.647...........................................       2060-0120
60.663-60.665...........................................       2060-0197
60.670..................................................       2060-0050

[[Page 1077]]

                                                                        
60.672..................................................       2060-0050
60.674-60.676...........................................       2060-0050
60.683-60.685...........................................       2060-0114
60.692-1................................................       2060-0172
60.692-2................................................       2060-0172
60.692-3................................................       2060-0172
60.692-4................................................       2060-0172
60.692-5................................................       2060-0172
60.693-1................................................       2060-0172
60.693-2................................................       2060-0172
60.695-60.698...........................................       2060-0172
60.703-60.705...........................................       2060-0269
60.710..................................................       2060-0171
60.713-60.717...........................................       2060-0171
60.722-60.725...........................................       2060-0162
60.734-60.736...........................................       2060-0251
60.740..................................................       2060-0181
60.743-60.747...........................................       2060-0181
                                                                        
------------------------------------------------------------------------
      National Emission Standards for Hazardous Air Pollutants \2\      
                                                                        
------------------------------------------------------------------------
                                                                        
61.24-61.25.............................................       2060-0191
61.32-61.34.............................................       2060-0092
61.53-61.55.............................................       2060-0097
61.65(b)-(d)............................................       2060-0071
61.67-61.71.............................................       2060-0071
61.93-61.95.............................................       2060-0191
61.103-61.105...........................................       2060-0191
61.107..................................................       2060-0191
61.123-61.124...........................................       2060-0191
61.126..................................................       2060-0191
61.132-61.133...........................................       2060-0185
61.135-61.139...........................................       2060-0185
61.142..................................................       2060-0101
61.144-61.147...........................................       2060-0101
61.149..................................................       2060-0101
61.150-61.155...........................................       2060-0101
61.163-61.165...........................................       2060-0043
61.203..................................................       2060-0191
61.206-61.209...........................................       2060-0191
61.223-61.224...........................................       2060-0191
61.242-1................................................       2060-0068
61.242-2................................................       2060-0068
61.242-3................................................       2060-0068
61.242-4................................................       2060-0068
61.242-7................................................       2060-0068
61.242-8................................................       2060-0068
61.242-10...............................................       2060-0068
61.242-11...............................................       2060-0068
61.243-1................................................       2060-0068
61.243-2................................................       2060-0068
61.244-61.247...........................................       2060-0068
61.253-61.255...........................................       2060-0191
61.271-61.276...........................................       2060-0185
61.300..................................................       2060-0182
61.302-61.305...........................................       2060-0182
61.342..................................................       2060-0183
61.344-61.349...........................................       2060-0183
61.354-61.357...........................................       2060-0183
                                                                        
------------------------------------------------------------------------
   National Emission Standards for Hazardous Air Pollutants for Source  
                             Categories \3\                             
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
63.52-63.56.............................................       2060-0266
63.72...................................................       2060-0222
63.74-63.79.............................................       2060-0222
63.91-63.96.............................................       2060-0264
63.103..................................................       2060-0282
63.105..................................................       2060-0282
63.117-63.118...........................................       2060-0282
63.122-63.123...........................................       2060-0282
63.129-63.130...........................................       2060-0282
63.146-63.148...........................................       2060-0282
63.151-63.152...........................................       2060-0282
63.181-63.182...........................................       2060-0282
63.302-63.311...........................................       2060-0253
63.322-63.325...........................................       2060-0234
63.345-63.347...........................................       2060-0327
63.363-63.367...........................................       2060-0283
63.403-63.406...........................................       2060-0268
63.420..................................................       2060-0325
63.422-63.428...........................................       2060-0325
63.467-63.468...........................................       2060-0273
63.525-63.528...........................................       2060-0290
63.548-63.550...........................................       2060-0296
63.563-63.567...........................................       2060-0289
63.653..................................................       2060-0340
63.654..................................................       2060-0340
63.703-63.707...........................................       2060-0326
63.752-63.753...........................................       2060-0341
63.806-63.807...........................................       2060-0324
63.829-63.830...........................................       2060-0335
                                                                        
------------------------------------------------------------------------
                 Chemical Accident Prevention Provisions                
                                                                        
------------------------------------------------------------------------
68.120 (a), (e), and (g)................................       2050-0127
                                                                        
------------------------------------------------------------------------
                     State Operating Permit Programs                    
                                                                        
------------------------------------------------------------------------
70.3-70.11..............................................       2060-0243
                                                                        
------------------------------------------------------------------------
                    Federal Operating Permit Programs                   
                                                                        
------------------------------------------------------------------------
71.5....................................................       2060-0336
71.6(a),(c),(d),(g).....................................       2060-0336
71.7....................................................       2060-0336
71.9(e)-(j).............................................       2060-0336
71.24-71.26.............................................       2060-0276
                                                                        
------------------------------------------------------------------------
                           Permits Regulation                           
                                                                        
------------------------------------------------------------------------
72.7-72.10..............................................       2060-0258
72.20-72.25.............................................       2060-0258
72.30-72.33.............................................       2060-0258
72.40-72.44.............................................       2060-0258
72.50-72.51.............................................       2060-0258
72.60-72.69.............................................       2060-0258
72.70-72.74.............................................       2060-0258
72.80-72.85.............................................       2060-0258
72.90-72.96.............................................       2060-0258
                                                                        
------------------------------------------------------------------------
                            Allowance System                            
                                                                        
------------------------------------------------------------------------
73.10-73.13.............................................       2060-0261
73.16...................................................       2060-0261
73.18-73.21.............................................       2060-0261
73.30-73.38.............................................       2060-0258
73.50-73.53.............................................       2060-0258
73.70-73.77.............................................       2060-0221
73.80-73.86.............................................       2060-0258
73.90...................................................       2060-0258
                                                                        
------------------------------------------------------------------------
                         Sulfur Dioxide Opt-ins                         
                                                                        
------------------------------------------------------------------------
74.12...................................................       2060-0258
74.14...................................................       2060-0258
74.16...................................................       2060-0258
74.18...................................................       2060-0258

[[Page 1078]]

                                                                        
74.20...................................................       2060-0258
74.22...................................................       2060-0258
74.24-74.25.............................................       2060-0258
74.41...................................................       2060-0258
74.43-74.44.............................................       2060-0258
74.46-74.47.............................................       2060-0258
74.60-74.64.............................................       2060-0258
                                                                        
------------------------------------------------------------------------
                     Continuous Emission Monitoring                     
                                                                        
------------------------------------------------------------------------
75.4-75.5...............................................       2060-0258
75.10-75.18.............................................       2060-0258
75.20-75.24.............................................       2060-0258
75.30-75.34.............................................       2060-0258
75.40-75.48.............................................       2060-0258
75.50-75.52.............................................       2060-0258
75.53-75.56.............................................       2060-0258
75.60-75.67.............................................       2060-0258
                                                                        
------------------------------------------------------------------------
               Nitrogen Oxides Emission Reduction Program               
                                                                        
------------------------------------------------------------------------
76.8-76.15..............................................       2060-0258
                                                                        
------------------------------------------------------------------------
                            Excess Emissions                            
                                                                        
------------------------------------------------------------------------
77.3-77.6...............................................       2060-0258
                                                                        
------------------------------------------------------------------------
                 Appeal Procedures for Acid Rain Program                
                                                                        
------------------------------------------------------------------------
78.1-78.20..............................................       2060-0258
                                                                        
------------------------------------------------------------------------
                Registration of Fuels and Fuel Additives                
                                                                        
------------------------------------------------------------------------
79.10-79.11.............................................       2060-0150
79.20-79.21.............................................       2060-0150
79.31-79.33.............................................       2060-0150
79.51(a), (c), (d), (g), (h)............................       2060-0150
79.52...................................................       2060-0150
79.57(a)(5).............................................       2060-0150
79.57(f)(5).............................................       2060-0150
79.58(e)................................................       2060-0150
79.59(b)-(d)............................................       2060-0150
79.60...................................................       2060-0150
79.61(e)................................................       2060-0150
79.62-79.68.............................................       2060-0297
                                                                        
------------------------------------------------------------------------
                 Regulation of Fuels and Fuel Additives                 
                                                                        
------------------------------------------------------------------------
80.20...................................................       2060-0066
80.25...................................................       2060-0066
80.27...................................................       2060-0178
80.29(c)................................................       2060-0308
80.141(c)-(f)...........................................       2060-0275
80.157..................................................       2060-0275
80.158..................................................       2060-0275
80.160..................................................       2060-0275
                                                                        
------------------------------------------------------------------------
                   Protection of Stratospheric Ozone                    
                                                                        
------------------------------------------------------------------------
82.9-82.13..............................................       2060-0170
82.21...................................................       2060-0170
82.36...................................................       2060-0247
82.38...................................................       2060-0247
82.40...................................................       2060-0247
82.42...................................................       2060-0247
82.122..................................................       2060-0259
82.156..................................................       2060-0256
82.160-82.162...........................................       2060-0256
82.164..................................................       2060-0256
82.166..................................................       2060-0256
82.176(a)...............................................       2060-0226
82.176(c)(3)............................................       2060-0226
82.178..................................................       2060-0226
82.180(a)(5)............................................       2060-0226
82.180(b)(3)............................................       2060-0226
82.184(c)...............................................       2060-0226
82.184(e)...............................................       2060-0226
                                                                        
------------------------------------------------------------------------
 Control of Air Pollution From Motor Vehicles and Motor Vehicle Engines 
                                                                        
------------------------------------------------------------------------
85.503..................................................       2060-0104
85.505..................................................       2060-0104
85.1503-85.1507.........................................       2060-0095
85.1509-85.1510.........................................       2060-0095
85.1511(b)-(d), (f).....................................       2060-0095
85.1511(b)(3)...........................................       2060-0007
85.1512.................................................       2060-0095
85.1514-85.1515.........................................       2060-0095
85.1703.................................................       2060-0124
85.1705-85.1706.........................................       2060-0007
85.1901-85.1909.........................................       2060-0048
85.2112-85.2123.........................................       2060-0065
85.2114.................................................       2060-0016
85.2115.................................................       2060-0016
                                                                        
------------------------------------------------------------------------
 Control of Air Pollution From New and In-Use Motor Vehicles and New and
     In-Use Motor Vehicle Engines: Certification and Test Procedures    
                                                                        
------------------------------------------------------------------------
86.079-31-86.079-33.....................................       2060-0104
86.079-36...............................................       2060-0104
86.079-39...............................................       2060-0104
86.080-12...............................................       2060-0104
86.082-34...............................................       2060-0104
86.085-13...............................................       2060-0104
86.085-37...............................................       2060-0104
86.087-38...............................................       2060-0104
86.090-14...............................................       2060-0104
86.090-21...............................................       2060-0104
86.090-25...............................................       2060-0104
86.090-26...............................................       2060-0104
86.090-27...............................................       2060-0104
86.091-7................................................       2060-0104
86.091-15...............................................       2060-0104
86.091-21...............................................       2060-0104
86.091-23...............................................       2060-0104
86.091-28...............................................       2060-0104
86.091-30...............................................       2060-0104
86.092-14...............................................       2060-0104
86.092-15...............................................       2060-0104
86.092-23...............................................       2060-0104
86.092-24...............................................       2060-0104
86.092-26...............................................       2060-0104
86.092-35...............................................       2060-0104
86.094-7-86.094-9.......................................       2060-0104
86.094-15-86.094-16.....................................       2060-0104
86.094-17...............................................       2060-0104
86.094-18...............................................       2060-0104
86.094-21...............................................       2060-0104
86.094-23...............................................       2060-0104
86.094-24(a)(3)(iii)....................................       2060-0314
86.094-25...............................................       2060-0104
86.094-30...............................................       2060-0104
86.094-35...............................................       2060-0104
86.094-38...............................................       2060-0104
86.095-14...............................................       2060-0104
86.095-23...............................................       2060-0104
86.095-24...............................................       2060-0104
86.095-26...............................................       2060-0104

[[Page 1079]]

                                                                        
86.095-30...............................................       2060-0104
86.095-35...............................................       2060-0104
86.096-7................................................       2060-0104
86.096-8................................................       2060-0104
86.096-9................................................       2060-0104
86.096-10...............................................       2060-0104
86.096-14...............................................       2060-0104
86.096-21...............................................       2060-0104
86.096-23...............................................       2060-0104
86.096-24...............................................       2060-0104
86.096-26...............................................       2060-0104
86.096-30...............................................       2060-0104
86.096-35...............................................       2060-0104
86.097-9................................................       2060-0104
86.098-23...............................................       2060-0104
86.098-28...............................................       2060-0104
86.099-8................................................       2060-0104
86.099-9................................................       2060-0104
86.099-10...............................................       2060-0104
86.111-94...............................................       2060-0104
86.113-82...............................................       2060-0104
86.113-87...............................................       2060-0104
86.113-90...............................................       2060-0104
86.113-91...............................................       2060-0104
86.113-94...............................................       2060-0104
86.135-82...............................................       2060-0104
86.135-90...............................................       2060-0104
86.135-94...............................................       2060-0104
86.142-90...............................................       2060-0104
86.144-90...............................................       2060-0104
86.144-94...............................................       2060-0104
86.150-98...............................................       2060-0104
86.336-79...............................................       2060-0104
86.337-79...............................................       2060-0104
86.412-78...............................................       2060-0104
86.414-78...............................................       2060-0104
86.415-78...............................................       2060-0104
86.416-80...............................................       2060-0104
86.421-78...............................................       2060-0104
86.423-78...............................................       2060-0104
86.427-78...............................................       2060-0104
86.428-80...............................................       2060-0104
86.429-78...............................................       2060-0104
86.431-78...............................................       2060-0104
86.432-78...............................................       2060-0104
86.434-78...............................................       2060-0104
86.435-78...............................................       2060-0104
86.436-78...............................................       2060-0104
86.437-78...............................................       2060-0104
86.438-78...............................................       2060-0104
86.439-78...............................................       2060-0104
86.440-78...............................................       2060-0104
86.513-94...............................................       2060-0104
86.537-90...............................................       2060-0104
86.542-90...............................................       2060-0104
86.603-88...............................................       2060-0064
86.604-84...............................................       2060-0064
86.605-88...............................................       2060-0064
86.606-84...............................................       2060-0064
86.607-84...............................................       2060-0064
86.608-88...............................................       2060-0064
86.608-90...............................................       2060-0064
86.608-96...............................................       2060-0104
86.609-84...............................................       2060-0064
86.609-96...............................................       2060-0104
86.612-84...............................................       2060-0064
86.614-84...............................................       2060-0064
86.615-84...............................................       2060-0064
86.709-94...............................................       2060-0104
86.709-99...............................................       2060-0104
86.884-5................................................       2060-0104
86.884-7................................................       2060-0104
86.884-9................................................       2060-0104
86.884-10...............................................       2060-0104
86.884-12...............................................       2060-0104
86.884-13...............................................       2060-0104
86.1003-88..............................................       2060-0064
86.1003-90..............................................       2060-0064
86.1004-84..............................................       2060-0064
86.1005-88..............................................       2060-0064
68.1005-90..............................................       2060-0064
86.1006-84..............................................       2060-0064
86.1007-84..............................................       2060-0064
86.1008-88..............................................       2060-0064
86.1008-90..............................................       2060-0064
86.1008-96..............................................       2060-0104
86.1009-84..............................................       2060-0064
86.1009-96..............................................       2060-0104
86.1012-84..............................................       2060-0064
86.1014-84..............................................       2060-0064
86.1015-87..............................................       2060-0064
86.1106-87..............................................       2060-0132
86.1108-87..............................................       2060-0132
86.1110-87..............................................       2060-0132
86.1111-87..............................................       2060-0104
86.1112-87-86.1115-87...................................       2060-0132
86.1213-85..............................................       2060-0104
86.1213-87..............................................       2060-0104
86.1242-85..............................................       2060-0104
86.1242-90..............................................       2060-0104
86.1308-84..............................................       2060-0104
86.1310-90..............................................       2060-0104
86.1311-94..............................................       2060-0104
86.1313-84..............................................       2060-0104
86.1313-87..............................................       2060-0104
86.1313-90..............................................       2060-0104
86.1313-91..............................................       2060-0104
86.1313-94..............................................       2060-0104
86.1314-84..............................................       2060-0104
86.1316-84..............................................       2060-0104
86.1316-90..............................................       2060-0104
86.1319-84..............................................       2060-0104
86.1319-90..............................................       2060-0104
86.1321-84..............................................       2060-0104
86.1321-90..............................................       2060-0104
86.1323-84..............................................       2060-0104
86.1327-84..............................................       2060-0104
86.1327-88..............................................       2060-0104
86.1327-90..............................................       2060-0104
86.1332-84..............................................       2060-0104
86.1332-90..............................................       2060-0104
86.1334-84..............................................       2060-0104
86.1335-90..............................................       2060-0104
86.1336-84..............................................       2060-0104
86.1340-84..............................................       2060-0104
86.1340-90..............................................       2060-0104
86.1341-90..............................................       2060-0104
86.1342-90..............................................       2060-0104
86.1344-94..............................................       2060-0104
86.1413.................................................       2060-0104
86.1427.................................................       2060-0104
86.1432.................................................       2060-0104
86.1434.................................................       2060-0104
86.1437.................................................       2060-0104
86.1442.................................................       2060-0104
86.1542-84..............................................       2060-0104
86.1544-84..............................................       2060-0104
86.2500.................................................       2060-0104
                                                                        
------------------------------------------------------------------------
                           Clean-Fuel Vehicles                          
                                                                        
------------------------------------------------------------------------
88.104-94 (a), (c), (e), (f), (g), (h), (i), (j), (k)...       2060-0104
88.105-94...............................................       2060-0104
88.204-94(b)(1).........................................       2060-0314
88.204-94(c)............................................       2060-0314

[[Page 1080]]

                                                                        
88.305-94...............................................       2060-0104
88.306-94(a), (b) introductory text.....................       2060-0104
88.306-94(b)(1).........................................       2060-0314
88.306-94(b)(2).........................................       2060-0314
88.306-94(b)(4).........................................       2060-0314
88.306-94(c)............................................       2060-0314
88.306-94(f)............................................       2060-0314
                                                                        
------------------------------------------------------------------------
        Control of Emissions From New and In-Use Nonroad Engines        
                                                                        
------------------------------------------------------------------------
89.1....................................................       2060-0124
89.2....................................................       2060-0124
89.114-96-89.120-96.....................................       2060-0287
89.122-96-89.127-96.....................................       2060-0287
89.129-96...............................................       2060-0287
89.203-96-89.207-96.....................................       2060-0287
89.209-96-89.211-96.....................................       2060-0287
89.304-96-89.331-96.....................................       2060-0287
89.404-96-89.424-96.....................................       2060-0287
89.505-89.905...........................................       2060-0064
89.511..................................................       2060-0064
89.512..................................................       2060-0064
89.603-89.605...........................................       2060-0095
89.607-89.610...........................................       2060-0095
89.611..................................................      2060-0007,
                                                               2060-0095
89.612..................................................       2060-0095
89.801..................................................       2060-0048
89.803..................................................       2060-0048
89.903..................................................       2060-0048
89.905..................................................       2060-0007
89.906..................................................       2060-0007
                                                                        
------------------------------------------------------------------------
        Control of Emissions From New and In-use Nonroad Engines        
90.107-90.108...........................................       2060-0338
90.113..................................................       2060-0338
90.115-90.124...........................................       2060-0338
90.126..................................................       2060-0338
90.304-90.329...........................................       2060-0338
90.404-90.427...........................................       2060-0338
90.505-90.509...........................................       2060-0295
90.511-90.512...........................................       2060-0295
90.604..................................................       2060-0294
90.611-90.613...........................................       2060-0294
90.800..................................................       2060-0048
90.802-90.804...........................................       2060-0048
90.806..................................................       2060-0048
90.903..................................................       2060-0124
90.905-90.906...........................................       2060-0007
                                                                        
------------------------------------------------------------------------
      Determining Conformity of Federal Actions to State or Federal     
                          Implementation Plans                          
                                                                        
------------------------------------------------------------------------
93.150-93.160...........................................       2060-0279
                                                                        
------------------------------------------------------------------------
                        Mandatory Patent Licenses                       
                                                                        
------------------------------------------------------------------------
95.2....................................................       2060-0307
                                                                        
------------------------------------------------------------------------
                        Oil Pollution Prevention                        
                                                                        
------------------------------------------------------------------------
112.1-112.7.............................................       2050-0021
                                                                        
------------------------------------------------------------------------
 Oil Pollution Prevention; Non-Transportation-Related Onshore Facilities
                                                                        
------------------------------------------------------------------------
112.20..................................................       2050-0135
                                                                        
------------------------------------------------------------------------
   Designation, Reportable Quantities, and Notification for Hazardous   
                               Substances                               
                                                                        
------------------------------------------------------------------------
116.4...................................................       2050-0046
117.3...................................................       2050-0046
117.21..................................................       2050-0046
                                                                        
------------------------------------------------------------------------
   EPA Administered Permit Programs: The National Pollutant Discharge   
                           Elimination System                           
                                                                        
------------------------------------------------------------------------
122.21(f)-(l)...........................................      2040-0086,
                                                               2040-0170
122.21(j)(4)............................................       2040-0150
122.21(m)-(p)...........................................      2040-0068,
                                                               2040-0170
122.26(c), (d)..........................................       2040-0086
122.41(h)...............................................      2040-0068,
                                                               2040-0170
122.41(j)...............................................      2040-0009,
                                                              2040-0110,
                                                               2040-0170
122.41(l)...............................................      2040-0110,
                                                              2040-0068,
                                                               2040-0170
122.42(c)...............................................       2040-0086
122.42(a), (b), (l).....................................      2040-0068,
                                                               2040-0170
122.44(g), (i)..........................................      2040-0004,
                                                               2040-0170
122.44(r)...............................................       2040-0180
122.45(b)...............................................      2040-0004,
                                                               2040-0110
122.45(b)(4)............................................       2040-0068
122.47(a)...............................................      2040-0110,
                                                               2040-0170
122.47(b)...............................................      2040-0110,
                                                              2040-0068,
                                                               2040-0170
122.48..................................................      2040-0004,
                                                               2040-0170
122.62(a)...............................................      2040-0068,
                                                               2040-0170
122.63..................................................      2040-0068,
                                                               2040-0170
                                                                        
------------------------------------------------------------------------
                        State Permit Requirements                       
                                                                        
------------------------------------------------------------------------
123.21-123.24...........................................      2040-0057,
                                                               2040-0170
123.25..................................................      2040-0004,
                                                              2040-0110,
                                                              2040-0170,
                                                               2040-0180
123.26-123.29...........................................      2040-0057,
                                                               2040-0170
123.43..................................................      2040-0057,
                                                               2040-0170
123.44..................................................      2040-0057,
                                                              2040-0170,
                                                               2040-0180
123.45..................................................      2040-0057,
                                                               2040-0170
123.62..................................................      2040-0057,
                                                              2040-0170,
                                                               2040-0180

[[Page 1081]]

                                                                        
123.63..................................................      2040-0057,
                                                              2040-0170,
                                                               2040-0180
123.64..................................................      2040-0057,
                                                               2040-0170
                                                                        
------------------------------------------------------------------------
                      Procedures for Decisionmaking                     
                                                                        
------------------------------------------------------------------------
124.5...................................................       2040-0068
124.31..................................................       2050-0149
124.32..................................................       2050-0149
124.33..................................................       2050-0149
124.53-124.54...........................................       2040-0057
                                                                        
------------------------------------------------------------------------
 Criteria and Standards for the National Pollutant Discharge Elimination
                                 System                                 
                                                                        
------------------------------------------------------------------------
125.59-125.67, and Appendix A and B.....................       2040-0088
                                                                        
------------------------------------------------------------------------
                  Water Quality Planning and Management                 
                                                                        
------------------------------------------------------------------------
130.6-130.10............................................       2040-0071
130.15..................................................       2040-0071
                                                                        
------------------------------------------------------------------------
                   Water Quality Standards Regulation                   
                                                                        
------------------------------------------------------------------------
131.1...................................................       2040-0180
131.5...................................................       2040-0180
131.6-131.8.............................................       2040-0049
131.20..................................................       2040-0049
131.21..................................................      2040-0049,
                                                               2040-0180
131.22..................................................       2040-0049
131.31-131.36...........................................       2040-0049
                                                                        
------------------------------------------------------------------------
            Water Quality Guidance for the Great Lakes System           
                                                                        
------------------------------------------------------------------------
132.1...................................................       2040-0180
132.2...................................................       2040-0180
132.3...................................................       2040-0180
132.4...................................................       2040-0180
132.5...................................................       2040-0180
Part 132, Appendix A....................................       2040-0180
Part 132, Appendix B....................................       2040-0180
Part 132, Appendix C....................................       2040-0180
Part 132, Appendix D....................................       2040-0180
Part 132, Appendix E....................................       2040-0180
Part 132, Appendix F....................................       2040-0180
                                                                        
------------------------------------------------------------------------
              National Primary Drinking Water Regulations               
                                                                        
------------------------------------------------------------------------
141.2...................................................       2040-0090
141.4...................................................       2040-0090
141.11-141.15...........................................       2040-0090
141.21-141.22...........................................       2040-0090
141.23-141.24...........................................       2040-0090
141.25-141.30...........................................       2040-0090
141.31-141.32...........................................       2040-0090
141.33-141.35...........................................       2040-0090
141.40..................................................       2040-0090
141.41-141.43...........................................       2040-0090
141.50-141.52...........................................       2040-0090
141.60-141.63...........................................       2040-0090
141.70-141.75...........................................       2040-0090
141.80-141.91...........................................       2040-0090
141.100.................................................       2040-0090
141.110-141.111.........................................       2040-0090
                                                                        
------------------------------------------------------------------------
       National Primary Drinking Water Regulations Implementation       
                                                                        
------------------------------------------------------------------------
142.2-142.3.............................................       2040-0090
142.10-142.15...........................................       2040-0090
142.16..................................................       2060-0090
142.17-142.24...........................................       2040-0090
142.56-142.57...........................................       2040-0090
142.60-142.61...........................................       2040-0090
142.62..................................................       2040-0090
142.63-142.64...........................................       2040-0090
142.70-142.78...........................................       2040-0090
142.81-142.81...........................................       2040-0090
                                                                        
------------------------------------------------------------------------
                  Underground Injection Control Program                 
                                                                        
------------------------------------------------------------------------
144.8...................................................       2040-0042
144.12..................................................       2040-0042
144.14-144.15...........................................       2040-0042
144.23..................................................       2040-0042
144.25-144.28...........................................       2040-0042
144.31-144.33...........................................       2040-0042
144.38..................................................       2040-0042
144.41..................................................       2040-0042
144.51-144.55...........................................       2040-0042
144.62-144.66...........................................       2040-0042
144.70..................................................       2040-0042
                                                                        
------------------------------------------------------------------------
      Underground Injection Control Program: Criteria and Standards     
                                                                        
------------------------------------------------------------------------
146.10..................................................       2040-0042
146.12-146.15...........................................       2040-0042
146.22-146.25...........................................       2040-0042
146.32-146.35...........................................       2040-0042
146.52..................................................       2040-0042
146.64..................................................       2040-0042
146.66-146.73...........................................       2040-0042
                                                                        
------------------------------------------------------------------------
              State Underground Injection Control Programs              
                                                                        
------------------------------------------------------------------------
147.104.................................................       2040-0042
147.304-147.305.........................................       2040-0042
147.504.................................................       2040-0042
147.754.................................................       2040-0042
147.904.................................................       2040-0042
147.1154................................................       2040-0042
147.1354-147.1355.......................................       2040-0042
147.1454................................................       2040-0042
147.1654................................................       2040-0042
147.1954................................................       2040-0042
147.2103-147.2104.......................................       2040-0042
147.2154................................................       2040-0042
147.2402................................................       2040-0042
147.2905................................................       2040-0042
147.2912-147.2913.......................................       2040-0042
147.2915................................................       2040-0042
147.2918................................................       2040-0042
147.2920-147.2926.......................................       2040-0042
147.2929................................................       2040-0042
147.3002-147.3003.......................................       2040-0042
147.3006-147.3007.......................................       2040-0042
147.3011................................................       2040-0042
147.3014-147.3016.......................................       2040-0042
147.3101................................................       2040-0042
147.3104-147.3105.......................................       2040-0042
147.3107-147.3109.......................................       2040-0042
                                                                        
------------------------------------------------------------------------

[[Page 1082]]

                                                                        
                 Hazardous Waste Injection Restrictions                 
                                                                        
------------------------------------------------------------------------
148.5...................................................       2040-0042
148.20-148.23...........................................       2040-0042
                                                                        
------------------------------------------------------------------------
          Pesticide Registration and Classification Procedures          
                                                                        
------------------------------------------------------------------------
152.46..................................................       2070-0060
152.50..................................................      2070-0024,
                                                             2070-0040 &
                                                               2070-0060
152.80..................................................     2070-0040 &
                                                               2070-0060
152.85..................................................     2070-0040 &
                                                               2070-0060
152.98..................................................       2070-0060
152.122.................................................       2070-0060
152.132.................................................       2070-0044
152.135.................................................       2070-0060
152.164.................................................       2070-0060
152.404.................................................     2070-0040 &
                                                               2070-0060
152.406.................................................     2070-0040 &
                                                               2070-0060
152.412.................................................     2070-0040 &
                                                               2070-0060
152.414.................................................     2070-0040 &
                                                               2070-0060
                                                                        
------------------------------------------------------------------------
                         Registration Standards                         
                                                                        
------------------------------------------------------------------------
155.30..................................................       2070-0057
                                                                        
------------------------------------------------------------------------
            Labeling Requirements for Pesticides and Devices            
                                                                        
------------------------------------------------------------------------
156.36..................................................       2070-0052
156.206.................................................       2070-0060
156.208.................................................       2070-0060
156.210.................................................       2070-0060
156.212.................................................       2070-0060
                                                                        
------------------------------------------------------------------------
            Packaging Requirements for Pesticides and Devices           
                                                                        
------------------------------------------------------------------------
157.22..................................................       2070-0052
157.24..................................................       2070-0052
157.34..................................................       2070-0052
157.36..................................................       2070-0052
                                                                        
------------------------------------------------------------------------
                   Data Requirements for Registration                   
                                                                        
------------------------------------------------------------------------
158.30..................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.32..................................................      2070-0040,
                                                              2070-0053,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.34..................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.45..................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.75..................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.101.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.155.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.160.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.162.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.165.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.167.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.170.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.175.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.180.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.190.................................................      2070-0040,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.240.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.290.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.340.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.390.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.440.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.490.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.540.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.590.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.640.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
158.690.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107

[[Page 1083]]

                                                                        
158.740.................................................      2070-0057,
                                                             2070-0060 &
                                                               2070-0107
                                                                        
------------------------------------------------------------------------
                   Good Laboratory Practice Standards                   
                                                                        
------------------------------------------------------------------------
part 160................................................      2070-0024,
                                                              2070-0032,
                                                              2070-0040,
                                                              2070-0055,
                                                              2070-0057,
                                                             2070-0060 &
                                                               2070-0107
                                                                        
------------------------------------------------------------------------
                State Registration of Pesticide Products                
                                                                        
------------------------------------------------------------------------
162.153.................................................       2070-0055
                                                                        
------------------------------------------------------------------------
           Certification of Usefulness of Pesticide Chemicals           
                                                                        
------------------------------------------------------------------------
163.4...................................................     2070-0060 &
                                                               2070-0024
163.5...................................................     2070-0060 &
                                                               2070-0024
                                                                        
------------------------------------------------------------------------
   Exemption of Federal and State Agencies for Use of Pesticides Under  
                          Emergency Conditions                          
                                                                        
------------------------------------------------------------------------
166.20..................................................       2070-0032
166.32..................................................       2070-0032
166.43..................................................       2070-0032
166.50..................................................       2070-0032
                                                                        
------------------------------------------------------------------------
        Registration of Pesticide and Active Ingredient Producing       
             Establishments, Submission of Pesticide Reports            
                                                                        
------------------------------------------------------------------------
part 167................................................       2070-0078
                                                                        
------------------------------------------------------------------------
         Statements of Enforcement Policies and Interpretations         
                                                                        
------------------------------------------------------------------------
168.65..................................................       2070-0027
168.75..................................................       2070-0027
168.85..................................................      2070-0027,
                                                            2070-0028, &
                                                               2070-0078
                                                                        
------------------------------------------------------------------------
       Books and Records of Pesticide Production and Distribution       
                                                                        
------------------------------------------------------------------------
169.2...................................................       2070-0028
                                                                        
------------------------------------------------------------------------
         Worker Protection Standards for Agricultural Pesticides        
                                                                        
------------------------------------------------------------------------
170.112.................................................       2070-0060
part 170................................................       2070-0148
                                                                        
------------------------------------------------------------------------
                 Certification of Pesticide Applicators                 
                                                                        
------------------------------------------------------------------------
171.7...................................................       2070-0029
171.8...................................................       2070-0029
171.9...................................................       2070-0029
171.10..................................................       2070-0029
171.11..................................................       2070-0029
                                                                        
------------------------------------------------------------------------
                        Experimental Use Permits                        
                                                                        
------------------------------------------------------------------------
172.4...................................................       2070-0040
172.8...................................................       2070-0040
                                                                        
------------------------------------------------------------------------
                  Issuance of Food Additive Regulations                 
                                                                        
------------------------------------------------------------------------
177.81..................................................       2070-0024
177.92..................................................       2070-0024
177.98..................................................       2070-0024
177.99..................................................       2070-0024
177.102.................................................       2070-0024
177.105.................................................       2070-0024
177.110.................................................       2070-0024
177.116.................................................       2070-0024
                                                                        
------------------------------------------------------------------------
 Tolerances and Exemptions from Tolerances for Pesticide Chemicals in or
                     on Raw Agricultural Commodities                    
                                                                        
------------------------------------------------------------------------
180.7...................................................       2070-0024
180.8...................................................       2070-0024
180.9...................................................       2070-0024
180.31..................................................       2070-0024
180.32..................................................       2070-0024
180.33..................................................       2070-0024
                                                                        
------------------------------------------------------------------------
                      404 State Program Regulations                     
                                                                        
------------------------------------------------------------------------
233.10-233.12...........................................       2040-0168
233.21..................................................       2040-0168
233.30..................................................       2040-0168
233.50..................................................       2040-0168
233.52..................................................       2040-0168
233.61..................................................       2040-0140
                                                                        
------------------------------------------------------------------------
              Criteria for Municipal Solid Waste Landfills              
                                                                        
------------------------------------------------------------------------
258.10-258.16...........................................       2050-0122
258.20..................................................       2050-0122
258.23..................................................       2050-0122
258.28-258.29...........................................       2050-0122
258.51..................................................       2050-0122
258.53-258.55...........................................       2050-0122
258.57-258.58...........................................       2050-0122
258.60-258.61...........................................       2050-0122
258.71-258.74...........................................       2050-0122
                                                                        
------------------------------------------------------------------------
               Hazardous Waste Management System: General               
                                                                        
------------------------------------------------------------------------
260.20-260.22...........................................       2050-0053
260.23..................................................       2050-0145
260.31-260.33...........................................       2050-0053
                                                                        
------------------------------------------------------------------------
              Identification and Listing of Hazardous Waste             
                                                                        
------------------------------------------------------------------------
261.3...................................................       2050-0085
261.4...................................................       2050-0053
261.35..................................................       2050-0115
                                                                        
------------------------------------------------------------------------
          Standards Applicable to Generators of Hazardous Waste         
                                                                        
------------------------------------------------------------------------
262.12..................................................       2050-0028
262.20..................................................       2050-0039
262.22-262.23...........................................       2050-0039
262.34..................................................      2050-0035,
                                                               2050-0085

[[Page 1084]]

                                                                        
262.40(a)...............................................       2050-0039
262.40(b)...............................................       2050-0024
262.40(c)...............................................       2050-0035
262.41..................................................       2050-0024
262.42..................................................       2050-0039
262.43..................................................       2050-0035
262.44(a)-(b)...........................................       2050-0039
262.44(c)...............................................       2050-0035
262.53-262.57...........................................       2050-0035
262.60..................................................       2050-0035
                                                                        
------------------------------------------------------------------------
         Standards Applicable to Transporters of Hazardous Waste        
                                                                        
------------------------------------------------------------------------
263.11..................................................       2050-0028
263.20-263.22...........................................       2050-0039
263.30..................................................       2050-0039
                                                                        
------------------------------------------------------------------------
    Standards for Owners and Operators of Hazardous Waste Treatment,    
                    Storage, and Disposal Facilities                    
                                                                        
------------------------------------------------------------------------
264.11..................................................       2050-0028
264.12 (a)..............................................       2050-0120
264.13..................................................     2050-0120 &
                                                               2050-0009
264.14..................................................       2050-0009
264.15..................................................     2050-0120 &
                                                               2050-0009
264.16..................................................     2050-0120 &
                                                               2050-0009
264.17..................................................       2050-0120
264.18..................................................       2050-0009
264.19..................................................       2050-0009
264.32..................................................       2050-0009
264.35..................................................       2050-0009
264.37..................................................       2050-0120
264.51..................................................       2050-0009
264.52..................................................       2050-0009
264.53..................................................       2050-0120
264.54..................................................       2050-0120
264.56..................................................       2050-0120
264.71..................................................       2050-0039
264.72..................................................       2050-0039
264.73..................................................       2050-0120
264.74..................................................       2050-0120
264.75..................................................       2050-0024
264.76..................................................       2050-0039
264.90..................................................       2050-0009
264.96..................................................       2050-0120
264.97 (g)..............................................       2050-0120
264.97 (h)..............................................       2050-0009
264.97 (j)..............................................       2050-0120
264.98 (c), (g)(1), (g)(5), (g)(6)......................       2050-0033
264.98 (g)(4), (h)......................................       2050-0009
264.99 (c), (g), (h)(1), (i)(1), (i)(2).................       2050-0033
264.99 (h)(2), (i)(3), (j)..............................       2050-0009
264.100 (e), (f), (g)...................................       2050-0033
264.100 (h).............................................       2050-0009
264.101.................................................       2050-0120
264.112 (a), (b), (c)...................................       2050-0009
264.112 (d).............................................       2050-0120
264.113 (a), (b), (d)...................................       2050-0120
264.113 (e).............................................       2050-0050
264.115.................................................       2050-0120
264.116.................................................       2050-0120
264.118.................................................       2050-0009
264.119 (a) & (b).......................................       2050-0120
264.119 (c).............................................       2050-0009
264.120.................................................       2050-0120
264.142 (a).............................................       2050-0009
264.142 (b), (c), (d)...................................       2050-0120
264.143.................................................       2050-0120
264.144 (a).............................................       2050-0009
264.144 (b), (c), (d)...................................       2050-0120
264.145.................................................       2050-0120
264.147 (a)(7), (b)(7), (f),(g).........................       2050-0120
264.147 (a)(1), (b)(1), (c), (f), (g), (h), (i), (j)....       2050-0009
264.148.................................................       2050-0120
264.149.................................................       2050-0009
264.150.................................................       2050-0009
264.190.................................................       2050-0050
264.191.................................................       2050-0050
264.192 (a).............................................       2050-0009
264.192 (g).............................................       2050-0050
264.193 (c), (d), (e), (g), (h).........................       2050-0009
264.193 (i).............................................       2050-0050
264.196.................................................       2050-0050
264.197 (b).............................................       2050-0050
264.197 (c).............................................       2050-0009
264.221.................................................       2050-0009
264.222 (a).............................................       2050-0009
264.222 (b).............................................       2050-0050
264.223 (a).............................................       2050-0009
264.223 (b), (c)........................................       2050-0050
264.226 (c).............................................     2050-0050 &
                                                               2050-0009
264.226 (d).............................................       2050-0050
264.227.................................................       2050-0050
264.231.................................................       2050-0009
264.251.................................................       2050-0009
264.252 (a).............................................       2050-0009
264.252 (b).............................................       2050-0050
264.253 (a).............................................       2050-0009
264.253 (b), (c)........................................       2050-0050
264.254.................................................       2050-0050
264.259.................................................       2050-0009
264.271.................................................       2050-0009
264.272.................................................       2050-0009
264.276.................................................     2050-0050 &
                                                               2050-0009
264.278 (a)-(f), (h)....................................       2050-0050
264.278 (g).............................................     2050-0050 &
                                                               2050-0009
264.280.................................................       2050-0050
264.283.................................................       2050-0009
264.301.................................................       2050-0009
264.302 (a).............................................       2050-0009
264.302 (b).............................................       2050-0050
264.303 (a).............................................       2050-0009
264.303 (b).............................................       2050-0050
264.304 (a).............................................       2050-0009
264.304 (b), (c)........................................       2050-0050
264.314.................................................       2050-0050
264.317.................................................       2050-0009
264.340.................................................       2050-0009
264.343.................................................       2050-0050
264.344.................................................       2050-0009
264.347.................................................       2050-0050
264.552.................................................       2050-0009
264.570.................................................       2050-0050
264.571.................................................       2050-0050
264.573.................................................       2050-0050
264.574.................................................       2050-0050
264.575.................................................       2050-0009
264.603.................................................       2050-0050
264.1033 (a)............................................       2050-0009
264.1033 (j)............................................       2050-0050
264.1034................................................       2050-0050
264.1035................................................       2050-0050
264.1036................................................       2050-0050
264.1061................................................       2050-0050
264.1062................................................       2050-0050
264.1063................................................       2050-0050
264.1064................................................     2050-0050 &
                                                               2050-0009

[[Page 1085]]

                                                                        
264.1065................................................       2050-0050
264.1089................................................       2060-0318
264.1090................................................       2060-0318
264.1100................................................       2050-0050
264.1101................................................       2050-0050
                                                                        
------------------------------------------------------------------------
  Interim Status Standards for Owners and Operators of Hazardous Waste  
               Treatment, Storage, and Disposal Facilities              
                                                                        
------------------------------------------------------------------------
265.11..................................................       2050-0028
265.12 (a)..............................................       2050-0120
265.13..................................................       2050-0120
265.15..................................................       2050-0120
265.16..................................................       2050-0120
265.19..................................................       2050-0120
265.37..................................................       2050-0120
265.51..................................................       2050-0120
265.52..................................................       2050-0120
265.53..................................................       2050-0120
265.54..................................................       2050-0120
265.56..................................................       2050-0120
265.71..................................................       2050-0039
265.72..................................................       2050-0039
265.73..................................................       2050-0120
265.75..................................................       2050-0024
265.76..................................................       2050-0039
265.90..................................................       2050-0033
265.92..................................................       2050-0033
265.93..................................................       2050-0033
265.94..................................................       2050-0033
265.112.................................................       2050-0120
265.113 (a), (b), (d)...................................       2050-0120
265.113 (e).............................................       2050-0050
265.115.................................................       2050-0120
265.116.................................................       2050-0120
265.118.................................................       2050-0120
265.119.................................................       2050-0120
265.120.................................................       2050-0120
265.142.................................................       2050-0120
265.143.................................................       2050-0120
265.144.................................................       2050-0120
265.145.................................................       2050-0120
265.147.................................................       2050-0120
265.148.................................................       2050-0120
265.149.................................................       2050-0120
265.150.................................................       2050-0120
265.190.................................................     2050-0035 &
                                                               2050-0050
265.191.................................................     2050-0035 &
                                                               2050-0050
265.192.................................................     2050-0035 &
                                                               2050-0050
265.193.................................................     2050-0035 &
                                                               2050-0050
265.195.................................................       2050-0120
265.196.................................................     2050-0035 &
                                                               2050-0050
265.197 (b).............................................       2050-0050
265.197 (c).............................................       2050-0120
265.221.................................................       2050-0050
265.222.................................................       2050-0050
265.223.................................................       2050-0050
265.225.................................................       2050-0050
265.226.................................................       2050-0050
265.229.................................................       2050-0050
265.254.................................................       2050-0050
265.255.................................................       2050-0050
265.259.................................................       2050-0050
265.260.................................................       2050-0050
265.273.................................................       2050-0120
265.276.................................................       2050-0050
265.278.................................................       2050-0050
265.280.................................................       2050-0050
265.301.................................................       2050-0050
265.302.................................................       2050-0050
265.303.................................................       2050-0050
265.304.................................................       2050-0050
265.314.................................................       2050-0050
265.340.................................................       2050-0050
265.352.................................................       2050-0050
265.383.................................................       2050-0050
265.404.................................................       2050-0050
265.440.................................................       2050-0050
265.441.................................................       2050-0050
265.443.................................................       2050-0050
265.444.................................................       2050-0050
265.445.................................................       2050-0120
265.1033................................................       2050-0050
265.1034................................................       2050-0050
265.1035................................................       2050-0050
265.1061................................................       2050-0050
265.1062................................................       2050-0050
265.1063................................................       2050-0050
265.1064................................................       2050-0050
265.1090................................................       2060-0318
265.1100................................................       2050-0050
265.1101................................................       2050-0050
                                                                        
------------------------------------------------------------------------
 Standards for the Management of Specific Hazardous Wastes and Specific 
             Types of Hazardous Waste Management Facilities             
                                                                        
------------------------------------------------------------------------
266.70 (b)..............................................       2050-0028
266.70 (c)..............................................       2050-0050
266.80..................................................       2050-0028
266.100.................................................       2050-0073
266.102.................................................       2050-0073
266.103.................................................       2050-0073
266.104.................................................       2050-0073
266.106.................................................       2050-0073
266.107.................................................       2050-0073
266.108.................................................       2050-0073
266.109.................................................       2050-0073
266.111.................................................       2050-0073
266.112.................................................       2050-0073
Appendix IX.............................................       2050-0073
                                                                        
------------------------------------------------------------------------
                       Land Disposal Restrictions                       
                                                                        
------------------------------------------------------------------------
268.4-268.5.............................................       2050-0085
268.6...................................................       2050-0062
268.7...................................................       2050-0085
268.9...................................................       2050-0085
268.42..................................................       2050-0085
268.44..................................................       2050-0085
                                                                        
------------------------------------------------------------------------
  EPA Administered Permit Programs: The Hazardous Waste Permit Program  
                                                                        
------------------------------------------------------------------------
270.1...................................................     2050-0028 &
                                                             2050-0034 &
                                                               2050-0009
270.10..................................................       2050-0009
270.11..................................................       2050-0034
270.13..................................................       2050-0034
270.14..................................................       2050-0009
270.14 (b)(21)..........................................     2050-0062 &
                                                               2050-0085
270.15..................................................       2050-0009
270.16..................................................       2050-0009
270.17..................................................       2050-0009
270.18..................................................       2050-0009

[[Page 1086]]

                                                                        
270.19..................................................       2050-0009
270.20..................................................       2050-0009
270.21..................................................       2050-0009
270.22..................................................       2050-0073
270.23..................................................       2050-0009
270.24..................................................       2050-0009
270.25..................................................       2050-0009
270.26..................................................       2050-0115
270.30..................................................       2050-0120
270.33..................................................       2050-0009
270.40..................................................       2050-0009
270.41..................................................       2050-0009
270.42..................................................       2050-0009
270.51..................................................       2050-0009
270.62..................................................     2050-0009 &
                                                               2050-0149
270.63..................................................       2050-0009
270.65..................................................       2050-0009
270.66..................................................     2050-0073 &
                                                               2050-0149
270.72..................................................       2050-0034
270.73..................................................       2050-0009
                                                                        
------------------------------------------------------------------------
    Requirements for Authorization of State Hazardous Waste Programs    
                                                                        
------------------------------------------------------------------------
271.5-271.8.............................................       2050-0041
271.20-271.21...........................................       2050-0041
271.23..................................................       2050-0041
                                                                        
------------------------------------------------------------------------
                Standards for Universal Waste Management                
                                                                        
------------------------------------------------------------------------
273.14..................................................       2050-0145
273.15..................................................       2050-0145
273.18..................................................       2050-0145
273.32..................................................       2050-0145
273.34..................................................       2050-0145
273.35..................................................       2050-0145
273.38..................................................       2050-0145
273.39..................................................       2050-0145
273.61..................................................       2050-0145
273.62..................................................       2050-0145
273.80..................................................       2050-0145
                                                                        
------------------------------------------------------------------------
                  Standards for Management of Used Oil                  
                                                                        
------------------------------------------------------------------------
279.10-279.11...........................................       2050-0124
279.42..................................................      2050-0028,
                                                               2050-0124
279.43-279.44...........................................       2050-0124
279.46..................................................       2050-0050
279.51..................................................       2050-0028
279.52-279.55...........................................       2050-0124
279.56..................................................       2050-0050
279.57..................................................      2050-0050,
                                                               2050-0124
279.62..................................................       2050-0028
279.63..................................................       2050-0124
279.65-279.66...........................................       2050-0050
279.72..................................................       2050-0050
279.73..................................................       2050-0028
279.74-279.75...........................................       2050-0050
279.82..................................................       2050-0124
                                                                        
------------------------------------------------------------------------
  Technical Standards and Corrective Action Requirements for Owners and 
             Operators of Underground Storage Tanks (USTs)              
                                                                        
------------------------------------------------------------------------
                                                                        
280.11(a)...............................................       2050-0068
280.20(a)-(b)...........................................       2050-0068
280.20(e)...............................................       2050-0068
280.22(a)-(f)...........................................       2050-0068
280.22(g)...............................................       2050-0068
280.31..................................................       2050-0068
280.33(f)...............................................       2050-0068
280.34(a)...............................................       2050-0068
280.34(b)...............................................       2050-0068
280.34(c)...............................................       2050-0068
280.40..................................................       2050-0068
280.43..................................................       2050-0068
280.44..................................................       2050-0068
280.45..................................................       2050-0068
280.50..................................................       2050-0068
280.53..................................................       2050-0068
280.61..................................................       2050-0068
280.62..................................................       2050-0068
280.63..................................................       2050-0068
280.64..................................................       2050-0068
280.65..................................................       2050-0068
280.66(a)...............................................       2050-0068
280.66(c)...............................................       2050-0068
280.66(d)...............................................       2050-0068
280.67..................................................       2050-0068
280.71(a)...............................................       2050-0068
280.72(a)...............................................       2050-0068
280.74..................................................       2050-0068
280.95..................................................       2050-0068
280.96..................................................       2050-0068
280.97..................................................       2050-0068
280.98..................................................       2050-0068
280.99..................................................       2050-0068
280.100.................................................       2050-0068
280.101.................................................       2050-0068
280.102.................................................       2050-0068
280.103.................................................       2050-0068
280.104.................................................       2050-0068
280.105.................................................       2050-0068
280.106.................................................       2050-0068
280.107.................................................       2050-0068
280.108.................................................       2050-0068
280.109(a)..............................................       2050-0068
280.109(b)..............................................       2050-0068
280.110.................................................       2050-0068
280.111.................................................       2050-0068
280.111(b)(11)..........................................       2050-0068
280.114(a)-(d)..........................................       2050-0068
280.114(e)..............................................       2050-0068
                                                                        
------------------------------------------------------------------------
           Approval of State Underground Storage Tank Programs          
                                                                        
------------------------------------------------------------------------
281.120(a)..............................................       2050-0068
281.120(g)..............................................       2050-0068
281.121.................................................       2050-0068
281.122.................................................       2050-0068
281.124.................................................       2050-0068
281.125.................................................       2050-0068
281.140.................................................       2050-0068
281.143(a)..............................................       2050-0068
281.150.................................................       2050-0068
281.152.................................................       2050-0068
281.161.................................................       2050-0068
                                                                        
------------------------------------------------------------------------
    National Oil and Hazardous Substances Pollution Contingency Plan    
                                                                        
------------------------------------------------------------------------
300.405.................................................       2050-0046
300.425.................................................       2050-0095
300.430.................................................       2050-0096
300.435.................................................       2050-0096
300.920.................................................       2050-0141
Part 300, Appendix A....................................       2050-0095
                                                                        
------------------------------------------------------------------------

[[Page 1087]]

                                                                        
          Designation, reportable quantities, and notification          
                                                                        
------------------------------------------------------------------------
302.4...................................................       2050-0046
302.6...................................................       2050-0046
302.8...................................................       2050-0086
                                                                        
------------------------------------------------------------------------
       Hazardous Substances Superfund; Response Claims Procedures       
                                                                        
------------------------------------------------------------------------
307.11-307.14...........................................       2050-0106
307.21-307.23...........................................       2050-0106
307.30-307.32...........................................       2050-0106
                                                                        
------------------------------------------------------------------------
 Reimbursement to Local Governments for Emergency Response to Hazardous 
                           Substance Releases                           
                                                                        
------------------------------------------------------------------------
310.05..................................................       2050-0077
310.10-310.12...........................................       2050-0077
310.20..................................................       2050-0077
310.30..................................................       2050-0077
310.40..................................................       2050-0077
310.50..................................................       2050-0077
310.60..................................................       2050-0077
310.70..................................................       2050-0077
310.80..................................................       2050-0077
310.90..................................................       2050-0077
Part 310, Appendix II...................................       2050-0077
                                                                        
------------------------------------------------------------------------
Worker Protection Standards for Hazardous Waste Operations and Emergency
                                Response                                
                                                                        
------------------------------------------------------------------------
311.1-311.2.............................................       2050-0105
                                                                        
------------------------------------------------------------------------
Trade Secrecy Claims for Emergency Planning and Community Right-to-Know;
                          Health Professionals                          
                                                                        
------------------------------------------------------------------------
350.5-350.16............................................       2050-0078
350.27..................................................       2050-0078
350.40..................................................       2050-0078
                                                                        
------------------------------------------------------------------------
                   Emergency planning and notification                  
                                                                        
------------------------------------------------------------------------
Part 355, Appendix A, Appendix B........................       2050-0046
                                                                        
------------------------------------------------------------------------
        Toxic Chemical Release Reporting: Community Right-to-Know       
                                                                        
------------------------------------------------------------------------
part 372................................................       2070-0093
part 372, subpart A.....................................     2070-0093 &
                                                               2070-0143
372.22..................................................     2070-0093 &
                                                               2070-0143
372.25..................................................       2070-0093
372.27..................................................       2070-0143
372.30..................................................     2070-0093 &
                                                               2070-0143
372.38..................................................     2070-0093 &
                                                               2070-0143
part 372, subpart C.....................................     2070-0093 &
                                                               2070-0143
part 372, subpart D.....................................     2070-0093 &
                                                               2070-0143
372.85..................................................       2070-0093
372.95..................................................       2070-0143
                                                                        
------------------------------------------------------------------------
    General Pretreatment Regulations for Existing and New Sources of    
                                Pollution                               
                                                                        
------------------------------------------------------------------------
403.5(b)................................................       2040-0009
403.6-403.7.............................................       2040-0009
403.8(a)-(e)............................................       2040-0009
403.8(f)................................................       2040-0009
403.9-403.10............................................       2040-0009
403.12(b)-(g)...........................................       2040-0009
403.12 (h), (i).........................................       2040-0009
403.12 (j), (k), (l), (o)...............................       2040-0009
403.12 (m), (p).........................................       2040-0009
403.13..................................................       2040-0009
403.15..................................................       2040-0009
403.17-403.18...........................................      2040-0009,
                                                               2040-0170
                                                                        
------------------------------------------------------------------------
            Steam Electric Generating Point Source Category             
                                                                        
------------------------------------------------------------------------
423.12-423.13...........................................       2040-0033
423.15..................................................       2040-0033
                                                                        
------------------------------------------------------------------------
           Pulp, Paper, and Paperboard Point Source Category            
                                                                        
------------------------------------------------------------------------
430.14-430.17...........................................       2040-0033
430.24-430.27...........................................       2040-0033
430.54-430.57...........................................       2040-0033
430.64-430.67...........................................       2040-0033
430.74-430.77...........................................       2040-0033
430.84-430.87...........................................       2040-0033
430.94-430.97...........................................       2040-0033
430.104-430.107.........................................       2040-0033
430.114-430.117.........................................       2040-0033
430.134-430.137.........................................       2040-0033
430.144-430.147.........................................       2040-0033
430.154-430.157.........................................       2040-0033
430.164-430.167.........................................       2040-0033
430.174-430.177.........................................       2040-0033
430.184-430.187.........................................       2040-0033
430.194-430.197.........................................       2040-0033
430.204-430.207.........................................       2040-0033
430.214-430.217.........................................       2040-0033
430.224-430.227.........................................       2040-0033
430.234-430.237.........................................       2040-0033
430.244-430.247.........................................       2040-0033
430.254-430.257.........................................       2040-0033
430.264-430.267.........................................       2040-0033
                                                                        
------------------------------------------------------------------------
        The Builders' Paper and Board Mills Point Source Category       
                                                                        
------------------------------------------------------------------------
431.14-431.17...........................................       2040-0033
                                                                        
------------------------------------------------------------------------
            Pharmaceutical Manufacturing Point Source Category          
                                                                        
------------------------------------------------------------------------
439.14-439.17...........................................       2040-0033
439.24-439.27...........................................       2040-0033
439.34-439.37...........................................       2040-0033
439.44-439.47...........................................       2040-0033
                                                                        
------------------------------------------------------------------------
                   Coil Coating Point Source Category                   
                                                                        
------------------------------------------------------------------------
465.03..................................................       2040-0033
                                                                        
------------------------------------------------------------------------
               Porcelain Enameling Point Source Category                
                                                                        
------------------------------------------------------------------------
466.03..................................................       2040-0033
                                                                        
------------------------------------------------------------------------

[[Page 1088]]

                                                                        
                 Aluminum Forming Point Source Category                 
                                                                        
------------------------------------------------------------------------
467.03..................................................       2040-0033
                                                                        
------------------------------------------------------------------------
              State Sludge Management Program Requirements              
                                                                        
------------------------------------------------------------------------
501.15(a)...............................................      2040-0086,
                                                               2040-0110
501.15(b)...............................................      2040-0004,
                                                              2040-0068,
                                                               2040-0110
501.15(c)...............................................       2040-0068
501.16..................................................       2040-0057
501.21..................................................       2040-0057
                                                                        
------------------------------------------------------------------------
           Standards for the Use or Disposal of Sewage Sludge           
                                                                        
------------------------------------------------------------------------
503.17-503.18...........................................       2040-0157
503.27-503.28...........................................       2040-0157
503.47-503.48...........................................       2040-0157
                                                                        
------------------------------------------------------------------------
                     Fuel Economy of Motor Vehicles                     
                                                                        
------------------------------------------------------------------------
600.006-86..............................................       2060-0104
600.007-80..............................................       2060-0104
600.010-86..............................................       2060-0104
600.113-88..............................................       2060-0104
600.113-93..............................................       2060-0104
600.206-86..............................................       2060-0104
600.207-86..............................................       2060-0104
600.209-85..............................................       2060-0104
600.306-86..............................................       2060-0104
600.307-86..............................................       2060-0104
600.311-86..............................................       2060-0104
600.312-86..............................................       2060-0104
600.313-86..............................................       2060-0104
600.314-86..............................................       2060-0104
600.507-86..............................................       2060-0104
600.509-86..............................................       2060-0104
600.510-86..............................................       2060-0104
600.512-86..............................................       2060-0104
                                                                        
------------------------------------------------------------------------
                  Toxic Substances Control Act: General                 
                                                                        
------------------------------------------------------------------------
700.45..................................................     2070-0012 &
                                                               2070-0038
                                                                        
------------------------------------------------------------------------
                Reporting and Recordkeeping Requirements                
                                                                        
------------------------------------------------------------------------
704.5...................................................     2010-0019 &
                                                               2070-0067
704.11..................................................     2010-0019 &
                                                               2070-0067
704.25..................................................       2070-0067
704.33..................................................       2070-0067
704.43..................................................       2070-0067
704.45..................................................       2070-0067
704.95..................................................       2070-0067
704.102.................................................       2070-0067
704.104.................................................       2070-0067
704.175.................................................       2070-0067
                                                                        
------------------------------------------------------------------------
                      Chemical Imports and Exports                      
                                                                        
------------------------------------------------------------------------
707.65..................................................       2070-0030
707.67..................................................       2070-0030
707.72..................................................       2070-0030
                                                                        
------------------------------------------------------------------------
                     Inventory Reporting Regulations                    
                                                                        
------------------------------------------------------------------------
part 710................................................       2070-0070
                                                                        
------------------------------------------------------------------------
                       Chemical Information Rules                       
                                                                        
------------------------------------------------------------------------
712.5...................................................       2070-0054
712.7...................................................       2070-0054
712.20..................................................       2070-0054
712.28..................................................       2070-0054
712.30..................................................       2070-0054
                                                                        
------------------------------------------------------------------------
                    Health and Safety Data Reporting                    
                                                                        
------------------------------------------------------------------------
716.5...................................................       2070-0004
716.10..................................................       2070-0004
716.20..................................................       2070-0004
716.25..................................................       2070-0004
716.30..................................................       2070-0004
716.35..................................................       2070-0004
716.40..................................................       2070-0004
716.45..................................................       2070-0004
716.50..................................................       2070-0004
716.60..................................................       2070-0004
716.65..................................................       2070-0004
716.105.................................................       2070-0004
716.120.................................................       2070-0004
                                                                        
------------------------------------------------------------------------
    Records and Reports of Allegations that Chemical Substances Cause   
       Significant Adverse Reactions to Health or the Environment       
                                                                        
------------------------------------------------------------------------
717.5...................................................       2070-0017
717.7...................................................       2070-0017
717.12..................................................       2070-0017
717.15..................................................       2070-0017
717.17..................................................       2070-0017
                                                                        
------------------------------------------------------------------------
                       Premanufacture Notification                      
                                                                        
------------------------------------------------------------------------
720.1...................................................       2070-0012
720.22..................................................       2070-0012
720.25..................................................       2070-0012
720.30..................................................       2070-0012
720.36..................................................       2070-0012
720.38..................................................       2070-0012
part 720, subpart C.....................................       2070-0012
720.62..................................................       2070-0012
720.75..................................................       2070-0012
720.78..................................................       2070-0012
720.80..................................................       2070-0012
720.85..................................................       2070-0012
720.87..................................................       2070-0012
720.90..................................................       2070-0012
720.102.................................................       2070-0012
part 720, Appendix A....................................       2070-0012
                                                                        
------------------------------------------------------------------------
               Significant New Uses of Chemical Substances              
                                                                        
------------------------------------------------------------------------
part 721, subpart A.....................................     2070-0012 &
                                                               2070-0038
721.72..................................................     2070-0012 &
                                                               2070-0038
721.125.................................................     2070-0012 &
                                                               2070-0038
721.160.................................................     2070-0012 &
                                                               2070-0038
721.170.................................................     2070-0012 &
                                                               2070-0038

[[Page 1089]]

                                                                        
721.185.................................................     2070-0012 &
                                                               2070-0038
721.225.................................................       2070-0012
721.275.................................................       2070-0012
721.285.................................................       2070-0012
721.320.................................................       2070-0012
721.323.................................................       2070-0012
721.325.................................................       2070-0012
721.370.................................................       2070-0012
721.390.................................................       2070-0012
721.400.................................................       2070-0012
721.415.................................................       2070-0012
721.430.................................................       2070-0012
721.445.................................................       2070-0012
721.460.................................................       2070-0012
721.470.................................................       2070-0012
721.490.................................................       2070-0012
721.505.................................................       2070-0012
721.520.................................................       2070-0012
721.530.................................................       2070-0012
721.536.................................................       2070-0012
721.540.................................................       2070-0012
721.550.................................................       2070-0012
721.562.................................................       2070-0012
721.575.................................................       2070-0012
721.600.................................................       2070-0012
721.625.................................................       2070-0012
721.639.................................................       2070-0012
721.642.................................................       2070-0012
721.650.................................................       2070-0038
721.700.................................................       2070-0012
721.715.................................................       2070-0012
721.750.................................................       2070-0012
721.757.................................................       2070-0012
721.775.................................................       2070-0012
721.805.................................................       2070-0012
721.825.................................................       2070-0012
721.840.................................................       2070-0012
721.875.................................................       2070-0012
721.925.................................................       2070-0012
721.950.................................................       2070-0012
721.982.................................................       2070-0012
721.1000................................................       2070-0012
721.1025................................................       2070-0038
721.1050................................................       2070-0012
721.1068................................................       2070-0012
721.1075................................................       2070-0012
721.1120................................................       2070-0012
721.1150................................................       2070-0012
721.1175................................................       2070-0012
721.1187................................................       2070-0012
721.1193................................................       2070-0012
721.1210................................................       2070-0012
721.1225................................................       2070-0012
721.1240................................................       2070-0012
721.1300................................................       2070-0012
721.1325................................................       2070-0012
721.1350................................................       2070-0012
721.1372................................................       2070-0012
721.1375................................................       2070-0012
721.1425................................................       2070-0038
721.1430................................................       2070-0038
721.1435................................................       2070-0038
721.1440................................................       2070-0038
721.1450................................................       2070-0012
721.1500................................................       2070-0012
721.1525................................................       2070-0012
721.1550................................................       2070-0012
721.1555................................................       2070-0012
721.1568................................................       2070-0012
721.1575................................................       2070-0012
721.1612................................................       2070-0012
721.1625................................................       2070-0012
721.1630................................................       2070-0012
721.1637................................................       2070-0012
721.1640................................................       2070-0012
721.1643................................................       2070-0012
721.1645................................................       2070-0012
721.1650................................................       2070-0012
721.1675................................................       2070-0012
721.1700................................................       2070-0012
721.1725................................................       2070-0012
721.1728................................................       2070-0012
721.1732................................................       2070-0012
721.1735................................................       2070-0012
721.1740................................................       2070-0012
721.1745................................................       2070-0012
721.1750................................................       2070-0012
721.1755................................................       2070-0012
721.1765................................................       2070-0012
721.1769................................................       2070-0012
721.1775................................................       2070-0012
721.1790................................................       2070-0038
721.1800................................................       2070-0012
721.1820................................................       2070-0012
721.1825................................................       2070-0012
721.1850................................................       2070-0012
721.1875................................................       2070-0012
721.1900................................................       2070-0012
721.1907................................................       2070-0012
721.1920................................................       2070-0012
721.1925................................................       2070-0012
721.1950................................................       2070-0012
721.2025................................................       2070-0012
721.2050................................................       2070-0012
721.2075................................................       2070-0012
721.2084................................................       2070-0038
721.2085................................................       2070-0012
721.2086................................................       2070-0012
721.2088................................................       2070-0012
721.2089................................................       2070-0012
721.2092................................................       2070-0038
721.2120................................................       2070-0012
721.2140................................................       2070-0012
721.2170................................................       2070-0012
721.2175................................................       2070-0012
721.2250................................................       2070-0012
721.2260................................................       2070-0012
721.2270................................................       2070-0012
721.2275................................................       2070-0012
721.2287................................................       2070-0038
721.2340................................................       2070-0012
721.2355................................................       2070-0038
721.2380................................................       2070-0012
721.2410................................................       2070-0012
721.2420................................................       2070-0012
721.2475................................................       2070-0012
721.2520................................................       2070-0012
721.2540................................................       2070-0012
721.2560................................................       2070-0012
721.2565................................................       2070-0012
721.2575................................................       2070-0012
721.2600................................................       2070-0038
721.2625................................................       2070-0012
721.2650................................................       2070-0012
721.2675................................................       2070-0012
721.2725................................................       2070-0038
721.2750................................................       2070-0012
721.2800................................................       2070-0038
721.2815................................................       2070-0012
721.2825................................................       2070-0012
721.2840................................................       2070-0012
721.2860................................................       2070-0012
721.2880................................................       2070-0012
721.2900................................................       2070-0012
721.2920................................................       2070-0012

[[Page 1090]]

                                                                        
721.2930................................................       2070-0012
721.2940................................................       2070-0012
721.2950................................................       2070-0012
721.2980................................................       2070-0012
721.3000................................................       2070-0012
721.3020................................................       2070-0012
721.3028................................................       2070-0012
721.3034................................................       2070-0012
721.3040................................................       2070-0012
721.3060................................................       2070-0012
721.3080................................................       2070-0012
721.3100................................................       2070-0012
721.3120................................................       2070-0012
721.3140................................................       2070-0012
721.3152................................................       2070-0012
721.3160................................................       2070-0038
721.3180................................................       2070-0012
721.3200................................................       2070-0012
721.3220................................................       2070-0038
721.3248................................................       2070-0012
721.3260................................................       2070-0012
721.3320................................................       2070-0012
721.3340................................................       2070-0012
721.3350................................................       2070-0038
721.3360................................................       2070-0012
721.3364................................................       2070-0012
721.3374................................................       2070-0012
721.3380................................................       2070-0012
721.3390................................................       2070-0012
721.3420................................................       2070-0012
721.3430................................................       2070-0038
721.3435................................................       2070-0012
721.3437................................................       2070-0012
721.3440................................................       2070-0012
721.3460................................................       2070-0012
721.3480................................................       2070-0012
721.3486................................................       2070-0012
721.3500................................................       2070-0012
721.3520................................................       2070-0012
721.3560................................................       2070-0012
721.3620................................................       2070-0012
721.3625................................................       2070-0012
721.3627................................................       2070-0012
721.3629................................................       2070-0012
721.3640................................................       2070-0012
721.3680................................................       2070-0012
721.3700................................................       2070-0012
721.3720................................................       2070-0012
721.3740................................................       2070-0012
721.3760................................................       2070-0012
721.3764................................................       2070-0012
721.3780................................................       2070-0012
721.3790................................................       2070-0012
721.3800................................................       2070-0012
721.3815................................................       2070-0012
721.3840................................................       2070-0012
721.3860................................................       2070-0012
721.3870................................................       2070-0012
721.3880................................................       2070-0012
721.3900................................................       2070-0012
721.4000................................................       2070-0012
721.4020................................................       2070-0012
721.4040................................................       2070-0012
721.4060................................................       2070-0012
721.4080................................................       2070-0038
721.4100................................................       2070-0012
721.4110................................................       2070-0012
721.4128................................................       2070-0012
721.4133................................................       2070-0012
721.4140................................................       2070-0038
721.4155................................................       2070-0038
721.4160................................................       2070-0038
721.4180................................................       2070-0038
721.4200................................................       2070-0012
721.4215................................................       2070-0012
721.4220................................................       2070-0012
721.4240................................................       2070-0012
721.4250................................................       2070-0012
721.4255................................................       2070-0012
721.4260................................................       2070-0012
721.4270................................................       2070-0012
721.4280................................................       2070-0012
721.4300................................................       2070-0012
721.4320................................................       2070-0012
721.4340................................................       2070-0012
721.4360................................................       2070-0038
721.4380................................................       2070-0012
721.4390................................................       2070-0012
721.4400................................................       2070-0012
721.4420................................................       2070-0012
721.4460................................................       2070-0012
721.4463................................................       2070-0012
721.4466................................................       2070-0012
721.4470................................................       2070-0012
721.4473................................................       2070-0012
721.4480................................................       2070-0012
721.4490................................................       2070-0012
721.4500................................................       2070-0012
721.4520................................................       2070-0012
721.4550................................................       2070-0012
721.4568................................................       2070-0012
721.4585................................................       2070-0012
721.4590................................................       2070-0012
721.4594................................................       2070-0012
721.4600................................................       2070-0012
721.4620................................................       2070-0012
721.4640................................................       2070-0012
721.4660................................................       2070-0012
721.4680................................................       2070-0012
721.4700................................................       2070-0012
721.4720................................................       2070-0012
721.4740................................................       2070-0038
721.4780................................................       2070-0012
721.4790................................................       2070-0012
721.4794................................................       2070-0012
721.4800................................................       2070-0012
721.4820................................................       2070-0012
721.4840................................................       2070-0012
721.4880................................................       2070-0012
721.4925................................................       2070-0038
721.5050................................................       2070-0012
721.5075................................................       2070-0012
721.5175................................................       2070-0038
721.5192................................................       2070-0012
721.5200................................................       2070-0012
721.5225................................................       2070-0012
721.5250................................................       2070-0012
721.5275................................................       2070-0012
721.5278................................................       2070-0012
721.5282................................................       2070-0012
721.5285................................................       2070-0012
721.5300................................................       2070-0012
721.5310................................................       2070-0012
721.5325................................................       2070-0012
721.5330................................................       2070-0012
721.5350................................................       2070-0012
721.5375................................................       2070-0012
721.5385................................................       2070-0012
721.5400................................................       2070-0012
721.5425................................................       2070-0012
721.5450................................................       2070-0012
721.5475................................................       2070-0012
721.5500................................................       2070-0012
721.5525................................................       2070-0012
721.5540................................................       2070-0012
721.5550................................................       2070-0012

[[Page 1091]]

                                                                        
721.5575................................................       2070-0012
721.5600................................................       2070-0038
721.5700................................................       2070-0012
721.5705................................................       2070-0012
721.5710................................................       2070-0038
721.5740................................................       2070-0012
721.5760................................................       2070-0012
721.5763................................................       2070-0012
721.5769................................................       2070-0012
721.5780................................................       2070-0012
721.5800................................................       2070-0012
721.5820................................................       2070-0012
721.5840................................................       2070-0012
721.5860................................................       2070-0012
721.5867................................................       2070-0012
721.5880................................................       2070-0012
721.5900................................................       2070-0012
721.5910................................................       2070-0012
721.5915................................................       2070-0012
721.5920................................................       2070-0012
721.5960................................................       2070-0012
721.5970................................................       2070-0012
721.5980................................................       2070-0012
721.5990................................................       2070-0012
721.6000................................................       2070-0038
721.6020................................................       2070-0012
721.6060................................................       2070-0012
721.6070................................................       2070-0012
721.6080................................................       2070-0012
721.6085................................................       2070-0012
721.6090................................................       2070-0012
721.6100................................................       2070-0012
721.6110................................................       2070-0012
721.6120................................................       2070-0012
721.6140................................................       2070-0012
721.6160................................................       2070-0012
721.6180................................................       2070-0012
721.6186................................................       2070-0012
721.6200................................................       2070-0012
721.6220................................................       2070-0012
721.6440................................................       2070-0012
721.6470................................................       2070-0012
721.6500................................................       2070-0012
721.6520................................................       2070-0012
721.6540................................................       2070-0012
721.6560................................................       2070-0012
721.6580................................................       2070-0012
721.6600................................................       2070-0012
721.6620................................................       2070-0012
721.6625................................................       2070-0012
721.6640................................................       2070-0012
721.6660................................................       2070-0012
721.6680................................................       2070-0012
721.6700................................................       2070-0012
721.6720................................................       2070-0012
721.6740................................................       2070-0012
721.6760................................................       2070-0012
721.6780................................................       2070-0012
721.6820................................................       2070-0012
721.6840................................................       2070-0012
721.6880................................................       2070-0012
721.6900................................................       2070-0012
721.6920................................................       2070-0012
721.6940................................................       2070-0012
721.6960................................................       2070-0012
721.6980................................................       2070-0012
721.7000................................................       2070-0012
721.7020................................................       2070-0012
721.7040................................................       2070-0012
721.7046................................................       2070-0012
721.7080................................................       2070-0012
721.7100................................................       2070-0012
721.7140................................................       2070-0012
721.7160................................................       2070-0012
721.7180................................................       2070-0012
721.7200................................................       2070-0012
721.7210................................................       2070-0012
721.7220................................................       2070-0012
721.7240................................................       2070-0012
721.7260................................................       2070-0012
721.7280................................................       2070-0012
721.7300................................................       2070-0012
721.7320................................................       2070-0012
721.7340................................................       2070-0012
721.7360................................................       2070-0012
721.7370................................................       2070-0012
721.7400................................................       2070-0012
721.7420................................................       2070-0012
721.7440................................................       2070-0012
721.7450................................................       2070-0012
721.7460................................................       2070-0012
721.7480................................................       2070-0012
721.7500................................................       2070-0012
721.7540................................................       2070-0012
721.7560................................................       2070-0012
721.7580................................................       2070-0012
721.7600................................................       2070-0012
721.7620................................................       2070-0012
721.7655................................................       2070-0012
721.7660................................................       2070-0012
721.7680................................................       2070-0012
721.7780................................................       2070-0012
721.7710................................................       2070-0012
721.7720................................................       2070-0012
721.7700................................................       2070-0012
721.7740................................................       2070-0012
721.7760................................................       2070-0012
721.7770................................................       2070-0012
721.8075................................................       2070-0012
721.8082................................................       2070-0012
721.8090................................................       2070-0012
721.8100................................................       2070-0012
721.8155................................................       2070-0012
721.8160................................................       2070-0012
721.8170................................................       2070-0012
721.8175................................................       2070-0012
721.8225................................................       2070-0012
721.8250................................................       2070-0012
721.8265................................................       2070-0012
721.8275................................................       2070-0012
721.8290................................................       2070-0012
721.8300................................................       2070-0012
721.8325................................................       2070-0012
721.8335................................................       2070-0012
721.8350................................................       2070-0012
721.8375................................................       2070-0012
721.8400................................................       2070-0012
721.8425................................................       2070-0012
721.8450................................................       2070-0012
721.8475................................................       2070-0012
721.8500................................................       2070-0012
721.8525................................................       2070-0012
721.8550................................................       2070-0012
721.8575................................................       2070-0012
721.8600................................................       2070-0012
721.8650................................................       2070-0012
721.8654................................................       2070-0012
721.8670................................................       2070-0012
721.8675................................................       2070-0012
721.8700................................................       2070-0012
721.8750................................................       2070-0012
721.8775................................................       2070-0012
721.8825................................................       2070-0012
721.8850................................................       2070-0012
721.8875................................................       2070-0012
721.8900................................................       2070-0012

[[Page 1092]]

                                                                        
721.8965................................................       2070-0012
721.9000................................................       2070-0038
721.9075................................................       2070-0012
721.9100................................................       2070-0012
721.9220................................................       2070-0012
721.9240................................................       2070-0012
721.9260................................................       2070-0012
721.9280................................................       2070-0012
721.9300................................................       2070-0012
721.9320................................................       2070-0012
721.9360................................................       2070-0012
721.9400................................................       2070-0012
721.9420................................................       2070-0012
721.9460................................................       2070-0012
721.9470................................................       2070-0038
721.9480................................................       2070-0012
721.9500................................................       2070-0012
721.9505................................................       2070-0012
721.9510................................................       2070-0012
721.9520................................................       2070-0012
721.9525................................................       2070-0012
721.9526................................................       2070-0012
721.9527................................................       2070-0012
721.9530................................................       2070-0012
721.9540................................................       2070-0012
721.9550................................................       2070-0012
721.9570................................................       2070-0012
721.9580................................................       2070-0038
721.9620................................................       2070-0012
721.9630................................................       2070-0012
721.9650................................................       2070-0012
721.9656................................................       2070-0012
721.9658................................................       2070-0012
721.9660................................................       2070-0038
721.9665................................................       2070-0012
721.9675................................................       2070-0012
721.9700................................................       2070-0012
721.9720................................................       2070-0012
721.9730................................................       2070-0012
721.9740................................................       2070-0012
721.9750................................................       2070-0012
721.9780................................................       2070-0012
721.9800................................................       2070-0012
721.9820................................................       2070-0012
721.9850................................................       2070-0012
721.9870................................................       2070-0012
721.9892................................................       2070-0012
721.9900................................................       2070-0012
721.9920................................................       2070-0012
721.9925................................................       2070-0012
721.9930................................................       2070-0038
721.9940................................................       2070-0012
721.9957................................................       2070-0038
721.9975................................................       2070-0012
                                                                        
------------------------------------------------------------------------
                 Premanufacture Notification Exemptions                 
                                                                        
------------------------------------------------------------------------
723.50..................................................       2070-0012
723.175.................................................       2070-0012
723.250(m)(1)...........................................       2070-0012
                                                                        
------------------------------------------------------------------------
Lead-Based Paint Poisioning Prevention in Certain Residential Structures
                                                                        
------------------------------------------------------------------------
part 745, subpart F.....................................       2070-0151
                                                                        
------------------------------------------------------------------------
                        Water Treatment Chemicals                       
                                                                        
------------------------------------------------------------------------
part 749, subpart D.....................................       2060-0193
749.68..................................................       2060-0193
                                                                        
------------------------------------------------------------------------
Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution
                    in Commerce, and Use Prohibitions                   
                                                                        
------------------------------------------------------------------------
761.20..................................................     2070-0008 &
                                                               2070-0021
761.30..................................................      2070-0003,
                                                             2070-0008 &
                                                               2070-0021
761.60..................................................       2070-0011
761.65..................................................       2070-0112
761.70..................................................       2070-0011
761.75..................................................       2070-0011
761.80..................................................       2070-0021
761.93(a)(1)(iii).......................................       2070-0149
761.93(b)...............................................       2070-0149
761.125.................................................       2070-0112
761.180.................................................       2070-0112
761.185.................................................       2070-0008
761.187.................................................       2070-0008
761.193.................................................       2070-0008
761.202.................................................       2070-0112
761.205.................................................       2070-0112
761.207.................................................       2070-0112
761.207(a)..............................................       2050-0039
761.208.................................................       2070-0112
761.209.................................................       2070-0112
761.210.................................................       2070-0112
761.211.................................................       2070-0112
761.215.................................................       2070-0112
761.218.................................................       2070-0112
                                                                        
------------------------------------------------------------------------
                                Asbestos                                
                                                                        
------------------------------------------------------------------------
part 763, subpart E.....................................       2070-0091
part 763, subpart G.....................................       2070-0072
part 763, subpart I.....................................       2070-0082
                                                                        
------------------------------------------------------------------------
                    Dibenzo-para-dioxin/Dibenzofurans                   
                                                                        
------------------------------------------------------------------------
766.35(b)(1)............................................       2070-0054
766.35(b)(2)............................................       2070-0054
766.35(b)(3)............................................       2070-0017
766.35(b)(4)(iii).......................................       2070-0054
766.35(c)(1)(i).........................................       2070-0054
766.35(c)(1)(ii)........................................       2070-0054
766.35(c)(1)(iii).......................................       2070-0017
766.35(d) Form..........................................       2070-0017
766.38..................................................       2070-0054
                                                                        
------------------------------------------------------------------------
     Procedures Governing Testing Consent Agreements and Test Rules     
                                                                        
------------------------------------------------------------------------
790.5...................................................       2070-0033
790.42..................................................       2070-0033
790.45..................................................       2070-0033
790.50..................................................       2070-0033
790.55..................................................       2070-0033
790.60..................................................       2070-0033
790.62..................................................       2070-0033
790.68..................................................       2070-0033
790.80..................................................       2070-0033
790.82..................................................       2070-0033
790.85..................................................       2070-0033
790.99..................................................       2070-0033
                                                                        
------------------------------------------------------------------------
                   Good Laboratory Practice Standards                   
                                                                        
------------------------------------------------------------------------
part 792................................................      2010-0019,

[[Page 1093]]

                                                                        
                                                              2070-0004,
                                                              2070-0017,
                                                              2070-0033,
                                                             2070-0054 &
                                                               2070-0067
                                                                        
------------------------------------------------------------------------
                       Provisional Test Guidelines                      
                                                                        
------------------------------------------------------------------------
795.45..................................................       2070-0067
795.232.................................................       2070-0033
                                                                        
------------------------------------------------------------------------
    Identification of Specific Chemical Substance and Mixture Testing   
                              Requirements                              
                                                                        
------------------------------------------------------------------------
799.1053................................................       2070-0033
799.1250................................................       2070-0033
799.1560................................................       2070-0033
799.1575................................................       2070-0033
799.1645................................................       2070-0033
799.1700................................................       2070-0033
799.2155................................................       2070-0033
799.2325................................................       2070-0033
799.2475................................................       2070-0033
799.2500................................................       2070-0033
799.2700................................................       2070-0033
799.3300................................................       2070-0033
799.4360................................................       2070-0033
799.4440................................................       2070-0033
799.5000................................................       2070-0033
799.5025................................................       2070-0033
799.5050................................................       2070-0033
799.5055................................................       2070-0033
799.5075................................................       2070-0033
------------------------------------------------------------------------
\1\ The ICRs referenced in this section of the Table encompass the      
  applicable general provisions contained in 40 CFR part 60, subpart A, 
  which are not independent information collection requirements.        
\2\ The ICRs referenced in this section of the Table encompass the      
  applicable general provisions contained in 40 CFR part 61, subpart A, 
  which are not independent information collection requirements.        
\3\ The ICRs referenced in this section of the Table encompass the      
  applicable general provisions contained in 40 CFR part 63, subpart A, 
  which are not independent information collection requirements.        


[58 FR 27472, May 10, 1993]

    Editorial Note: For Federal Register citations affecting Sec. 9.1 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.

    Effective Date Notes: 1. At 61 FR 16309, Apr. 12, 1996, in Sec. 9.1 
table, the heading ``Public Information'' and its entry for part 2, 
subpart B were added, effective July 11, 1996.

    2. At 61 FR 33206, June 26, 1996, in Sec. 9.1 table, the entry for 
170.112 was removed and the entry for part 170 was added, effective Aug. 
26, 1996.

    3. At 61 FR 34228, July 1, 1996, in Sec. 9.1 table, entries 71.5, 
71.6(a),(c),(d),(g), 71.7, and 71.9(e)-(j) were added, effective July 
31, 1996.

[[Page 1095]]

........................................................................


List of CFR Sections Affected


All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
Title 40 was established at 36 FR 12213, June 29, 1971. For the period 
before January 1, 1986, see the ``List of CFR Sections Affected, 1964--
1972 and 1973-1985'' published in six separate volumes.

                                  1986

40 CFR
                                                                   51 FR
                                                                    Page
Chapter I
52  State implementation plans disapproval..........................2399
    State implementation plan deficiency notice.....................3046
    Restrictions lifted............................................39375
52.07  (a) amended.................................................40676
52.10  Amended.....................................................40677
52.20  Amended.....................................................40676
52.21  (l) revised.................................................32179
    Technical correction...........................................34086
    (f)(1) and (g)(2)(i) amended...................................40675
    (b)(2)(iii)(e)(1), (2), (f), (17) and D(f)(13) amended.........40677
52.24  (f)(5)(iii)(e) (1) and (2), (f), (6)(iii) and (v)(c), and 
        (12), and (i)(2) amended...................................40677
52.50  (c)(40) added................................................4909
    (c)(41) added; (c) introductory text republished...............25199
    (c)(42) added..................................................25367
    (c)(44) added..................................................45470
    (c)(38) added..................................................46658
52.54  Table amended...............................................25367
52.55  (a) amended..........................................40675, 40676
52.57  (a) amended.................................................40676
52.59  (a) amended.................................................40676
52.70  (c)(12) added...............................................32639
52.73  (a) amended.................................................40676
52.74  (a) introductory text, (1) (i), (ii), (iii), and (iv), and 
        (2) (i), (ii), (iii), (v), and (vi), (b) and (c) amended 
                                                                   40676
52.75  Revised.....................................................32639
52.76  Removed.....................................................32640
52.78  (a) amended.................................................40677
52.80  (a) amended.................................................40677
52.84  (b) and (d)(10) amended.....................................40676
    (a) amended....................................................40677
52.85--52.93  Removed..............................................32640
52.88  (a)(5) amended..............................................40677
52.89  (a)(4) amended..............................................40677
52.90  (a)(3) amended..............................................40677
52.91  (a)(3) amended..............................................40677
52.95  (a) and (b) amended.........................................40676
52.123  (c) revised; (e)(2) and (3) added...........................3336
    (c)(1) and (2) removed; (c)(3) redesignated as (c)(1); (b) and 
(e)(1) and (2) revised.............................................33750
52.124  (a)(1) and (2) revised.....................................33750
    (a)(2) revised..................................................3337
52.125  (a)(1) and (b) amended..............................40676, 40677
52.126  (a) amended................................................40676
    (a) and (c) amended............................................40677
52.129  (b) and (e) amended........................................40677
52.130  (a), (b), (d) and (e) amended..............................40677
52.133  (c) amended.........................................40676, 40677
52.135  (a) amended................................................40677
52.143  (a) amended................................................40676
52.170  (c)(23) added..............................................27841
    (c)(24) added..................................................40976
    (c)(22) added...................................................4912
52.175  (a) amended................................................40677
52.178  Removed....................................................27841
    (a) amended....................................................40676
52.179  Removed....................................................27841

[[Page 1096]]

    (a) amended....................................................40676
52.182  (a) and (b) amended........................................40676
52.220  (c)(154)(vi)(B) and (vii)(B) added...........................603
    (c)(163) added..................................................8496
52.224  (a) amended................................................40676
52.225  (a) and (b) amended........................................40676
52.227  (a) amended................................................40676
52.230  (a) amended................................................40677
52.232  (a)(1)(i) and (5)(i)(A)   amended..........................40677
52.233  (l) and (m) added...........................................8496
    (c) and (d) amended............................................40677
52.234  (a), (b), (c) and (e) amended..............................40677
52.235  Removed....................................................40677
52.240  (f)(1) amended.............................................40675
    (b), (e), and (f) (1) and (2) amended..........................40676
    (a) amended....................................................40677
52.255  (g) amended................................................40676
52.256  (i) amended................................................40676
52.267  (a) amended................................................40676
52.269  (a) amended................................................40676
52.272  (a) amended................................................40677
52.274  (a), (b), (e), (h) and (q) amended.........................40677
52.320  (c)(35) added..............................................12321
    (c)(36) and (37) added.........................................31126
    (c)(30) added..................................................43610
52.324  (a) and (c) amended........................................40676
52.341  (a) amended................................................40676
52.343  (a) revised................................................31126
52.370  (c)(36) added..............................................41964
52.379  (a) amended................................................40676
52.420  (c)(35) added..............................................44068
52.426  (a) amended................................................40677
52.429  (a) amended................................................40676
52.431  (a) and (b) amended........................................40676
52.470  (c)(26) added..............................................12323
52.479  (b) amended................................................40677
52.497  (a) amended................................................40675
    (a) and (b) amended............................................40676
52.520  (c)(58) added...............................................2698
52.524  (b)(7) and (c) amended.....................................40676
    (a) amended....................................................40677
52.525  (a) amended................................................40676
52.526  (a) amended................................................40676
52.529  (a) amended................................................40676
52.534  Revised.....................................................5505
52.570  (c)(32) added...............................................3468
52.574  (a) amended................................................40677
52.576  (b) added...................................................3778
    (a) amended.............................................40675, 40676
52.580  (a) amended................................................40676
52.624  (a) amended................................................40676
52.625  (a) amended................................................40676
52.626  (a) and (b) amended........................................40676
52.629  (a) amended................................................40677
52.631  (a) and (b) amended........................................40676
52.670  (c)(24) added; eff. 8-22-86................................22810
52.674  (a) amended................................................40676
52.675  (a)(1) amended.............................................40676
52.676  (a)(1) amended.............................................40676
52.677  (b) amended................................................40675
    (b) and (c) amended............................................40676
    (a) amended....................................................40677
52.679  Revised; eff. 8-22-86......................................22810
52.681  Added; eff. 8-22-86........................................22811
52.682  (a) amended................................................40676
52.683  Revised; eff. 8-22-86......................................22812
52.688  Revised; eff. 8-22-86......................................22812
    (b)(2) amended.................................................40677
52.690  Correctly designated.......................................23759
52.720  (c)(63) added..............................................10837
    (c)(64) added..................................................15616
    (c)(65) added..................................................15617
52.729  (a) amended................................................40676
52.730  (c) amended................................................40675
    (b)(4), (c), and (d) amended...................................40676
    (a) amended....................................................40677
52.735  (a) and (b) amended........................................40676
52.770  (c)(57) added...............................................2498
    (c)(55) added...................................................4915
    (c)(54) added...................................................5519
    (c)(57) corrected..............................................11306
    (c)(56) added..................................................15618
    (c)(58) added; eff. 7-3-86.....................................19834
    (c)(66) added; eff. 7-7-86.....................................20285
    (c)(59) added..................................................42223
52.771  (b), (c), and (d) amended..................................40675
52.773  (f) revised.................................................4916
52.775  (a) introductory text and (1) (i) and (ii), (2) (i), (ii), 
        and (iii), (3) (i) and (ii), (4) (i) and (ii), (5) (i) and 
        (ii), (6) (i) and (ii), (7) (i), (ii), and (iii), (8) (i) 
        and (ii), (9) (i), (ii), and (iii), and (10) (i), (ii), 
        and (iii) and (a)(11)(i) amended...........................40676
52.776  (j) added...................................................2498
    (j) correctly designated.......................................11306
    (a) amended....................................................40676
52.777  (c) introductory text and (1) introductory text revised; 
        (c)(1)(ii), (iii), (iv), (vi), (vii), (viii) removed........4916
    (a) and (b) amended............................................40676

[[Page 1097]]

52.778  (c) amended................................................40675
    (c) and (d) amended............................................40676
    (a) amended....................................................40677
52.780  (a) and (e) amended........................................40677
52.782  (a) amended................................................40677
52.784  (a) amended................................................40676
52.785  (a) amended................................................40676
52.786  (a)(3) amended.............................................40677
52.792  (a) and (b) amended........................................40676
52.794  (b) amended................................................40676
    (a) and (b) amended............................................40677
52.795  (c) amended................................................40676
    (b) amended....................................................40677
52.796  (a) amended................................................40677
52.820  (c)(45) added..............................................25200
52.823  Removed....................................................25200
52.825  (c) amended.........................................40675, 40676
52.828  (b)(1)(iii) amended.................................40675, 40677
    (b)(1) (i) and (iii) amended...................................40676
52.832  (a) amended................................................40676
52.870  (c)(17) added..............................................25202
52.874  (a), (b) introductory text, (1)(i), (2)(i), and (3)(i) and 
        (c) amended................................................40676
52.876  (c) (1) and (2) amended.............................40675, 40676
    (a) amended....................................................40677
52.878  (a) amended................................................40677
52.883  (a) and (b) amended........................................40676
52.920  (c)(45) added..............................................43744
52.924  (a) amended................................................40676
52.925  (a) amended................................................40676
52.927  (c) amended................................................40675
    (b)(6) and (c) amended.........................................40676
    (a) amended....................................................40677
52.929  (a) amended................................................40676
52.930  (b)(2) added...............................................10210
52.935  (a)(1) (ii), (iii), (iv), (vi), (vii), (viii), and (ix) 
        removed; (a)(1)(v) redesignated as (a)(1)(ii)..............43744
52.936  Added.......................................................5505
52.970  (c)(42) added..............................................12854
    (c)(43) added; eff. 7-10-86....................................20969
52.978  (a) amended................................................40677
52.980  (a), (b), (c), and (d) amended......................40675, 40676
52.988  (a) amended................................................40677
52.1020  (c)(21) added.............................................45886
52.1023  (a) amended...............................................40676
52.1028  (a) amended...............................................40676
52.1031  Table amended.............................................45886
52.1032  Added.....................................................45886
52.1070  (c)(85) added.............................................27843
52.1074  (a) amended...............................................40676
52.1077  (a) amended...............................................40677
52.1080  (a) amended...............................................40677
52.1082  (a) and (b) amended.......................................40677
52.1113  (a) amended...............................................40676
52.1115  (a) and (b) amended.......................................40676
52.1117  (b) amended...............................................40676
52.1120  (c)(68) added.............................................11020
    (c)(70) added..................................................28814
    (c)(69) added..................................................42564
    (c)(71) added..................................................42565
52.1124  (a) and (c) amended.......................................40677
52.1125  (a) and (b) amended.......................................40676
52.1167  Table amended.............................................11021
    Table amended.................................................28814,
40801, 42564, 42565
    Technical correction....................................43120, 44408
52.1170  (c)(82) added.............................................42223
52.1175  (e) amended...............................................40675
    (d)(4) and (e) amended.........................................40676
    (c) amended....................................................40677
52.1178  (a) amended...............................................40676
52.1220  (c)(23) added.............................................47238
52.1224  (a) amended...............................................40676
52.1225  (a) amended...............................................40677
52.1227  (a) amended...............................................40676
52.1229  (a) amended...............................................40676
52.1270  (c)(16) added...............................................193
    (c)(18) added...................................................9654
52.1274  (a) amended........................................40675, 40676
52.1275  (a), and (b) introductory text amended....................40676
52.1276  (a) amended...............................................40677
52.1277  (a) amended...............................................40676
52.1279  (a) amended...............................................40676
52.1320  (c)(56) added..............................................4917
    (c) introductory text republished; (c)(53) added...............13001
    (c)(59) added..................................................30063
    (c)(58) added..................................................31329
    (c)(61) added..................................................36012
    (c)(57) added..................................................40317
    (c)(59)(i)(A) corrected........................................43120
52.1323  Existing text designated as (a); (b) added................31330
    (b) removed....................................................36012
52.1324  (a) amended...............................................40676
52.1325  (a) removed...............................................13001
    (b) introductory text, (1) (i), (ii), (2) (i), (ii), and 
(iii), (3)(i), (4) (i) and (ii), and (5) (i), (ii), and (iii), and 
(c) amended........................................................40676
52.1328  (a) amended...............................................40677
52.1331  (a) amended...............................................40677
52.1335  (a) amended...............................................40675
    (a) and (b) amended............................................40676

[[Page 1098]]

52.1338  (a) amended...............................................40676
52.1370  (c)(14) added..............................................2399
    (c)(20) added; eff. 7-7-86.....................................20648
52.1375  Table revised..............................................2399
52.1378  (a) amended...............................................40676
52.1379  (a) amended...............................................40676
52.1381  (a) amended...............................................40676
52.1384  Removed....................................................2399
52.1420  (c)(32) added..............................................6221
    (c)(33) added..................................................32641
    (c)(34) added..................................................33265
52.1425  (a) amended........................................40675, 40676
52.1470  (c)(33) added.............................................29923
52.1473  (a) amended...............................................40676
52.1475  (a) amended...............................................40676
52.1476  (a) amended...............................................40676
52.1479  (a) and (b) amended.......................................40677
52.1482  (b) and (c) amended.......................................40676
52.1486  (a) amended...............................................40676
52.1487  (a) amended...............................................40675
52.1523  Technical correction........................................886
    Table corrected................................................21550
52.1524  (a), (c), and (d) amended.................................40676
    (b) amended....................................................40677
52.1526  (a) amended...............................................40676
52.1527  Technical correction........................................886
52.1528  (a) amended...............................................40676
52.1570  (c)(39) added; eff. 7-14-86...............................21549
    (c)(40) added; eff. 8-26-86....................................23418
    (c)(38) added..................................................42572
52.1574  (a) amended...............................................40676
52.1575  (a) amended...............................................40676
52.1576  (a) amended...............................................40677
52.1577  (b) and (e) amended.......................................40676
    (c) amended....................................................40677
52.1578  (a) amended...............................................40677
52.1579  (a) amended...............................................40677
52.1580  Table amended.............................................42573
52.1602  (a) amended...............................................40675
    (a) and (b) amended............................................40676
52.1605  Table amended; eff. 7-14-86...............................21549
    Table amended; eff. 8-26-86....................................23418
    Correctly designated as 52.1606; eff. 7-31-86..................23759
    Table amended..................................................42573
52.1606  Correctly redesignated and revised; eff. 7-31-86..........23759
    Correctly designated and revised...............................23759
52.1623  (a) amended...............................................40676
52.1626  (b) amended........................................40675, 40676
    (a) amended....................................................40677
52.1635  (a) amended...............................................40677
52.1636  Added......................................................5505
52.1670  (c)(75) added.............................................40420
52.1676  (a) and (b) amended................................40676, 40677
52.1677  (a) amended...............................................40676
    (b) and (c) amended............................................40677
52.1678  (d) amended...............................................40676
52.1679  Table amended.............................................40420
52.1680  (a) amended...............................................40677
52.1688  (a) amended...............................................40676
52.1770  (c)(40) added..............................................2697
    (c)(41) added; eff. 8-4-86.....................................19836
    (c)(42) added..................................................32075
    (c) (43) and (44) added........................................41787
    (c) (47) and (48) added........................................45469
52.1774  Removed; eff. 8-4-86......................................19836
    (a) amended.............................................40675, 40676
52.1775  Added.....................................................32075
52.1777  (a) amended...............................................40676
52.1824  (a) amended...............................................40677
52.1827  (a) amended...............................................40676
52.1830  (a) amended........................................40675, 40676
52.1831  (b) correctly designated; eff. 7-31-86....................23759
    Correctly designated...........................................23759
52.1870  (c)(69) added.............................................31130
    (c)(76) added..................................................42223
52.1877  (a) amended...............................................40676
52.1878  (a)(2) amended............................................40677
52.1879  (c) amended...............................................40677
52.1880  (a) amended...............................................40676
52.1881  (b) correctly designated as 52.1831; eff. 7-31-86.........23759
    (a) amended....................................................40676
52.1883  (a) and (b) amended.......................................40676
52.1885  (e) and (f) added.........................................10211
52.1887  (d) added.................................................10391
52.1927  (a) amended...............................................40676
52.1933  Added; eff. 7-24-86.......................................22938
52.1970  (c)(72) added..............................................2401
    (c)(74) added..................................................12324
    (c)(76) added..................................................13497
    (c)(77) added; eff. 8-4-86.....................................20286
    (c)(73) added; eff. 8-26-86....................................23419
52.1974  (a) amended...............................................40676
52.1975  (b) and (c)(12) amended...................................40676
    (a) amended....................................................40677
52.1976  (a) amended...............................................40676
52.1986  (a) amended...............................................40676
52.1988  (a) revised...............................................12324
52.2020  (c)(67) added.............................................40318
52.2023  (h) added.................................................18440
52.2024  (a) amended...............................................40676
52.2025  (a) amended...............................................40676

[[Page 1099]]

52.2030  (b) and (c) amended.......................................40677
52.2031  (a) and (b) amended.......................................40677
52.2032  (a) and (b) amended.......................................40677
52.2036  (a) amended...............................................40676
52.2038  (a)(4) amended............................................40677
52.2039  (a)(3) amended............................................40677
52.2056  (a) amended...............................................40675
    (a) and (b) amended............................................40676
52.2070  (c)(24) added...............................................756
    (c)(25) added..................................................27538
    (c)(27) added..................................................44604
52.2073  (a) amended...............................................40676
52.2074  (a) and (b) amended.......................................40676
52.2075  (a) amended...............................................40677
52.2077  (b), (c) and (d) amended..................................40676
    (a) amended....................................................40677
52.2078  (b)(1)(iii) amended................................40675, 40677
    (b)(1) (i) and (iii) amended...................................40676
52.2080  (a), (b)(1)(iii) and (3) amended..........................40675
52.2081  Table amended......................................27538, 44605
52.2082  (a) amended...............................................40676
52.2120  (c)(25) added..............................................2699
52.2123  (b) amended........................................40675, 40676
52.2124  (d) amended...............................................40676
52.2125  (a) amended...............................................40677
52.2129  (a) amended...............................................40676
52.2173  (a) amended...............................................40676
52.2176  (a) and (b) amended.......................................40676
52.2220  (c)(69) added..............................................9445
    (c)(56) added; eff. 8-4-86.....................................19839
    (c)(72) added..................................................47240
52.2223  (a)(7), (c), (d), (e)(18), and (f) amended................40676
    (b) amended....................................................40677
52.2224  (a), (b), (c), (d), and (e) amended.......................40676
52.2225  Removed; eff. 8-4-86......................................19839
52.2227  Amended...................................................40677
52.2228  (a) amended...............................................40677
52.2232  (d) amended...............................................40675
    (a) and (b) amended............................................40676
52.2234  Added......................................................5505
52.2270  (c)(63) added.............................................42224
52.2274  (a) amended...............................................40676
52.2282  (a) amended...............................................40675
52.2285  (g) amended...............................................40676
52.2298  (b) amended...............................................40677
52.2302  (a) amended...............................................40676
52.2305  Added.....................................................18443
52.2320  (c)(19) added.............................................19552
52.2333  (a) amended...............................................40676
52.2337  (a)(3) amended............................................40677
52.2345  (a) amended...............................................40675
    (a) and (b) amended............................................40676
52.2373  (a) amended...............................................40676
52.2374  (a) amended...............................................40676
52.2376  (a) amended...............................................40676
52.2378  Added.....................................................42221
52.2379  (a) amended...............................................40676
52.2383  Revised....................................................5505
52.2420  (c)(88) added.............................................42225
52.2424  (a) amended...............................................40676
52.2425  Removed...................................................42225
52.2426  Removed...................................................42225
52.2427  (c) amended...............................................40677
52.2428  (a) and (b) amended.......................................40677
52.2430  (a) and (b) amended.......................................40676
52.2431  (a), (b), (c), and (d) amended............................40676
52.2433  (a) amended...............................................40677
52.2435  (a) amended........................................40675, 40676
52.2436  (a) and (b) amended.......................................40677
52.2438  (g) amended...............................................40676
52.2439  (i) amended...............................................40676
52.2449  (a) amended...............................................40676
52.2470  (c)(34) added.............................................10542
52.2475  (a) amended...............................................40676
52.2477  (a) amended...............................................40677
52.2478  Table revised.............................................10542
52.2481  (b) amended...............................................40676
    (a) amended....................................................40677
52.2483  (a) amended...............................................40677
52.2485  (a)(4) amended............................................40677
52.2491  (a)(3) amended............................................40677
52.2496  (a) amended...............................................40676
52.2498  Added; eff. 7-28-86.......................................23228
52.2520  (c)(23) added.............................................12517
52.2524  (b)(10) and (c) amended...................................40676
    (a) amended....................................................40677
52.2525  (a) amended...............................................40676
52.2526  (a) amended...............................................40676
52.2528  Revised...................................................12518
52.2570  (c) (42) and (43) added; eff. 7-25-86.....................23059
    (c)(44) added..................................................32076
    (c)(46) added..................................................42223
    (c)(45) added..................................................42227
    Comment period extended and clarification......................43349
    (c)(47) added..................................................44910
    (c)(49) added..................................................45884
52.2573  (a) amended...............................................40676
52.2574  (a) amended...............................................40676
52.2578  (d) amended...............................................40675
    (c)(4), (d), and (e) amended...................................40676
    (b) amended....................................................40677
52.2579  (a) amended...............................................40677

[[Page 1100]]

52.2580  (a) amended...............................................40676
52.2620  (c)(16) added.............................................17336
52.2623  (a) amended...............................................40677
52.2625  (a) amended...............................................40676
52.2631  (a) amended...............................................40676
52.2632  Added.....................................................17336
52.2674  (a) amended...............................................40676
52.2678  (a) amended...............................................40676
52.2682  (a) amended...............................................40677
52.2684  (a) amended...............................................40677
52.2724  (a) amended...............................................40677
52.2725  (a) amended...............................................40676
52.2726  (a) amended...............................................40676
52.2728  (a) amended...............................................40676
52.2730  (a) amendes...............................................40676
52.2731  (a) amended...............................................40676
52.2778  (a) amended...............................................40676
52.2780  (a) amended...............................................40676
52.2824  (a) amended...............................................40677
52.2826  (a) amended...............................................40676
52.2900 (Subpart FFF)  Added.......................................40799

                                  1987

40 CFR
                                                                   52 FR
                                                                    Page
Chapter I
52  State Implementation Plan inadequacy............................1908
    State Implementation Plan approval.......................4292, 45634
    State Implementation Plan clarification........................11647
    State implementation plan attainment groups....................29383
    State implementation plan deficiency notices............34384, 47565
52.21  (b)(23)(i) table, (c) table, (i)(8)(i), and (p)(5) table 
        amended; (i)(4) (ix) and (x), (11), and (m)(1) (vii) and 
        (viii) added; (w)(2) revised; eff. 7-31-87.................24714
    (m)(1)(vii) corrected..........................................26401
52.24  (i)(2) corrected; (j)(2) amendment at 51 FR 40677 correctly 
        removed....................................................24367
    (f)(10) amended; eff. 7-31-87..................................24715
52.27  (d)(2) revised; (d) (3), (4), and (5) added.................45137
52.29  Added.......................................................45137
52.50  Technical correction.........................................2007
    (c)(45) added...................................................4291
    (c)(46) added..................................................28254
52.54  Table amended................................................4291
52.58  Amended......................................................4291
52.60  (c) redesignated as (a); (b) added..........................48812
52.61  Added.......................................................45138
52.74  (a)(2)(vi) corrected; (a)(2)(iv) amendment at 51 FR 40676 
        correctly removed..........................................24367
52.145  (c) added..................................................45137
52.183  Added......................................................45138
52.220  (c)(153)(vii)(B), (156)(vii), (166) and (167) added.........1628
    (c)(168) added..................................................3228
    (c)(124)(vi)(B), (vii)(B), (viii)(B), (ix)(B), and (x)(B) 
revised; (c) (164) and (165) added; (c)(6) amended.................12523
    (c)(154)(v)(B), (159) (ii) through (vi) and (160) added; 
(c)(159) introductory text republished.............................26149
52.232  (a)(3)(ii) through (v) and (11)(ii) removed.................1628
52.279  Added.......................................................3646
52.281  (e) added..................................................45138
52.320  (c)(33) added; eff. 8-21-87................................23447
52.343  (a)(1) and (8) and (b) correctly revised; (a)(9) correctly 
        added.......................................................4622
    (a)(10) correctly added........................................22638
52.344  (c) added..................................................45137
52.370  (c)(37) added...............................................5105
    (c)(39) added..................................................47925
52.383  Added......................................................49407
52.420  (c)(37) added..............................................48813
52.520  (c)(59) added...............................................3431
    (c)(62) added..................................................35704
52.581  (c) redesignated as (a); new (b) added.....................32918
52.633  (c) added..................................................45137
52.690  (c) added..................................................45137
52.720  (c)(68) added...............................................1455
    (c)(67) added...................................................2225
    (c)(73) added...................................................8071
    (c)(74) added..................................................16386
    (c)(69) added..................................................45334
52.726  (c) added..................................................26012
52.770  (c) (53) and (61) added.....................................3644
    (c)(60) added...................................................4905
    (c)(62) added..................................................12911
    (c)(36) removed; (c)(53) revised; eff. 7-17-87.................23038
    (c)(63) added..................................................33591
    (c)(64) added..................................................46763
52.775  (a)(11)(i) corrected.......................................24367
52.776  (l) added...................................................3644

[[Page 1101]]

    (k) added.......................................................4905
    (m) added; eff. 7-17-87........................................23038
52.777  (c)(1)(i) removed..........................................33591
52.794  (c) added...................................................3644
    (b) removed; (c) revised; eff. 7-17-87.........................23038
52.820  (c)(46) added; eff. 8-25-87................................23982
52.828  (b)(1)(i) corrected........................................24367
52.833  Revised; eff. 8-25-87......................................23982
52.870  (c)(18) added.................................................54
    (c)(19) added..................................................48265
52.920  (c)(48) added...............................................3116
    (c)(47) added..................................................33593
    (c)(51) added..................................................45959
52.970  (c)(44) added..............................................13673
52.986  Revised....................................................13673
52.989  Added......................................................45138
52.1020  (c)(22) added..............................................3117
52.1031  Table amended..............................................3117
52.1032  Redesignated as 52.1033 and revised.......................45138
52.1033  Redesignated from 52.1032 and revised.....................45138
52.1120  (c)(73) added.............................................32792
    (c)(74) added..................................................44394
52.1167  Table amended......................................32792, 44395
52.1168  Revised...................................................32792
52.1169  Added.....................................................49407
52.1170  (c)(81) added..............................................1185
    (c)(83) added..................................................16247
52.1183  (c) added.................................................45137
52.1236  (c) added.................................................45137
52.1270  (c)(19) added.............................................35705
52.1275  (b)(1)(ii) and (2)(iii) amendment at 51 FR 40676 removed 
                                                                   24367
52.1325  (b)(1)(ii) and (2)(iii) corrected; (a)(11)(i) and 
        (b)(1)(ii) and (2)(iii) amendments at 51 FR 40676 
        correctly removed..........................................24367
52.1339  Added.....................................................45138
52.1387  Added.....................................................45138
52.1420  (c)(35) added.............................................28695
52.1425  (a) table amended.........................................28696
52.1431  Table amended.............................................28696
52.1488  (c) added.................................................45137
52.1520  (c)(35) added..............................................3118
    (c)(36) added..................................................12164
    (c)(37) added..................................................35082
    (c)(38) added..................................................47393
52.1525  Table amended.......................................3118, 12164
    Table amended...........................................35082, 47393
52.1531  (c) added.................................................45137
52.1532  Added.....................................................49407
52.1570  (c)(41) added.............................................48536
52.1606  (c) added.................................................45137
52.1620  (c)(37) added..............................................5965
52.1634  Revised....................................................5966
52.1636  (c) added.................................................45137
52.1683  Added; eff. 8-24-87.......................................23830
52.1770  (c)(53) added.............................................10751
    (c)(52) added..................................................12524
    (c)(51) added..................................................33934
    (c)(54) added..................................................47567
52.1782  Added.....................................................45138
52.1820  (c)(77) added.............................................46464
52.1831  (c) added.................................................45137
52.1870  (c)(80) added.............................................49158
52.1933  (c) added.................................................45137
52.1970  (c)(75) added..............................................4621
    (c)(79) added...................................................7863
    (c)(80) added..................................................28255
    (c)(81) added..................................................32012
52.1973  Table revised..............................................4621
52.1983  Removed....................................................4622
52.1985  (b) added.................................................32012
52.2020  (c)(65) added..............................................1456
    (c)(66) added..................................................11260
    (c)(69) added..................................................38759
52.2070  (c)(28) added.............................................32794
    (c)(30) added..................................................32919
    (c)(26) added..................................................36250
52.2081  Table amended...............................32794, 32920, 36250
52.2084  (a)(1) added..............................................38764
52.2085  Added.....................................................49407
52.2120  (c)(29) added..............................................4772
    (c)(28) added; eff. 7-27-87....................................19859
52.2132  (c) added.................................................45137
52.2179  (c) added.................................................45137
52.2220  (c)(74) added..............................................1456
    (c)(73) added...................................................1629
    (c)(75) added...................................................6146
    (c)(76) added; eff. 8-17-87....................................22779
    (c)(77) added..................................................45960
    (c)(78) added..................................................46764
52.2223  (a)(7) corrected..........................................24367
52.2231  Revised...................................................15498
52.2234  (c) added.................................................45137
52.2304  (c) added.................................................45137
52.2347  Added.....................................................45138
52.2370  (c)(19) added.............................................26981
52.2381  Table amended.............................................26982
52.2384  Added.....................................................49407
52.2452  (c) added.................................................45137
52.2470  (c)(35) added................................................55
    (c)(36) added; eff. 7-6-87.....................................16245
52.2478  Table revised................................................56

[[Page 1102]]

52.2479  Table revised................................................56
    Revised; eff. 7-6-87...........................................16245
52.2533  (c) added.................................................45137
52.2570  (c)(44) removed............................................6325
52.2632  (c) added.................................................45137
52.2720  (c)(34) added.............................................38419
52.2770  (c)(16) added; (c) introductory text republished...........4620
52.2781  (c) added.................................................45137
52.2920  Added.....................................................43574

                                  1988

40 CFR
                                                                   53 FR
                                                                    Page
Chapter I
52  State implementation plan disapproval; eff. 7-5-88.............20321
    State implementation plan inadequacy notice.............34500, 48642
    Petition denied................................................52705
52.21  (l) (1) and (2) revised.......................................396
    (b)(3)(iv), (13)(i), (ii) (a), and (b), (14)(i), (15)(i), 
(ii)(a), (c) tables, (f)(1)(v), (4)(i), and (p)(5) tables revised; 
(b)(14)(ii) redesignated as (b)(14)(iii); new (b)(14)(ii), 
(i)(12), and OMB number added; (p)(5) amended; eff. 11-19-90.......40671
52.50  (c)(48) added...............................................47689
52.120  (c)(54)(i) (D) and (E), (56)(i)(B), (58) through (62), 
        (64) and (66) added........................................30223
    (c) (55), (57), (60)(i)(B), (62)(i)(A)(2), (65) and (66)(i)(B) 
added..............................................................30238
52.124  (a)(2) removed.............................................30224
    (a)(1) removed.................................................30238
52.170  (c)(25) added..............................................27517
52.183  Removed....................................................27517
52.237  (a)(1) added................................................1781
    (a)(2) added...................................................39088
    (a)(3) added...................................................48537
52.320  (c)(39) added..............................................27859
    (c)(38) added..................................................30428
    (c)(41) added..................................................30431
    (c)(42) added..................................................38289
    (c)(40) added..................................................48539
52.344  (c) removed................................................30431
    (b) revised....................................................48539
52.370  (c)(41) added...............................................4622
    (c)(42) added..................................................11847
    (c)(38) added..................................................17936
    (c)(44) added..................................................26257
    (c)(43) added..................................................28885
52.375  (d) added..................................................17936
52.520  (c)(53) added..............................................10076
52.570  (c)(35) added..............................................25330
    (c)(34) added..................................................26253
    (c)(36) added..................................................29891
52.670  (c)(25) added..............................................48540
52.679  Revised....................................................48540
52.720  (c)(70) added...............................................4139
52.726  (c) added..................................................40426
52.770  (c)(66) added...............................................1358
    (c)(65) added..................................................12904
    (c)(66) amended; (c)(67) added.................................33811
    (c)(70) added..................................................38722
    (c) (68) and (69) added........................................46613
    (c)(67)(i)(H) removed; (c)(71) added...........................50523
52.773  (b) amended; (h) added.....................................33811
    (i) added......................................................46613
52.777  (c) introductory text amended; (d) added...................46613
52.793  (c) revised................................................18985
52.795  (d) removed.................................................1358
52.797  Added......................................................12905
52.797  (a) removed; (c) added.....................................38722
52.820  (c)(47) added..............................................41601
52.870  (c)(20) added..............................................17701
    (c)(21) added..................................................31861
    (c)(22) added..................................................43692
    (c)(23) added..................................................47691
52.879  Table revised..............................................43692
52.920  (c)(50) added................................................502
    (c)(53) added..................................................11656
    (c)(55) added; eff. 7-21-88....................................23238
    (c)(52) added..................................................26256
    (c)(54) added..................................................30999
52.970  (c)(45) added..............................................36010
    (c)(47) added..................................................50961
52.989  Removed....................................................50961
52.990  Added......................................................36010
52.1168a  Added....................................................36014
52.1170  (c)(84) added..............................................4623
    (c)(78) added..................................................31862
    (c)(85) added..................................................44191
52.1220  (c)(24) added.............................................17037
52.1225  (a) and (b) removed; (c), (d), and (e) added..............17037
52.1234  (c) revised...............................................18985
52.1320  (c)(63) added..............................................4621
    (c)(62) added..................................................12418
    (c)(64) added..................................................31329
    (c)(60) added..................................................35821
52.1335  (a) table amended.........................................31329
52.1370  (c)(23) added.............................................48644
52.1382  (c) added.................................................48645

[[Page 1103]]

52.1520  (c)(39) added.............................................32392
52.1570  (c)(42) added.............................................15394
52.1620  (c)(39) added.............................................44192
52.1627  (a) (2) and (3) removed...................................38724
52.1670  (c)(78) added.............................................35823
52.1770  (c)(56) added..............................................5975
    (c)(55) added..................................................11071
    (c)(49) added..................................................11274
    (c)(57) added; eff. 8-8-88.....................................21639
    (c)(60) added..................................................49882
52.1820  (c)(15) added.............................................37759
    (c)(16) added..................................................45764
52.1781  Existing text designated as (a); (b) added................11071
    (c) added; eff. 7-18-88........................................22488
52.1831  (b) removed; (c) redesignated as (b)......................37759
52.1832  Added.....................................................45764
52.1870  (c)(70) added.............................................18091
    (c)(81) added..................................................32394
    (c)(79) added..................................................35824
52.1881  (a) (4) and (8) amended...................................18091
    (a)(8) corrected...............................................23850
    (a) introductory text revised; (a)(11) added...................32394
52.1885  (h) added..................................................4023
52.1970  (c)(78) added..............................................1019
    (c)(82) added...................................................1020
52.1970  (c)(83) added.............................................47189
52.1973  Table revised.......................................1021, 10381
52.1988  (a) revised................................................1020
52.2020  (c)(68) added.............................................13123
52.2023  (h) removed...............................................31330
52.2070  (c)(29) added..............................................3890
52.2081  Table amended..............................................3890
52.2170  (c)(11) added.............................................34079
52.2180  Added.....................................................34079
52.2220  (c)(85) added.............................................25331
    (c)(86) added..................................................32050
    (c)(86) correctly designated...................................33572
    (c)(91) added..................................................39743
    (c)(93) added..................................................40882
    (c)(95) added..................................................47531
    (c)(94) added..................................................47690
    (c)(88) added..................................................48642
52.2270  (c)(62) added.............................................47191
52.2570  (c)(50) added.............................................35073
52.2220  (c)(82) added; eff. 8-22-88...............................23624
    (c)(84) added; eff. 8-22-88....................................23625
    (c)(80) added; eff. 8-22-88....................................23626
    (c)(81) added; eff. 8-22-88....................................23627
    (c)(83) added; eff. 8-22-88....................................23628
    (c)(79) added; eff. 8-22-88....................................23629
52.2270  (c)(65) added.............................................16263
52.2279  Table amended.............................................16263

                                  1989

40 CFR
                                                                   54 FR
                                                                    Page
Chapter I
52  State implementation plan inadequacy notice...............5449, 6287
    State implementation plan approval.......................7765, 10323
    PM 10 grouping revision........................................12620
    State implementation plan disapproval...................13383, 13682
    Stack height declarations.....................................14221,
                                                     19172, 30040, 32073
    State implementation plan determinations........32072, 33531, 43812, 
                                                            43816, 46612
    Air quality implementation plans...............................48870
    Authority delegation notices............................22888, 23978
    Petition denied................................................23479
52.21  (b)(17) revised.............................................27285
    (b)(30) and (v)(2)(vi) added; (v)(2)(iv)(b) removed; 
(v)(2)(iv)(c) redesignated as (v)(2)(iv)(b)........................27300
52.23  Amended.....................................................27285
52.24  (f)(12) revised.............................................27285
    (f)(18) added..................................................27300
52.55  Removed.....................................................25258
52.62  Added.......................................................51400
52.70  (c)(14) added................................................8537
    (c)(15) added..................................................31523
    (c)(13) added; eff. 7-25-89....................................22755
52.75  Revised......................................................8537
    Revised; eff. 7-25-89..........................................22755
    Revised........................................................31523
52.84  (b) removed.................................................25258
52.134  (b) removed................................................25258
52.170  (c)(26) added...............................................7765
    (c)(27) added..................................................18495
52.181  Revised....................................................18495
52.220  (c) (173) and (174) added...................................5449
    (c) (169) and (170) added......................................14226
    (c) (171) and (172) added......................................14650
    (c)(175) added.................................................15181
    (c)(169) removed...............................................26374
    (c)(176) added.................................................43176
    (c)(176)(i) (B) and (C) added..................................43174
52.229  (b)(2)(iii) added...........................................5237

[[Page 1104]]

    (b)(2)(ii) added...............................................34515
52.240  (e) and (f)(1) removed.....................................25258
52.269  (b)(2)(ii) and (iii) added..................................5237
52.320  (c)(44) added...............................................9781
    (c)(47) added..................................................13183
    (c)(48) added; eff. 7-10-89....................................20390
    (c)(43) added; eff. 7-31-89....................................22893
    (c)(45) added; eff. 7-7-89.....................................24340
    (c)(48) removed................................................29310
52.331  Added......................................................43178
52.343  (c) added..................................................27881
52.345  Added; eff. 7-7-89.........................................24340
52.370  (c)(48) added...............................................9782
    (c)(46) added..................................................12195
    (c)(49) added..................................................14227
    (c)(50) added; eff. 7-31-89....................................22892
    (c)(50) added..................................................23661
    (c)(51) correctly designated...................................29893
    (c)(47) added..................................................48887
    (c)(52) added..................................................49285
    (c)(53) added..................................................52799
52.429  Removed....................................................25258
52.520  (c)(60) added...............................................6126
    (c)(65) added..................................................30892
52.524  (c) removed................................................25258
52.528  (a) added; eff. 7-17-89....................................25455
52.576  (a) removed................................................25258
52.578  Added; eff. 7-17-89........................................25452
    Revised........................................................40002
52.626  (a) removed................................................25258
52.677  (b) removed................................................25258
52.730  (c) removed................................................25258
52.770  (c)(72) added; (c)(66)(i)(A), (67) introductory text, (i) 
        (A), (B), (C), (D), and (G), and (71) introductory text 
        and (i)(C) revised; (c)(66)(i)(B), (67)(i)(H), and 
        (71)(i)(D) removed; (c)(66) introductory text amended.......2117
    (c)(78) added..................................................33896
    (c)(74) revised................................................46612
52.773  (b) removed and reserved; (h) revised.......................2118
52.778  (c) removed................................................25258
52.795  (e) removed.................................................2118
52.797  (b) removed................................................33896
52.820  (c)(48) added..............................................29895
    (c)(50) added..................................................33528
    (c)(49) added..................................................33530
    (c)(51) added..................................................33539
52.823  Added......................................................33539
52.825  Table amended..............................................25258
52.827  Table revised..............................................33539
    Table footnote g corrected.....................................37187
52.870  (c)(24) added..............................................15935
    (c)(25) added..................................................29894
    (c)(25) removed................................................43812
52.876  (c)(1) removed.............................................25258
52.884  (b) removed................................................15935
52.920  (c)(57) added...............................................7930
    (c)(58) added...................................................7931
    (c)(58) correctly designated...................................10214
    (c)(59) added..................................................15933
    (c)(60) added; eff. 7-3-89.....................................19172
    (c)(61) added..................................................18104
    (c)(49) added..................................................35328
    (c)(46) added..................................................36311
    (c)(56) added..................................................46613
    (c)(62) added..................................................47077
    (c)(65) added..................................................47211
    (c)(63) added..................................................48888
52.927  (c) removed................................................25258
52.930  (a) added..................................................10983
52.931  (a) removed; (b) and (c) redesignated as (a) and (b) and 
        revised; new (c) added.....................................36311
52.933  Added; eff. 7-3-89.........................................23478
52.935  Removed; eff. 7-3-89.......................................19172
52.936  Revised....................................................36311
52.970  (c)(48) added...............................................9795
    (c) (20) through (48) redesignated as (c) (21) through (49).....9796
    (c)(46) added..................................................12196
    (c)(50) added; eff. 8-14-89....................................25451
    (c)(51) added; eff. 7-27-89....................................27004
    (c)(50)(i)(B) added............................................29896
    (c)(52) added..................................................41444
    (c)(53) added..................................................48743
52.980  (a) and (b) removed........................................25258
52.986  Revised.....................................................9795
52.988  Revised.....................................................9796
52.1020  (c)(24) added.............................................11525
52.1023  Removed...................................................25258
52.1031  Table amended.............................................11525
52.1034  Added......................................................8190
52.1070  (c)(87) added..............................................1691
    (c)(86) added; eff. 7-31-89....................................22895
52.1080  Removed...................................................25258
52.1120  (c)(76) added..............................................9213
    (c)(72) added..................................................10148
    (c)(78)  Added.................................................19183
    (c)(81) added..................................................46388
    (c)(80) added..................................................46895
    (c)(82) added..................................................46897
52.1125  Removed...................................................25258
52.1167  Table amended.............................................9213,
                                       10148, 19184, 46388, 46895, 46897
52.1170  (c)(86) added..............................................9433

[[Page 1105]]

    (c)(90) added..................................................40658
52.1175  (e) table amended.........................................25258
52.1270  (c)(20) added.............................................47212
52.1274  Removed...................................................25258
52.1278  Added; eff. 7-17-89.......................................25456
52.1320  (c)(65) added.............................................10323
    (c)(67) added..................................................13184
    (c)(68) added..................................................15934
    (c)(66) added..................................................31526
    (c)(27) revised................................................41094
    (c)(70) added..................................................46233
52.1332  Table revised.............................................31527
52.1335  (a) table revised.........................................25259
52.1370  (c)(21) added..............................................3780
    (c)(18) added; eff. 7-7-89.....................................24340
52.1383  Removed...................................................25258
52.1387  Added; eff. 7-7-89........................................24341
52.1420  (c)(36) added..............................................7036
    (c)(37) added; eff. 7-17-89....................................21062
52.1423  Added; eff. 7-17-89.......................................21063
52.1425  (a) table amended.........................................25259
52.1431  Table revised; eff. 7-17-89...............................21063
    Table revised..................................................33531
52.1482  (b) removed...............................................25258
52.1524  (a) table amended.........................................25259
52.1529  (c) added.................................................32973
52.1570  (c)(45) added.............................................25581
52.1577  (e) removed...............................................25258
52.1605  Table amended.............................................25582
52.1620  (c)(38) added.............................................43816
52.1626  (b) table amended.........................................25259
52.1637  Added; eff. 7-11-89.......................................20579
52.1638  Added; eff. 7-31-89.......................................23477
52.1670  (c)(77) added..............................................9436
    (c)(79) added..................................................26041
    (c)(80) added..................................................48889
52.1679  Table amended.............................................9436,
                                                            26041, 48889
52.1683  (c) added..................................................9437
52.1770  (c)(58) added..............................................1934
    (c)(50) added...................................................9993
    (c)(45) added...................................................9994
    (c)(46) added..................................................10985
    (c)(62) added..................................................52030
52.1781  Existing text designated as (a); (b) added.................9434
    (d) correctly designated.......................................13185
52.1782  Removed....................................................1934
52.1820  (c)(18) added.............................................20577
    (c)(17) added; eff. 7-7-89.....................................24341
52.1830  Removed...................................................25258
52.1831  Revised...................................................41098
52.1870  (c)(78) added..............................................1693
    (c)(73) added...................................................1939
    (c)(82) added..................................................13687
    (c)(84) added..................................................32638
    (c)(85) added..................................................50503
52.1877  (b) added..................................................1940
52.1881  (a)(10) added..............................................1693
52.1885  (i) added..................................................7548
    (k) added; eff. 7-5-89.........................................23982
    (l) added; eff. 7-27-89........................................27015
    (q) added......................................................36307
    (p) added......................................................37799
52.1887  (d) added...................................................615
    (d) removed....................................................12621
52.1970  (c)(84) added..............................................8539
    (c)(86) added..................................................41831
52.1975  (b) removed...............................................25258
52.1985  (b) removed................................................8539
52.2020  (c)(70) added..............................................3030
52.2036  Removed...................................................25258
52.2070  (c)(32) added.............................................10146
    (c)(33) added..................................................23661
    (c)(34) added..................................................38517
52.2077  Removed...................................................25258
52.2081  Table amended............................................10147,
                                                            23661, 38518
52.2120  (c)(31) added.............................................40660
    (c)(32) added..................................................40662
52.2123  Removed...................................................25258
52.2126  Added.....................................................15182
    Regulation at 54 FR 15182 withdrawn............................25582
52.2130  Added.....................................................14651
52.2170  (c)(12) added; eff. 7-7-89................................24341
52.2181  Added; eff. 7-14-89.......................................20847
    Regulation at 54 FR 20847 withdrawn............................29554
52.2220  (c)(87) added..............................................3032
    (c)(90) added...................................................4021
    (c)(89) added; eff. 8-14-89....................................25458
    (c)(96) added; eff. 8-28-89....................................27165
    (c)(92) added..................................................31954
    (c)(97) added..................................................51030
    (c)(98) added..................................................52031
52.2222  Amended....................................................4021
52.2223  (c) removed...............................................25258
52.2229  Added; eff. 8-14-89.......................................25458
    (b) added......................................................31954
52.2231  Introductory text designated to (a); (b) added; eff. 7-
        17-89......................................................25454
52.2270  (c)(66) added........................................6287, 7770
    (c)(64) added; eff. 7-5-89.....................................19373
52.2279  Table revised; eff. 8-18-89...............................25585
52.2304  (c) removed................................................7770

[[Page 1106]]

52.2306  Added; eff. 8-15-89.......................................25586
52.2320  (c)(21) added..............................................1696
    (c)(20) added...................................................9799
    (c)(22) added; eff. 7-7-89.....................................24341
52.2346  (c) added.................................................27881
52.2347  Removed....................................................1696
    Added; eff. 7-7-89.............................................24341
52.2376  Removed...................................................25258
52.2435  (a) removed...............................................25258
52.2481  (b) removed...............................................25258
52.2524  (c) removed...............................................25258
52.2570  (c)(52) added.............................................13523
    (c)(38) added..................................................36966
    (c)(48) added..................................................46234
52.2578  (d) removed...............................................25258
52.2585  Added.....................................................29557
    (b) added......................................................34517
52.2620  (c)(17) added..............................................6915
    (c)(18) added..................................................11188
    (c)(19) added; eff. 7-7-89.....................................24341
52.2630  (c) added.................................................27881
52.2632  (a), (b), and (c) removed..................................6915
52.2633  Added.....................................................11188

                                  1990

40 CFR
                                                                   55 FR
                                                                    Page
Chapter I
52  State implementation plan determinations.......................3594,
6253, 9726, 10061, 12823, 19065, 19066, 23549, 24080, 29846, 33692, 
34915, 39148, 51101
    Petition denied.................................................7713
    State implementation plan determinations; eff. 7-2-90..........22334
    Visibility impairment assessment...............................24060
    State implementation plans; policy guidance....................38326
    Technical correction...........................................40996
52.50  (c)(50) added................................................2236
    (c)(51) added..................................................10063
    (c)(49) added..................................................17435
    (c)(52) added..................................................38996
    (c)(47) added..................................................39405
52.54  Table amended...............................................17435
52.62  Revised......................................................5846
52.146  (c) and (d) added..........................................17437
    Added..........................................................18108
52.220  (c)(176)(i)(B) and (C) correctly designated................22334
    (c)(154)(vii)(B) removed.......................................25833
    (c)(168)(i)(A)(2), (C)(2), (E)(2), (F), (G), and (H) added.....28624
    (c)(159)(iv)(B), (v)(C), (D), (vii), (160)(i)(D), and (E) 
added..............................................................28625
    (c)(177) added.................................................31833
    (c)(177)(i)(A)(2), (B)(1), and (C)(1) added....................31835
    (c)(179) added.................................................49283
52.232  (a)(5)(iii) removed.........................................9878
52.237  (a)(5) added................................................9878
    (a)(4) added....................................................9880
52.279  (a)(2) revised.............................................31835
52.320  (c)(46) added...............................................9125
52.370  (c)(54) added...............................................9122
    (c)(55) added...................................................9444
52.420  (c)(38) added...............................................2067
    (c)(41) added...................................................3402
    (c)(39) added; eff. 7-30-90....................................26689
52.520  (c)(66) added...............................................3406
    (c)(68) added..................................................12823
    (c)(71) added..................................................46790
52.634  Added; eff. 7-2-90.........................................18110
52.720  (c)(71) added..............................................14421
    (c)(78) added; eff. 7-30-90....................................26909
    (c)(81) added..................................................29203
    (c)(79) added..................................................40661
52.722  Revised....................................................40661
52.725  (c) added; eff. 7-16-90....................................20266
52.726  (d) correctly designated...................................21751
    (e) added; eff. 7-30-90........................................26909
52.741  Added; eff. 7-30-90........................................26856
    (a)(3), (4)(i)(B)(3), (v)(B), (8)(ii), (e)(1)(i) table, 
(ii)(C)(1), (2), (iii), (h), (1)(ii)(A), (4)(i)(A)(2), (ii)(A), 
(C)(2), (q)(1)(v)(A), (B), (u)(3)(ii), (v)(1)(i) and Appendix B 
corrected..........................................................31981
    (a)(8)(ii), (h)(1)(ii)(A) and Appendix B corrected......39774, 39775
52.742  Added; eff. 7-30-90........................................26909
52.770  (c)(83) added..............................................18604
    (c)(84) and (85) added.........................................31051
    (c)(86) added..................................................34261
    (c)(76) added..................................................36635
    (c)(80) added..................................................39151
52.773  (d) and (e) removed; (j) added.............................31052
52.776  (n) added; eff. 8-13-90....................................23932
52.786  (h) removed................................................31052
52.820  (c)(49)(i)(A) and (50)(i)(A) correctly revised; eff. 8-28-
        90.........................................................26691
    (c)(52) added; eff. 8-28-90....................................26690
    Correctly designated...........................................26691

[[Page 1107]]

52.870  (c)(25) added...............................................1422
52.879  Table revised...............................................1422
52.881  Added.......................................................1423
52.920  (c)(64) added...............................................3594
    (c)(59) revised.................................................3593
    (c)(66) added...................................................4171
    (c)(67) added..................................................20269
52.935  Added.......................................................4172
52.970  (c)(54) added...............................................3598
    Second (c)(46) correctly removed...............................21547
    (c)(55) added..................................................29205
    (c)(56) added..................................................36811
52.979  Revised.....................................................1023
52.1020  (c)(25) added.............................................20602
52.1031  Table amended.............................................20603
52.1070  (c)(87) added.............................................20272
52.1118  Added.....................................................20272
52.1120  (c)(77) added..............................................5449
    (c)(79)added....................................................5989
    (c)(83) added..................................................14832
    (c)(85) added..................................................31589
    (c)(86) added..................................................31592
    (c)(87) added..................................................34915
52.1167  Table amended............5449, 5990, 14832, 31590, 31592, 34915
52.1173  (d) added.................................................17752
52.1230  (c) added; eff. 7-23-90...................................21022
52.1270  (c)(21) added.............................................41692
52.1280  (a) and (b) removed; (c) redesignated as (a)..............41692
52.1320  (c)(69) added...............................................736
    (c)(65) and (70) revised; (c)(71) added.........................7713
    (c)(72) added..................................................46206
52.1323  (b), (c), and (d) added....................................7713
    (e) added......................................................46206
52.1370  (c)(19) added; eff. 7-31-90...............................22333
    (c)(22) added..................................................36813
52.1382  (d) correctly designated..................................19262
    (d) removed; eff. 7-31-90......................................22333
52.1388  Correctly designated......................................19262
52.1489  Added; eff. 7-2-90........................................18111
52.1570  (c)(44) added; eff. 8-28-90...............................26688
52.1605  Table amended; eff. 8-28-90...............................26689
52.1620  (c)(40) added; eff. 7-5-90................................22785
    (c)(41) added..................................................34015
52.1628  Revised; eff. 7-5-90......................................22785
52.1630  Table revised.............................................34016
52.1634  Revised...................................................34016
52.1639  Added.....................................................34016
52.1770  (c)(61) added..............................................1420
    (c)(63) added...................................................9127
    (c)(64) added; eff. 8-13-90....................................23736
52.1820  (c)(19) added.............................................32405
52.1870  (c)(73)(i)(A)(3) revised..................................19882
    (c)(87) added..................................................46208
    (c)(89) added..................................................49894
52.1880  (h) added.................................................11371
    (d)(1) removed and (i) added...................................29846
52.1885  (m) added.................................................14973
    (n) added......................................................39272
52.1887  (d) revised...............................................17752
52.1920  (c)(36) added; eff. 8-13-90...............................23734
    (c)(37) added; eff. 8-28-90....................................26687
    (c)(34) added..................................................33907
    (c)(35) added..................................................42188
52.2020  (c)(71) and (72) added....................................20268
52.2070  (c)(36) added.............................................35625
    (c)(35) added..................................................36638
52.2081  Table amended......................................35625, 36638
52.2120  (c)(33) added.............................................27228
52.2182  Added.....................................................40834
52.2220  (c)(99) added..............................................5986
    (c)(91)(ii) correctly designated...............................18726
    (c)(100) added; eff. 7-9-90....................................19068
    (c)(101) added; eff. 7-16-90...................................20273
52.2222  (c) correctly designated..................................18726
52.2270  (c)(70) added.............................................13906
    (c)(51) through (55) redesignated as (c)(52) through (56); 
second (c)(32), (50), and (66) redesignated as (c)(34), (51), and 
(67)...............................................................21547
    (c)(72) added..................................................31587
    (c)(71) added..................................................36633
    (c)(74) added..................................................41525
52.2420  (c)(92) added.............................................33905
52.2534  Added.....................................................21752
52.2570  (c)(44) added..............................................3403
    (c)(55) added..................................................11185
    (c)(57) added..................................................12829
    (c)(59) added..................................................49619
52.2584  (b) added.................................................33120
52.2620  (c)(20) added.............................................28199

                                  1991

40 CFR
                                                                   56 FR
                                                                    Page
Chapter I
52  Authority delegation notices....................................4944

[[Page 1108]]

    Petitions denied...............................................14862
    State implementation plan determinations.......................28086
52  State implementation plan determinations.........52476, 54789, 65441
    Authority delegation notice....................................67197
52.21  (b)(23)(i) amended; eff. 8-12-91.............................5506
52.50  (c)(53) added...............................................32514
52.63  Added.......................................................32514
52.70  (c)(16) added...............................................19287
    (c)(17) added..................................................43085
52.75  Revised.....................................................19287
52.96  (a) revised.................................................19288
52.120  (c)(63), (65)(i)(A)(2) and (66)(i)(D) added.................3221
52.124  Added.......................................................5478
52.136  Added.......................................................5478
52.137  Added.......................................................5482
52.138  Added.......................................................5485
52.145  (d) added..................................................50186
52.170  (c)(28) added..............................................20139
52.181  Revised....................................................20139
52.220  (c)(177)(D) added..........................................15287
    (c)(184) added.................................................41285
52.237  (a)(4) and (5) revised......................................2853
52.320  (c)(49) added..............................................11674
    (c)(51) added..................................................12851
    (c)(53) added..................................................15500
52.370  (c)(58) added..............................................52210
52.420  (c)(42) added..............................................13078
52.520  (c)(70) added..............................................11675
    (c)(72) added..................................................51984
52.531  Added......................................................51984
52.741  (z) added....................................................462
    (z) revised....................................................24723
    (z)(2) added...................................................33712
    (z)(3) added...................................................33714
    (z)(1) amended; (z)(4) added...................................58503
52.820  (c)(53) added...............................................5758
    (c)(54) added..................................................56159
    (c)(55) added..................................................60925
52.970  (c)(57) added..............................................20139
52.986  Revised....................................................20139
52.1070  (c)(88) added.............................................23808
52.1073  (e) added.................................................23808
52.1120  (c)(89) added..............................................6569
    (c)(88) added...................................................8132
    (c)(90) added..................................................11675
52.1167  Table amended..........................6569, 8132, 11677, 50660
52.1320  (c)(73) added..............................................5653
    (c)(75) added...................................................9173
    (c)(74) added..................................................15501
    (c)(78) added..................................................33715
52.1370  (c)(24) added; eff. 7-23-91...............................23809
52.1420  (c)(38) added.............................................30336
    (c)(39) added..................................................50516
52.1520  (c)(41) added.............................................40253
    (c)(43) added; eff. 7-15-91....................................27198
    (c)(44) added..................................................64704
52.1525  Table amended; eff. 7-15-91........................27199, 40253
52.1570  (c)(46) added.............................................12451
    (c)(48) added..................................................50518
52.1605  Table amended......................................12452, 50518
52.1620  (c)(43) added.............................................32512
(c)(45) added.......................................................9175
    (c)(46) added..................................................20140
    (c)(44) added..................................................57494
52.1623  Removed...................................................57495
52.1634  Revised...................................................20140
52.1639  Revised...................................................38074
52.1670  (c)(82) added.............................................12453
    (c)(83) added..................................................37477
52.1673  (b) removed...............................................12453
52.1675  (f) table amended; (h) revised............................37477
52.1679  Table amended.............................................12454
52.1683  Revised...................................................41463
52.1770  (c)(65) added.............................................20142
    (c)(41) removed................................................23227
52.1820  (c)(20) added.............................................12849
    (c)(21) added; eff. 8-19-91....................................28324
52.1920  (c)(39) added..............................................3781
    (c)(38) added...................................................5655
    (c)(41) added..................................................33717
    (c)(40) added..................................................37654
52.1925  Table revised..............................................5655
52.1929  Revised....................................................5656
52.1934  Added......................................................5656
52.1970  (c)(88) added.............................................18516
    (c)(90) added..................................................19289
    (c)(87) added..................................................36007
    (c)(85) and (91) added.........................................46556
52.1977  Added.....................................................36007
    Revised........................................................46556
52.2070  (c)(37) added.............................................49415
    (c)(38) added..................................................50515
52.2081  Table amended.............................................49415
    Table amended..................................................50515
52.2220  (c)(103) added............................................10173
    (c)(104) added.................................................45897
52.2225  Added.....................................................10173
52.2270  (c)(69) added.............................................40256
    (c)(75) added..................................................46119
52.2301  Added.....................................................40257
52.2320  (c)(23) added; eff. 8-26-91...............................29438

[[Page 1109]]

52.2370  (c)(20) added..............................................9177
52.2381  Table amended..............................................9177
52.2420  (c)(93) added.............................................56160
52.2470  (c)(37) added; eff. 7-29-91...............................24136
52.2476  Added; eff. 7-29-91.......................................24136
52.2479  Revised; eff. 7-29-91.....................................24136
52.2497  (c) added.................................................14862
52.2520  (c)(24) added.............................................18734
52.2570  (c)(60) added.............................................56469
52.2620  (c)(21) added; eff. 7-23-91...............................23811
    (c)(21)(i) corrected...........................................28589

                                  1992

40 CFR
                                                                   57 FR
                                                                    Page
Chapter I
52  Authority citation revised................27936, 27939, 27942, 32336
    State implementation plan determination.................44689, 45715
    Authority delegation notice....................................54931
52.21  (b)(30) revised..............................................3946
    (b)(21)(iv) revised; (b)(2)(iii)(h) through (k), (21)(v) and 
(31) through (38) added............................................32336
52.24  (f)(18) revised..............................................3946
    (f)(13)(iv) revised; (f)(5)(iii)(h), (i), (13)(v) and (19) 
through (24) added.................................................32337
52.50  (c)(58) added; eff. 8-10-92.................................24370
52.65  Added; eff. 8-10-92.........................................24370
52.120  (c)(67) added................................................355
    (c)(68) added...................................................8271
52.136  Removed.....................................................8271
52.137  Removed.....................................................8271
52.220  (c)(183) and (184)(i)(B) added.............................10138
    (c)(185) added.................................................15029
    (c)(177)(E) added; eff. 7-10-92................................24550
    (c)(183)(i)(C), (185)(i)(A)(2), (B)(2) and (187) added; eff. 
8-24-92............................................................28090
    (c)(183)(i)(B)(2), (184)(i)(B)(2), (C)(1), (185)(i)(A)(3) and 
(C)(2) added.......................................................35759
    (c)(182), (183)(i)(A)(2), (184)(i)(B)(2)  added................48459
52.320  (c)(54) added; eff. 7-17-92................................27000
    (c)(58) added; eff. 7-24-92....................................28092
    (c)(55) added; eff. 8-25-92....................................28617
    Regulation at 57 FR 28617 withdrawn............................36004
    (c)(57) added..................................................40333
    (c)(56) added..................................................54511
52.329  (a)(1), (2) and (3) revised; (a)(4) removed; eff. 7-17-92 
                                                                   27000
52.343  (a)(1), (3) and (8) revised; eff. 7-17-92..................27000
52.370  (c)(61) added..............................................10140
    (c)(59) added..................................................54705
52.420  (c)(43) added................................................353
    (c)(44) added..................................................53566
52.470  (c)(27) added..............................................34251
52.472  (d) added..................................................34251
52.520  (c)(73) added...............................................7552
    (c)(69) added; eff. 8-10-92....................................24371
    (c)(74) added; eff. 8-10-92....................................24379
52.570  (c)(40) added; eff. 8-10-92................................24373
    (c)(37) added..................................................46781
    (c)(38) added..................................................58991
52.720  (c)(83) added..............................................10142
    (c)(83) removed................................................24957
    (c)(86) added; eff. 7-26-92....................................28618
    (c)(90) added..................................................37104
    (c)(88) added..................................................40128
    (c)(87) added..................................................40335
    (c)(84) and (85) added.........................................59935
    (c)(94) added..................................................61837
52.736  (a) removed; (b) added.....................................59935
52.737  Added......................................................59936
52.741  (a)(3) amended..............................................3946
    (z)(3) revised..................................................7550
    (z)(1) and (4) revised.........................................27936
    (z)(5) added...................................................38616
52.770  (c)(87) added...............................................8086
    (c)(81) added..................................................42892
52.777  (c)(2) added................................................8086
52.820  (c)(56) added...............................................2473
52.870  (c)(26) added; eff. 7-23-92................................27939
52.873  Existing text designated as (a); (b) added; eff. 7-23-92 
                                                                   27939
52.970  (c)(58) added...............................................8076
52.1020  (c)(30) added..............................................3948
52.1031  Table amended..............................................3948
52.1070  (c)(89) added; eff. 8-24-92...............................28093
    (c)(90) added..................................................49653
52.1120  (c)(96) added.............................................46312
    (c)(92) added..................................................46315
    (c)(95) added..................................................58992
    (c)(97) added..................................................58995
52.1167  Table amended........................46312, 46316, 58993, 58996

[[Page 1110]]

52.1170  (c)(91) added; eff. 7-13-92...............................24756
52.1220  (c)(25) added.............................................46308
52.1230  (a) removed; (b) and (c) redesignated as (a) and (b)......46308
52.1270  (c)(22) added.............................................34252
52.1320  (c)(76) added..............................................8077
    (c)(77) added; eff. 7-23-92....................................27942
    (c)(80) added..................................................46779
    (c)(81) added..................................................52723
52.1323  (f) and (g) added..........................................8077
    (h) added; eff. 7-23-92........................................27942
52.1384  Revised...................................................57347
    Existing text designated as (a); (b) added.....................60486
52.1520  (c)(45) added.............................................36605
52.1525  Table revised.............................................36605
52.1526  Removed...................................................36607
52.1527  (b) revised...............................................36607
52.1530  Removed...................................................36607
52.1570  (c)(47) added.............................................42893
    (c)(49) added..................................................53441
52.1605  Amended............................................42893, 53441
52.1820  (c)(22) added; eff. 8-25-92...............................28620
52.1824  (c) added; eff. 8-25-92...................................28620
52.1870  (c)(68) added..............................................3013
52.1920  (c)(42) added..............................................8080
52.1970  (c)(92) added; eff. 8-10-92...............................24374
    (c)(89) added..................................................37467
    (c)(94) added..................................................37468
    (c)(93) added..................................................37469
    (c)(95) added..................................................37471
    (c)(65) revised................................................37474
52.1977  Added; eff. 8-10-92.......................................24375
    Revised........................................................37471
52.2020  (c)(73) added.............................................42895
    (c)(74) added..................................................43906
    (c)(76) added..................................................52722
52.2070  Clarification..............................................4367
52.2081  Clarification..............................................4367
52.2120  (c)(34) added..............................................4160
    (c)(36) added..................................................59302
52.2126  Added......................................................4161
52.2220  (c)(105) added; eff. 8-25-92..............................28626
    (c)(106) added.................................................40337
52.2225  (a) introductory text and (1) revised; eff. 8-25-92.......28626
52.2270  (c)(73) added; eff. 7-24-92...............................28098
    (c)(77) added..................................................44126
52.2303  Revised; eff. 7-24-92.....................................28098
52.2320  (c)(24) added; eff. 8-25-92...............................28624
52.2420  (c)(77) removed............................................3011
    (c)(95) added...................................................8082
    (c)(96) added...................................................9389
    (c)(97) added; eff. 7-6-92.....................................19379
    (c)(72) removed; eff. 8-17-92..................................27182
    (c)(97) removed................................................35760
    (c)(97) added..................................................48460
52.2423  (h) added..................................................3011
    (i) added; eff. 8-17-92........................................27182
52.2520  (c)(25) added.............................................42896
52.2570  (c)(62) added.............................................46310
    (c)(64) added..................................................53444

                                  1993

40 CFR
                                                                   58 FR
                                                                    Page
Chapter I
52  Authority citation revised; eff. 8-19-93.......................38883
    Authority delegation notice....................................43798
      Technical correction............................6056, 34904, 61143
    State implementation plan determinations.........6606, 11967, 28361, 
                  33340, 33914, 41430, 42671, 50516, 52237, 64678, 65286
    OMB number.....................................................34370
52.21  (b)(3)(iv), (c) table, (p)(5) table and (i)(8)(i) revised; 
        (f) removed; (b)(14)(iv), (15)(iii) and (i)(13) added; 
        eff. 6-3-94................................................31637
    (l)(1) revised; (l)(2) amended; eff. 8-19-93...................38883
52.50  (c)(60) added...............................................25567
    (c)(61) added..................................................45440
    (c)(56) and (57) added.........................................50266
52.219  Added......................................................62533
52.220  (c)(183)(i)(D)(1), (184)(i)(A)(2), (186)(i)(A)(1) added.....8546
    (c)(187)(i)(A)(2) added........................................15284
    (c)(183)(i)(A)(4), (C)(2), (185)(i)(A)(5), (C)(4), (D)(1) and 
(187)(i)(A)(3) added...............................................28356
    (c)(182)(i)(B)(4) added........................................28357
    (c)(183)(i)(A)(3) and (185)(i)(A)(6) added.....................28359
    Regulation at 58 FR 15284 withdrawn............................28926
    (c)(182)(i)(B)(2) and (183)(i)(A)(7) added; eff. 7-16-93.......33196
    (c)(183)(i)(A)(5) and (C)(3) added; eff. 7-16-93...............33197

[[Page 1111]]

    (c)(184)(i)(D)(1), (185)(i)(A)(4) and (C)(3) added; eff. 7-30-
93.................................................................34906
    (c)(183)(i)(A)(10) added; eff. 8-2-93..........................34907
    (c)(182)(i)(B)(5), (183)(i)(A)(9), (F), and (185)(i)(B)(4) 
added..............................................................37423
    (c)(183)(i)(A)(11), (C)(4) and (185)(i)(C)(6) added............45442
    (c)(179)(i)(C), (182)(i)(B)(3), (i)(C) and (183)(i)(E)(2) 
added..............................................................45443
    (c)(182)(i)(A)(2) added........................................45445
    (c)(182)(i)(A)(3) and (185)(i)(B)(5) added.....................45447
    (c)(183)(i)(A)(6) added........................................47832
    (c)(184)(i)(B)(3) added........................................50851
    (c)(181) added.................................................64158
    (c)(182)(i)(D) added...........................................66282
    (c)(188) and (189) added.......................................66283
    (c)(188)(i)(B) added...........................................66285
    (c)(188)(i)(C), (189)(i)(A)(2) and (193) added.................66286
    (c)(188)(i)(D), (189)(i)(A)(3) and (191) added.................66287
52.320  (c)(59) added..............................................50270
52.329  (a)(3) removed.............................................50271
52.332  Added......................................................68038
52.346  Added......................................................49435
52.370  (c)(56) added..............................................10963
    (c)(62) added..................................................65932
52.382  Revised....................................................10964
52.420  (c)(45) added..............................................40066
52.422  Existing text designated as (a); (b) added.................50848
52.520  (c)(75) added..............................................15278
    (c)(59) added..................................................21543
    Regulation at 58 FR 21543 withdrawn............................33769
    (c)(76) added..................................................37660
52.531  Removed....................................................37660
52.570  (c)(42) added...............................................6095
52.670  (c)(26) and (27) added.....................................39447
52.679  Revised....................................................39448
52.681  Revised....................................................39450
52.683  Revised....................................................39450
52.720  (c)(93) added...............................................3844
    (c)(92) added...................................................3846
    (c)(89) added..................................................17783
    (c)(96) added..................................................45450
    (c)(97) added..................................................47382
    (c)(98) added..................................................48314
    (c)(95) added..................................................54294
52.726  (f) added...................................................3844
52.741  (z)(5) revised.............................................31653
    (a)(3) amended; (e)(1)(i)(J)(4) revised; (e)(1)(i)(J)(5) 
added; eff. 8-30-93................................................34908
52.743  Added......................................................17783
52.744  Added......................................................45451
52.770  (c)(90) added; eff. 7-16-93................................33203
    (c)(88) added..................................................43083
52.776  (o) added..................................................18161
52.786  (h) added..................................................62535
52.798  Added......................................................46544
52.820  (c)(55) revised.............................................6093
    (c)(57) added; eff. 7-12-93....................................27940
    (c)(58) added..................................................50268
52.870  (c)(27) added...............................................3848
52.884  (a)(2) and (3) removed......................................3848
52.920  (c)(68) added..............................................54521
52.934  Added......................................................54522
52.970  (c)(59) added..............................................38060
52.1020  (c)(26) and (27) added....................................15429
    (c)(32) added..................................................15282
    (c)(31) added; eff. 8-20-93....................................33768
52.1031  Table amended...............................15282, 15430, 33768
52.1033  (a) and (b) revised.......................................15431
52.1070  (c)(92) added.............................................18011
    (c)(97) added; eff. 7-19-93....................................28927
    (c)(93) through (96) added.....................................40062
    (c)(98) added..................................................63086
52.1073  (f) added.................................................50848
52.1120  (c)(93) added..............................................3494
    (c)(84) added..................................................10969
    (c)(94) added..................................................14157
    (c)(58) added; eff. 7-30-93....................................34910
    (c)(98) added..................................................48317
52.1167  Table amended.........................3495, 10970, 14157, 48318
    Table amended; eff. 7-30-93....................................34911
52.1170  (c)(92) added.............................................28361
52.1174  (b) added; eff. 8-23-93...................................34228
    Regulation at 58 FR 34227 withdrawn............................44456
52.1220  (c)(26) added.............................................15433
    (c)(27) added; eff. 8-27-93....................................34532
52.1222  Added.....................................................15434
52.1320  (c)(84) added.............................................45452
    (c)(82) added..................................................57566
52.1370  (c)(25) added..............................................5297
    (c)(28) added..................................................64160
    (c)(26) added..................................................67326
52.1420  (c)(40) added.............................................45454
52.1520  (c)(46) added..............................................4904
    (c)(47) added..................................................29974
52.1525  Table amended.......................................4904, 29974
52.1570  (c)(50) added; eff. 7-26-93...............................29977

[[Page 1112]]

52.1605  Table amended; eff. 7-26-93...............................29977
52.1620  (c)(49) added.............................................10972
    (c)(47) added..................................................10980
    (c)(48) added; eff. 7-12-93....................................27939
    (c)(50) added..................................................47385
    (c)(52) added..................................................62539
    (c)(51) added..................................................67329
    (c)(53) added..................................................67333
52.1634  Revised...................................................67333
52.1636  Revised...................................................67334
52.1670  (c)(84) added.............................................40058
    (c)(85) added..................................................40064
    (c)(86) added..................................................50852
52.1679  Table amended......................................40059, 40065
52.1770  (c)(66) added.............................................47396
52.1820  (c)(23) added..............................................5297
    (c)(24) added..................................................54043
52.1870  (c)(91) added.............................................15280
    (c)(83) added..................................................47214
    (c)(94) added..................................................54516
    (c)(95) added..................................................65934
52.1879  (e) removed...............................................47214
52.1881  (b)(35)(vi) and (38)(iii) revised; eff. 7-8-93............32060
    (b)(23) revised................................................46869
52.1882  (l) added.................................................46871
52.1920  (c)(43) added.............................................38062
52.1970  (c)(97) added.............................................10974
    (c)(98) added; eff. 8-3-93.....................................31655
    (c)(96) added..................................................47387
    (c)(100) added.................................................50850
    (c)(101) added.................................................64164
    (c)(99) added..................................................65936
52.1977  Revised...................................................47387
52.1987  Revised...................................................47391
52.1988  (b) revised...............................................47391
52.2020  (c)(77) added.............................................19067
    (c)(78) added..................................................17780
    (c)(79) added..................................................28364
    (c)(82) added; eff. 8-16-93....................................33194
    (c)(80) added; eff. 8-16-93....................................33199
    (c)(83) added; eff. 8-16-93....................................33201
    (c)(75) added; eff. 8-16-93....................................33205
    (c)(81) added; eff. 8-30-93....................................34913
    (c)(84) added..................................................50518
    (c)(87) added..................................................53885
    (c)(85) added..................................................57563
52.2070  (c)(39) added.............................................65932
52.2081  Table amended.............................................65933
52.2170  (c)(13) added..............................................5297
    (c)(14) added..................................................37425
52.2183  Added.....................................................37426
52.2220  (c)(108) added............................................10981
    (c)(107) added.................................................18014
    (c)(109) added.................................................25777
    (c)(110) added.................................................25779
    (c)(111) added.................................................50273
52.2270  (c)(76) added.............................................45456
52.2420  (c)(94) added.............................................10983
    (c)(89) added..................................................11376
    (c)(90) added; eff. 7-16-93....................................33207
    (c)(98) added..................................................45459
52.2423  (f) revised...............................................11377
    (j) added......................................................50848
52.2470  (c)(38) added..............................................4580
    (c)(39) added..................................................37427
    (c)(41) added..................................................40057
    (c)(40) added..................................................40060
52.2479  Revised...................................................37427
52.2520  (c)(29) added; eff. 7-19-93...............................28925
    (c)(28) added; eff. 8-27-93....................................34528
52.2560  Added.....................................................48312
52.2570  (c)(63) added.............................................29546
    (c)(63)(ii)(B) added; eff. 7-23-93.............................29786
    (c)(63)(ii)(A) added; eff. 7-23-93.............................29790
    (c)(65) added; eff. 8-27-93....................................34529
52.2570  (c)(69) added.............................................43082
    (c)(70) added..................................................64157
52.2575  (b)(2) added; eff. 7-23-93................................29786
    (b)(1) added; eff. 7-23-93.....................................29790
52.2585  (c) added; eff. 8-23-93...................................34226
    (d) added; eff. 8-23-93........................................34227

                                  1994

40 CFR
                                                                   59 FR
                                                                    Page
Chapter I
52  Authority citation revised.....................................39859
    Authority  delegation notice...................................26129
    State implementation plan determinations.........8867, 18753, 24054, 
         44938, 45230, 45231, 45233, 45746, 50844, 60318, 63045, 63723, 
                                                                   63724
    Technical correction..............................2649, 49004, 64612
52.30  Added........................................................1484
52.31  Added.......................................................39859
52.50  (c)(63)  added...............................................5332
    (c)(65) added..................................................39684
    (c)(64) added..................................................52916
    (c)(62) added..................................................54388
52.70  (c)(18)  added..............................................13886
52.120  (c)(69) added..............................................54522
52.220  (c)(185)(i)(C)(5)  and (187)(i)(A)(4) added.................2536

[[Page 1113]]

    (c)(187)(i)(A)(2)  added........................................5725
    (c)(192)  added................................................16140
    (c)(189)(i)(A)(4)  and (193)(i)(A)(2) added....................17698
    (c)(188)(i)(F)  added; eff. 7-11-94............................29732
    (c)(183)(i)(F)(2),  (186)(i)(B) and (C) added; eff. 7-25-94....32355
    (c)(186)(i)(D)(1) and (189)(i)(B)(1) added.....................39691
    (c)(192)(i)(A)(2) added........................................39692
    (c)(182)(i)(A)(4) and (189)(i)(B)(2) added.....................42165
    (c)(197) added.................................................43754
    (c)(6) and (183)(i)(A)(2) revised; (c)(41)(ii)(A)(i) added.....44324
    (c)(198) added.................................................44330
    (c)(196) added.................................................47546
    (c)(188)(i)(A)(2) added........................................48175
    (c)(184)(i)(B)(4), (187)(i)(B), (189)(i)(A)(5), (190) and 
(192)(i)(A)(3) added...............................................50499
    (c)(194)(i)(B) and (C) added...................................61546
    (c)(199)(i)(A)(1) added........................................63723
    (c)(183)(i)(C)(5), (184)(i)(E) and (188)(i)(D)(2) added........64131
    (c)(188)(i)(A)(3) added........................................64132
    (c)(183)(i)(A)(12), (187)(i)(A)(5), (C) and (195) added........64133
    (c)(194) added.................................................64332
    (c)(198)(i)(B) added...........................................64338
    (c)(186)(i)(D)(2) and (194)(i)(A)(2) added.....................64339
52.320  (c)(62)  added.............................................26128
    (c)(32) and (38) revised.......................................35036
    (c)(61) and (67) added.........................................37701
    (c)(66) added..................................................42505
    (c)(65) added..................................................47095
    (c)(68) added..................................................47810
    (c)(60) added..................................................51379
    (c)(69) added..................................................55585
    (c)(64) added..................................................64335
52.329  (a)(1) and (2) removed; (a) revised........................42506
    (a) revised....................................................64336
52.332  Existing  text designated as (a); (b) added................26128
    (c)  added; eff. 7-11-94.......................................29734
    (e) added......................................................47095
    (d) added......................................................64336
52.343  (a)(1), (2) (3), (6), (7) and (8) removed; (a)(4), (5), 
        (9) and (10) redesignated as (a)(1), (2), (3) and (4)......42506
52.344  (a) revised................................................51379
52.347  Added.......................................................4004
52.370  (c)(63)  added..............................................2532
    (c)(65)  added; eff. 7-18-94...................................26126
52.420  (c)(47)  added.............................................16142
    (c)(50)  added; eff. 7-11-94...................................29957
52.460  Added......................................................25572
52.510  Added......................................................42168
52.520  (c)(80)  added..............................................8544
    (c)(79)  added.................................................13884
    (c)(83)  added.................................................17697
    Regulation  at 59 FR 8544 withdrawn............................21664
    (c)(82) added..................................................45978
    (c)(85) added..................................................46176
    (c)(87) added..................................................46553
    (c)(84) added..................................................51383
    (c)(78) added..................................................52918
52.582  Added......................................................46178
52.670  (c)(28) added..............................................43751
    (c)(30) added..................................................47804
    (c)(29) added..................................................61549
52.719  Added......................................................59656
52.720  (c)(99)  added..............................................4003
    (c)(37)  and (46) redesignated as (c)(43) and (47)..............5955
    (c)(103) added.................................................39688
    (c)(100) and (101) added.......................................46567
    (c)(93)(i)(B) removed..........................................64855
52.724  (g) added..................................................18753
52.726  (g) added...................................................9092
    (i) added......................................................46924
    (i) removed....................................................63255
    (f) revised....................................................64855
52.741  (e)(5) and (z)(1) revised; (e)(7) added....................14112
    (a)(2) revised.................................................46569
52.770  (c)(93)  added.............................................21945
    (c)(91)  added; eff. 8-9-94....................................29956
    (c)(92) added..................................................42509
    (c)(89) added..................................................47806
    (c)(94) added..................................................51114
    (c)(92) removed................................................55368
52.773  (i) revised................................................51114
52.776  (p) added...................................................7224
52.777  (e) added..................................................12170
    (g)  added; eff. 8-19-94.......................................31548
    (f) added...............................................35054, 54395
    (g) added......................................................36703
    Regulation at 59 FR 35054 removed..............................44040
    Regulation at 59 FR 36703 removed..............................47263
    (d) revised....................................................51114
52.780  (h) added..................................................51114
52.820  (c)(59) added..............................................65718

[[Page 1114]]

52.870  (c)(28) added; eff. 7-11-94................................24646
    (c)(29) added..................................................52427
52.873  (c) added..................................................52427
52.920  (c)(69)  added; eff. 8-22-94...............................32352
    (c)(70) added..................................................55058
52.934  Revised;  eff. 8-22-94.....................................32352
52.970  (c)(61)  added.............................................14114
    (c)(60)  added.................................................23166
    (c)(63)  added; eff. 8-22-94...................................32359
    (c)(62) added..................................................50502
52.991  Added; eff. 8-22-94........................................32360
52.1019  Added.....................................................55053
52.1020  (c)(29) added.............................................12855
    (c)(33)  added; eff. 7-18-94...................................31156
52.1031  Table amended.............................................12855
    Table  amended; eff. 7-18-94...................................31157
52.1070  (c)(87)  redesignated as (c)(91)...........................2541
    (c)(99)  added..................................................8867
    (c)(100)  added................................................17700
    (c)(107)  added................................................29731
    (c)(88)  removed; (c)(101) added; eff. 7-11-94.................29958
    Regulation at 59 FR 29731 eff. date corrected to 7-11-94.......35411
    (c)(108) added.................................................46179
    (c)(103), (104) and (105) added................................46181
    (c)(109) added.................................................51518
    (c)(102) added.................................................60909
52.1110  Added; eff. 7-15-94.......................................25333
52.1119  Added.....................................................41708
52.1120  (c)(99) added.............................................38373
    (c)(101) added.................................................50498
52.1167  Table amended......................................38373, 50498
52.1170  (c)(93) added.............................................10753
    (c)(94)  added; eff. 8-2-94....................................28788
    (c)(96) added..................................................46189
    (c)(95) added..................................................47256
    (c)(97) added..................................................51381
52.1174  (b)  added................................................10753
    (c) added...............................................37947, 40828
    (d) added......................................................46190
52.1184  Added; eff. 8-2-94........................................28788
52.1219  Added.....................................................51863
52.1220  (c)(29) added..............................................7221
    Second  (c)(16) redesignated in part as (c)(17)................10078
    (c)(28)  added.................................................12168
    (c)(30)  added.................................................17706
    (c)(32)  added.................................................17707
    (c)(31)  added.................................................17709
    (c)(33)  added.................................................21941
    (c)(35) added..................................................46555
    (c)(34) added..................................................50495
    (c)(36) added..................................................52435
    (c)(37) added..................................................63255
52.1225  (a) added.................................................21941
52.1230  (a) revised................................................7222
52.1237  Added.....................................................47807
52.1270  (c)(23) added.............................................12851
    (c)(24) added..................................................47260
52.1320  (c)(83)  added............................................24648
    (c)(79) added..................................................43481
    (c)(84)(i)(A) revised..........................................45976
52.1370  (c)(30)  added.............................................2540
    (c)(27)  added..................................................2991
    (c)(29)  added.................................................11553
    (c)(31)  added.................................................17703
    (c)(33) added..................................................44632
    (c)(32) added..................................................55586
    (c)(35) added..................................................64139
52.1389  Added.....................................................10286
52.1390  Added.....................................................64139
52.1519  Added.....................................................50506
    (a)(2) added...................................................51517
52.1520  (c)(40) added.............................................42768
52.1525  Table amended.............................................42768
52.1570  (c)(51) added.............................................17935
    (c)(53) added..................................................39689
52.1582  (c) added.................................................49211
52.1605  Table amended......................................17935, 39689
52.1607  Added.....................................................34386
52.1620  (c)(54)  added............................................12172
    (c)(57)  added; eff. 7-5-94....................................23168
    (c)(58) added..................................................59652
52.1627  Revised...................................................12172
52.1628  Removed...................................................12172
52.1670  (c)(87) added.............................................39686
52.1679  Table amended.............................................39686
52.1690  Added.....................................................34386
52.1770  (c)(67)  added............................................18305
    (c)(67)  added; eff. 8-22-94...................................32365
    (c)(68)  added; eff. 8-29-94...................................33684
    (c)(67) redesignated as (c)(69)................................37162
    (c)(71) added..................................................41709
    (c)(75) added..................................................48402
    (c)(76) added..................................................52431
    (c)(72) added..................................................54389
52.1780  Added; eff. 8-22-94.......................................32365
52.1833  Added......................................................1486
52.1870  (c)(93)  added.............................................5335
    (c)(90)  added.................................................22980
    (c)(96)  added.................................................23799
    (c)(97)  added.................................................27471
    (c)(88) added..................................................46927
    (c)(100) added.................................................51866

[[Page 1115]]

    (c)(104) added.................................................52915
    (c)(37) removed................................................63255
52.1879  (f) added.................................................37949
    (f) removed....................................................46764
    (a) added......................................................48395
    (a)(12) added..................................................48405
52.1880  (d) revised...............................................27472
52.1885  (r) added.................................................37949
    (r) removed....................................................46764
    (a)(5) added...................................................48398
52.1888  Added.....................................................53589
52.1919  Added.....................................................43290
    (a)(2) added...................................................53589
52.1920  (c)(45)  added; eff. 8-22-94..............................32370
52.1935  Added; eff. 8-22-94.......................................32370
52.1970  (c)(103)  added............................................2748
    (c)(104)  added.................................................7223
    (c)(102)  added................................................13888
    (c)(106)  added; eff. 7-15-94..................................25334
    (c)(105)  added; eff. 8-29-94..................................33203
    (c)(107)  added; eff. 8-30-94..................................33920
    (c)(108) added.................................................43489
    (c)(109) added.................................................46562
    (c)(107) removed...............................................46930
52.1977  Revised;  eff. 7-15-94....................................25334
52.2020  (c)(86)  added.............................................6220
    (c)(89)  added; eff. 7-13-94...................................30304
    (c)(88) added..................................................37163
    (c)(94) added..................................................65974
52.2023  (h) added..................................................6220
    (i)  added; eff. 7-13-94.......................................30304
52.2026  Added.....................................................44937
52.2070  (c)(40) added.............................................52429
52.2081  Table amended.............................................52429
52.2120  (c)(37) added.............................................17937
52.2126  (a) revised; (b) removed..................................17937
52.2170  (c)(15) added.............................................53592
52.2178  (c) added.................................................47261
52.2219  Added.....................................................18316
52.2220  (c)(114)  added...........................................17939
    (c)(115)  added................................................18316
    (c)(121) added.................................................37943
    (c)(122) added.................................................39697
    (c)(120) added.................................................47258
    (c)(122) removed...............................................53741
    (c)(119) added.................................................54524
52.2225  (b) redesignated as (c); new (b) added....................18317
52.2228  (e) added.................................................18317
52.2270  (c)(79)  added.............................................2534
    (c)(80)  added..................................................2994
    (c)(81)  added.................................................17942
    (c)(85) added..................................................42764
    (c)(87) added..................................................43047
    (c)(82) added..................................................44039
    (c)(78) added..................................................46557
    (c)(84) added..................................................46768
    (c)(83) added..................................................47263
    (c)(90) added..................................................50504
    (c)(89) added..................................................60907
52.2303  (a) revised...............................................46557
52.2307  Added.....................................................42765
52.2308  Added..............................................41410, 60714
    Regulation at 59 FR 41410 withdrawn............................51381
52.2309  Added.....................................................55589
52.2320  (c)(25) added.............................................35044
    (c)(26) added...........................................55586, 64330
52.2348  Added......................................................1486
52.2420  (c)(99)  added............................................15118
    (c)(100)  added................................................17943
    (c)(101)  added; eff. 7-25-94..................................32354
    (c)(91) added..................................................43287
    (c)(102) added.................................................52706
52.2423  (k)  added................................................22758
52.2439  Removed; eff. 7-25-94.....................................32354
52.2460  Added......................................................5329
52.2470  (c)(42)  added.............................................2997
    (c)(47)  added; eff. 8-22-94...................................32376
    (c)(44) added..................................................39700
    (c)(43) added..................................................44327
    (c)(46) added..................................................46766
    (c)(48) added..................................................51514
    (c)(49) added..................................................54391
52.2479  Amended...................................................44327
52.2520  (c)(27) added.............................................18490
    (c)(26) added..................................................37698
    (c)(31) added..................................................45979
    (c)(30) added...........................................45984, 65720
    (c)(32) added..................................................45986
    (c)(29) and (30) correctly designated as (c)(32) and (31)......52588
    (c)(30) removed................................................55060
52.2522  (f) added.................................................37698
52.2569  Added......................................................4594
    (a)(2)  added...................................................9671
    Removed........................................................42766
52.2570  (c)(72) added.............................................40826
    (c)(73) added..................................................41711
    (c)(74) added..................................................43483
    (c)(79) added..................................................63049
52.2585  (f) added.................................................12853
    (e)added; eff. 8-15-94.........................................30705
    (c) removed....................................................42766
52.2586  Added.....................................................40826
52.2620  (c)(23) added; eff. 8-19-94...............................31551
    (c)(24)  added; eff. 7-25-94...................................32362

[[Page 1116]]

    52.2620  (c)(25) added.........................................60905
52.2732  Added.....................................................34386
52.2770  (c)(17) added.............................................18309
52.2773  Revised...................................................18309
52.2782  Added.....................................................34386

                                  1995

40 CFR
                                                                   60 FR
                                                                    Page
Chapter I
52  State implementation plan determinations...2523, 6401, 15875, 18750, 
                  19522, 19673, 31084, 34866, 36225, 55314, 55459, 63940
52.06  (c) removed.................................................33922
52.21  (l)(1) and (2) amended......................................40474
52.22  Removed.....................................................33922
52.25  Removed.....................................................33922
52.32  Added........................................................4737
52.50  (c)(66) added................................................2029
52.52  Removed.....................................................33922
52.54  Removed.....................................................33922
52.59  Removed.....................................................33922
52.70  (c)(19) added................................................8947
    (c)(21) added..................................................17237
    (c)(23) added; eff. 8-28-95....................................33730
    (c)(20) added..................................................46024
    (c)(24) added..................................................49767
    (c)(22) added..................................................54439
52.73  Removed......................................................8948
52.74  (a), (b) designation and (c) removed.........................8948
52.78  Removed.....................................................33922
52.80  Removed......................................................8948
52.82  Added.......................................................47280
52.81  Removed.....................................................33922
52.82  Removed.....................................................33922
52.84  Removed......................................................8948
52.95  Removed......................................................8948
52.120  (c)(67)(i)(B), (73), (74) and (77) added...................18020
    (c)(71) added; eff. 7-3-95.....................................21442
    (c)(75) added; eff. 7-7-95.....................................22524
    (c)(72) and (76) added; eff. 8-14-95...........................31412
    (c)(70) and (78) added.........................................46025
52.122  Removed....................................................33922
52.129  (e) and (f) removed; (g) redesignated as (e)...............33922
52.131  Removed....................................................33922
52.136  Added......................................................19515
52.143  Removed....................................................33922
52.170  (c)(31) added..............................................12695
52.173  Removed....................................................33922
52.176  Removed....................................................33922
52.182  Removed....................................................33922
52.183  Added......................................................12695
52.220  (c)(198)(ii) added............................................40
    (c)(194)(i)(D) and (E) added....................................2026
    (c)(191)(i)(B) added............................................4563
    (c)(198)(i)(D) added............................................5582
    (c)(198)(ii) corrected..........................................7715
    (c)(185)(i)(A)(7) and (194)(i)(F) added.........................8566
    (c)(179)(i)(D) and (190)(i)(B) added............................8949
    (c)(199)(i)(A)(4) added.........................................8950
    (c)(198)(i)(C) added...........................................12123
    (c)(199)(i)(A)(3) added........................................12453
    (c)(200) added.................................................15062
    (c)(189)(i)(C), (199)(i)(A)(6) and (210) added.................15066
    (c)(202)(i)(C), (207) and (208) added..........................15242
    (c)(197)(i)(B), (199)(i)(A)(5), (202) introductory text and 
(i) added..........................................................16801
    (c)(189)(i)(A)(6) added........................................18751
    (c)(199)(i)(A)(2) added........................................20432
    (c)(211) added.................................................21047
    (c)(206) added.................................................21456
    (c)(191)(i)(C) and (198)(i)(E) added...........................21703
    (c)(205)(i)(B) and (212) added.................................27040
    (c)(214), (215) and (216) added; eff. 8-14-95..................31084
    (c)(198)(i)(C)(2) added; eff. 7-13-95..........................31086
    (c)(216)(i)(B) added; eff. 8-22-95.............................32606
    (c)(217) and (218) added; eff. 7-24-95.........................32611
    (c)(217)(i)(B) added...........................................36069
    (c)(215)(i)(A)(3), (219), (220) and (222) added................36230
    (c)(214)(i)(B), (215)(i)(A)(2) and (B) added...................40286
    (c)(223) added.................................................43017
    (c)(204) added.................................................43383
    (c)(207)(i)(B) and (C) added...................................43386
    (c)(194)(i)(A)(3), (196)(i)(B) and (202)(i)(E) added...........43714
    (c)(198)(i)(H)(1) added........................................46222
    (c)(188)(i)(D)(3), (198)(i)(C)(3), (202)(i)(C)(2), 
(208)(i)(A)(2) and (210)(i)(B) added...............................46536
    (c)(198)(ii) removed...........................................47076
    (c)(222)(i)(B) added...........................................47275
    (c)(183)(i)(A)(13) added.......................................49512

[[Page 1117]]

    (c)(193)(i)(B), (199)(i)(B), (202)(i)(D) and (207)(i)(D) added
                                                                   49775
    (c)(198)(i)(F) added...........................................54597
    (c)(225) added.................................................55314
    (c)(204)(i)(A)(5) added........................................64127
52.222  Removed....................................................33922
52.222  Added......................................................47076
52.235  Added......................................................20237
52.238  Removed....................................................33922
52.267  Removed....................................................33922
52.320  (c)(70) added..............................................28060
52.322  Removed....................................................33922
52.322  Added......................................................52315
52.325  Removed....................................................33922
52.326  Added......................................................40291
52.341  Removed....................................................33922
52.370  (c)(66) added...............................................2525
    (c)(68) added..................................................47081
    (c)(69) added..................................................55320
52.372  Removed....................................................33922
52.376  Added......................................................55320
52.379  Removed....................................................33922
52.381  Added.......................................................4737
52.420  (c)(46) and (51) added; eff. 7-3-95........................21713
    (c)(53) added..................................................38712
52.426  Removed....................................................33922
52.427  Removed....................................................33922
52.428  Removed....................................................33922
52.430  Added......................................................47084
52.431  Removed....................................................33922
52.433  Added.......................................................4737
52.470  (c)(28) added...............................................5135
    (c)(33) added; eff. 7-3-95.....................................21455
    (c)(32) added; eff. 7-25-95....................................27891
    Regulation at 60 FR 21455 withdrawn............................28339
    (c)(34) added..................................................44434
52.472  (e) added...................................................5136
    (f) added......................................................15486
52.473  Removed....................................................33922
52.480  Added......................................................47084
52.481  Removed....................................................33922
52.497  Removed....................................................33922
52.498  Added.......................................................4737
52.520  (c)(81) added.................................................45
    (c)(88) added...................................................2690
    (c)(80) added...................................................8307
    (c)(86) added..................................................10330
    (c)(89) added..................................................62753
52.523  Removed....................................................33922
52.529  Removed....................................................33922
52.570  (c)(39) added..............................................12691
    (c)(46) added..................................................45051
    (c)(48) added..................................................66150
52.574  Removed....................................................33922
52.575  Removed....................................................33922
52.577  Removed....................................................33922
52.580  Removed....................................................33922
52.622  Removed....................................................33922
52.628  Removed....................................................33922
52.629  Removed....................................................33922
52.631  Removed....................................................33922
52.670  (c)(28) introductory text revised; eff. 7-25-95............27893
52.672  Removed....................................................33922
52.677  Removed....................................................33922
52.682  Removed....................................................33922
52.688  Removed....................................................33923
52.689  Removed....................................................33923
52.720  (c)(107) added..............................................5320
    (c)(109) added.................................................15235
    (c)(106) added.................................................16803
    (c)(108) added.................................................16806
    (c)(105) added.................................................17229
    (c)(110) added; eff. 7-3-95....................................21707
    c)(111) added..................................................36063
    (c)(112) added.................................................36065
    (c)(114) added.................................................49772
    (c)(113) added.................................................49780
    (c)(116) added.................................................54806
    (c)(115) added.................................................54806
    (c)(117) added.................................................56240
52.723  Removed....................................................33923
52.724  (h) added..................................................17001
52.726  (i) added..................................................13634
    (h) added......................................................13635
    (j) added......................................................48899
52.735  Removed....................................................33923
52.741  (z)(1)(i) amended; (z)(1)(ii) and (5) removed.................41
    (x)(7) added; (z)(4) revised...................................13045
    (e)(8), (h)(6), (u)(6), (7), (v)(6), (x)(6) and (8) through 
(13) added.........................................................14900
    (u)(8) added; (z)(1) removed...................................43387
    (e)(10) added; (z)(4) removed..................................43393
    (x)(14) added..................................................43395
52.769  Introductory text revised; (b) added.......................22241
    Added..........................................................22242
52.770  (c)(92) added..............................................12700
    (c)(95) added; eff. 7-3-95.....................................21720
    (c)(99) added; eff. 7-17-95....................................31413
    (c)(96) added..................................................34859
    (c)(97) and (98) added.........................................43012
52.772  Removed....................................................33923
52.777  (j) added....................................................377
    (h) added......................................................38722

[[Page 1118]]

52.783  Removed....................................................33923
52.788  Added......................................................43012
52.792  Removed....................................................33923
52.820  (c)(60) added; eff. 8-14-95................................31092
    (c)(61) added; eff. 8-22-95....................................32603
    (c)(61) removed................................................45055
    (c)(61) added..................................................55199
52.824  Removed....................................................33923
52.827  Removed....................................................33923
52.832  Removed....................................................33923
52.870  (c)(30) added..............................................36364
52.872  Added......................................................36364
52.878  Removed....................................................33923
52.880  Removed....................................................33923
52.883  Removed....................................................33923
52.920  (c)(73) added...............................................7128
    (c)(77) added..................................................21447
    (c)(78) added; eff. 7-10-95....................................27411
    (c)(79) added; eff. 7-28-95....................................31088
    (c)(71) added; eff. 8-18-95....................................31915
    (c)(80) added..................................................33752
    (c)(72) added..................................................38707
    (c)(76) added..................................................47094
    (c)(81) added..................................................49778
52.922  Removed....................................................33923
52.929  Removed....................................................33923
52.930  (c) added; eff. 8-7-95.....................................32469
    Regulation at 60 FR 32469 withdrawn............................40101
52.937  Added......................................................21717
52.970  (c)(65) added...............................................2016
      (c)(66) added................................................54308
52.975  Added......................................................43025
    Existing text redesignated as (a); (b) added...................47285
    (c) added......................................................51360
52.979  Removed....................................................33923
52.980  Removed....................................................33923
52.992  Added.......................................................5864
52.993  Added......................................................13911
52.1020  (c)(34) added..............................................2526
    (c)(28) added...................................................2887
    (c)(35) and (36) added; eff. 7-31-95 and 8-28-95...............33733
    (c)(40) added..................................................45059
    (c)(38) added..................................................47288
    (c)(41) added..................................................66755
52.1022  Amended; eff. 8-28-95.....................................33734
52.1023  Added.....................................................29766
    (c) added......................................................66755
52.1024  Revised; eff. 7-28-95.....................................33352
52.1028  Removed...................................................33923
52.1031  Table amended........................................2526, 2887
    Table amended; eff. 8-28-95....................................33734
    Table amended...........................................45059, 66755
52.1035  Added......................................................4737
52.1070  (c)(110) through (114) added...............................2021
    (c)(117) added.................................................55326
    (c)(99) added..................................................54310
52.1072  Removed...................................................33923
52.1174  (k) removed...............................................37013
    (k) added......................................................37370
52.1075  Added.....................................................55326
52.1078  Removed...................................................33923
52.1079  Added......................................................4737
52.1080  Added.....................................................47084
52.1115  Removed...................................................33923
52.1120  (c)(100) added.............................................2017
    (c)(103) added..................................................6029
    (c)(104) added.................................................12125
    (c)(105) added.................................................17229
    (c)(108) added.................................................65242
52.1122  Removed...................................................33923
52.1124  (a) and (b) removed; (c) redesignated as (a)..............33923
52.1160  Added......................................................4737
52.1167  Table amended...................2017, 6030, 12125, 17229, 65242
52.1170  (c)(100) added.............................................3348
    (c)(101) and (102) added.......................................12477
52.1174  (j) added.................................................12451
    (h) and (i) added..............................................12477
    (e) and (f) added..............................................20649
    (k) added; eff. 7-17-95........................................28731
52.1177  Removed...................................................33923
52.1178  Removed...................................................33923
52.1220  (c)(38) added..............................................3546
    (c)(37) added; eff. 7-3-95.....................................21451
    (c)(40) added; eff. 7-24-95....................................27413
    (c)(42) added; eff. 7-31-95....................................28343
    (c)(33)(i)(A) revised; (c)(41) added; eff. 8-14-95.............31090
52.1222  Revised; eff. 7-24-95.....................................27413
52.1225  (c) and (d) removed; eff. 7-3-95..........................21451
52.1226  Removed...................................................33923
52.1229  Revised; eff. 7-15-95.....................................28343
    Removed; eff 6-29-95...........................................33923
52.1233  Added; eff. 7-3-95........................................21451
52.1235  Removed...................................................33923
52.1270  (c)(25) added; eff. 7-3-95................................21445
    (c)(26) added; eff. 7-5-95.....................................22289
52.1273  Removed...................................................33923
52.1276  Removed...................................................33923
52.1279  Removed...................................................33923
52.1320  (c)(79) introductory text corrected.......................16806

[[Page 1119]]

    (c)(87) added; eff. 7-5-95.....................................22277
    (c)(89) added..................................................39855
    (c)(88) added..................................................49342
    (c)(42) added..................................................55798
52.1323  (g) removed; (h) redesignated as (g); eff. 7-5-95.........22277
    (i) added......................................................49343
52.1328  Removed...................................................33923
52.1331  Removed...................................................33923
52.1332  Removed...................................................33923
52.1338  Removed...................................................33923
52.1370  (c)(37) added..............................................5318
    (c)(36) added..................................................15061
    (c)(39) added..................................................36721
    (c)(41) added..................................................45054
52.1381  Removed...................................................33923
52.1384  (a) removed; (c) added....................................36722
52.1386  Removed...................................................36722
52.1420  (c)(41) added...............................................375
52.1426  Removed...................................................33923
52.1431  Removed...................................................33923
52.1435  Removed...................................................33923
52.1480  Removed...................................................33923
52.1481  Removed...................................................33923
52.1519  (c)(3) added..............................................47290
52.1528  Removed...................................................33923
52.1530  Added......................................................4737
52.1570  (c)(52) added; eff. 8-21-95...............................32275
    (c)(57) added..................................................62746
52.1572  Removed...................................................33923
52.1578  (a) and (b) removed; (c) redesignated as (a)..............33923
52.1580  Removed...................................................33923
52.1582  (d) added.................................................51354
    (d) redesignated as (d)(1); (d)(2) added.......................62746
52.1583  Added......................................................4737
52.1602  Removed...................................................33923
52.1605  Table amended; eff. 8-21-95...............................32276
52.1620  (c)(59) added.............................................56244
52.1626  Removed...................................................33923
52.1630  Removed...................................................33923
52.1631  Removed...................................................33923
52.1670  (c)(88) added..............................................2025
52.1672  Removed...................................................33923
52.1674  Added......................................................4737
52.1675  (f) removed; (g) and (h) redesignated as (f) and (g)......33923
52.1679  Table amended..............................................2025
52.1682  Removed...................................................33923
52.1688  Removed...................................................33923
52.1770  (c)(77) added..............................................5138
    (c)(73) added; eff. 7-5-95.....................................22284
    (c)(79) added; eff. 7-7-95.....................................22515
    (c)(80) added; eff. 7-17-95....................................28726
    (c)(83) added..................................................34866
    (c)(74) added..................................................38710
    (c)(70) added..................................................38718
    (c)(82) added..................................................39262
    (c)(81) added..................................................46021
    (c)(86) added..................................................51924
52.1773  Removed...................................................33924
52.1776  Removed...................................................33924
52.1777  Removed...................................................33924
52.1782  Added; eff. 8-7-95........................................32469
52.1782  Regulation at 60 FR 32469 withdrawn.......................40101
52.1820  (c)(26) added.............................................43401
    (c)(27) added..................................................55798
52.1823  Removed...................................................33924
52.1827  Removed...................................................33924
52.1834  Added.....................................................43401
52.1870  (c)(103) added; (c)(104) revised..........................15241
    (c)(101) added.................................................16996
    (c)(105) added; eff. 7-3-95....................................21463
    Regulation at 60 FR 21463 withdrawn............................31917
    (c)(105) added.................................................39122
    (c)(106) added.................................................54949
    (c)(98) added..................................................55201
52.1872  Removed...................................................33924
52.1879  (f) added..................................................3766
    (e) added......................................................36060
52.1881  (b)(12) through (16), (18), (20), (22), (24), (25), (26), 
        (29) through (34), (37), (41) through (45), (47) through 
        (51), (53), (56), (57), (60), (61), (62) and (64) removed; 
        (b)(17), (19), (21), (23), (27), (28), (35), (36), (38), 
        (39), (40), (46), (52), (54), (55), (58), (59), (63) and 
        (65) redesignated as (b)(12), through (30); new (b)(19)(i) 
        through (iv), (23)(ii) through (vii), (26)(i), (ii), 
        (iii), (v), (29)(i) and (ii) removed; new (b)(19)(v), 
        (26)(iv) and (29)(iii) redesignated as (b)(19)(i), (26) 
        and (29)(i)................................................33924
52.1883  Removed...................................................33924
52.1885  (r) added..................................................3766
    (a)(5) removed..................................................5582
    (a)(5) added....................................................7455
    (s) added......................................................15056
    (b) removed....................................................15241
    (b) added; eff. 7-3-95.........................................21463

[[Page 1120]]

    (a)(5) removed; (b) revised; eff. 7-5-95.......................22295
    Regulation at 60 FR 21463 withdrawn; regulation at 60 FR 22295 
withdrawn in part..................................................31917
    (w) added; eff. 8-14-95........................................33745
    (x) added......................................................36060
    (b)(5) added...................................................39122
    (w) removed....................................................44278
    (v) added......................................................62741
52.1888  Revised...................................................55202
52.1889  Added.....................................................42045
52.1919  (a)(2) removed............................................55202
52.1925  Removed...................................................33924
52.1926  Removed...................................................33924
52.1927  Removed...................................................33924
52.1970  (c)(110) added.............................................2692
    (c)(107) added..................................................8565
    (c)(111) added.................................................37015
    (c)(112) added.................................................46029
52.1974  Removed...................................................33924
52.1975  Removed...................................................33924
52.1976  Removed...................................................33924
52.1977  Amended....................................................2692
52.1986  Removed...................................................33924
52.2020  (c)(96) added..............................................2881
    (c)(93) added...................................................8570
    (c)(98) added..................................................40294
    (c)(101) added.................................................40760
    (c)(99) added..................................................43015
    (c)(102) added.................................................46770
    (c)(102)(i)(B)(8) removed......................................55792
    (c)(106) added.................................................63939
52.2023  (j) added.................................................47085
52.2026  Removed...................................................47085
52.2035  Added.....................................................47084
52.2037  (b) added; eff. 7-10-95...................................27895
    Regulation at 60 FR 27893 withdrawn............................31081
    (b) added......................................................37018
52.2055 (c)  removed...............................................33924
52.2056  Removed...................................................33924
52.2057  Added......................................................4738
52.2060  Added......................................................1741
52.2070  (c)(42) added..............................................2526
52.2079  Added......................................................4738
52.2081  Table amended..............................................2526
52.2082  Removed...................................................33924
52.2120  (c)(38) added.............................................10325
    (c)(40) added..................................................63437
52.2122  Existing text designated as (a); (b) added................12702
52.2125  Removed...................................................33924
52.2127  Removed...................................................33924
52.2128  Removed...................................................33924
52.2129  Removed...................................................33924
52.2170  (c)(16) added.............................................46227
52.2174  Removed...................................................33924
52.2176  Removed...................................................33924
52.2184  Added.....................................................46228
52.2219  Revised...................................................10508
52.2220  (c)(122) added.............................................3354
    (c)(116) added..................................................7715
    (c)(124) added..................................................7917
    (c)(123) added.................................................10508
    (c)(117) added; eff. 7-7-95....................................22517
    (c)(126) added.................................................38700
    (c)(130) added.................................................38715
    (c)(131) added.................................................47087
    (c)(132) added.................................................66748
52.2225  (b) revised...............................................10508
52.2228  (f) added..................................................7917
    (a) and (b) removed; (c) through (f) redesignated as (a) 
through (d)........................................................33924
52.2232  Removed...................................................33924
52.2235  Added; eff. 8-7-95........................................32469
    (b) added...............................................38700, 47290
    Regulation at 60 FR 32469 withdrawn............................40101
    Added..........................................................40292
52.2236  Added.....................................................43020
52.2270  (c)(93) added.............................................12127
    (c)(88) added..................................................12440
    (c)(91) added..................................................12445
    (c)(94) added..................................................16807
    Regulation at 60 FR 16807 withdrawn............................29484
    (c)(95) added; eff. 8-18-95....................................31917
    (c)(97) added..................................................49788
    (c)(96) added..................................................56246
52.2272  Removed...................................................33924
52.2275  (e) added.................................................12459
    (d) removed....................................................33924
52.2279  Removed...................................................33924
52.2302  Removed...................................................33924
52.2308  (c) added..................................................5867
    (d) added......................................................19522
52.2320  (c)(28) added; eff. 7-5-95................................22283
    (c)(29) added; eff. 8-28-95....................................33748
52.2320  (c)(31) added.............................................55798
52.2332  Added; eff. 7-24-95.......................................30192
    Regulation at 60 FR 30192 withdrawn............................36722
    Added..........................................................36729
52.2345  Removed...................................................33924
52.2370  (c)(21) added..............................................2527
52.2379  Removed...................................................33924
52.2381  Table amended..............................................2527

[[Page 1121]]

52.2385  Added......................................................4738
52.2420  (c)(103) added; eff. 7-3-95...............................21453
    (c)(105) added.................................................43717
    (c)(106) added.................................................49769
    (c)(104) added.................................................50105
    (c)(106) removed...............................................62990
52.2422  Removed...................................................33924
52.2423  (m) and (n) added.........................................43717
52.2424  Removed...................................................33924
52.2426  Added.....................................................47084
52.2428  Removed...................................................33924
52.2429  Removed...................................................33924
52.2448  Removed...................................................33925
52.2449  Removed...................................................33925
52.2450  Added.....................................................45056
52.2453  Added......................................................4738
52.2470  (c)(50) added..............................................9780
    (c)(45) added..................................................12688
    (c)(51) added..................................................21706
    (c)(52) added; eff. 7-5-95.....................................22287
    (c)(54) added..................................................28728
    (c)(53) added..................................................33735
    (c)(55) added..................................................43713
    (c)(56) added..................................................54441
    (c)(57) added..................................................54604
    (c)(58) added..................................................54814
52.2472  Removed...................................................33925
52.2472  Added.....................................................47280
52.2475  Removed...................................................33925
52.2477  Removed...................................................33925
52.2478  Removed...................................................33925
52.2479  Revised...................................................33735
52.2481  Removed...................................................33925
52.2485  Removed...................................................33925
52.2486  Removed...................................................33925
52.2489  Removed...................................................33925
52.2490  Removed...................................................33925
52.2491  Removed...................................................33925
52.2492  Removed...................................................33925
52.2493  Removed...................................................33925
52.2494  Removed...................................................33925
52.2495  Added.....................................................28728
52.2496  Removed...................................................33925
52.2520  (c)(25) introductory text amended; (c)(33) added...........6027
    (c)(34) added..................................................39857
    (c)(36) added..................................................39861
    (c)(37) added..................................................46030
52.2522  (a) and (d) removed; (b), (c), (e) and (f) redesignated 
        as (a) through (d).........................................33925
52.2526  Removed...................................................33925
52.2531  Removed...................................................33925
52.2531  Added.....................................................39862
52.2532  Removed...................................................33925
52.2569  Added......................................................2885
52.2570  (c)(78) added..............................................2885
    (c)(75) and (76) added..........................................3543
    (c)(77) added...................................................5869
    (c)(73) revised................................................20643
    (c)(81) added; eff. 8-29-95....................................34172
    (c)(82) added..................................................38724
52.2579  Removed...................................................33925
52.2580  Removed...................................................33925
52.2582  Removed...................................................33925
52.2585  (g) added.................................................22285
    (h) added......................................................47089
52.2620  (c)(22) added.............................................47292
    (c)(26) added..................................................55798
52.2627  Removed...................................................33925
52.2631  Removed...................................................33925
52.2673  Removed...................................................33925
52.2674  Removed...................................................33925
52.2720  (c)(35) added.............................................28338
52.2723  Removed...................................................33925
52.2724  Removed...................................................33925
52.2728  Removed...................................................33925
52.2730  Removed...................................................33925
52.2776  Removed...................................................33925
52.2778  Removed...................................................33925
52.2823  Removed...................................................33925
52.2826  Removed...................................................33925
52  Appendix A removed.............................................33925

[[Page 1122]]

                                  1996

    (Regulations published from January 1, 1996 through July 1, 1996)

40 CFR
                                                                   61 FR
                                                                    Page
Chapter I
52  State implementation plan determinations....1718, 1720, 4216, 11162, 
                                               17576, 19193, 20147,33678
    Technical correction............................................7221
52.02  (d) revised.................................................16060
52.03  Removed.....................................................16061
52.16  Revised.....................................................16061
52.19  Removed.....................................................16061
52.21  (b)(23)(i) amended...........................................9918
52.50  (c)(68) added................................................5286
    (c)(69) added..................................................11138
52.70  (c)(26) added................................................5705
    (c)(25) added..................................................24715
52.74  Removed.....................................................16061
52.82  Revised; eff. 8-27-96.......................................33678
52.120  (c)(72) revised; (c)(79) and (80) added.....................3579
    (c)(77) revised; (c)(81) added..................................5286
    (c)(84) added..................................................15719
52.145  (d)(3)(v), (vi) and (vii) revised..........................14975
52.175  Removed....................................................16061
52.220  (c)(224)(i)(A)(1) added.....................................1718
    (c)(215)(i)(A)(4) and (C) added.................................3580
    (c)(188)(i)(A)(4), (193)(i)(C)(1), (194)(i)(F)(2), 
(207)(i)(C)(2) and (210)(i)(C)(1) added.............................4216
    (c)(216)(i)(A)(2) added; interim................................4219
    (c)(199)(i)(D), (202)(i)(C)(3), (214)(i)(D) and (222)(i)(C) 
added...............................................................4890
    (c)(194)(i)(F)(3) and (4) added.................................4892
    (c)(196)(i)(C), (210)(i)(D) and (222)(i)(D) added...............4894
    (c)(183)(i)(B)(3), (198)(i)(F)(2), (199)(i)(C), 
(207)(i)(C)(3), (214)(i)(C) and (225)(i)(B) added...................5290
    (c)(214)(i)(C)(2) and (221).....................................5517
    (c)(198)(i)(I) added............................................5704
    (c)(194)(i)(A)(4), (198)(i)(J), (210)(i)(C)(2), (215)(i)(B)(2) 
added...............................................................7709
    (c)(194)(i)(B)(2), (3) and (222)(i)(C)(2) added.................7994
    (c)(199)(i)(D)(2), (202)(i)(C)(4) and (216)(i)(A)(3) added.....15721
    (c)(227) added.................................................18501
    (c)(195)(i)(B), (202)(i)(E)(2) and (222)(i)(C)(3)..............18962
    (c)(198)(i)(E)(2), (J)(2), (207)(i)(B)(4), (C)(4), (D)(2), 
(215)(i)(B)(3), (D)(1), (216)(i)(A)(4), (220)(i)(B)(2), 
(225)(i)(B)(5) and (C)(2) added....................................18966
    (c)(194)(i)(C)(2) and (197)(i)(C) added........................19557
    (c)(196)(i)(C)(2), (215)(i)(A)(5) and (225)(i)(D) added; eff. 
7-5-96.............................................................20139
    (c)(214)(i)(D)(2), (E) and (225)(i)(B)(2) added; eff. 7-5-96 
                                                                   20147
    (c)(198)(i)(K)(2) added; eff. 7-8-96...........................20454
    (c)(185)(i)(A)(9), (194)(i)(G), (198)(i)(K), (207)(i)(B)(2) 
and (225)(i)(B)(3) added; eff. 8-12-96.............................29662
    (c)(226) and (228) added; eff. 8-23-96.........................32345
52.320  (c)(73) added..............................................11153
52.420  (c)(54) added...............................................2422
    (c)(52) added...................................................7418
    (c)(54)(i)(B) amended..........................................13101
    Corrected......................................................24239
52.423  Added.......................................................1841
52.470  (c)(36) added...............................................2936
52.472  (e) removed.................................................2936
52.474  Added.......................................................2936
52.520  (c)(90) added...............................................3575
    (c)(92) added...................................................6545
    (c)(94) added..................................................18260
52.570  (c)(47) added...............................................3819
    (c)(44) added...................................................3821
    (c)(43) added...................................................3824
    (c)(37)(i)(A) revised; eff. 8-26-96............................33373
52.670  (c)(31) added; eff. 7-29-96................................27023
52.676  Removed....................................................16061
52.680  Removed....................................................16061
52.684  Removed....................................................16061
52.686  Removed....................................................16061
52.691  Added......................................................20732
52.720  (c)(102) added..............................................2427
    (c)(118) added..................................................3578
    (c)(119) added..................................................5513
    (c)(124) added.................................................11142
    (c)(125) and (126) added.......................................11551
    Regulation at 61 FR 2427 withdrawn.............................12030

[[Page 1123]]

    (c)(121) added.................................................14486
    (c)(122) added.................................................15717
    (c)(127) added; eff. 7-8-96....................................20457
52.726  (k) added...................................................2437
    (l) added.......................................................5295
52.727  Removed....................................................16061
52.729  Removed....................................................16061
52.731  Removed....................................................16061
52.732  Removed....................................................16061
52.733  Removed....................................................16061
52.734  Removed....................................................16061
52.741  (a)(2) revised..............................................2428
    Regulation at 61 FR 2428 withdrawn.............................12030
52.770  (c)(100) added..............................................3582
    (c)(101) added..................................................4897
    (c)(103) added..................................................4899
    (c)(102) added.................................................11149
    (c)(104) added.................................................11556
    (c)(105) added.................................................14489
    (c)(107) added.................................................15706
    (c)(108) added; eff. 8-12-96...................................29963
    (c)(106) added; eff. 8-12-96...................................29970
52.777  (i) added...................................................2437
52.820  (c)(63) added..............................................18959
52.826  Removed....................................................16061
52.829  Removed....................................................16061
52.870  (c)(31) added..............................................18255
52.873  (a) removed; (b) redesignated as (a).......................16061
52.879  Removed....................................................16061
52.920  (c)(82) added...............................................8875
    (c)(83) added..................................................14491
    (c)(84) added; eff. 8-27-96....................................33676
52.972  Removed....................................................16061
52.978  Removed....................................................16061
52.988  Removed....................................................16061
52.992  (b) added...................................................2446
    (c) added.......................................................7221
52.995  Added; eff. 7-19-96........................................31037
52.1020  (c)(37) added..............................................5693
52.1026  Amended....................................................5694
52.1031  Table amended..............................................5693
52.1070  (c)(118) added.............................................2936
    (c)(119) added..................................................3584
    (c)(106) added..................................................7419
52.1073  (b) and (c) removed; (d), (e) and (f) redesignated as 
        (b), (c) and (d)...........................................16061
52.1075  Existing text designated as (a); (b) added.................2937
52.1082  Removed...................................................16061
52.1086  Removed...................................................16061
52.1087  Removed...................................................16061
52.1088  Removed...................................................16061
52.1101  Removed...................................................16061
52.1102  Removed...................................................16061
52.1107  Removed...................................................16061
52.1120  (c)(107) added.............................................2923
    (c)(109) added..................................................5698
    (c)(106) added.................................................11559
52.1132  Added......................................................2923
52.1167  Table amended.......................................5699, 11560
52.1170  (c)(103) added.............................................6547
    (c)(104) added..................................................7996
    (c)(106) added.................................................31848
52.1173  (e) added..................................................3817
    Regulation at 61 FR 3817 withdrawn.............................12030
52.1174  (l) added..................................................2438
    (n) added.......................................................3817
    (m) added.......................................................5696
    Regulation at 61 FR 3817 withdrawn.............................12030
    Regulation at 61 FR 5696 withdrawn.............................16229
    (o) added......................................................31849
52.1185  Added................................................3817, 5696
    Regulation at 61 FR 3817 withdrawn.............................12030
    Regulation at 61 FR 5696 withdrawn.............................16229
52.1220  (c)(43) added..............................................6549
52.1227  Removed...................................................16061
    Corrected......................................................32339
52.1270  (c)(27) added..............................................5295
52.1320  (c)(91) added..............................................4353
    (c)(92) added...................................................7714
    (c)(86) added...................................................7716
    (c)(93) added...................................................9644
    Regulation at 61 FR 4353 withdrawn.............................13777
    (c)(94) added..................................................18255
52.1323  (h) added..................................................9644
52.1324  Removed...................................................16061
52.1370  (c)(40) added.............................................11162
52.1374  Removed...................................................16061
52.1375  Revised...................................................16061
52.1376  Revised...................................................16062
52.1380  Removed...................................................11162
52.1420  (c)(43) added..............................................4901
    (c)(42) added...................................................5299
    (c)(44) added...................................................5701
52.1424  Added......................................................4901
52.1427  Added......................................................5701
52.1470  (c)(34) and (35) added.....................................4902
52.1570  (c)(58) added..............................................5302
52.1605  Table amended..............................................5302
52.1620  (c)(63) added; eff. 7-15-96...............................29973

[[Page 1124]]

    (c)(61) added; eff. 8-23-96....................................32341
52.1625  Removed...................................................16062
52.1627  Revised; eff. 7-15-96.....................................29973
52.1770  (c)(84) added..............................................3586
    (c)(87) added...................................................3587
    (c)(85) added...................................................3589
    (c)(88) added...................................................3591
    (c)(78) added...................................................5690
    (c)(90) added; eff. 7-22-96....................................25790
52.1824  (a) and (b) removed.......................................16062
52.1870  (c)(107) added.............................................9646
    (c)(102) added.................................................18257
    (c)(109) added; eff. 7-5-96....................................20142
    (c)(92) added; eff. 7-15-96....................................24459
    (c)(110) added; eff. 7-12-96...................................29663
52.1875  Revised...................................................16062
52.1878  Removed...................................................16062
52.1885  (b)(7) and (8) added.......................................3326
    (b)(6) and (u) added............................................3598
    (b)(9) and (y) added...........................................11564
    (e) through (q) removed........................................16062
    (b)(10) and (w) added..........................................20472
    (b)(9) correctly designated as (b)(10).........................31225
52.1919  Revised; eff. 7-15-96.....................................24460
    (a)(3) added; eff. 7-15-96.....................................24705
52.1920  (c)(46) added..............................................7711
    (c)(47) added..................................................15714
52.1922  Amended...................................................16062
52.1932  Removed...................................................16062
52.1970  (c)(113) added; eff. 7-15-96..............................24712
52.1973  Removed...................................................16