[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1999 Edition]
[From the U.S. Government Printing Office]


          40



          Protection of Environment



[[Page i]]

          PART 52 (Sec. 52.1019 to End)

                         Revised as of July 1, 1999

          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF JULY 1, 1999
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



[[Page ii]]






                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1999



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:

          Chapter I--Environmental Protection Agency 
          (Continued).........................................       3

  Finding Aids:

      Table of CFR Titles and Chapters........................     715

      Alphabetical List of Agencies Appearing in the CFR......     733

      List of CFR Sections Affected...........................     743



[[Page iv]]





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

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus,  40 CFR 52.1019 
                       refers to title 40, part 
                       52, section 1019.

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

[[Page v]]



                               EXPLANATION

    The 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.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The 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).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The 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.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 1999), 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.

EFFECTIVE AND EXPIRATION DATES

    Each 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.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many 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.

OBSOLETE PROVISIONS

    Provisions 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, 1949-
1963, 1964-1972, or 1973-1985, 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.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The 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.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For 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 odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
[email protected].

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO 
Customer Service call 202-512-1803.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, The United States 
Government Manual, the Federal Register, Public Laws, Weekly Compilation 
of Presidential Documents and the Privacy Act Compilation are available 
in electronic format at www.access.gpo.gov/nara (``GPO Access''). For 
more information, contact Electronic Information Dissemination Services, 
U.S. Government Printing Office. Phone 202-512-1530, or 888-293-6498 
(toll-free). E-mail, [email protected].
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public

[[Page vii]]

law numbers, Federal Register finding aids, and related information. 
Connect to NARA's web site at www.nara.gov/fedreg. The NARA site also 
contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 1999.



[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of twenty-four 
volumes. The parts in these volumes are arranged in the following order: 
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End), 
parts 53-59, part 60, parts 61-62, part 63 (63.1-63.1199), part 63 
(63.1200-End), parts 64-71, parts 72-80, parts 81-85, part 86, parts 87-
135, parts 136-149, parts 150-189, parts 190-259, parts 260-265, parts 
266-299, parts 300-399, parts 400-424, parts 425-699, parts 700-789, 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, 1999.

    Chapter I--Environmental Protection Agency appears in all twenty-
four volumes. A Pesticide Tolerance Commodity/Chemical Index appears in 
parts 150-189. A Toxic Substances Chemical--CAS Number Index appears in 
parts 700-789 and part 790 to End. Redesignation Tables appear in the 
volumes containing parts 50-51, parts 150-189, and parts 700-789. 
Regulations issued by the Council on Environmental Quality appear in the 
volume containing part 790 to End. The OMB control numbers for title 40 
appear in Sec. 9.1 of this chapter.

    For this volume, Carol Conroy was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of Frances D. 
McDonald, assisted by Alomha S. Morris.

[[Page x]]





[[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 contained in volumes 40 
CFR parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End), parts 
53-59, part 60, parts 61-62, part 63 (63.1-63.1199), part 63 (63.1200 - 
End), parts 64-71, parts 72-80, parts 81-85, part 86, and parts 87-135.

[[Page 5]]



                 SUBCHAPTER C--AIR PROGRAMS (CONTINUED)





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




                            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.
52.1035  Requirements for state implementation plan revisions relating 
          to new motor vehicles.
52.1036  Emission inventories.

                           Subpart V--Maryland

52.1070  Identification of plan.
52.1071  Classification of regions.
52.1072  Conditional approval.
52.1073  Approval status.
52.1074  Legal authority.
52.1075  1990 base year emission inventory.
52.1076  Control strategies: ozone.
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.
52.1125  Emission inventories.
52.1126  Control strategy: Sulfur oxides.
52.1127  Attainment 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--52.1178  [Reserved]
52.1179  Control Strategy: Carbon Monoxide.
52.1180  Significant deterioration of air quality.

[[Page 6]]

52.1181  Interstate pollution.
52.1182  State boards.
52.1183  Visibility protection.
52.1184  Small business stationary source technical and environmental 
          compliance assistance program.
52.1185  Control strategy: Carbon monoxide.

                          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]
52.1277  General requirements.
52.1278  Control strategy: Sulfur oxides and particulate matter.
52.1279  [Reserved]
52.1280  Significant deterioration of air quality.
52.1281  Original identification of plan section.

                          Subpart AA--Missouri

52.1319  Identification of plan--Conditional approval.
52.1320  Identification of plan.
52.1321  Classification of regions.
52.1322  Original identification of plan section.
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.
52.1340  Control strategy: Carbon monoxide.

                           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  [Reserved]
52.1390  Missoula variance provision.
52.1391  Emission inventories.

                          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  Original identification of plan section.
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  Extensions.
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.

[[Page 7]]

                        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.
52.1533  Emission inventories.

                         Subpart FF--New Jersey

52.1570  Identification of plan.
52.1571  Classification of regions.
52.1572  Extensions.
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   Conditional approval.
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.
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  Conditional approval.
52.1624-52.1626  [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.
52.1640  Original identification of plan section.

                          Subpart HH--New York

52.1670  Identification of plans.
52.1671  Classification of regions.
52.1672  Extensions.
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.
52.1783  Original identification of plan section.

                        Subpart JJ--North Dakota

52.1820  Identification of plan.
52.1821  Classification of regions.
52.1822  Approval status.
52.1823  [Reserved]

[[Page 8]]

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  [Reserved]
52.1834  Minor source permit to operate program.
52.1835  Change to approved plan.

                            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.
52.1890  Removed control measures.
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]
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  Conditional approval.
52.2027--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.
52.2061  Operating permits.
52.2062  Plan approvals.

                        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.

[[Page 9]]

52.2084  Rules and regulations.
52.2085  Stack height review.
52.2086  Emission inventories.

                       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.
52.2133  General conformity.
52.2134  Original identification of plan section.

                        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  [Reserved]
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.
52.2232  [Reserved]
52.2233  Significant deterioration of air quality.
52.2234  Visibility protection.
52.2235  Control strategy: Ozone.
52.2236  Control strategy; lead.
52.2237  NOX RACT and NOX conformity exemption.
52.2238  [Reserved]
52.2239  Original identification of plan section.

                            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.
52.2311  Motor vehicle antitampering.

                            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  National Highway Systems Designation Act Motor Vehicle 
          Inspection and Maintenance (I/M) Programs.
52.2350  Emission inventories.
52.2351  Area-wide nitrogen oxides (NOx) exemption.

                           Subpart UU--Vermont

52.2370  Identification of plan.
52.2371  Classification of regions.
52.2372  Approval status.

[[Page 10]]

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  Motor vehicle emissions budgets.
52.2425  1990 Base Year Emission Inventory.
52.2426  Photochemical Assessment Monitoring Stations (PAMS) Program.
52.2427  Source surveillance.
52.2428  Control Strategy: Carbon monoxide and ozone.
52.2429-52.2432  [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.
52.2454  Prevention of significant deterioration of air quality for 
          Merck & Co., Inc.'s Stonewall Plant in Elkton, VA.
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.
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.
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.
52.2634  Correction of approved plan.

                            Subpart AAA--Guam

52.2670  Identification of plan.

[[Page 11]]

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  EPA--approved Puerto Rico regulations.
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.

Appendices A-C to Part 52 [Reserved]
Appendix D to Part 52--Determination of Sulfur Dioxide Emissions from 
          Stationary Sources by Continuous Monitors
Appendix E to Part 52--Performance Specifications and Specification Test 
          Procedures for Monitoring Systems for Effluent Stream Gas 
          Volumetric Flow Rate
Appendix F to Part 52--Clean Air Act Section 126 Petitions From Eight 
          Northeastern States: Named Source Categories and Geographic 
          Coverage



                            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.

[[Page 12]]

    (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 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 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.

[[Page 13]]

    (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.
    (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

[[Page 14]]

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. 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.

[[Page 15]]

    (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 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.

[[Page 16]]

    (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.
    (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.

[[Page 17]]

    (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 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.
    (42) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 24, 1995.
    (i) Incorporation by reference.

[[Page 18]]

    (A) Two letters from the Maine Department of Environmental 
Protection dated July 24, 1995 submitting revisions to the Maine State 
Implementation Plan.
    (B) Chapter 100 of the Maine Department of Environmental Protection 
Regulations, ``Definitions Regulation,'' definition of ``volatile 
organic compounds (VOC)'' effective in the State of Maine on July 25, 
1995.
    (C) Chapter 112 of the Maine Department of Environmental Protection 
Regulations, ``Bulk Terminal Petroleum Liquid Transfer Requirements,'' 
effective in the State of Maine on July 25, 1995.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (43) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 24, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated July 24, 1995 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 118 of the Maine Department of Environmental Protection 
Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' effective 
in the State of Maine on July 25, 1995.
    (ii) Additional materials
    (A) Letter from the Maine Department of Environmental Protection 
dated May 6, 1996.
    (B) Nonregulatory portions of the submittal.
    (44) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on October 11, 1996.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated October 11, 1996 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 141 of the Maine Department of Environmental Protection 
Air Regulation entitled, ``Conformity of General Federal Actions,'' 
effective in the State of Maine on September 28, 1996.

[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

[[Page 19]]

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 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.

                              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 20]]



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 a specific situation consult the plan identified in 
Sec. 52.1020. To the extent

[[Page 21]]

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.
  100......  Definitions.....     7/19/95    10/15/96  61 FR 53639......  (c)(42)...  Definition of ``VOC''
                                                                                       revised.
  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 22]]

 
  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.
  112......  Gasoline Bulk        7/19/95    10/15/96  61 FR 53639......  (c)(42)...  Emission limit lowered
              Terminals.                                                               from 80 mg/l to 35 mg/l.
  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.

[[Page 23]]

 
  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.
  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.
               ..............     7/19/95    10/15/96  61 FR 53639......  (c)(43)...  Stage II vapor recovery
                                                                                       requirements added.
119........  Motor Vehicle        9/27/89     5/30/90  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.).
141........  Conformity of        9/11/96   September  62 FR 49611......  (c)(44)...  ``Chapter 141: Conformity
              General Federal                23, 1997                                  of General Federal
              Actions.                                                                 Actions''.
----------------------------------------------------------------------------------------------------------------
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; 61 FR 53639, Oct. 15, 1996; 62 FR 49611, Sept. 23, 1997]

[[Page 24]]



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]



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]



Sec. 52.1036  Emission inventories.

    (a) The Governor's designee for the State of Maine submitted 1990 
base year emission inventories for the Knox and Lincoln Counties area, 
the Lewiston and Auburn area, the Portland area, and the Hancock and 
Waldo Counties area on July 25, 1995 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 these areas.
    (b) The inventory is for the ozone precursors which are volatile 
organic compounds, nitrogen oxides, and carbon monoxide. The inventory 
covers point, area, non-road mobile, on-road mobile, and biogenic 
sources.
    (c) The Knox and Lincoln Counties nonattainment area is classified 
as moderate. The Lewiston and Auburn nonattainment area is classified as 
moderate and consists of Androscoggin and Kennebec Counties. The 
Portland nonattainment area is classified as moderate and consists of 
Cumberland, Sagadahoc and York Counties. The Hancock and Waldo Counties 
nonattainment area is classified as attainment.
    (d) The Governor's designee for the State of Maine submitted 1993 
periodic year emission inventories for the Hancock and Waldo Counties 
area on May 13, 1996 as a revision to the State Implementation Plan 
(SIP). The 1993 periodic year emission inventory requirement of section 
182(3)(A) of the Clean Air Act, as amended in 1990, has been satisfied 
for the Hancock and Waldo counties area.
    (e) On June 24, 1997, the Maine Department of Environmental 
Protection submitted a revision to establish explicit year 2006 motor 
vehicle emissions budgets [6.44 tons per summer day of VOC, and 8.85 
tons per summer day of NOX] for the Hancock and Waldo 
counties ozone maintenance area to be used in determining transportation 
conformity.

[62 FR 9086, Feb. 28, 1997, as amended at 62 FR 41277, Aug. 1, 1997]



                           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.''

[[Page 25]]

    (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 
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

[[Page 26]]

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 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

[[Page 27]]

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 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.

[[Page 28]]

    (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.
    (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.

[[Page 29]]

    (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 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

[[Page 30]]

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.
    (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).

[[Page 31]]

    (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) [Reserved]
    (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).
    (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.

[[Page 32]]

    (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) 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.

[[Page 33]]

    (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 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.

[[Page 34]]

    (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.
    (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

[[Page 35]]

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, 
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

[[Page 36]]

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.
    (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.

[[Page 37]]

    (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.
    (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

[[Page 38]]

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.
    (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

[[Page 39]]

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, 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)

[[Page 40]]

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.
    (120) Revisions to the Maryland State Implementation Plan submitted 
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 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 following amendments to COMAR 26.11.07, pertaining to open 
fires, adopted by the Secretary of the Environment on May 1, 1995, 
effective May 22, 1995:
    (1) the deletion of sections 26.11.07.01 A and B, definitions for 
the terms ``hazardous material'' and ``I.I.A. standards.''
    (2) addition of new section 26.11.07.01B, ``Terms Defined.''
    (3) addition of new sections 26.11.07.01B(1) and (2), definitions of 
the terms ``excessive lodging'' and ``forest resource management 
practices.''
    (4) renumbering of old sections 26.11.07.01C & D, now new sections 
26.11.07.01B(3) & (4).
    (5) amendments to section 26.11.07.02, pertaining to general 
provisions.
    (6) amendments to sections 26.11.07.03A, B, and B(1), pertaining to 
open fires authorized by control officers.
    (7) addition of new section 26.11.07.03C, ``Prohibition on Open 
Burning.''
    (8) amendments to section 26.11.07.04, pertaining to open fires 
authorized by public officers, including the addition of new sections 
(4)--(7).
    (9) amendments to section 26.11.07.05, pertaining to open fires 
allowed without authorization.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.07.
    (121) Revisions to the Maryland State Implementation Plan submitted 
on July 17, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 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) Amendments to COMAR 26.11.19.02A, pertaining to once-in, always-
in applicability provisions, consisting of revisions to COMAR 
26.11.19.02A(3), and the addition of new COMAR 26.11.19.02A (4) and (5), 
adopted by the Secretary of the Environment on April 7, 1995, and 
effective on May 8, 1995.
    (C) Amendments to COMAR 26.11.19.01B, consisting of the addition of 
new COMAR 26.11.19.01B(1-1), the definition for the term ``annual,'' 
adopted by the Secretary of the Environment on April 7, 1995, effective 
on May 8, 1995.
    (ii) Additional material.
    (A) Remainder of July 17, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.02A(3)-(5) and COMAR 26.11.19.01B(1-1).
    (122) Revisions to the Maryland State Implementation Plan 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 additions to Maryland's State Implementation 
Plan, pertaining to volatile organic compound regulations in Maryland's 
air quality regulations, COMAR 26.11.
    (B) Addition of new COMAR 26.11.01.01B(20-I) and new COMAR 
26.11.24.01B(9-I), definition of the term ``motor vehicle,'' adopted by 
the Secretary of the Environment on April 7, 1995, and effective on May 
8, 1995.
    (ii) Additional material.
    (A) Remainder of July 17, 1995 Maryland State submittal pertaining 
to

[[Page 41]]

COMAR 26.11.01.01B(20-I) and COMAR 26.11.24.01B(9-I), definition of the 
term ``motor vehicle.''
    (123) Revisions to the Maryland State Implementation Plan submitted 
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the 
Environment transmitting additions and deletions 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) Deletion of old COMAR 26.11.19.09 Volatile Organic Compound 
Metal Cleaning (entire regulation).
    (C) Addition of new COMAR 26.11.19.09 Control of VOC Emissions from 
Cold and Vapor Degreasing, adopted by the Secretary of the Environment 
on May 12, 1995, and effective on June 5, 1995, including the following:
    (1) Addition of new COMAR 26.11.19.09.A Definitions.
    (2) Addition of new COMAR 26.11.19.09.B Terms Defined, including 
definitions for the terms ``cold degreasing,'' ``degreasing material,'' 
``grease,'' ``halogenated substance,'' ``vapor degreasing,'' and ``VOC 
degreasing material.''
    (3) Addition of new COMAR 26.11.19.09.C Applicability.
    (4) Addition of new COMAR 26.11.19.09.D Requirements.
    (5) Addition of new COMAR 26.11.19.09.E Specifications for Cold 
Degreasing and Requirements for Vapor Degreasing.
    (6) Addition of new COMAR 26.11.19.09.F. Records.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.09 Control of VOC Emissions from Cold and Vapor 
Degreasing.
    (124) Revisions to the Maryland State Implementation Plan submitted 
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 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) Addition of new COMAR 26.11.19.23 Control of VOC Emissions from 
Vehicle Refinishing, adopted by the Secretary of the Environment on May 
1, 1995, and effective on May 22, 1995, including the following:
    (1) Addition of new COMAR 26.11.19.23A Definitions, including 
definitions for the terms ``base coat/clear coat system,'' ``controlled 
air spray system,'' ``mobile equipment,'' ``multistage coating 
equipment,'' ``precoat,'' ``pretreatment,'' ``primer sealer,'' ``primer 
surfacer,'' ``specialty coating,'' ``topcoat,'' and ``vehicle 
refinishing.''
    (2) Addition of new COMAR 26.11.19.23B. Applicability and 
Exemptions.
    (3) Addition of new COMAR 26.11.19.23C. Coating Standards and 
General Conditions.
    (4) Addition of new COMAR 26.11.19.23D. Calculations.
    (5) Addition of new COMAR 26.11.19.23E. Requirements for Specialty 
Coatings.
    (6) Addition of new COMAR 26.11.19.23F. Coating Application 
Equipment Requirements.
    (7) Addition of new COMAR 26.11.19.23G. Cleanup and Surface 
Preparation Requirements
    (8) Addition of new COMAR 26.11.19.23H. Monitoring and Records.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.23 Vehicle Refinishing.
    (125) Revisions to the Maryland State Implementation Plan submitted 
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Four letters dated July 12, 1995 from the Maryland Department of 
the Environment transmitting additions to Maryland's State 
Implementation Plan, pertaining to volatile organic compound (VOC) 
regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) Regulations:
    (1) Addition of new COMAR 26.11.19.17 Control of VOC Emissions from 
Yeast

[[Page 42]]

Manufacturing, adopted by the Secretary of the Environment on October 
14, 1994 and effective on November 7, 1994, revisions adopted by the 
Secretary of the Environment on May 12, 1995, and effective on June 5, 
1995, including the following:
    (i) Addition of new COMAR 26.11.19.17.A Definitions, including 
definitions for the terms ``fermentation batch,'' ``first generation 
fermenter,'' ``stock fermenter,'' ``trade fermenter,'' and ``yeast 
manufacturing installation.''
    (ii) Addition of new COMAR 26.11.19.17.B Applicability, Exemptions, 
and Compliance Date.
    (iii) Addition of new COMAR 26.11.19.17.C Requirements for Yeast 
Manufacturing Installations.
    (iv) Addition of new COMAR 26.11.19.17.D Determination of Compliance 
and Testing.
    (v) Addition of new COMAR 26.11.19.17.E Reporting Requirements.
    (vi) Amendment to COMAR 26.11.19.17.C(3), pertaining to limits for 
temperature and pH.
    (vii) Amendment to COMAR 26.11.19.17.D(3), pertaining to stack test 
dates.
    (2) Addition of new COMAR 26.11.19.18 Control of VOC Emissions from 
Screen Printing, adopted by the Secretary of the Environment on October 
14, 1994 and effective on November 7, 1994, revisions adopted by the 
Secretary of the Environment on May 16, 1995 and effective on June 5, 
1995, including the following:
    (i) Addition of new COMAR 26.11.19.18.A, including definitions for 
the terms ``acid/etch resist ink,'' ``anoprint ink,'' ``back-up 
coating,'' ``clear coating,'' ``conductive ink,'' ``electroluminescent 
ink,'' ``exterior illuminated sign,'' ``haze removal,'' ``ink removal,'' 
``maximum VOC content,'' ``plastic card manufacturing installation,'' 
``plywood sign coating,'' ``screen printing,'' ``screen printing 
installation,'' ``screen reclamation,'' ``specialty inks.''
    (ii) Addition of new COMAR 26.11.19.18.B Applicability.
    (iii) Addition of new COMAR 26.11.19.18.C General Requirements for 
Screen Printing.
    (iv) Addition of new COMAR 26.11.19.18.D General Requirements for 
Plywood Sign Coating.
    (v) Addition of new COMAR 26.11.19.18.E General Requirements for 
Plastic Card Manufacturing Installations.
    (vi) Addition of new COMAR 26.11.19.18.F Control of VOC Emissions 
from the Use of Specialty Inks.
    (vii) Addition of new COMAR 26.11.19.18.G Control of VOC Emissions 
from Clear Coating Operations.
    (viii) Addition of new COMAR 26.11.19.18.H Control of VOC Emissions 
from Ink and Haze Removal and Screen Reclamation.
    (ix) Addition of new COMAR 26.11.19.18.I.
    (x) Addition of new COMAR 26.11.19.18.A(17), definition for the term 
``untreated sign paper.''
    (xi) Addition of new COMAR 26.11.19.18.C(2), replacing previous 
Sec. C(2).
    (xii) Addition of new COMAR 26.11.19.18.C(3) Use of Control Devices.
    (xiii) Addition of new COMAR 26.11.19.18.E(2)(b), replacing previous 
Sec. E(2)(b).
    (xiv) Addition of new COMAR 26.11.19.18.I Record Keeping, replacing 
the previous Sec. I.
    (3) Addition of new COMAR 26.11.19.19 Control of VOC Emissions from 
Expandable Polystyrene Operations, adopted by the Secretary of the 
Environment on June 9, 1995, and effective on July 3, 1995, including 
the following:
    (i) Addition of new COMAR 26.11.19.19.A Definitions.
    (ii) Addition of new COMAR 26.11.19.19.B Terms Defined, including 
definitions for the terms ``expandable polystyrene operation (EPO),'' 
``blowing agent,'' ``preexpander,'' ``recycled expanded polystyrene,'' 
and ``reduced VOC content beads.''
    (iii) Addition of new COMAR 26.11.19.19.C Applicability.
    (iv) Addition of new COMAR 26.11.19.19.D General Requirements.
    (v) Addition of new COMAR 26.11.19.19.E Testing Requirements.
    (vi) Addition of new COMAR 26.11.19.19.F Record Keeping.
    (4) Addition of new COMAR 26.11.19.21, Control of VOC Emissions

[[Page 43]]

from Commercial Bakery Ovens, adopted by the Secretary of the 
Environment on June 9, 1995, and effective on July 3, 1995.
    (i) Addition of new COMAR 26.11.19.21.A Definitions.
    (ii) Addition of new COMAR 26.11.19.21.B Terms Defined, including 
definitions for the terms ``commercial bakery oven,'' ``fermentation 
time,'' ``yeast percentage,'' and ``Yt value.''
    (iii) Addition of new COMAR 26.11.19.21.C Applicability and 
Exemptions.
    (iv) Addition of new COMAR 26.11.19.21.D General Requirements.
    (v) Addition of new COMAR 26.11.19.21.E Use of Innovative Control 
Methods.
    (vi) Addition of new COMAR 26.11.19.21.F Reporting and Testing 
Requirements.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittals pertaining 
to COMAR 26.11.19.21, .17, .18, and .19.
    (126) Revisions to the Maryland State Implementation Plan submitted 
on July 11, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 11, 1995 from the Maryland Department of the 
Environment transmitting additions and deletions 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) Revision to COMAR 26.11.19.11 Control of VOC Emissions from 
Sheet-Fed and Web Lithographic Printing, adopted by the Secretary of the 
Environment on May 5, 1995, and effective on June 5, 1995, including the 
following:
    (1) Deletion of COMAR 26.11.19.11 title, ``Other Miscellaneous 
Printing and Coating Processes'' and addition of new title, 
``Lithographic Printing.''
    (2) Deletion of COMAR 26.11.19.11.A(4), definition for the term 
``plastic parts coating.''
    (3) Deletion of COMAR 26.11.19.11.B(1), referencing plastic parts 
coating.
    (4) Addition of new COMAR 26.11.19.11.B(1) & (3) through (6) 
Applicability.
    (5) Deletion of COMAR 26.11.19.11.C Emission Standards for Plastic 
Coating.
    (6) Addition of new COMAR 26.11.19.11.C Requirements for Sheet-Fed 
Letter or Lithographic Printing.
    (7) Addition of new COMAR 26.11.19.11.D Requirements for 
Lithographic Web Printing.
    (8) Addition of new COMAR 26.11.19.11.E Requirements for Cleaning 
Printing Equipment.
    (9) Deletion of COMAR 26.11.19.10 title, ``Graphic Arts'' and 
addition of new title, ``Flexographic and Rotogravure Printing.''
    (10) Deletion of COMAR 26.11.19.10.A(4), definition for the term 
``web printing.''
    (11) Addition of COMAR 26.11.19.01.B(8), definition for the term 
``web printing.''
    (ii) Additional Material.
    (A) Remainder of July 11, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.11 Control of VOC Emissions from Sheet-Fed and Web 
Lithographic Printing.
    (127) Revisions to the Maryland State Implementation Plan submitted 
on July 11, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 11, 1995 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) Revision to COMAR 26.11.19.07 Control of VOC Emissions from 
Paper Coating, adopted by the Secretary of the Environment on May 5, 
1995, and effective on June 5, 1995, including the following:
    (1) Addition of COMAR 26.11.19.07.A(2-1), definition for the term 
``plastic parts coating.''
    (2) Addition of COMAR 26.11.19.07.B(1), referencing paper, fabric 
and vinyl coating.
    (3) Addition of COMAR 26.11.19.07.E Emission Standards for Plastic 
Coating.
    (ii) Additional Material.
    (A) Remainder of July 11, 1995 Maryland State submittal pertaining 
to

[[Page 44]]

COMAR 26.11.19.07 Control of VOC Emissions from Paper Coating.
    (128) Revisions to the Maryland State Implementation Plan submitted 
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the 
Environment transmitting additions and deletions 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) Revisions to COMAR 26.11.19.01B(4), definition of the term 
``Major stationary source of VOC,'' adopted by the Secretary of the 
Environment on April 13, 1995, and effective on May 8, 1995.
    (ii) Additional material.
    (A) Remainder of the July 12, 1995 Maryland State submittal 
pertaining to COMAR 26.11.19.01B(4), definition of the term ``Major 
stationary source of VOC.''
    (129) [Reserved]
    (130) Revisions to the Maryland State Implementation Plan submitted 
on March 31, 1998 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of March 31, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's air quality regulation 
COMAR 26.11.13, pertaining to the control of VOC emissions from sources 
that store and handle JP-4 jet fuel adopted by the Secretary of the 
Environment on March 28, 1997 and effective August 11, 1997.
    (B) Revisions to COMAR 26.11.13.01(B)(4) the definition of 
``gasoline.''
    (ii) Additional Material: Remainder of March 31, 1998 Maryland State 
submittal pertaining to COMAR 26.11.13 control of VOCs from sources that 
store and handle JP-4 jet fuel.
    (131) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan, pertaining to volatile organic compounds in Maryland's air quality 
regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.
    (B) Revision to COMAR 26.11.19.12: Control of Volatile Organic 
Compound Emissions from Dry Cleaning Installations, adopted by the 
Secretary of the Environment on August 18, 1997, and effective on 
September 22, 1997, including the following:
    (1) Deletion of COMAR 26.11.19.12.B(1), pertaining to 
perchloroethylene dry cleaner installations applicability.
    (2) Deletion of COMAR 26.11.19.12.C, Equipment Specifications and 
Emission Standards--Perchloroethylene Dry Cleaning Installations.
    (3) Deletion of COMAR 26.11.19.12.D, Determination of Compliance--
Perchloroethylene Dry Cleaning Installations.
    (ii) Additional Material--Remainder of February 6, 1998 State 
submittal pertaining to COMAR 26.11.19.12 Control of Volatile Organic 
Compound Emissions from Dry Cleaning Installations
    (132) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan, pertaining to volatile organic compounds in Maryland's air quality 
regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.
    (B) Revision to COMAR 26.11.13.04: Control of Gasoline and Volatile 
Organic Compound Storage and Handling from Loading Operations, adopted 
by the Secretary of the Environment on July 18, 1997, and effective on 
August 11, 1997, including the following:
    (1) Deletion of COMAR 26.11.13.04.C(1)(b), pertaining to the 
applicability of this regulation to gasoline storage tanks with a 
capacity greater than 250 gallons and less than 2000 gallons.
    (2) Deletion of COMAR 26.11.13.04.C(2), Exemptions.

[[Page 45]]

    (3) Deletion of COMAR 26.11.13.04.C(4), Effective Date of Stage I 
Requirement for Certain Sources.
    (ii) Additional material--Remainder of February 6, 1998 State 
submittal pertaining to COMAR 26.11.13.04 Control of Gasoline and 
Volatile Organic Compound Storage and Handling from Loading Operations.
    (133) Limited approval of 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 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) Addition of COMAR 26.11.19.02G, Control of Major Sources of 
Volatile Organic Compounds, pertaining to major VOC source RACT 
requirements, adopted by the Secretary of the Environment on March 9, 
1991 and effective on May 8, 1991.
    (ii) Additional Material.
    (A) Remainder of the April 5, 1991 Maryland State submittal 
pertaining to COMAR 26.11.19.02G.
    (134) Limited approval of 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 and deletions 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) Revisions to COMAR 26.11.06.06, Volatile Organic Compounds, 
pertaining to minor source VOC requirements, adopted by the Secretary of 
the Environment on March 26, 1993, and effective on April 26, 1993.
    (1) Amendments to COMAR 26.11.06.06A, Applicability.
    (2) Amendments to COMAR 26.11.06.06B, Control of VOC from 
Installations.
    (C) Revisions to COMAR 26.11.19.02G, Control of Major Stationary 
Sources of Volatile Organic Compounds, pertaining to major VOC source 
RACT requirements, adopted by the Secretary of the Environment on March 
26, 1993, and effective on April 26, 1993.
    (ii) Additional Material.
    (A) Remainder of the June 8, 1993 Maryland State submittal 
pertaining to COMAR 26.11.06.06A, COMAR 26.11.06.06B, and COMAR 
26.11.19.02G.
    (135) Limited approval of revisions to the Maryland State 
Implementation Plan submitted on July 12, 1995 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the 
Environment transmitting additions and deletions 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) Revisions to COMAR 26.11.19.02G, Control of Major Stationary 
Sources of Volatile Organic Compounds, pertaining to major VOC source 
RACT requirements, adopted by the Secretary of the Environment on April 
13, 1995, and effective on May 8, 1995.
    (ii) Additional Material.
    (A) Remainder of the July 12, 1995 Maryland State submittal 
pertaining to COMAR 26.11.19.02G.
    (136) Revisions to the Maryland State Implementation Plan submitted 
on May 15, 1995 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of May 15, 1995 from the Maryland Department of the 
Environment transmitting Maryland Regulation COMAR 26.11.26.03, 
regarding General Conformity, for approval as a SIP revision.
    (B) Maryland Regulation COMAR 26.11.26.03, effective June 5, 1995.
    (ii) Additional material--Remainder of the May 15, 1995 state 
submittal pertaining to General Conformity.
    (137)-(139) [Reserved]

[[Page 46]]

    (140) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 by the Maryland department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.19, pertaining to the 
control of VOC emissions from automotive and light-duty truck coating 
operations.
    (B) Revised COMAR 26.11.19.03, effective September 22, 1997.
    (ii) Additional Material--Remainder of the February 6, 1998 State 
submittal [Revision No. 98-01].
    (141) Revisions to the Maryland State Implementation Plan submitted 
on August 28, 1998 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of August 28, 1998 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.19 pertaining to the 
control of VOCs from special processes. The revision adds a new 
regulation at COMAR 26.11.19.25 for the control of VOC compounds from 
explosives and propellant manufacturing adopted by the Secretary of the 
Environment on July 15, 1997 and effective August 11, 1997.
    (B) Revisions to COMAR 26.11.19 entitled Volatile Organic Compounds 
from Specific Processes: The addition of new regulation COMAR 
26.11.19.25 Control of Volatile Organic Compounds from Explosives and 
Propellant Manufacturing.
    (ii) Additional Material: Remainder of August 28, 1998 Maryland 
State submittal pertaining to COMAR 26.11.19.25 to control VOCs from 
sources that manufacture explosives and propellants.
    (142) Revisions to the Maryland State Implementation Plan submitted 
on February 10, 1999 and February 12, 1999 by the Maryland Department of 
the Environment:
    (i) Incorporation by reference.
    (A) Three letters dated February 10, 1998 and one letter dated 
February 12, 1999 from the Maryland Department of the Environment 
transmitting additions to Maryland's State Implementation Plan, 
pertaining to volatile organic compound (VOC) regulations in Maryland's 
air quality regulations, COMAR 26.11.
    (B) Regulations:
    (1) Addition of new COMAR 26.11.19.07-1: Control of VOC Emissions 
from Solid Resin Decorative Surface Manufacturing, adopted by the 
Secretary of the Environment on May 20, 1998 and effective on June 15, 
1998, including the following:
    (i) Addition of new COMAR 26.11.19.07-1.A Definitions, including 
definitions for the terms ``particle plant operation,'' ``related 
operations,'' ``shaped goods plant,'' and ``solid resin decorative 
surface (SRDS) operation.''
    (ii) Addition of new COMAR 26.11.19.07-1.B Applicability.
    (iii) Addition of new COMAR 26.11.19.07-1.C General Requirements for 
SRDS Operations.
    (iv) Addition of new COMAR 26.11.19.07-1.D General Requirements for 
Particle Plant Operations.
    (v) Addition of new COMAR 26.11.19.07-1.E General Requirements for 
Shaped Goods Plants.
    (vi) Addition of new COMAR 26.11.19.07-1.F General Requirements for 
Related Operations.
    (vii) Addition of new COMAR 26.11.19.07-1.G Additional Requirements 
for VOC Storage Tanks.
    (viii) Addition of new COMAR 26.11.19.07-1.H Reporting and Record-
Keeping Requirements.
    (2) Addition of new COMAR 26.11.19.13-2: Control of VOC Emissions 
from Brake Shoe Coating Operations, adopted by the Secretary of the 
Environment on August 4, 1998 and effective on August 24, 1998, 
including the following:
    (i) Addition of new COMAR 26.11.19.13-2.A Definitions.
    (ii) Addition of new COMAR 26.11.19.13-2.B Terms Defined, including 
definitions for the terms ``brake caliper rust preventive coating,'' and 
``brake shoe coating operation.''
    (iii) Addition of new COMAR 26.11.19.13-2.C Applicability.
    (iv) Addition of new COMAR 26.11.19.13-2.D General Coating 
Requirements.
    (v) Addition of new COMAR 26.11.19.18.E Equipment Cleanup.
    (vi) Addition of new COMAR 26.11.19.13.B(3)(e) and (f), exempting

[[Page 47]]

brake shoe coating and structural steel coating operations from 
Miscellaneous Metal Coatings.
    (3) Addition of new COMAR 26.11.19.13-3: Control of Volatile Organic 
Compounds from Structural Steel Coating Operations, adopted by the 
Secretary of the Environment on June 5, 1998, and effective on June 29, 
1998, including the following:
    (i) Addition of new COMAR 26.11.19.13-3.A Definitions, including 
definitions for the terms ``controlled air spray system,'' ``dip coating 
operation,'' ``protective coating,'' and ``structural steel coating 
operation.''
    (ii) Addition of new COMAR 26.11.19.13-3.B Applicability.
    (iii) Addition of new COMAR 26.11.19.13-3.C Coating Requirements.
    (iv) Addition of new COMAR 26.11.19.13-3.D Cleanup Requirements.
    (4) Revision to COMAR 26.11.19.18: Control of VOC Emissions from 
Screen Printing and Digital Imaging, adopted by the Secretary of the 
Environment on August 4, 1998, and effective on August 24, 1998, 
including the following:
    (i) Addition of new COMAR 26.11.19.18.A(5-1), definition for the 
term ``digital imaging.''
    (ii) Deletion of existing COMAR 26.11.19.18.B-I.
    (iii) Addition of new COMAR 26.11.18.21.B Applicability.
    (iv) Addition of new COMAR 26.11.18.21.C General Requirements for 
Screen Printing.
    (v) Addition of new COMAR 26.11.18.21.D General Requirements for 
Plywood Sign Coating.
    (vi) Addition of new COMAR 26.11.18.21.E General Requirements for 
Plastic Card Manufacturing.
    (vii) Addition of new COMAR 26.11.19.18.F General Requirements for 
Digital Imaging.
    (viii) Addition of new COMAR 26.11.19.18.G Record Keeping.
    (ii) Additional Material.
    (A) Remainder of February 10, 1999 and February 12, 1999 Maryland 
State submittals pertaining to COMAR 26.11.19.07-1, .13-2, .13-3, and 
.18.
    (143) Revisions to the Code of Maryland Air Regulations (COMAR) 
26.11.01.01 and 26.11.09.01, and limited approval of revisions to COMAR 
26.11.09.08, submitted on June 8, 1993 and July 11, 1995 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 COMAR 26.11.09.08, Control of NOX 
Emissions from Major Stationary Sources and amendments to COMAR 
26.11.09.01, Definitions.
    (B) COMAR 26.11.09.08, Control of NOX Emissions from 
Major Stationary Sources, effective on May 10, 1993, replacing the 
existing COMAR 26.11.09.08.
    (C) Amendment to COMAR 26.11.09.01, Definitions, effective on May 
10, 1993.
    (D) Letter of July 11, 1995 from the Maryland Department of the 
Environment transmitting amendments to COMAR 26.11.09.08, Control of 
NOX Emissions from Major Stationary Sources, amendments to 
COMAR 26.11.01.01, Definitions and COMAR 26.11.09.01, Definitions.
    (E) Amendments to COMAR 26.11.09.08, Control of NOX 
Emissions from Major Stationary Sources, effective on June 20, 1994 and 
May 8, 1995.
    (F) Amendment to COMAR 26.11.01.01, Definitions, effective on June 
20, 1994.
    (G) Amendments to COMAR 26.11.09.01, Definitions, effective on June 
20, 1994 and on May 8, 1995.
    (ii) Additional material.
    (A) Remainder of June 8, 1993 and July 11, 1995 State submittals.
    (B) Letter of October 29, 1998 from the Maryland Department of the 
Environment agreeing to meet certain conditions by no later than 12 
months after July 22, 1999.

[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.

    Effective Date Notes:  1. At 64 FR 32417, June 17, 1999, 
Sec. 52.1070 was amended by adding paragraph (c)(142), effective Aug. 
16, 1999.
    2. At 64 FR 33200, June 22, 1999, Sec. 52.1070 was amended by adding 
paragraph (c)(143), effective July 22, 1999.



Sec. 52.1071  Classification of regions.

    The Maryland plans were evaluated on the basis of the following 
classifications:

[[Page 48]]



----------------------------------------------------------------------------------------------------------------
                                                                                  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]



Sec. 52.1072  Conditional approval.

    (a) The State of Maryland's July 11, 1995 submittal for an enhanced 
motor vehicle inspection and maintenance (I/M) program, and the March 
27, 1996 amendment to the original SIP revision is conditionally 
approved based on certain contingencies. The following conditions listed 
in paragraphs (a)(1) through (a)(15) of this section must be addressed 
in a revised SIP submission. Along with the conditions listed in 
paragraphs (a)(1) through (a)(15) of this section is a separate detailed 
I/M checklist explaining what is required to fully remedy the 
deficiencies found in the proposed notice of conditional approval. This 
checklist is found in the Technical Support Document (TSD), located in 
the docket of this rulemaking, that was prepared in support of the 
proposed conditional I/M rulemaking action for Maryland. By no later 
than one year from September 29, 1997, Maryland must submit a revised 
SIP that meets the following conditions for approvability:
    (1) Fully adopt and submit to EPA as a SIP revision, final 
regulations and documentation of the public hearing process addressing 
Maryland's March 27, 1997 amendment to the SIP pertaining to proposed 
regulatory changes to the VEIP, as a result of the flexibility afforded 
to Maryland from federal and state legislative changes.
    (2) Provide confirmation from the State Attorney General's Office 
clearly stating that Maryland's interpretation of the sunset date of the 
program is no earlier than November 15, 2005, or in the absence of such 
an opinion, submit to EPA new legislative authority allowing for such an 
extended sunset date of the program.
    (3) Submit to EPA a modeling demonstration of the program using the 
appropriate assumptions and methodology (see TSD and the Response to 
Public Comments section of this rule for detailed discussions) 
demonstrating compliance with the I/M performance standard for the years 
2002 and 2005 (excluding the year 1999, as recommended by EPA).
    (4) Obtain and/or demonstrate to EPA that adequate funding and tools 
exist for the years 1997 and 1998, including a detailed explanation of 
the number of personnel dedicated to quality assurance, data analysis, 
program administration, and enforcement. In addition, Maryland needs to 
provide budget allotments for equipment resources. EPA notes that an 
update of the budget information is adequate to satisfy this condition.
    (5) Provide an explanation to EPA of how all subject vehicles in the 
program will be identified, which includes an estimate of the number of 
unregistered vehicles operated in the program area. Subsequent to EPA 
issuing guidance, Maryland needs to document how vehicles that are 
routinely operated in the program but not registered in the program area 
are identified.
    (6) Provide to EPA applicable sections of state laws and regulations 
specifically addressing engine switching and testing of vehicles with no 
certified engine configuration. Maryland needs to commit to adopting 
non-invasive purge test procedures when EPA specifications become 
available. In addition, EPA expects Maryland to submit written 
procedures for the gas-cap check and to adopt the non-invasive fuel-fill 
pipe pressure specifications and procedures when EPA issues the final 
technical guidance.

[[Page 49]]

    (7) Submit to EPA written specifications for the gas cap check 
procedures referenced in Maryland's regulations.
    (8) Provide to EPA a description of how Maryland's current practice 
of issuing short term extensions because of economic hardship is 
granted, which reasonably and clearly defines the time frame of the 
extension period.
    (9) Submit to EPA documentation of how Maryland will handle out-of-
state exemptions, employ mechanisms to enforce vehicle transfer 
requirements when owners move into the program area, and cite motorists 
for noncompliance with the registration requirement. Maryland will need 
to clarify its practice on vehicle impoundment when a motorist is cited 
for driving with a suspended registration. In addition, EPA needs 
verification on vehicle exemption triggering elements which allow the 
subject vehicle to by-pass an inspection test. Confirmation by VIN check 
or physical examination of the subject vehicle needs to be included in 
the SIP revision, as a means of ensuring validation of the exemption 
triggering elements.
    (10) Demonstrate to EPA that enforcement program oversight is 
quality controlled and quality assured. Maryland needs to provide a 
procedures document that details the specifics of the implementation of 
the enforcement program oversight including information management 
activities, activities of enforcement involved in monitoring the 
program, and auditing the enforcement. Quality control and assurance 
needs to address penalty structures, periodic auditing and analysis, 
program effectiveness, and in use fleet compliance via parking lot 
surveys and road side pullovers.
    (11) Provide a description to EPA of Maryland's auditing program 
that will include a minimum number of covert vehicles that are used for 
auditing purposes, covert and overt performance audits of inspectors, 
audits of stations and inspectors records, equipment audits, and formal 
training of all state I/M enforcement officials and auditors.
    (12) Submit to EPA documentation regarding the set up of Maryland's 
penalty structure used to ensure the contractor is in compliance with 
State regulations. The penalty schedule must be applied to the 
contractor, stations, and inspectors. Information should include 
administrative & judicial responsibilities & procedures, and a 
description of the funding allocations.
    (13) Submit to EPA an administrative procedures manual or 
description of the practice of inspector recertification which must 
occur at least every two years.
    (14) Submit to EPA State regulations documenting provisions for the 
protection of whistle blowers. In addition, Maryland needs to provide 
documentation of how it investigates and responds to complaints made by 
the public.
    (15) Maryland must start mandatory testing of all subject vehicles 
as soon as possible, or by November 15, 1997 at the latest.
    (b) The State of Maryland's July 12, 1995 submittal for the 15 
Percent Rate of Progress Plan (15% plan) for the Maryland portion of the 
Metropolitan Washington, DC ozone nonattainment area, is conditionally 
approved based on certain contingencies. The conditions for 
approvability are as follows:
    (1) Maryland's 15% plan must be revised to account for growth in 
point sources from 1990-1996.
    (2) Maryland must meet the conditions listed in the October 31, 1996 
proposed conditional I/M rulemaking notice, remodel the I/M reductions 
using the following two EPA guidance memos: ``Date by which States Need 
to Achieve all the Reductions Needed for the 15 Percent Plan from

I/M and Guidance for Recalculation,'' note from John Seitz and Margo 
Oge, dated August 13, 1996, and ``Modeling 15 Percent VOC Reductions 
from I/M in 1999--Supplemental Guidance,'' memorandum from Gay MacGregor 
and Sally Shaver, dated December 23, 1996.
    (3) Maryland must remodel to determine affirmatively the creditable 
reductions from RFG, and Tier 1 in accordance with EPA guidance.
    (4) Maryland must submit a SIP revision amending the 15% plan with a 
demonstration using appropriate documentation methodologies and credit 
calculations that the 56.4 tons/day reduction, supported through 
creditable emission reduction measures in the submittal, satisfies 
Maryland's 15%

[[Page 50]]

ROP requirement for the Metropolitan Washington, DC nonattainment area.
    (c) The State of Maryland's July 12, 1995 submittal for the 15 
Percent Rate of Progress Plan (15% plan) for the Baltimore ozone 
nonattainment area, is conditionally approved based on certain 
contingencies. The conditions for approvability are as follows:
    (1) Maryland's 15% plan calculations must reflect the EPA approved 
1990 base year emissions inventory in Sec. 52.1075.
    (2) Maryland must meet the conditions listed in the October 31, 1996 
conditional I/M rulemaking notice, including its commitment to remodel 
the I/M reductions using the following two EPA guidance memos: ``Date by 
which States Need to Achieve all the Reductions Needed for the 15 
Percent Plan from I/M and Guidance for Recalculation,'' note from John 
Seitz and Margo Oge dated August 13, 1996, and ``Modeling 15% VOC 
Reductions from I/M in 1999--Supplemental Guidance,'' from Gay MacGregor 
and Sally Shaver dated December 23, 1996.
    (3) Maryland must remodel to determine affirmatively the creditable 
reductions from RFG and Tier I in accordance with EPA guidance.
    (4) Maryland must submit a SIP revision amending the 15% plan with a 
determination using appropriate documentation methodologies and credit 
calculations that the 64.2 TPD reduction, supported through creditable 
emission measures in the submittal, satisfies Maryland's 15% ROP 
requirement for the Baltimore area.
    (d) Revisions to the Maryland State Implementation Plan pertaining 
to Maryland's major VOC source RACT and minor VOC source requirements, 
COMAR 26.11.19.02G and COMAR 26.11.06.06, submitted on April 5, 1991, 
June 8, 1993, and July 12, 1995 by the Maryland Department of the 
Environment are conditionally approved. Maryland must meet the following 
conditions by no later than 12 months after the publication of the final 
conditional rulemaking. These conditions are: Maryland certify that it 
has submitted case-by-case RACT proposals for all sources subject to the 
RACT requirements; or demonstrate that the emissions from any remaining 
subject sources represent a de minimis level of emissions, as defined in 
the final rulemaking notice.
    (i) Additional Material.
    (A) Letter of February 7, 1996 from the Maryland Department of the 
Environment agreeing to meet certain conditions by no later than 12 
months after the publication of the final conditional rulemaking. These 
conditions are: Maryland submit case-by-case RACT proposals for all 
sources subject to the RACT requirements; Maryland certify that, to the 
best of its knowledge, there are no other sources subject to the RACT 
requirements.
    (e) Revisions to the Code of Maryland Air Regulations (COMAR), rule 
26.11.09.08, pertaining to NOX RACT submitted on June 8, 1993 
and amended on July 11, 1995 by the Maryland Department of the 
Environment, is conditionally approved based on certain contingencies. 
Maryland must meet the following conditions by no later than 12 months 
after July 22, 1999. These conditions are that Maryland must:
    (1) Certify that it has submitted case-by-case RACT SIPs for all 
sources subject to the RACT requirements currently known to the 
Department, or demonstrate that the emissions from any remaining subject 
sources represent a de minimis level of emissions;
    (2) Either submit COMAR 26.11.01.11 to EPA for approval, or revise 
COMAR 26.11.09.08F to clearly explain the reporting and record keeping 
requirements in COMAR 26.11.09.08;
    (3) Change COMAR 26.11.09.08D to unambiguously require all emissions 
trading plans and proposals be submitted as individual SIP revisions, or 
meet all the requirements of a discretionary EIP.

[62 FR 40944, July 31, 1997, as amended at 62 FR 49616, Sept. 23, 1997; 
62 FR 52666, Oct. 9, 1997; 63 FR 47179, Sept. 4, 1998; 64 FR 33200, June 
22, 1999]

    Effective Date Note:  At 64 FR 33200, June 22, 1999, Sec. 52.1072 
was amended by adding paragraph (e), effective July 22, 1999.



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.

[[Page 51]]

    (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.
    (e) Conditional limited approval of revisions to the Maryland State 
Implementation Plan, pertaining to Maryland's major VOC source RACT and 
minor VOC source requirements, COMAR 26.11.19.02G and COMAR 26.11.06.06, 
submitted on April 5, 1991, June 8, 1993, and July 12, 1995 by the 
Maryland Department of the Environment.

[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; 63 FR 47179, Sept. 4, 1998]



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.

    (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).
    (c) EPA approves as a revision to the Maryland State Implementation 
Plan the 1990 base year emission inventories for the Maryland ozone 
nonattainment areas submitted by the Secretary of Maryland Department of 
Environment on March 21, 1994. This submittal consists of the 1990 base 
year point, area, non-road mobile, biogenic and on-road mobile source 
emission inventories for the following pollutants: volatile organic 
compounds (VOC), carbon monoxide (CO), and oxides of nitrogen 
(NOX).
    (d) EPA approves as a revision to the Maryland State Implementation 
Plan the 1990 base year emission inventories for the Maryland ozone 
nonattainment areas: Baltimore nonattainment areas, Cecil County, and 
Kent and Queen

[[Page 52]]

Anne's Counties submitted by the Secretary of Maryland Department of 
Environment on March 21, 1994. This submittal consists of the 1990 base 
year point, area, non-road mobile, biogenic and on-road mobile source 
emission inventories for the following pollutants: volatile organic 
compounds (VOC), carbon monoxide (CO), and oxides of nitrogen 
(NOX).
    (e) EPA approves as a revision to the Maryland State Implementation 
Plan the 1990 base year emission inventory for the Maryland portion of 
the Metropolitan Washington DC ozone nonattainment area submitted by the 
Secretary of MDE on March 21, 1994. This submittal consists of the 1990 
base year point, area, highway mobile, non-road mobile, and biogenic 
source emission inventories in the area for the following pollutants: 
Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of 
nitrogen (NOX).
    (f) EPA approves as a revision to the Maryland State Implementation 
Plan an amendment to the 1990 base year emission inventories for the 
Maryland portion of the Metropolitan Washington DC ozone nonattainment 
area submitted by the Secretary of Maryland of the Department 
Environment on December 24, 1997. This submittal consists of amendments 
to the 1990 base year point, area, highway mobile, and non-road mobile 
source emission inventories in the area for the following pollutants: 
Volatile organic compounds (VOC), and oxides of nitrogen 
(NOX).

[60 FR 55326, Oct. 31, 1995, as amended at 61 FR 2937, Jan. 30, 1996; 61 
FR 50717, Sept. 27, 1996; 61 FR 64029, Dec. 3, 1996; 62 FR 19679, Apr. 
23, 1997; 62 FR 34405, 34406, June 26, 1997; 63 FR 36858, July 8, 1998]



Sec. 52.1076  Control strategies: ozone.

    (a) EPA is approving as a revision to the Maryland State 
Implementation Plan the 15 Percent Rate of Progress Plan and associated 
contingency measures for the Cecil County ozone nonattainment area, 
submitted by the Secretary of the Maryland Department of the Environment 
on July 21, 1995.
    (b) EPA approves as a revision to the Maryland State Implementation 
Plan, the Stage II vapor recovery comparability plan for the counties of 
Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset, 
St. Mary's, Talbot, Washington, Wicomico, and Worcester Counties 
submitted by the Maryland Department of the Environment on November 5, 
1997.

[62 FR 40458, July 29, 1997, as amended at 63 FR 67782, Dec. 9, 1998]



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]



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

[[Page 53]]

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]



Secs. 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

[[Page 54]]

    (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.
    (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.
    (2) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on January 11, 1995 
and March 29, 1995.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated January 11, 1995 and March 29, 1995 submitting a 
revision to the Massachusetts State Implementation Plan.
    (B) 310 CMR 7.24(8) ``Marine Vessel Transfer Operations'' effective 
in the Commonwealth of Massachusetts on January 27, 1995.
    (C) Definitions of ``combustion device,'' ``leak,'' ``leaking 
component,'' ``lightering or lightering operation,'' ``loading event,'' 
``marine tank vessel,'' ``marine terminal,'' ``marine vessel,'' 
``organic liquid,'' and ``recovery device'' in 310 CMR 7.00 
``Definitions'' effective in the Commonwealth of Massachusetts on 
January 27, 1995.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated February 1, 1996 committing

[[Page 55]]

to address the outstanding issues associated with 310 CMR 7.24(8) as 
identified by EPA in a letter dated September 19, 1995.
    (B) Nonregulatory portions of the submittal.

[59 FR 41708, Aug. 15, 1994, as amended at 61 FR 43976, Aug. 27, 1996]



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 56]]

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 Com0missioner 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 57]]

    (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 58]]

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

[[Page 59]]

the 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 60]]

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 61]]

    (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 62]]

    (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 63]]

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 64]]

    (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 65]]

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 66]]

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 67]]

    (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 68]]

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.
    (110)  [Reserved]

[[Page 69]]

    (111) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 30, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 30, 1993 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Massachusetts Air Pollution Control Regulation 310 CMR 7.33, 
entitled ``City of Boston/South Boston Parking Freeze,'' and the 
following amendments to 310 CMR 7.00, entitled ``Definitions,'' which 
consist of adding or amending four definitions; motor vehicle parking 
space; off-peak parking spaces; remote parking spaces; and restricted 
use parking, effective in the Commonwealth of Massachusetts on April 9, 
1993.
    (112) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on February 9, 
1994, and April 14, 1995, concerning emissions banking, trading, and 
averaging.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated February 9, 1994, and March 29, 1995, submitting 
revisions to the Massachusetts State Implementation Plan.
    (B) Regulations 310 CMR 7.00 Appendix B(1); 310 CMR 7.00 Appendix 
B(2); 310 CMR 7.00 Appendix B(3), except 310 CMR 7.00 Appendix 
B(3)(e)5.h; and, 310 CMR 7.00 Appendix B(5); effective on January 1, 
1994. Also, regulations 310 CMR 7.00 Appendix B(4); 310 CMR 7.00 
Appendix B(6); 310 CMR 7.18(2)(b); 310 CMR 7.19(2)(d); 310 CMR 
7.19(2)(g); and, 310 CMR 7.19(14); effective on January 27, 1995.
    (ii) Additional materials.
    (A) Letter and attachments from the Massachusetts Department of 
Environmental Protection dated February 8, 1996, submitting supplemental 
information concerning the demonstration of balance between credit 
creation and credit use.
    (113) A revision to the Massachusetts SIP regarding ozone 
monitoring. The Commonwealth of Massachusetts will modify its SLAMS and 
its NAMS monitoring systems to include a PAMS network design and 
establish monitoring sites. The Commonwealth's SIP revision satisfies 40 
CFR 58.20(f) PAMS requirements.
    (i) Incorporation by reference.
    (A) Massachusetts PAMS Network Plan, which incorporates PAMS into 
the ambient air quality monitoring network of State or Local Air 
Monitoring Stations (SLAMS) and National Air Monitoring Stations (NAMS).
    (ii) Additional material.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated December 30, 1993 submitting a revision to the 
Massachusetts State Implementation Plan.
    (114) The Commonwealth of Massachusetts' March 27, 1996 submittal 
for an enhanced motor vehicle inspection and maintenance (I/M) program, 
as amended on June 27, 1996 and July 29, 1996, and November 1, 1996, is 
conditionally approved based on certain contingencies, for an interim 
period to last eighteen months. If the Commonwealth fails to start its 
program according to schedule, or by November 15, 1997 at the latest, 
this conditional approval will convert to a disapproval after EPA sends 
a letter to the state. If the Commonwealth fails to satisfy the 
following conditions within 12 months of this rulemaking, this 
conditional approval will automatically convert to a disapproval as 
explained under section 110(k) of the Clean Air Act.
    (i) The conditions for approvability are as follows:
    (A) The time extension program as described and committed to in the 
March 3, 1997 letter from Massachusetts must be further defined and 
submitted to EPA as a SIP revision by no later than one year after the 
effective date of this interim approval. Another program which meets the 
requirements of 40 CFR 51.360 (Waivers and Compliance via Diagnostic 
Inspection) and provides for no more than a 1% waiver rate would also be 
approvable.
    (B) Other major deficiencies as described in the proposal must also 
be corrected in 40 CFR 51.351 (Enhanced I/M Performance Standard), 
Sec. 51.354 (Adequate Tools and Resources), Sec. 51.357 (Test Procedures 
and Standards), Sec. 51.359 (Quality Control), and Sec. 51.363

[[Page 70]]

(Quality Assurance). The Commonwealth, committed in a letter dated March 
3, 1997 to correct these deficiencies within one year of conditional 
interim approval by EPA.
    (ii) In addition to the above conditions for approval, the 
Commonwealth must correct several minor, or de minimus deficiencies 
related to CAA requirements for enhanced I/M. Although satisfaction of 
these deficiencies does not affect the conditional approval status of 
the Commonwealth's rulemaking granted under the authority of section 110 
of the Clean Air Act, these deficiencies must be corrected in the final 
I/M SIP revision prior to the end of the 18-month interim period granted 
under the National Highway Safety Designation Act of 1995:
    (A) The SIP lacks a detailed description of the program evaluation 
element as required under 40 CFR 51.353;
    (B) The SIP lacks a detailed description of the test frequency and 
convenience element required under 40 CFR 51.355;
    (C) The SIP lacks a detailed description of the number and types of 
vehicles included in the program as required under 40 CFR 51.356;
    (D) The SIP lacks a detailed information concerning the enforcement 
process, and a commitment to a compliance rate to be maintained in 
practice required under 40 CFR 51.361.
    (E) The SIP lacks the details of the enforcement oversight program 
including quality control and quality assurance procedures to be used to 
insure the effective overall performance of the enforcement system as 
required under 40 CFR 51.362;
    (F) The SIP lacks a detailed description of procedures for 
enforcement against contractors, stations and inspectors as required 
under 40 CFR 51.364;
    (G) The SIP lacks a detailed description of data analysis and 
reporting provisions as required under 40 CFR 51.366;
    (H) The SIP lacks a public awareness plan as required by 40 CFR 
51.368; and
    (I) The SIP lacks provisions for notifying motorists of required 
recalls prior to inspection of the vehicle as required by 40 CFR 51.370.
    (iii) EPA is also approving this SIP revision under section 110(k), 
for its strengthening effect on the plan.
    (115)-(117) [Reserved]
    (118) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on December 19, 
1997.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated December 19, 1997 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Regulation 310 CMR 7.27, NOX Allowance Program, 
effective on June 27,1997.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated March 9, 1998 clarifying the program implementation 
process.

[37 FR 10871, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1120, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Note:  At 64 FR 29569, June 2, 1999, Sec. 52.1120 was 
amended by adding paragraph (c)(118), effective Aug. 2, 1999.



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]

[[Page 71]]



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. 52.1125  Emission inventories.

    (a) The Governor's designee for the Commonwealth of Massachusetts 
submitted the 1990 base year emission inventories for the Springfield 
nonattainment area and the Massachusetts portion of the Boston-Lawrence-
Worcester ozone nonattainment area on November 13, 1992 as a revision to 
the State Implementation Plan (SIP). Revisions to the inventories were 
submitted on November 15, 1993, and November 15, 1994, and March 31, 
1997. 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 these areas.
    (b) The inventories are for the ozone precursors which are volatile 
organic compounds, nitrogen oxides, and carbon monoxide. The inventories 
covers point, area, non-road mobile, on-road mobile, and biogenic 
sources.
    (c) Taken together, the Springfield nonattainment area and the 
Massachusetts portion of the Boston-Lawrence-Worcester nonattainment 
area encompass the entire geographic area of the State. Both areas are 
classified as serious ozone nonattainment areas.

[62 FR 37514, July 14, 1997]



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 72]]

 
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

[[Page 73]]

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.)

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.

[[Page 74]]



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.

----------------------------------------------------------------------------------------------------------------
                                              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.

[[Page 75]]

    (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 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

[[Page 76]]

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 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;

[[Page 77]]

    (2) The procedures by which the designated agency will enforce the 
prohibition provided for in paragraphs (b) and (d) of this section;
    (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

[[Page 78]]

at Logan Airport, then the provisions of paragraph (m) of this section 
shall apply.
    (d) [Reserved]
    (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

[[Page 79]]

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 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

[[Page 80]]

atoms to the molecule except ethylbenzene: 8 percent;
    (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

[[Page 81]]

    (3) The use of other abatement control equipment determined by the 
Regional Administrator to be no less effective than either of the above 
methods.
    (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:

[[Page 82]]

    (1) Final control plans for emission control systems or process 
modifications must be submitted on or before June 1, 1974, for sources 
subject to 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,

[[Page 83]]

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 
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

[[Page 84]]

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 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

[[Page 85]]

and policemen, including requiring bicycle safety principles and safe 
street riding skills to be taught in high school automobile driver(s) 
education programs;
    (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

[[Page 86]]

    (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 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

[[Page 87]]

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 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

[[Page 88]]

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 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

[[Page 89]]

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]



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 90]]



                                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 91]]

 
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........  Definitions........    7/30/93     10/15/96  61 FR 53632           111  Adding or amending
                                                                                               the following
                                                                                               definitions:
                                                                                               motor vehicle
                                                                                               parking space;
                                                                                               off-peak parking
                                                                                               spaces; remote
                                                                                               parking spaces;
                                                                                               and restricted
                                                                                               use parking.
310 CMR 7.00          Emissions Banking,      2/9/94       8/8/96  61 FR 41338           112  Replaces earlier
 Appendix B (except    Trading, and          3/29/95                                           emissions
 310 CMR 7.00          Averaging.                                                              averaging rules
 Appendix                                                                                      with emissions
 B(3)(e)5.h).                                                                                  banking, trading,
                                                                                               and averaging.
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 92]]

 
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.

[[Page 93]]

 
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%.
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%.

[[Page 94]]

 
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.
                      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.

[[Page 95]]

 
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.
                      Generic VOC bubble     3/29/95       8/8/96  61 FR 41338           112  Replaces earlier
                       for surface                                                             emissions
                       coaters.                                                                averaging rules
                                                                                               for surface
                                                                                               coaters.
                                             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).

[[Page 96]]

 
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.
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).

[[Page 97]]

 
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).
                                             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.

[[Page 98]]

 
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.
                                            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 7.19 (2)(d).  Generic NOX            3/29/95       8/8/96  61 FR 41338           112  Adds credit
                       bubbling and                                                            creation option
                       trading for RACT                                                        for NOX RACT
                       sources.                                                                sources.
310 CMR 7.19 (2)(g).  Generic NOX            3/29/95       8/8/96  61 FR 41338           112  Adds credit use
                       bubbling and                                                            option for NOX
                       trading for RACT                                                        RACT sources.
                       sources.
310 CMR 7.19 (14)...  Generic NOX            3/29/95       8/8/96  61 FR 41338           112  Adds
                       bubbling for RACT                                                       quantification,
                       sources.                                                                testing,
                                                                                               monitoring,
                                                                                               record keeping,
                                                                                               reporting, and
                                                                                               emission control
                                                                                               plan requirements
                                                                                               for averaging NOX
                                                                                               RACT sources.
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.

[[Page 99]]

 
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 7.27........  NOX Allowance         12/19/97       6/2/99  64 FR 29569      (c)(118)  Approval of NOx
                       Program.                                                                cap and allowance
                                                                                               trading
                                                                                               regulations
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.
310 CMR 7.33........  City of Boston/        7/30/93     10/15/96  61 FR 53633           111  Applies to the
                       South Boston                                                            parking of motor
                       Parking Freeze.                                                         vehicles within
                                                                                               the area of South
                                                                                               Boston, including
                                                                                               Massport property
                                                                                               in South Boston.
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.


[[Page 100]]

[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.

Effective Date Note:  At 64 FR 29569, June 2, 1999, Sec. 52.1167 was 
amended by adding an entry for 310 CMR 7.27, effective Aug. 2, 1999.

[[Page 101]]



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 102]]

    (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 103]]

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 104]]

    (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 105]]

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 106]]

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 107]]

    (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 108]]

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 109]]

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

[[Page 110]]

organic compound emissions from the 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

[[Page 111]]

November 12, 1993 by the Michigan Department of Natural Resources:
    (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 112]]

    (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

[[Page 113]]

Order limits the PM emissions for the Clawson Concrete Company, Plant 
#1.
    (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.

[[Page 114]]

This Order limits the PM emissions for the Rouge Steel Company.
    (BB) Consent Order 31-1993 effective October 12, 1994 issued by the 
MDNR. 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.

[[Page 115]]

    (105)  [Reserved]
    (106) On March 9, 1995, 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 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.
    (107)  [Reserved]
    (108) On May 16, 1996, the State of Michigan submitted a revision to 
the Michigan State Implementation Plan (SIP). This revision is for the 
purpose of establishing a gasoline Reid vapor pressure (RVP) limit of 
7.8 pounds per square inch (psi) for gasoline sold in Wayne, Oakland, 
Macomb, Washtenaw, Livingston, St. Clair, and Monroe counties in 
Michigan.
    (i) Incorporation by reference.
    (A) House Bill No. 4898; signed and effective November 13, 1993.
    (B) Michigan Complied Laws, Motor Fuels Quality Act, Chapter 290, 
Sections 642, 643, 645, 646, 647, and 649; all effective November 13, 
1993.
    (C) Michigan Complied Laws, Weights and Measures Act of 1964, 
Chapter 290, Sections 613, 615; all effective August 28, 1964.
    (ii) Additional materials.
    (A) Letter from Michigan Governor John Engler to Regional 
Administrator Valdas Adamkus, dated January 5, 1996.
    (B) Letter from Michigan Director of Environmental Quality Russell 
Harding to Regional Administrator Valdas Adamkus, dated May 14, 1996.
    (C) State report titled ``Evaluation of Air Quality Contingency 
Measures for Implementation in Southeast Michigan,'' submitted to the 
EPA on May 14, 1996.
    (109) On December 13, 1994 and January 19, 1996, Michigan submitted 
correspondence and Executive Orders 1991-31 and 1995-18 which indicated 
that the executive branch of government had been reorganized. As a 
result of the reorganization, delegation of the Governor's authority 
under the Clean Air Act was revised. The Environmental Protection 
Agency's approval of these

[[Page 116]]

Executive Orders is limited to those provisions affecting air pollution 
control. The Air Pollution Control Commission was abolished and its 
authority was initially transferred to the Director of the Michigan 
Department of Natural Resources (DNR). Subsequently, the Michigan 
Department of Natural Resources of Environmental Quality (DEQ) was 
created by elevating eight program divisions and two program offices 
previously located within the DNR. The authority then earlier vested to 
the Director of the Michigan DNR was then transferred to the Director of 
the Michigan DEQ with the exception of some administrative appeals 
decisions.
    (i) Incorporation by reference.
    (A) State of Michigan Executive Order 1991-31 Commission of Natural 
Resources, Department of Natural Resources, Michigan Department of 
Natural Resources Executive Reorganization. Introductory and concluding 
words of issuance and Title I: General; Part A: Sections 1, 2, 4 and 5, 
Part B. Title III: Environmental Protection; Part A: Sections 1 and 2, 
Part B. Title IV: Miscellaneous; Parts A and B, Part C: Sections 1, 2, 
4, Part D. Signed by John Engler, Governor, November 8, 1991. Filed with 
the Secretary of State November 8, 1991. Effective January 7, 1992.
    (B) State of Michigan Executive Order No. 1995-18 Michigan 
Department of Environmental Quality, Michigan Department of Natural 
Resources Executive Reorganization. Introductory and concluding words of 
issuance. Paragraphs 1, 2, 3(a) and (g), 4, 7, 8, 9, 10, 11, 12, 13, 15, 
16, 17, 18. Signed by John Engler, Governor, July 31, 1995. Filed with 
the Secretary of State on August 1, 1995. Effective September 30, 1995.
    (110) A revision to Michigan's State Implementation Plan (SIP), 
containing part of Michigan's Natural Resources and Environmental 
Protection Act, was submitted by the Michigan Department of 
Environmental Quality (MDEQ) on May 16, 1996, and supplemented on 
September 23, 1997. On December 30, 1997, MDEQ withdrew much of the 
original submittal. The revision incorporated below contains control 
requirements and applicable definitions for fugitive dust sources.
    (i) Incorporation by reference. The following sections of Part 55 of 
Act 451 of 1994, the Natural Resources and Environmental Protection Act 
are incorporated by reference.
    (A) 324.5524 Fugitive dust sources or emissions, effective March 30, 
1995.
    (B) 324.5525 Definitions, effective March 30, 1995.
    (111) On March 18, 1999, the State of Michigan submitted a revision 
to the Michigan State Implementation Plan for carbon monoxide containing 
a section 175A maintenance plan for the Detroit area as part of 
Michigan's request to redesignate the area from nonattainment to 
attainment for carbon monoxide. Elements of the section 175A maintenance 
plan include a base year (1996 attainment year) emission inventory for 
CO, a demonstration of maintenance of the ozone NAAQS with projected 
emission inventories to the year 2010, 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 CO NAAQS (which must be confirmed 
by the State), Michigan will implement one or more appropriate 
contingency measure(s) which are in the contingency plan. The menu of 
contingency measures includes enforceable emission limitations for 
stationary sources, transportation control measures, or a vehicle 
inspection and maintenance program.

[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.

    Effective Date Note:  At 64 FR 35023, June 30, 1999, Sec. 52.1170 
was amended by adding paragraph (c)(111), effective Aug. 30, 1999.



Sec. 52.1171  Classification of regions.

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

[[Page 117]]



----------------------------------------------------------------------------------------------------------------
                                                                                  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)                I         IA       III       III        III
 Interstate...............................................
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 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

[[Page 118]]

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 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.
    (e)  [Reserved]
    (f) On July 24, 1995, the Michigan Department of Natural Resources 
requested the redesignation of Wayne County to attainment of the 
National Ambient Air Quality Standard for particulate matter. The 
State's maintenance plan is complete and the redesignation satisfies all 
of the requirements of the Act.
    (g) Approval--On November 29, 1994, the Michigan Department of 
Natural Resources submitted a revision to the particulate State 
Implementation Plan for general conformity rules. The general conformity 
SIP revisions enable the State of Michigan 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.

[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; 61 FR 40519, Aug. 
5, 1996; 61 FR 66609, Dec. 18, 1996]



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

[[Page 119]]

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.
    (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

[[Page 120]]

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 Michigan Ozone State Implementation Plan for the above mentioned 
counties.
    (j)  [Reserved]
    (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) Approval--On November 24, 1994, the Michigan Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan. The submittal pertained to a plan for the implementation and 
enforcement 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

[[Page 121]]

Projects Developed, Funded or Approved Under Title 23 U.S.C. or the 
Federal Transit Act.
    (n) Approval--On November 29, 1994, the Michigan Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan for general conformity rules. The general conformity SIP revisions 
enable the State of Michigan 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.
    (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 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.
    (p) Approval--On November 22, 1995 the Michigan Department of 
Natural Resources submitted a petition for exemption from transportation 
conformity requirements for the Muskegon ozone nonattainment area. This 
approval exempts the Muskegon ozone nonattainment area from 
transportation conformity requirements under section 182(b)(1) of the 
Clean Air Act. If a violation of the ozone standard occurs in the 
Muskegon County ozone nonattainment area, the exemption shall no longer 
apply.
    (q) Correction of approved plan--Michigan air quality Administrative 
Rule, R336.1901 (Rule 901)--Air Contaminant or Water Vapor, has been 
removed from the approved plan pursuant to section 110(k)(6) of the 
Clean Air Act (as amended in 1990).

[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; 61 FR 39332, July 29, 
1996; 61 FR 66609, 66611, Dec. 18, 1996; 62 FR 50514, Sept. 26, 1997; 63 
FR 27494, May 19, 1998; 63 FR 40371, July 29, 1998; 64 FR 7793, Feb. 17, 
1999]



Sec. 52.1175  Compliance schedules.

    (a) The requirements of Sec. 51.15(a)(2) of this chapter as of May 
31, 1972, (36 FR

[[Page 122]]

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 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

[[Page 123]]

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.
    (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.

[[Page 124]]



                                                    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.
\3\ For the maintenance of the secondary standard.


[[Page 125]]


                                                    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]



Secs. 52.1177--52.1178  [Reserved]



Sec. 52.1179  Control strategy: Carbon monoxide.

    Approval--On March 18, 1999, the Michigan Department of 
Environmental Quality submitted a request to redesignate the Detroit CO 
nonattainment area (consisting of portions of Wayne, Oakland, and Macomb 
Counties) to attainment for CO. 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 (1996 attainment year) emission inventory for 
CO, a demonstration of maintenance of the ozone NAAQS with projected 
emission inventories to the year 2010, 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 CO 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. The 
menu of contingency measures includes enforceable emission limitations 
for stationary sources, transportation control measures, or a vehicle 
inspection and maintenance program. The redesignation request and 
maintenance plan meet the redesignation requirements in section 
107(d)(3)(E) and 175A of the Act as amended in 1990, respectively.

[64 FR 35023, June 30, 1999]

    Effective Date Note:  At 64 FR 35023, June 30, 1999, Sec. 52.1179 
was added, effective Aug. 30, 1999.



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

[[Page 126]]

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.
    (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]



Sec. 52.1185  Control strategy: Carbon monoxide.

    (a) Approval--On November 24, 1994, the Michigan Department of 
Natural Resources submitted a revision to the carbon monoxide State 
Implementation Plan. The submittal pertained to a plan for the 
implementation and enforcement 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.
    (b) Approval--On November 29, 1994, the Michigan Department of 
Natural Resources submitted a revision to the carbon monoxide State 
Implementation Plan for general conformity rules. The general conformity 
SIP revisions enable the State of Michigan 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.

[61 FR 66609, 66611, Dec. 18, 1996]



                          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.

[[Page 127]]

    (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.
    (b) On February 9, 1996, the State of Minnesota submitted a request 
to revise its particulate matter (PM) State Implementation Plan (SIP) 
for the Saint Paul area. This SIP submittal contains administrative 
orders which include control measures for three companies located in the 
Red Rock Road area--St. Paul Terminals, Inc., Lafarge Corporation and 
AMG Resources Corporation. Recent exceedances were attributed to changes 
of emissions/operations that had occurred at particular sources in the 
area. The results from the modeling analysis submitted with the Red Rock 
Road SIP revision, preliminarily demonstrate protection of the PM 
National Ambient Air Quality Standards (NAAQS). However, due to the lack 
of emission limits and specific information regarding emission 
distribution at Lafarge Corporation following the installation of the 
pneumatic unloader, EPA is conditionally approving the SIP revision at 
this time. Final approval will be conditioned upon EPA receiving a 
subsequent modeled attainment demonstration with specific emission 
limits for Lafarge Corporation, corrected inputs for Peavey/Con-Agra, 
and consideration of the sources in the 2-4 km range which have 
experienced emission changes that may impact the Red Rock Road 
attainment demonstration.

[59 FR 51863, Oct. 13, 1994, as amended at 62 FR 39123, July 22, 1997]



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 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,

[[Page 128]]

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 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

[[Page 129]]

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 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

[[Page 130]]

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.
    (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.

[[Page 131]]

    (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.
    (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.

[[Page 132]]

    (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 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.

[[Page 133]]

    (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 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

[[Page 134]]

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.
    (44) This revision provides for data which have been collected under 
the enhanced monitoring and operating permit programs to be used for 
compliance certifications and enforcement actions.
    (i) Incorporation by reference.
    (A) Minnesota Rules, sections 7007.0800 Subpart 6.C(5), 7017.0100 
Subparts 1 and 2, both effective February 28, 1995.
    (45) On December 15, 1995, the Minnesota Pollution Control Agency 
submitted a revision to the State Implementation Plan for the general 
conformity rules. The general conformity SIP revisions enable the State 
of Minnesota 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.
    (A) Minnesota rules Part 7009.9000, as created and published in the 
(Minnesota) Register, November 13, 1995, number 477, effective November 
20, 1995.
    (46) On April 24, 1997, the State of Minnesota submitted 
Administrative Order amendments for sulfur dioxide for two Northern 
States Power facilities: Inver Hills and Riverside.
    (i) Incorporation by reference.
    (A) Amendment Two, dated and effective November 26, 1996, to 
administrative order approved in paragraph (c)(30) of this section for 
Northern States Power-Riverside Station.
    (B) Amendment Three, dated and effective November 26, 1996, to 
administrative order and amendments approved in paragraphs (c)(35) and 
(c)(41), respectively, of this section for Northern States Power-Inver 
Hills Station.
    (47) On October 17, 1997, the State of Minnesota submitted 
amendments to three previously approved Administrative Orders for North 
Star Steel Company, LaFarge Corporation, and GAF Building Materials, all 
located in the Minneapolis-St. Paul area.
    (i) Incorporation by reference.
    (A) Amendments, both dated and effective September 23, 1997, to 
administrative orders and amendments approved in paragraphs (c)(29) and 
(c)(41) of this section, respectively, of this section for: LaFarge 
Corporation (Childs Road facility) and North Star Steel Company.

[[Page 135]]

    (B) Amendment Two, dated and effective September 18, 1997, to 
administrative order and amendment approved in paragraph (c)(30) of this 
section for GAF Building Materials.
    (48) On January 12, 1995, Minnesota submitted revisions to its air 
permitting rules. The submitted revisions provide generally applicable 
limitations on potential to emit for certain categories of sources.
    (i) Incorporation by reference. Submitted portions of Minnesota 
regulations in Chapter 7007, and 7011.0060 through 7011.0080 effective 
December 27, 1994.

[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.

    Effective Date Note:  At 64 FR 26883, May 18, 1999, Sec. 52.1220 was 
amended by adding paragraph (c)(48), effective July 19, 1999.



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]



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.

[[Page 136]]

 
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]



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

[[Page 137]]

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)-(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 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]

[[Page 138]]



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.
    (b) Approval--The 1993 carbon monoxide periodic emission inventory 
requirement of section 187(a)(5) of the Clean Air Act, as amended in 
1990, has been satisfied for the following areas: the counties of the 
Twin cities seven county Metropolitan area (Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott, and Washington), and Wright.

[59 FR 47807, Sept. 19, 1994, as amended at 62 FR 55172, Oct. 23, 1997]



                         Subpart Z--Mississippi



Sec. 52.1270  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Mississippi under section 110 of the Clean Air 
Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient 
air quality standards.
    (b) Incorporation by reference.
    (1) Material listed in paragraphs (c) and (d) of this section with 
an EPA approval date prior to July 1, 1999, was approved for 
incorporation by reference by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is 
incorporated as it exists on the date of the approval, and notice of any 
change in the material will be published in the Federal Register. 
Entries in paragraphs (c) and (d) of this section with EPA approval 
dates after July 1, 1999, will be incorporated by reference in the next 
update to the SIP compilation.
    (2) EPA Region 4 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) are an 
exact duplicate of the officially promulgated State rules/regulations 
which have been approved as part of the State implementation plan as of 
July 1, 1999.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, 
GA 30303; the Office of Federal Register, 800 North Capitol Street, NW., 
Suite 700, Washington, DC.; or at the EPA, Air and Radiation Docket and 
Information Center, Air Docket (6102), 401 M Street, SW., Washington, 
DC. 20460.
    (c) EPA approved regulations.

[[Page 139]]



                                      EPA-Approved Mississippi Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
       State citation             Title/subject       effective      EPA approval date           Comments
                                                         date
----------------------------------------------------------------------------------------------------------------
APC-S-1....................       Air Emission Regulations for the Prevention, Abatement, and Control of Air
                                                                 Contaminants
Section 1..................  General...............     01/09/94  02/12/96
                                                                  61 FR 5295............
Section 2..................  Definitions...........     01/09/94  02/12/96
                                                                  61 FR 5295............
Section 3..................  Specific Criteria for      09/21/96  07/15/97
                              Sources of                          62 FR 37726...........
                              Particulate Matter.
Section 4..................  Specific Criteria for      01/09/94  02/12/96
                              Sources of Sulfur                   61 FR 5295............
                              Compounds.
Section 5..................  Specific Criteria for      01/09/94  02/12/96
                              Sources of Chemical                 61 FR 5295............
                              Emissions.
Section 6..................  New Sources...........     01/09/94  02/12/96                Subsection 2 Other
                                                                  61 FR 5295............   Limitations and
                                                                                           Subsection 3 NSPS
                                                                                           have not been
                                                                                           Federally approved.
Section 7..................  Exceptions............     02/04/72  05/31/72
                                                                  37 FR 10875...........
Section 9..................  Stack Height               05/01/86  09/23/87
                              Considerations.                     51 FR 35704...........
Section 10.................  Provisions for Upsets,     01/09/94  02/12/96
                              Startups, and                       61 FR 5295............
                              Shutdowns.
Section 11.................  Severability..........     01/09/94  02/12/96
                                                                  61 FR 5295............
APC-S-2....................       Mississippi commission On Environmental Quality Permit Regulations for the
                                                Construction and/or Operation of Air Equipment
Section I..................  General Requirements..     01/09/94  05/02/95
                                                                  60 FR 21442...........
Section II.................  General Standards          01/09/94  05/02/95
                              Applicable to All                   60 FR 21442...........
                              Permits.
Section III................  Standards for Granting     01/09/94  05/02/95
                              a State Permit to                   60 FR 21442...........
                              Operate An Existing
                              Source.
Section IV.................  Application for Permit     01/09/94  05/02/95
                              to Construct and                    60 FR 21442...........
                              State Permit to
                              Operate New Facility.
Section V..................  Public Participation       01/09/94  05/02/95
                              and Public                          60 FR 21442...........
                              Availability of
                              Information.
Section VI.................  Application Review....     01/09/94  05/02/95
                                                                  60 FR 21442...........
Section VII................  Compliance Testing....     01/09/94  05/02/95
                                                                  60 FR 21442...........
Section VIII...............  Emissions Evaluation       01/09/94  05/02/95
                              Report.                             60 FR 21442...........
Section IX.................  Procedures for Renewal     01/09/94  05/02/95
                              of State Permit to                  60 FR 21442...........
                              Operate.
Section X..................  Standards for Renewal      01/09/94  05/02/95
                              of State Permit to                  60 FR 21442...........
                              Operate.
Section XI.................  Reporting and Record       01/09/94  05/02/95
                              Keeping.                            60 FR 21442...........

[[Page 140]]

 
Section XII................  Emission Reduction         01/09/94  05/02/95
                              Schedule.                           60 FR 21442...........
Section XIII...............  Exclusions, Variances,     01/09/94  05/02/95
                              and General Permits.                60 FR 21442...........
Section XIV................  Permit Transfer.......     01/09/94  05/02/95
                                                                  60 FR 21442...........
Section XV.................  Severability..........     01/09/94  05/02/95
                                                                  60 FR 21442...........
APC-S-3....................             Regulations for Prevention of Air Pollution Emergency Episodes
Section 1..................  General...............     02/04/72  05/31/72
                                                                  37 FR 10875...........
Section 2..................  Definitions...........     02/04/72  05/31/72
                                                                  37 FR 10875...........
Section 3..................  Episode Criteria......     06/03/88  11/13/89
                                                                  54 FR 47211...........
Section 4..................  Emission Control           02/04/72  05/31/72
                              Action Programs.                    37 FR 10875...........
Section 5..................  Emergency Orders......     06/03/88  11/13/89
                                                                  54 FR 47211...........
APC-S-5....................       Regulations for the Prevention of Significant Deterioration of Air Quality
All........................    ....................     09/21/96  07/15/97
                                                                  62 FR 37726...........
----------------------------------------------------------------------------------------------------------------


[[Page 141]]

    (d) EPA-approved State Source specific requirements.

                              EPA-Approved Mississippi Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                       State         EPA
            Name of source                Permit     effective     approval                Comments
                                          number        date         date
----------------------------------------------------------------------------------------------------------------
None.
----------------------------------------------------------------------------------------------------------------

    (e) [Reserved]

[62 FR 35442, July 1, 1997, as amended at 62 FR 37726, July 15, 1997; 62 
FR 40139, July 25, 1997; 64 FR 35009, June 30, 1999]



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)-               I          I       III       III             I
 Gulfport (Mississippi) Interstate...................
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]



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

[[Page 142]]

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]



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]



Sec. 52.1281  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Mississippi'' and all revisions submitted by 
Mississippi that were federally approved prior to July 1, 1997.
    (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; 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.

[[Page 143]]

    (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 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.

[[Page 144]]

    (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.
    (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.

[[Page 145]]

    (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. Redesignated and amended at 62 FR 35442, 
July 1, 1997]

    Editorial Note: For Federal Register citations affecting 
redesignated Sec. 52.1281, formerly Sec. 52.1270, see the List of CFR 
Sections Affected in the Finding Aids section of this volume.



                          Subpart AA--Missouri



Sec. 52.1319  Identification of plan--Conditional approval.

    (a) Elements of the maintenance plan revision to the State 
Implementation Plan (SIP) submitted by the Governor's designee on March 
23, 1998, which address contingency measures for the Kansas City Ozone 
Maintenance Area are conditionally approved. This includes a commitment 
to implement the additional reductions as expeditiously as practicable.
    (b) Full approval of the SIP is conditioned upon receipt of one of 
the following by June 28, 2000: a letter from the Governor of Missouri 
requesting that EPA require the sale of Federal reformulated gasoline 
within the Missouri portion of the KCMA beginning April 15, 2000; an 
equivalent alternative state fuel regulation; or a regulation requiring 
Stage II vapor recovery systems at retail gasoline stations in the 
Missouri portion of the KCMA. If the state fails to submit one of the 
above requirements within the time specified, the conditional approval 
automatically converts to a disapproval without further regulatory 
action.

[64 FR 28757, May 27, 1999; 64 FR 32810, June 18, 1999]



Sec. 52.1320  Identification of Plan.

    (a) Purpose and scope. This section sets forth the applicable SIP 
for Missouri under section 110 of the CAA, 42 U.S.C. 7401, and 40 CFR 
part 51 to meet national ambient air quality standards (NAAQS).
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to July 1, 
1999, was approved for incorporation by reference by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. 
Material is incorporated as it exists on the date of the approval, and 
notice of any change in the material will be published in the Federal 
Register. Entries in paragraphs (c) and (d) of this section with EPA 
approval dates after July 1, 1999, will be incorporated by reference in 
the next update to the SIP compilation.
    (2) EPA Region VII certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated state 
rules/regulations which have been approved as part of the SIP as of July 
1, 1999.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region VII, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101; the Office of Federal Register, 800 North Capitol Street, 
NW, Suite 700, Washington, DC; or at EPA Air and Radiation Docket and 
Information Center, Air Docket (6102), 401 M Street, SW, Washington, DC 
20460.
    (c) EPA-approved regulations.

[[Page 146]]



                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
     Missouri citation                Title           effective      EPA approval date          Explanation
                                                         date
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
                                         Chapter 1--General Organization
----------------------------------------------------------------------------------------------------------------
10-1.010...................  General Organization..      10/1/82  7/21/83, 48 FR 33265..
----------------------------------------------------------------------------------------------------------------
  Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
 
----------------------------------------------------------------------------------------------------------------
10-2.030...................  Restriction of              11/1/79  5/22/81, 46 FR 27932..  9/27/84, 49 FR 38103
                              Emission of                                                  (correction).
                              Particulate Matter                                          10/5/89, 54 FR 41094
                              from Industrial                                              (correction).
                              Processes.
10-2.040...................  Maximum Allowable            9/4/84  1/24/85, 50 FR 3337...
                              Emission of
                              Particulate Matter
                              from Fuel Burning
                              Equipment Used for
                              Indirect Heating.
10-2.060...................  Restriction of               7/1/77  3/18/80, 45 FR 17145..
                              Emission of Visible
                              Air Contaminants.
10-2.080...................  Emission of Visible         2/25/70  3/18/80, 45 FR 17145..
                              Air Contaminants from
                              Internal Combustion
                              Engines.
10-2.090...................  Incinerators..........      2/25/70  3/18/80, 45 FR 17145..  The state has
                                                                                           rescinded this rule.
10-2.100...................  Open Burning                 4/2/84  8/31/84, 49 FR 34484..
                              Restrictions.
10-2.150...................  Time Schedule for           2/25/70  3/18/80, 45 FR 17145..
                              Compliance.
10-2.210...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from Solvent Metal                                           (correction).
                              Cleaning.
10-2.220...................  Liquefied Cutback            6/3/91  6/23/92, 57 FR 27939..
                              Asphalt Paving
                              Restricted.
10-2.230...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from Industrial                                              (correction).
                              Surface Coating
                              Operations.
10-2.260...................  Control of Petroleum       11/30/95  8/20/97, 62 FR 44219..
                              Liquid Storage,
                              Loading, and Transfer.
10-2.280...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from                                                         (correction).
                              Perchloroethylene Dry
                              Cleaning
                              Installations.
10-2.290...................  Control of Emissions        3/30/92  8/30/93, 58 FR 45451..  The state rule has
                              From Rotogravure and                                         Sections (6)(A) and
                              Flexographic Printing                                        (6)(B), which EPA has
                              Facilities.                                                  not approved.
                                                                                          9/6/94, 59 FR 43376
                                                                                           (correction).
10-2.300...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from the                                                     (correction).
                              Manufacturing of                                            Section (1)(A) is not
                              Paints, Varnishes,                                           a part of the SIP.
                              Lacquers, Enamels and
                              Other Allied Surface
                              Coating Products.
10-2.310...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from the Application                                         (correction).
                              of Automotive
                              Underbody Deadeners.
10-2.320...................  Control of Emissions       11/29/91  8/24/94, 59 FR 43480..  4/3/95, 60 FR 16806
                              from Production of                                           (correction).
                              Pesticides and
                              Herbicides.
10-2.330...................  Control of Gasoline         9/30/97  4/24/98, 63 FR 20318..
                              Reid Vapor Pressure.
10-2.340...................  Control of Emissions       10/15/91  6/23/92, 57 FR 27939..
                              from Lithographic
                              Printing Facilities.
10-2.360...................  Control of Emissions       11/30/95  7/20/98, 63 FR 38755..
                              from Bakery Ovens.

[[Page 147]]

 
10-2.390...................  Conformity to State        11/30/96  9/5/97, 62 FR 46880...  2/10/98, 63 FR 6645
                              Implementation Plans                                         (correction).
                              of Transportation
                              Plans, Programs, and
                              Projects Developed,
                              Funded, or Approved
                              Under Title 23 U.S.C.
                              or the Federal
                              Transit Act.
----------------------------------------------------------------------------------------------------------------
                   Chapter 3--Air Pollution Control Regulations for the Outstate Missouri Area
 
----------------------------------------------------------------------------------------------------------------
10-3.010...................  Auto Exhaust Emission        2/1/78  3/18/80, 45 FR 17145..
                              Controls.
10-3.030...................  Open Burning                7/31/98  4/1/99, 64 FR 15688...
                              Restrictions.
10-3.040...................  Incinerators..........       2/1/78  3/18/80, 45 FR 17145..  The state has
                                                                                           rescinded this rule.
10-3.050...................  Restriction of              10/2/78  7/6/82, 47 FR 29233...
                              Emission of
                              Particulate Matter
                              From Industrial
                              Processes.
10-3.060...................  Maximum Allowable            9/4/84  1/24/85, 50 FR 3337...  EPA has not approved
                              Emissions of                                                 the exemption in
                              Particulate Matter                                           Section (7).
                              From Fuel Burning
                              Equipment.
10-3.080...................  Restriction of              4/30/96  11/27/98, 63 FR 65559.
                              Emission of Visible
                              Air Contaminants.
----------------------------------------------------------------------------------------------------------------
    Chapter 4--Air Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area
 
----------------------------------------------------------------------------------------------------------------
10-4.030...................  Restriction of              11/1/79  5/22/81, 46 FR 27932..  9/24/84, 49 FR 38103
                              Emission of                                                  (correction).
                              Particulate Matter                                          10/5/89, 54 FR 41094
                              From Industrial                                              (correction).
                              Processes.
10-4.040...................  Maximum Allowable            9/4/84  1/24/85, 50 FR 3337...
                              Emission of
                              Particulate Matter
                              From Fuel Burning
                              Equipment Used for
                              Indirect Heating.
10-4.060...................  Restrictions of              7/1/77  3/18/80, 45 FR 17145..
                              Emission of Visible
                              Air Contaminants.
10-4.080...................  Incinerators..........     12/16/69  3/18/80, 45 FR 17145..  The state has
                                                                                           rescinded this rule.
10-4.090...................  Open Burning                 4/2/84  8/31/84, 49 FR 34484..
                              Restrictions.
10-4.140...................  Time Schedule for          12/15/69  3/18/80, 45 FR 17145..
                              Compliance.
----------------------------------------------------------------------------------------------------------------
   Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
 
----------------------------------------------------------------------------------------------------------------
10-5.030...................  Maximum Allowable            9/4/84  1/24/85 50 FR 3337....
                              Emission of
                              Particulate Matter
                              from Fuel Burning
                              Equipment Used for
                              Indirect Heating.
10-5.040...................  Use of Fuel in Hand-        9/18/70  3/18/80 45 FR 17145...
                              Fired Equipment
                              Prohibited.
10-5.050...................  Restriction of              11/1/79  5/22/81 46 FR 27932...  9/27/84 49 FR 38103
                              Emission of                                                  (correction).
                              Particulate Matter                                          10/5/89 54 FR 41094
                              From Industrial                                              (correction).
                              Processes.
10-5.060...................  Refuse Not To Be            9/18/70  3/18/80 45 FR 17145...  The state has
                              Burned in Fuel                                               rescinded this rule.
                              Burning Installations.
10-5.070...................  Open Burning                 4/2/84  8/31/84 49 FR 34484...
                              Restrictions.
10-5.080...................  Incinerators..........      9/18/70  3/18/80 45 FR 17145...  The state has
                                                                                           rescinded this rule.
10-5.090...................  Restriction of               7/1/77  4/9/80 45 FR 24140....  7/11/80 45 FR 46806
                              Emission of Visible                                          (correction).
                              Air Contaminants.
10-5.120...................  Information on Sales        9/18/70  3/18/80 45 FR 17145...
                              of Fuels to be
                              Provided and
                              Maintained.

[[Page 148]]

 
10-5.130...................  Certain Coals to be         9/18/70  3/18/80 45 FR 17145...
                              Washed.
10-5.180...................  Emission of Visible         9/18/70  3/18/80 45 FR 17145...
                              Air Contaminants from
                              Internal Combustion
                              Engines.
10-5.220...................  Control of Petroleum       11/30/95  8/20/97 62 FR 44219...
                              Liquid Storage,
                              Loading and Transfer.
10-5.240...................  Additional Air Quality      9/18/70  3/18/80 45 FR 17145...
                              Control Measures May
                              Be Required When
                              Sources Are Clustered
                              in a Small Land Area.
10-5.250...................  Time Schedule for           1/18/72  3/18/80 45 FR 17145...
                              Compliance.
10-5.290...................  More Restrictive             5/3/82  8/30/82 47 FR 38123...  The state has deleted
                              Emission Limitations                                         all provisions to
                              for Sulfur Dioxide                                           N.L. Industries,
                              and Particulate                                              which is no longer in
                              Matter in the South                                          operation, and has
                              St. Louis Area.                                              made significant
                                                                                           changes to the
                                                                                           provisions affecting
                                                                                           Carondelet Coke.
10-5.300...................  Control of Emissions       11/29/91  8/24/94 59 FR 43480...  4/3/95 60 FR 16806
                              from Solvent Metal                                           (correction).
                              Cleaning.
10-5.310...................  Liquefied Cutback            3/1/89  3/5/90 55 FR 7712.....
                              Asphalt Restricted.
10-5.320...................  Control of Emissions       11/29/91  8/24/94 59 FR 43480...  4/3/95 60 FR 16806
                              from                                                         (correction).
                              Perchloroethylene Dry
                              Cleaning
                              Installations.
10-5.330...................  Control of Emissions       11/29/91  8/24/94 59 FR 43480...  4/3/95 60 FR 16806
                              from Industrial                                              (correction).
                              Surface Coating
                              Operations.
10-5.340...................  Control of Emissions        3/30/92  8/30/93 58 FR 45451...  The state rule has
                              From Rotogravure and                                         Section (6)(A)(B),
                              Flexographic Printing                                        which EPA has not
                              Facilities.                                                  approved.
                                                                                          9/6/94 59 FR 43376
                                                                                           (correction).
10-5.350...................  Control of Emissions       11/29/91  8/24/94 59 FR 4348....  04/3/95 60 FR 16806
                              From Manufacture of                                          (Correction Notice).
                              Synthesized
                              Pharmaceutical
                              Products.
10-5.360...................  Control of Emissions       11/29/91  8/24/94 59 FR 43480...  4/3/95 60 FR 16806
                              from Polyethylene Bag                                        (Correction Notice).
                              Sealing Operations.
10-5.370...................  Control of Emissions       11/29/91  8/24/94 59 FR 43480...  4/3/95 60 FR 16806
                              from the Application                                         (Correction Notice).
                              of Deadeners and
                              Adhesives.
10-5.380...................  Motor Vehicle                1/3/84  8/12/85 50 FR 32411...  ......................
                              Emissions Inspection.
10-5.390...................  Control of Emissions       11/29/91  8/24/94 59 FR 43480...  4/3/95 60 FR 16806
                              from Manufacturing of                                        (Correction Notice).
                              Paints, Varnishes,
                              Lacquers, Enamels and
                              Other Allied Surface
                              Coating Products.
10-5.410...................  Control of Emissions       11/29/91  8/24/94 59 FR 43480...  4/3/95 60 FR 16806
                              From Manufacture of                                          (Correction Notice).
                              Polystyrene Resin.
10-5.420...................  Control of Equipment         3/1/89  3/5/90 55 FR 7712.....
                              Leaks from Synthetic
                              Organic Chemical and
                              Polymer Manufacturing
                              Plants.
10-5.480...................  Conformity to State        11/30/96  9/5/97 62 FR 46880....  2/10/98 63 FR 6645
                              Implementation Plans                                         (correction).'
                              of Transportation                                            RUL='s
                              Plans, Programs, and
                              Projects Developed,
                              Funded, or Approved
                              Under Title 23 U.S.C.
                              or the Federal
                              Transit Act.
----------------------------------------------------------------------------------------------------------------

[[Page 149]]

 
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
 
----------------------------------------------------------------------------------------------------------------
10-6.010...................  Ambient Air Quality...      4/18/88  7/31/89 54 FR 31524...  The state adopted and
                                                                                           submitted a revised
                                                                                           ozone standard and a
                                                                                           lead standard which
                                                                                           EPA never acted on.
10-6.020...................  Definitions and Common      5/31/96  5/14/97 62 FR 26405...  ......................
                              Reference Tables.
10-6.030...................  Sampling Methods for       10/31/98  4/1/99 64 FR 15688....  ......................
                              Air Pollution Sources.
10-6.040...................  Reference Methods.....      4/18/88  7/31/89 54 FR 31524...  Section 7, pertaining
                                                                                           to percent sulfur in
                                                                                           liquid hydrocarbons,
                                                                                           is not part of the
                                                                                           SIP.
10-6.050...................  Start-up, Shutdown,         11/1/79  3/22/81, 46 FR 27932..  9/27/84 49 FR 38103
                              and Malfunction                                              (correction).
                              Conditions.
10-6.060...................  Construction Permits        3/31/98  12/22/98, 63 FR 70665.  Section 9, pertaining
                              Required.                                                    to hazardous air
                                                                                           pollutants, is not
                                                                                           part of the SIP.
10-6.065...................  Operating Permits.....     5/31/96,  5/14/97 62 FR 26405...  The state rule has
                                                                                           sections (4)(A),
                                                                                           (4)(B), and (4)(H)--
                                                                                           Basic State Operating
                                                                                           Permits. EPA has not
                                                                                           approved those
                                                                                           sections.
                                                                                          8/26/97 62 FR 45165
                                                                                           (revision notice).
10-6.110...................  Submission of Emission     12/31/95  8/26/97, 62 FR 45166..  Section (5), Emission
                              Data, Emission Fees                                          Fees, has not been
                              and Process                                                  approved as part of
                              Information.                                                 the SIP.
                                                                                          2/10/98 63 FR 6648
                                                                                           (correction).
10-6.120...................  Restriction of              5/31/96  3/5/97, 62 FR 9970....
                              Emissions of Lead
                              from Primary Lead
                              Smelter-Refinery
                              Installations.
10-6.130...................  Controlling Emissions       4/18/88  7/31/89, 54 FR 31524..
                              During Episodes of
                              High Air Pollution.
10-6.140...................  Restriction of               5/1/86  3/31/89, 54 FR 13184..
                              Emissions Credit for
                              Reduced Pollutant
                              Concentrations from
                              the Use of Dispersion
                              Techniques.
10-6.150...................  Circumvention.........      8/15/90  4/17/91 56 FR 15500...
10-6.170...................  Restriction of              9/30/96  1/21/98, 63 FR 3037...
                              Particulate Matter to
                              the Ambient Air
                              Beyond the Premises
                              of Origin.
10-6.180...................  Measurement of             11/19/90  7/23/91, 56 FR 33714..
                              Emissions of Air
                              Contaminants.
10-6.210...................  Confidential                1/27/95  2/29/96, 61 FR 7714...
                              Information.
10-6.260...................  Restriction of              7/31/96  8/27/98, 63 FR 45727..  EPA did not approve
                              Emission of Sulfur                                           section (4) of the
                              Compounds.                                                   state rule.
10-6.300...................  Conformity of General       8/31/96  5/14/97, 62 FR 26395..
                              Federal Actions to
                              State Implementation
                              Plans.
10-6.330...................  Charcoal Kilns........      6/30/98  12/8/98, 63 FR 67591..
----------------------------------------------------------------------------------------------------------------
   Missouri Department of Public Safety Division 50--State Highway Patrol Chapter 2--Motor Vehicle Inspection
 
----------------------------------------------------------------------------------------------------------------
50-2.010...................  Definitions...........      4/11/82  8/12/85, 50 FR 32411..
50-2.020...................  Minimum Inspection         10/11/82  8/12/85, 50 FR 32411..
                              Station Requirements.
50-2.030...................  Inspection Station         12/11/77  8/12/85, 50 FR 32411..
                              Classification.
50-2.040...................  Private Inspection          5/31/74  8/12/85, 50 FR 32411..
                              Stations.
50-2.050...................  Inspection Station         11/11/79  8/12/85, 50 FR 32411..
                              Permits.

[[Page 150]]

 
50-2.060...................  Display of Permits,        11/31/74  8/12/85, 50 FR 32411..
                              Signs and Poster.
50-2.070...................  Hours of Operation....     11/11/83  8/12/85, 50 FR 32411..
50-2.080...................  Licensing of Inspector/     4/13/78  8/12/85, 50 FR 32411..
                              Mechanics.
50-2.090...................  Inspection Station          8/11/78  8/12/85, 50 FR 32411..
                              Operational
                              Requirements.
50-2.100...................  Requisition of              6/12/80  8/12/85, 50 FR 32411..
                              Inspection Stickers
                              and Decals.
50-2.110...................  Issuance of Inspection     12/11/77  8/12/85, 50 FR 32411..
                              Stickers and Decals.
50-2.120...................  MVI-2 Form............     11/11/83  8/12/85, 50 FR 32411..
50-2.130...................  Violations of Laws or       5/31/74  8/12/85, 50 FR 32411..
                              Rules Penalty.
50-2.260...................  Exhaust System........      5/31/74  8/12/85, 50 FR 32411..
50-2.280...................  Air Pollution Control      12/11/80  8/12/85, 50 FR 32411..
                              Devices.
50-2.290...................  Fuel Tank.............       5/3/74  8/12/85, 50 FR 32411..
50-2.350...................  Applicability of Motor       5/1/84  8/12/85, 50 FR 32411..
                              Vehicle Emission
                              Inspection.
50-2.360...................  Emission Fee..........      11/1/83  8/12/85, 50 FR 32411..
50-2.370...................  Inspection Station         12/21/90  10/13/92, 57 FR 46778.
                              Licensing.
50-2.380...................  Inspector/Mechanic          11/1/83  8/12/85, 50 FR 32411..
                              Licensing.
50-2.390...................  Safety/Emission             11/1/83  8/12/85, 50 FR 32411..
                              Stickers.
50-2.400...................  Emission Test               6/15/87  9/15/88, 53 FR 35820..  Subsections (3)(B)3,
                              Procedures.                                                  (4)(A), (4)(B),
                                                                                           (4)(B)1 and 2,
                                                                                           (4)(B)5, and a
                                                                                           portion of (4)(B)6
                                                                                           are not approved as
                                                                                           part of the SIP.
50-2.401...................  General Specifications     12/21/90  10/13/92, 57 FR 46778.
50-2.402...................  MAS Software Functions     12/21/90  10/13/92, 57 FR 46778.  The SIP does not
                                                                                           include Section (6),
                                                                                           Safety Inspection.
50-2.403...................  Missouri Analyzer          12/21/90  10/13/92, 57 FR 46778.  The SIP does not
                              System (MAS) Display                                         include Section
                              and Program                                                  (3)(B)4, Safety
                              Requirements.                                                Inspection Sequences
                                                                                           or (3)(M)5(II),
                                                                                           Safety Inspection
                                                                                           Summary.
50-2.404...................  Test Record                12/21/90  10/13/92, 57 FR 46778.  The SIP does not
                              Specifications.                                              include Section (5),
                                                                                           Safety Inspection
                                                                                           Results.
50-2.405...................  Vehicle Inspection         12/21/90  10/13/92, 57 FR 46778.
                              Certificate, Vehicle
                              Inspection Report,
                              and Printer Function
                              Specifications.
50-2.406...................  Technical                  12/21/90  10/13/92, 57 FR 46778.
                              Specifications for
                              the MAS.
50-2.407...................  Documentation,             12/21/90  10/13/92 57 FR 46778..
                              Logistics and
                              Warranty Requirements.
50-2.410...................  Vehicles Failing           12/21/90  10/13/92, 57 FR 46778.
                              Reinspection.
50-2.420...................  Procedures for             12/21/90  10/13/92, 57 FR 46778.
                              Conducting Only
                              Emission Tests.
----------------------------------------------------------------------------------------------------------------
                                     Kansas City Article III--Air Pollution
 
----------------------------------------------------------------------------------------------------------------
18.83......................  Definitions...........     10/31/96  4/22/98, 63 FR 19823..
18.91......................  Incinerators..........     10/31/96  4/22/98, 63 FR 19823..
----------------------------------------------------------------------------------------------------------------
                                       Kansas City Chapter 8--Air Quality
 
----------------------------------------------------------------------------------------------------------------
8-2........................  Definitions...........     10/31/96  4/22/98, 63 FR 19823..
8-4........................  Open Burning..........     10/31/96  4/22/98, 63 FR 19823..
----------------------------------------------------------------------------------------------------------------
                            Springfield--Chapter 2A--Air Pollution Control Standards
 
----------------------------------------------------------------------------------------------------------------
Article I..................  Definitions...........     10/31/96  4/22/98, 63 FR 19823..  Only Section 2A-2 is
                                                                                           approved by EPA.

[[Page 151]]

 
Article VII................  Stack Emission Test        10/31/96  4/22/98, 63 FR 19823..  Only Section 2A-25 is
                              Method.                                                      approved by EPA.
Article IX.................  Incinerator...........     10/31/96  4/22/98, 63 FR 19823..  Only Sections 2A-34
                                                                                           through 38 are
                                                                                           approved by EPA.
Article XX.................  Test Methods and           10/31/96  4/22/98, 63 FR 19823..  Only Sections 2A-51,
                              Tables.                                                      55, and 56 are
                                                                                           approved by EPA.
----------------------------------------------------------------------------------------------------------------
                                          St Louis City Ordinance 59270
 
----------------------------------------------------------------------------------------------------------------
Section 4..................  Definitions...........     10/31/96  4/22/98, 63 FR 19823..
Section 12.................  Open Burning               10/31/96  4/22/98, 63 FR 19823..
                              Restrictions.
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                            State
          Name of source            Order/permit number   effective     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
ASARCO Inc. Lead Smelter Glover,   Order...............      8/13/80  4/27/81, 46 FR 23412
 MO.
St. Joe Lead (Doe Run) Company     Order...............      3/21/84  6/11/84, 49 FR 24022
 Lead Smelter Herculaneum, MO.
AMAX Lead (Doe Run) Company Lead   Order...............      9/27/84  1/7/85, 50 FR 788...
 Smelter Boss, MO.
Gusdorf Operating Permit 11440     Permit Nos: 04682-
 Lackland Road St Louis County,     04693.
 MO.
4/29/80 (St Louis County)........  10/15/84, 49 FR
                                    40164.
Doe Run Lead Smelter Herculaneum,  Consent Order.......       3/9/90  3/6/92, 57 FR 8077..
 MO.
Doe Run Lead Smelter Herculaneum,  Consent Order.......      8/17/90  3/6/92, 57 FR 8077..
 MO.
Doe Run Lead Smelter Herculaneum,  Consent Order.......       7/2/93  5/5/95, 60 FR 22334.
 MO.
Doe Run Lead Smelter Herculaneum,  Consent Order             4/28/94  5/5/95, 60 FR 22334.  In a notice
 MO.                                (Modification).                                          published on 8/15/
                                                                                             97 at 62 FR 43647,
                                                                                             EPA required
                                                                                             implementation of
                                                                                             the contingency
                                                                                             measures.
Doe Run Lead Smelter Herculaneum,  Consent Order            11/23/94  5/5/95, 60 FR 22334.
 MO.                                (Modification).
Doe Run Buick Lead Smelter Boss,   Consent Order.......       7/2/93  8/4/95, 60 FR 39851.
 MO.
Doe Run Buick Lead Smelter Iron    Consent Order             9/29/94  8/4/95, 60 FR 39851.
 County, MO.                        (Modification).
ASARCO Glover Lead Smelter         Consent Decree CV596-     7/30/96  3/5/97, 62 FR 9970..
 Glover, MO.                        98CC with exhibits
                                    A-G.
                                        St Louis City Incinerator Permits
Washington University School of    Pathological              2/20/97  4/22/98, 63 FR 19823
 Medicine.                          Incinerator
                                    (RETORT) Permit No.
                                    96-10-083.
Washington University School of    Medical Waste             2/20/97  4/22/98, 63 FR 19823
 Medicine.                          Incinerator Permit
                                    No. 96-10-084.
St Louis University..............  Medical Waste             9/22/92  4/22/98, 63 FR 19823
                                    Incinerator.
----------------------------------------------------------------------------------------------------------------


                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                      Applicable
    Name of nonregulatory SIP        geographic or      State submittal    EPA approval date      Explanation
            provision             nonattainment Area         date
----------------------------------------------------------------------------------------------------------------
Kansas City and Outstate Air      Kansas City and     1/24/72...........  5/31/72, 37 FR
 Quality Control Regions Plan.     Outstate.                               10875.

[[Page 152]]

 
Implementation Plan for the       St. Louis.........  1/24/72...........  5/31/72, 37 FR
 Missouri portion of the St.                                               10875.
 Louis Interstate Air Quality
 Control Region.
 Effects of adopting Appendix B   St. Louis.........  3/27/72...........  5/31/72, 37 FR
 to NO \2\ emissions.                                                      10875.
CO air quality data base........  St. Louis.........  5/2/72............  5/31/72, 37 FR
                                                                           10875.
Budget and manpower projections.  Statewide.........  2/28/72...........  10/28/72, 37 FR
                                                                           23089.
Emergency episode manual          Kansas City.......  5/11/72...........  10/28/72, 37 FR
                                                                           23089.
Amendments to Air Conservation    Statewide.........  7/12/72...........  10/28/72, 37 FR
 Law.                                                                      23089.
Air monitoring plan.............  Outstate..........  7/12/72...........  10/28/72, 37 FR
                                                                           23089.
Amendments to Air Conservation    Statewide.........  8/8/72............  10/28/72, 37 FR
 Law.                                                                      23089.
Transportation control strategy.  Kansas City.......  5/11/73, 5/21/73,.  6/22/73 38 FR
                                                                           16566.
Analysis of ambient air quality   Kansas City.......  4/11/74...........  3/2/76, 41 FR 8962
 data and recommendation to not
 designate the area as an air
 quality maintenance area.
Recommendation to designate air   St. Louis,          5/6/74............  9/9/75, 40 FR
 quality maintenance areas.        Columbia,                               41950.
                                   Springfield.
Plan to attain the NAAQS........  Kansas City St.     7/2/79 4/9/80, 45   24140.............  Correction notice
                                   Louis.              FR.                                     published 7/11/
                                                                                               80.
Schedule for I/M program and      St. Louis.........  9/9/80............  3/16/81, 46 FR
 commitment regarding difficult                                            16895.
 transportation control measures
 (TCMs).
Lead SIP........................  Statewide.........  9/2/80, 2/11/81, 2/ 4/27/81, 46 FR      Correction notice
                                                       13/81.              23412.              published 5/15/
                                                                          7/19/84, 49 FR       81.
                                                                           29218.
Report on recommended I/M         St. Louis.........  12/16/80..........  8/27/81, 46 FR      No action was
 program.                                                                  43139.              taken on the
                                                                                               specific
                                                                                               recommendations
                                                                                               in the report.
Report outlining commitments to   St. Louis.........  2/12/81, 4/28/81..  11/10/81, 46 FR
 TCMs, analysis of TCMs, and                                               55518.
 results of CO dispersion
 modeling.
1982 CO and ozone SIP...........  St. Louis.........  12/23/82, 8/24/83.  10/15/84, 49 FR
                                                                           40164.
Air quality monitoring plan.....  Statewide.........  6/6/84............  9/27/84, 49 FR
                                                                           38103.
Vehicle I/M program.............  St. Louis.........  8/27/84...........  8/12/85, 50 FR
                                                                           32411.
Visibility protection plan......  Hercules Glades     5/3/85............  2/10/86, 51 FR
                                   and Mingo                               4916.
                                   Wildlife Area.
Plan for attaining the ozone      St. Louis.........  8/1/85............  9/3/86, 51 FR
 standard by December 31, 1987.                                            31328.
PM \10\ plan....................  Statewide.........  3/29/88, 6/15/88..  7/31/89, 54 FR
                                                                           31524.
Construction permit fees          Statewide.........  1/24/89, 9/27/89..  1/9/90, 55 FR 735.
 including Chapter 643 RSMo.
PSD NOX requirements including a  Statewide.........  7/9/90............  3/5/91, 56 FR 9172
 letter from the state
 pertaining to the rules and
 analysis.
Lead plan.......................  Herculaneum.......  9/6/90, 5/8/91....  3/6/92, 57 FR 8076
Ozone maintenance plan..........  Kansas City.......  10/9/91...........  6/23/92, 57 FR
                                                                           27939.
Small business assistance plan..  Statewide.........  3/10/93...........  10/26/93, 58 FR
                                                                           57563.
Part D Lead plan................  Herculaneum.......  7/2/93, 6/30/94,    5/5/95, 60 FR
                                                       11/23/94.           22274.

[[Page 153]]

 
Intermediate permitting program   Statewide.........  3/31/94, 11/7/94,   9/25/95, 60 FR
 including three letters                               10/3/94, 2/10/95.   49340.
 pertaining to authority to
 limit potential to emit
 hazardous air pollutants.
Part D lead plan................  Bixby.............  7/2/93, 6/30/94...  8/4/95, 60 FR
                                                                           39851.
Transportation conformity plans   St. Louis, Kansas   2/14/95...........  2/29/96, 61 FR
 including a policy agreement      City.                                   7711.
 and a letter committing to
 implement the state rule
 consistent with the Federal
 transportation conformity rule.
Emissions inventory update        Kansas City.......  4/12/95...........  4/25/96, 61 FR
 including a motor vehicle                                                 18251.
 emissions budget.
Part D Lead Plan................  Glover............  8/14/96...........  3/5/97, 62 FR 9970
CO Maintenance Plan.............  St. Louis.........  6/13/97, 6/15/98..  1/26/99, 64 FR
                                                                           3855.
----------------------------------------------------------------------------------------------------------------


[64 FR 34719, June 29, 1999]



Sec. 52.1321  Classification of regions.

    The Missouri 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)
----------------------------------------------------------------------------------------------------------------
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  Original Identification of Plan Section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Missouri'' and all revisions submitted by Missouri that 
were Federally approved prior to July 1, 1999.
    (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,

[[Page 154]]

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 10-4.030; 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

[[Page 155]]

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.
    (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

[[Page 156]]

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 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.

[[Page 157]]

    (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.
    (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;

[[Page 158]]

    (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]
    (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.

[[Page 159]]

    (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 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.

[[Page 160]]

    (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.
    (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

[[Page 161]]

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
    (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

[[Page 162]]

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, 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.

[[Page 163]]

    (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.
    (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 
new source review rules, update and add numerous definitions, revise the 
maximum allowable increase for particulate matter under the requirements 
for prevention of significant deterioration, 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, except section 5, effective May 9, 1994; and 10 CSR 10-
6.210, Confidential Information, effective May 9, 1994.
    (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.

[[Page 164]]

    (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 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

[[Page 165]]

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.
    (95) Plan revisions were submitted by the Missouri Department of 
Natural Resources on August 14, 1996, which reduce lead emissions from 
the Asarco primary lead smelter located within the lead nonattainment 
area defined by the boundaries of the Liberty and Arcadia Townships 
located in Iron County, Missouri.
    (i) Incorporation by reference.
    (A) Rule 10 CSR 10-6.120, Restriction of Emissions of Lead From 
Primary Lead Smelter--Refinery Installations, except subsection 2(B) and 
2(C), and section 4, effective June 30, 1996.
    (B) Consent Decree Case Number CV596-98CC, STATE OF MISSOURI ex. 
rel. Jeremiah W. (Jay) Nixon and the Missouri Department of Natural 
Resources v. ASARCO, INC., Missouri Lead Division, effective July 30, 
1996, with Exhibits A, C, D, E, F, and G.
    (ii) Additional material.
    (A) Narrative SIP material submitted on August 14, 1996. This 
submittal includes the emissions inventory and the attainment 
demonstration.
    (96) Revisions to the Missouri SIP submitted by the Missouri 
Department of Natural Resources on March 13, 1996, and August 6, 1996, 
pertaining to its intermediate operating permit program. The EPA is not 
approving provisions of the rules which pertain to the basic operating 
permit program.
    (i) Incorporation by reference.
    (A) Regulations 10 C.S.R. 10-6.020, Definitions and Common Reference 
Tables, effective June 30, 1996; and 10 C.S.R. 10-6.065, Operating 
Permits, effective June 30, 1996, except sections (4)(A), (4)(B), and 
(4)(H).
    (97) On November 20, 1996, the Missouri Department of Natural 
Resources (MDNR) submitted a revised rule which pertains to general 
conformity.
    (i) Incorporation by reference.
    (A) Rule 10 CSR 10-6.300, entitled Conformity of General Federal 
Actions to State Implementation Plans, effective September 30, 1996.
    (98) Revision to the Missouri SIP submitted by the Missouri 
Department of Natural Resources on July 14, 1997.
    (i) Incorporation by reference.
    (A) Missouri Emergency Rule, 10 CSR 10-2.330, Control of Gasoline 
Reid Vapor Pressure, effective May 1, 1997, and expires October 27, 
1997.
    (99) Revisions to the ozone attainment plan were submitted by the 
Governor on February 1, 1996.
    (i) Incorporation by reference.
    (A) Missouri Rule 10 CSR 10-2.260, ``Control of Petroleum Liquid 
Storage, Loading, and Transfer,'' effective December 30, 1995.
    (B) Missouri Rule 10 CSR 10-5.220, ``Control of Petroleum Liquid 
Storage, Loading, and Transfer,'' effective December 30, 1995.
    (100) A revision to the Missouri SIP was submitted by the Missouri 
Department of Natural Resources on February 1, 1996, pertaining to 
Emission Data, Emission Fees, and Process Information.
    (i) Incorporation by reference.
    (A) Missouri Rule 10 CSR 10-6.110, ``Emission Data, Emission Fees, 
and Process Information,'' effective December 30, 1995.

[[Page 166]]

    (101) On January 10, 1997, and February 2, 1997, the Missouri 
Department of Natural Resources submitted revised rules pertaining to 
transportation conformity.
    (i) Incorporation by reference.
    (A) Regulation 10 CSR 10-2.390, 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 December 30, 1996.
    (B) Regulation 10 CSR 10-5.480, 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 December 30, 1996.
    (102) Revised regulations for the control of fugitive particulate 
matter emissions were submitted by the Missouri Department of Natural 
Resources (MDNR) on September 25, 1990, and on November 20, 1996.
    (i) Incorporation by reference.
    (A) Regulation 10 CSR 10-6.170, entitled Restriction of Particulate 
Matter Beyond the Premises of Origin, effective November 30, 1990, as 
amended October 30, 1996.
    (B) Rescission of regulation 10 CSR 10-2.050, entitled Preventing 
Particulate Matter From Becoming Airborne, effective September 28, 1990.
    (C) Rescission of regulation 10 CSR 10-3.070, entitled Restriction 
of Particulate Matter From Becoming Airborne, effective September 28, 
1990.
    (D) Rescission of regulation 10 CSR 10-4.050, entitled Preventing 
Particulate Matter From Becoming Airborne, effective September 28, 1990.
    (E) Rescission of regulation 10 CSR 10-5.100, entitled Preventing 
Particulate Matter From Becoming Airborne, effective on September 28, 
1990.
    (ii) Additional material.
    (A) Letter from Missouri submitted on February 24, 1997, pertaining 
to the submission of supplemental documentation.
    (103) Revisions to the Missouri plan were submitted by the Governor 
on March 20, 1997.
    (i) Incorporation by reference.
    (A) St. Louis City Ordinance 59270, Section 4--Definitions, numbers 
80. ``Open Burning,'' 100. ``Refuse,'' 108. ``Salvage Operation,'' and 
126. ``Trade Waste'' only; and Section 12, effective October 23, 1984.
    (B) St. Louis City Permit No. 96-10-084, issued to Washington 
University School of Medicine Medical Waste Incinerator, 500 S. Euclid 
Avenue, effective February 20, 1997.
    (C) St. Louis City Permit No. 96-10-083, issued to Washington 
University School of Medicine Pathological Incinerator, 4566 Scott 
Avenue, effective February 20, 1997.
    (D) St. Louis City Operating Permit, issued to St. Louis University 
Medical Center Medical Waste Incinerator, 3628 Rutger Avenue, effective 
August 3, 1992.
    (E) Kansas City Air Quality Control Code C.S. No. 56726, Chapter 8, 
Sections: 8-2, definitions for ``Open burning,'' ``Refuse,'' ``Salvage 
operation,'' and ``Trade waste''; and 8-4, only, effective August 2, 
1984.
    (F) Remove St. Louis City Ordinance 50163, effective June 11, 1968.
    (G) Remove St. Louis City Ordinance 54699, effective March 27, 1967.
    (H) Remove St. Louis County Air Pollution Control Code SLCRO, Title 
VI, Chapter 612, effective February 22, 1967.
    (I) Remove Kansas City Air Pollution Control Code C.S. No. 36539, 
Chapter 18, except sections: 18.83--Definitions, subsections (13) 
``Incinerators'' and (15) ``Multiple Chamber Incinerators''; and 18.91--
Incinerators, effective August 31, 1972.
    (J) Remove City of Springfield Air Pollution Control Standard G.O. 
No. 1890, Chapter 2A, except sections: 2A-2--Definitions, the 
definitions for ``Director of Health,'' ``Existing Equipment,'' 
``Incinerator,'' ``Multiple-chamber incinerator,'' ``New equipment,'' 
``Open burning,'' ``Particulate matter,'' ``Refuse,'' and ``Trade 
waste''; 2A-25; 2A-34; 2A-35; 2A-36; 2A-37; 2A-38; 2A-51; 2A-55; and 2A-
56, effective October 12, 1969.
    (104) [Reserved]
    (105) Revision to the Missouri SIP submitted by the Missouri 
Department of Natural Resources on November 13, 1997.
    (i) Incorporation by reference.

[[Page 167]]

    (A) Missouri Rule, 10 CSR 10-2.330, Control of Gasoline Reid Vapor 
Pressure, effective October 30, 1997.
    (106) On December 17, 1996, the Missouri Department of Natural 
Resources submitted a revised rule pertaining to capture efficiency.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.030 entitled, ``Sampling Methods 
for Air Pollution Sources,'' effective November 30, 1996.
    (107) New regulation for control of volatile organic emissions from 
Kansas City commercial bakeries submitted by the Missouri Department of 
Natural Resources March 13, 1996.
    (i) Incorporation by reference.
    (A) Rule 10 CSR 10-2.360 entitled ``Control of Emissions from Bakery 
Ovens,'' effective December 30, 1995.
    (108) On August 12, 1997, the Missouri Department of Natural 
Resources (MDNR) submitted a new rule which consolidated the 
SO2 rules into one and rescinded eight existing rules dealing 
with sulfur compounds.
    (i) Incorporation by reference.
    (A) Regulation 10 CSR 10-6.260, Restriction of Emission of Sulfur 
Compounds, except Section (4), Restriction of Concentration of Sulfur 
Compounds in the Ambient Air, and Section (3), Restriction of 
Concentration of Sulfur Compounds in Emissions, effective on August 30, 
1996.
    (B) Rescission of rules 10 CSR 10-2.160, Restriction of Emission of 
Sulfur Compounds; 10 CSR 10-2.200, Restriction of Emission of Sulfur 
Compounds From Indirect Heating Sources; 10 CSR 10-3.100, Restriction of 
Emission of Sulfur Compounds; 10 CSR 10-3.150, Restriction of Emission 
of Sulfur Compounds From Indirect Heating Sources; 10 CSR 10-4.150, 
Restriction of Emissions of Sulfur Compounds; 10 CSR 10-4.190, 
Restriction of Emission of Sulfur Compounds From Indirect Heating 
Sources; 10 CSR 10-5.110, Restrictions of Emission of Sulfur Dioxide for 
Use of Fuel; and 10 CSR 10-5.150, Emission of Certain Sulfur Compounds 
Restricted; effective July 30, 1997.
    (109) This State Implementation Plan (SIP) revision submitted by the 
state of Missouri on July 10, 1996, broadens the current rule exceptions 
to include smoke-generating devices. This revision would allow smoke 
generators to be used for military and other types of training when 
operated under applicable requirements.
    (i) Incorporation by reference.
    (A) Regulation 10 CSR 10-3.080, ``Restriction of Emission of Visible 
Air Contaminants,'' effective on May 30, 1996.
    (110) On May 28, 1998, the Missouri Department of Natural Resources 
submitted revisions to the construction permits rule.
    (i) Incorporation by reference.
    (A) Missouri Rule 10 CSR 10-6.060, ``Construction Permits 
Required,'' except Section (9), effective April 30, 1998.
    (111) A revision submitted by the Governor's designee on July 30, 
1998, that reduces air emissions from batch-type charcoal kilns 
throughout the state of Missouri.
    (i) Incorporation by reference:
    (A) New Missouri rule 10 CSR 10-6.330, Restriction of Emissions from 
Batch-Type Charcoal Kilns, effective July 30, 1998.
    (112) Revisions submitted on November 13, 1998, and December 7, 
1998, by the MDNR that modify Missouri's Out-state Open Burning Rule and 
add sampling methods to Missouri's Sampling Method Rule, respectively.
    (i) Incorporation by reference:
    (A) Revisions to Missouri rule 10 CSR 10-3.030 entitled ``Open 
Burning Restrictions,'' effective August 30, 1998.
    (B) Revisions to Missouri rule 10 CSR 10-6.030 entitled ``Sampling 
Methods for Air Pollution Sources,'' effective November 30, 1998.

[37 FR 10875, May 31, 1972. Redesignated and amended at 64 FR 34719, 
June 29, 1999]

    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. 52.1323  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

[[Page 168]]

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 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.


[[Page 169]]


    (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.
    (j) The state of Missouri revised 10 CSR 10-6.300 to remove language 
in paragraphs (3)(C)4 and (9)(B) which made the language more stringent 
than that contained in the Federal general conformity rule. This 
fulfills the requirements of the conditional approval granted effective 
May 10, 1996, as published on March 11, 1996.
    (k) The state of Missouri revised 10 CSR 10-2.390 for Kansas City 
and 10 CSR 10-5.480 for St. Louis to update the transportation 
conformity requirements contained in 40 CFR Part 51, Subpart T, 
effective November 14, 1995.
    (l) The Administrator conditionally approves Missouri emergency rule 
10 CSR 10-2.330 under Sec. 52.1320(c)(98). Full approval is contingent 
on the state submitting the permanent rule, to the EPA, by November 30, 
1997.
    (m) The Administrator approves Missouri rule 10 CSR 10-2.330 under 
Sec. 52.1320(c)(105). This fulfills the requirements of the conditional 
approval granted effective November 10, 1997, as published on October 9, 
1997.

[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; 62 FR 26396, May 14, 1997; 62 FR 46881, Sept. 5, 1997; 62 FR 
52661, Oct. 9, 1997; 63 FR 20320, Apr. 24, 1998]



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).
    (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).

[[Page 170]]

    (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.
    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.

[[Page 171]]

 
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]



Sec. 52.1340  Control strategy: Carbon monoxide.

    Approval--A maintenance plan and redesignation request for the St. 
Louis, Missouri, area was submitted by the Director of the Missouri 
Department of Natural Resources on June 13, 1997. Additional information 
was received on June 15, 1998. The maintenance plan and redesignation 
request satisfy all applicable requirements of the Clean Air Act.

[64 FR 3859, Jan. 26, 1999]



                           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, 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.

[[Page 172]]

    (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).
    (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.

[[Page 173]]

    (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.
    (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.

[[Page 174]]

    (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.
    (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.

[[Page 175]]

    (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 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

[[Page 176]]

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 
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

[[Page 177]]

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) On October 19, 1992, the Governor of Montana submitted a plan 
for the establishment and implementation of a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program to be 
incorporated into the Montana State Implementation Plan as required by 
section 507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Montana Code Annotated, Sections 75-2-106, 75-2-107, 75-2-108, 
75-2-109 and 75-2-220, to establish and fund a small business stationary 
source technical and environmental compliance assistance program, 
effective April 24, 1993.
    (ii) Additional materials.
    (A) October 19, 1992 letter from the Governor of Montana submitting 
a Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program plan to EPA.
    (B) The State of Montana plan for the establishment and 
implementation of a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program, adopted by the Board of 
Health and Environmental Sciences on September 25, 1992, effective 
September 25, 1992.
    (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.

[[Page 178]]

    (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 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,

[[Page 179]]

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 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.

[[Page 180]]

    (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, 
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.
    (42)  [Reserved]
    (43) On May 22, 1995, the Governor of Montana submitted revisions to 
the plan, which included revisions to the State's open burning 
regulation and other minor administrative revisions.
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of Montana (ARM), 
16.8.1301-1310, effective September 9, 1994; and
    (B) Revisions to the ARM, 16.8.708, 16.8.946, 16.8.1120, 16.8.1429, 
16.8.1702, 16.8.1802, and 16.8.2003, effective October 28, 1994.
    (44) The Governor of Montana submitted PM10 contingency 
measures and a recodification of the local regulations for Libby, 
Montana in a letter dated March 15, 1995. In addition, the Governor of 
Montana submitted revisions to the local open burning regulations and 
other minor administrative amendments on May 13, 1996.
    (i) Incorporation by reference.
    (A) Board order issued on December 16, 1994 by the Montana Board of 
Health and Environmental Sciences adopting stipulation of the Montana 
Department of Health and Environmental Sciences and Stimson Lumber 
Company.
    (B) Board order issued December 16, 1994 by the Montana Board of 
Health and Environmental Sciences adopting the PM10 
contingency measures as part of the Libby air pollution control program.
    (C) Board order issued on February 1, 1996 by the Montana Board of 
Environmental Review approving amendments to the Libby Air Pollution 
Control Program.
    (D) Lincoln Board of Commissioners Resolution No. 377, signed 
September 27, 1995, and Libby City Council Ordinance No. 1507, signed 
November 20, 1995, adopting revisions to the Lincoln County Air 
Pollution Control Program, Sections 75.1.103 through 75.1.719.
    (E) Lincoln County Air Pollution Control Program, Sections 75.1.101 
through 75.1.719, effective December 21, 1995.

[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:

[[Page 181]]



----------------------------------------------------------------------------------------------------------------
                                                                              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. 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

[[Page 182]]

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.
    (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

[[Page 183]]

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]



Sec. 52.1389  [Reserved]



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]



Sec. 52.1391  Emission inventories.

    The Governor of the State of Montana submitted the 1990 carbon 
monoxide base year emission inventories for Missoula and Billings on 
July 18, 1995, as a revision to the State Implementation Plan (SIP). The 
Governor submitted the 1990 carbon monoxide base year emission inventory 
for Great Falls on April 23, 1997, as a revision to the SIP. The 
inventories address emissions from point, area, on-road mobile, and non-
road sources. These 1990 base year carbon monoxide inventories satisfy 
the nonattainment area requirements of the Clean Air Act of section 
187(a)(1) for Missoula and section 172(c)(3) for Billings and Great 
Falls.

[62 FR 65616, Dec. 15, 1997]



                          Subpart CC--Nebraska



Sec. 52.1420  Identification of Plan.

    (a) Purpose and scope. This section sets forth the applicable SIP 
for Nebraska under section 110 of the CAA, 42 U.S.C. 7401 et seq., and 
40 CFR Part 51 to meet NAAQS.
    (b) Incorporation by reference.
    (1) Material listed in paragraphs (c), (d), and (e) of this section 
with an EPA approval date prior to July 1, 1998, was approved for 
incorporation by reference by the Director of the Federal

[[Page 184]]

Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Material 
is incorporated as it exists on the date of the approval, and notice of 
any change in the material will be published in the Federal Register. 
Entries in paragraphs (c), (d), and (e) of this section with the EPA 
approval dates after July 1, 1998, will be incorporated by reference in 
the next update to the SIP compilation.
    (2) EPA Region VII certifies that the rules/regulations provided by 
the EPA in the SIP compilation at the addresses in paragraph (b)(3) are 
an exact duplicate of the officially promulgated state rules/regulations 
which have been approved as part of the SIP as of July 1, 1998.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region VII, Air 
Planning and Development Branch, 726 Minnesota Avenue, Kansas City, 
Kansas 66101; the Office of Federal Register, 800 North Capitol Street, 
N.W., Suite 700, Washington, D.C.; or at the EPA Air and Radiation 
Docket and Information Center, Air Docket (6102), 401 M Street, SW., 
Washington, DC 20460.
    (c) EPA-approved regulations.

                                                           EPA--Approved Nebraska Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     State
           Nebraska Citation                      Title            effective               EPA approval date                         Comments
                                                                      date
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    STATE OF NEBRASKA
                                                           DEPARTMENT OF ENVIRONMENTAL QUALITY
--------------------------------------------------------------------------------------------------------------------------------------------------------
129-1..................................              Definitions      5/29/95  10/18/95, 60 FR 53872....................
129-2..................................      Definition of Major      5/29/95  10/18/95, 60 FR 53872....................
                                                          Source
129-3..................................    Region and Subregions      6/26/94  1/04/95, 60 FR 372.......................
129-4..................................      Ambient Air Quality      6/26/94  1/04/95, 60 FR 372.......................
                                                       Standards
129-5..................................         Operating Permit      5/29/95  2/09/96, 61 FR 4899......................
129-6..................................      Emissions Reporting      5/29/95  10/18/95, 60 FR 53872....................
129-7..................................      Operating Permits--      5/29/95  2/09/96, 61 FR 4899......................
                                                     Application
129-8..................................         Operating Permit      5/29/95  10/18/95, 60 FR 53872....................
                                                         Content
129-9..................................        General Operating      5/29/95  10/18/95, 60 FR 53872....................
                                         Permits for Class I and
                                                      II Sources
129-10.................................    Operating Permits for      5/29/95  10/18/95, 60 FR 53872....................
                                               Temporary Sources
129-11.................................      Operating Permits--      5/29/95  10/18/95, 60 FR 53872....................
                                              Emergency; Defense
129-12.................................         Operating Permit      5/29/95  2/09/96, 61 FR 4899......................
                                          Renewal and Expiration
129-13.................................        Class I Operating      5/29/95  10/18/95, 60 FR 53872....................
                                             Permit--EPA Review;
                                         Affected States Review;
                                                 Class II Permit
129-14.................................          Permits--Public      5/29/95  10/18/95, 60 FR 53872....................
                                                   Participation
129-15.................................         Operating Permit      5/29/95  10/18/95, 60 FR 53872....................
                                         Modification; Reopening
                                                       for Cause
129-16.................................      Stack Heights; Good      6/26/94  1/04/95, 60 FR 372.......................
                                            Engineering Practice
                                                           (GEP)
129-17.................................   Construction Permits--      5/29/95  2/09/96, 61 FR 4899......................
                                                   When Required
129-19.................................            Prevention of      5/29/95  2/09/96, 61 FR 4899......................
                                                     Significant
                                            Deterioration of Air
                                                         Quality
129-20.................................   Particulate Emissions;      6/26/94  1/04/95, 60 FR 372.......................
                                                 Limitations and
                                           Standards (Exceptions
                                            Due to Breakdowns of
                                          Scheduled Maintenance:
                                                 See Chapter 34)

[[Page 185]]

 
129-21.................................             Controls for      6/26/94  1/05/95, 60 FR 372.......................
                                                   Transferring,
                                          Conveying, Railcar and
                                           Truck Loading at Rock
                                           Processing Operations
                                                  in Cass County
129-22.................................   Incinerators; Emission      6/26/94  1/04/95, 60 FR 372.......................
                                                       Standards
129-24.................................          Sulfur Compound      6/26/94  1/04/95, 60 FR 372.......................
                                             Emissions, Existing
                                                Sources Emission
                                                       Standards
129-25.................................          Nitrogen Oxides      5/29/95  2/09/96, 61 FR 4899......................
                                         (Calculated as Nitrogen
                                             Dioxide); Emissions
                                          Standards for Existing
                                              Stationary Sources
129-30.................................  Open Fires, Prohibited;      6/26/94  1/04/95, 60 FR 372.......................
                                                      Exceptions
129-32.................................    Dust; Duty to Prevent      6/26/94  1/04/95, 60 FR 372.......................
                                                       Escape of
129-33.................................         Compliance; Time      6/26/94  1/04/95, 60 FR 372.......................
                                                    Schedule for
129-34.................................        Emission Sources;      6/26/94  1/04/95, 60 FR 372.......................
                                             Testing; Monitoring
129-35.................................   Compliance; Exceptions      6/26/94  1/04/95, 60 FR 372.......................
                                                 Due to Startup,
                                                    Shutdown, or
                                                     Malfunction
129-36.................................     Control Regulations;      6/26/94  1/04/95, 60 FR 372.......................
                                             Circumvention, When
                                                        Excepted
129-37.................................              Compliance;      6/26/94  1/04/95, 60 FR 372.......................
                                                  Responsibility
129-38.................................      Emergency Episodes;      6/26/94  1/04/95, 60 FR 372.......................
                                         Occurrence and Control,
                                               Contingency Plans
129-39.................................   Visible Emissions from      6/26/94  1/04/95, 60 FR 372.......................
                                            Diesel-powered Motor
                                                        Vehicles
129-40.................................       General Conformity      5/29/95  2/12/96, 61 FR 5297......................
129-41.................................        General Provision      5/29/95  2/09/96, 61 FR 4899......................
129-42.................................        Consolidated with      5/29/95  2/09/96, 61 FR 4899......................
                                                      Chapter 41
129-43.................................        Consolidated with      5/29/95  2/09/96, 61 FR 4899......................
                                                      Chapter 41
129-44.................................        Consolidated with      5/29/95  2/09/96, 61 FR 4899......................
                                                      Chapter 41
Appendix I.............................       Emergency Emission      6/26/94  1/04/94, 60 FR 372.......................
                                                      Reductions
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       TITLE 115--RULES OF PRACTICE AND PROCEDURE
--------------------------------------------------------------------------------------------------------------------------------------------------------
115-1..................................     Definitions of Terms      8/08/93  1/04/95, 60 FR 372.......................
115-2..................................               Filing and      8/08/93  1/04/95, 60 FR 372.......................
                                                  Correspondence
115-3..................................           Public Records      8/08/93  1/04/95, 60 FR 372.......................
                                                    Availability
115-4..................................           Public Records      8/08/93  1/04/95, 60 FR 372.......................
                                                 Confidentiality
115-5..................................          Public Hearings      8/08/93  1/04/95, 60 FR 372.......................
115-6..................................     Voluntary Compliance      8/08/93  1/04/95, 60 FR 372.......................
115-7..................................          Contested Cases      8/08/93  1/04/95, 60 FR 372.......................
115-8..................................     Emergency Proceeding      8/08/93  1/04/95, 60 FR 372.......................
                                                        Hearings
115-9..................................      Declaratory Rulings      8/08/93  1/04/95, 60 FR 372.......................
115-10.................................               Rulemaking      8/08/93  1/04/95, 60 FR 372.......................
115-11.................................                Variances      8/08/93  1/04/95, 60 FR 372.......................
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 186]]

 
                                                 Lincoln-Lancaster County Air Pollution Control Program
                                                        Article 1--Administration and Enforcement
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 1..............................                   Intent      5/16/95  2/14/96, 61 FR 5701......................
Section 2..............................   Unlawful Acts--Permits      5/16/95  2/14/96, 61 FR 5701......................
                                                        Required
Section 3..............................  Violations--Hearing--Or      5/16/95  2/14/96, 61 FR 5701......................
                                                            ders
Section 4..............................         Appeal Procedure      5/16/95  2/14/96, 61 FR 5701......................
Section 5..............................                 Variance      5/16/95  2/14/96, 61 FR 5701......................
Section 7..............................   Compliance--Actions to      5/16/95  2/14/96, 61 FR 5701......................
                                          Enforce--Penalties for
                                                  Non-Compliance
Section 8..............................  Procedure for Abatement      5/16/95  2/14/96, 61 FR 5701......................
Section 9..............................             Severability      5/16/95  2/14/96, 61 FR 5701......................
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Article 2--Regulations and Standards
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 1..............................              Definitions      5/16/95  2/14/96, 61 FR 5701......................
Section 2..............................   Major Sources--Defined      5/16/95  2/14/96, 61 FR 5701......................
Section 4..............................      Ambient Air Quality      5/16/95  2/14/96, 61 FR 5701......................
                                                       Standards
Section 5..............................  Operating Permits--When      5/16/95  2/14/96, 61 FR 5701......................
                                                        Required
Section 6..............................    Emissions Reporting--      5/16/95  2/14/96, 61 FR 5701......................
                                                   When Required
Section 7..............................      Operating Permits--      5/16/95  2/14/96, 61 FR 5701......................
                                                     Application
Section 8..............................       Operating Permit--      5/16/95  2/14/96, 61 FR 5701......................
                                                         Content
Section 9..............................        General Operating      5/19/95  2/14/96, 61 FR 5701......................
                                         Permits for Class I and
                                                      II Sources
Section 10.............................    Operating Permits for      5/16/95  2/14/96, 61 FR 5701......................
                                              Temporary Services
Section 11.............................      Emergency Operating      5/16/95  2/14/96, 61 FR 5701......................
                                                Permits--Defense
Section 12.............................         Operating Permit      5/16/95  2/14/96, 61 FR 5701......................
                                          Renewal and Expiration
Section 14.............................          Permits--Public      5/16/95  2/14/96, 61 FR 5701......................
                                                   Participation
Section 15.............................         Operating Permit      5/16/95  2/14/96, 61 FR 5701......................
                                         Modifications--Reopenin
                                                     g for Cause
Section 16.............................     Stack--Heights--Good      5/16/95  2/14/96, 61 FR 5701......................
                                            Engineering Practice
                                                           (GEP)
Section 17.............................   Construction Permits--      5/16/95  2/14/96, 61 FR 5701......................
                                                   When Required
Section 19.............................            Prevention of      5/16/95  2/14/96, 61 FR 5701......................
                                                     Significant
                                            Deterioration of Air
                                                         Quality
Section 20.............................  Particulate Emissions--      5/16/95  2/14/96, 61 FR 5701......................
                                                 Limitations and
                                                       Standards
Section 22.............................    Incinerator Emissions      5/16/95  2/14/96, 61 FR 5701......................
Section 24.............................          Sulfur Compound      5/16/95  2/14/96, 61 FR 5701......................
                                             Emissions--Existing
                                               Sources--Emission
                                                       Standards
Section 25.............................          Nitrogen Oxides      5/16/95  2/14/96, 61 FR 5701......................
                                         (Calculated as Nitrogen
                                             Dioxide)--Emissions
                                          Standards for Existing
                                              Stationary Sources
Section 32.............................    Dust--Duty to Prevent      5/16/95  2/14/96, 61 FR 5701......................
                                                       Escape of
Section 33.............................         Compliance--Time      5/16/95  2/14/96, 61 FR 5701......................
                                                    Schedule for

[[Page 187]]

 
Section 34.............................       Emission Sources--      5/16/95  2/14/96, 61 FR 5701......................
                                             Testing--Monitoring
Section 35.............................   Compliance--Exceptions      5/16/95  2/14/96, 61 FR 5701......................
                                         Due to Startup Shutdown
                                                  or Malfunction
Section 36.............................    Control Regulations--      5/16/95  2/14/96, 61 FR 5701......................
                                             Circumvention--When
                                                        Expected
Section 37.............................  Compliance--Responsibil      5/16/95  2/14/96, 61 FR 5701......................
                                           ity of Owner/Operator
                                               Pending Review by
                                                        Director
Section 38.............................     Emergency Episodes--      5/16/95  2/14/96, 61 FR 5701......................
                                         Occurrence and Control--
                                               Contingency Plans
Appendix I.............................       Emergency Emission      5/16/95  2/14/96, 61 FR 5701......................
                                           Reduction Regulations
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      City of Omaha
                                                             Chapter 41--Air Quality Control
                                                                  Article I in General
--------------------------------------------------------------------------------------------------------------------------------------------------------
41-2...................................        Adoption of State      9/24/74  5/26/82, 47 FR 22954.....................
                                                Regulations with
                                                      Exceptions
41-4...................................   Enforcement--Generally      5/29/95  2/14/96, 61 FR 5701......................
41-5...................................   Same Health Department      5/29/95  2/14/96, 61 FR 5701......................
41-6...................................   Residential Exemptions      5/29/95  2/14/96, 61 FR 5701......................
41-9...................................                Penalties      5/29/95  2/14/96, 61 FR 5701......................
41-10..................................        Civil Enforcement      5/29/95  2/14/96, 61 FR 5701......................
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Article II--Permitting of Air Contaminant Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
41-23..................................          Prerequisite to      5/29/95  2/14/96, 61 FR 5701......................
                                                        Approval
41-27..................................      Signature Required;      5/29/95  2/14/96, 61 FR 5701......................
                                                       Guarantee
41-38..................................                    Funds      5/29/95  2/14/96, 61 FR 5701......................
41-40..................................    Fees--When Delinquent      5/29/95  2/14/96, 61 FR 5701......................
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Article IV--Waste Incinerators Division 1. Generally
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
41-60..................................              Definitions      5/29/95  2/14/96, 61 FR 5701......................
41-61..................................               Violations      5/26/70  5/31/72, 37 FR 10842.....................
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Article IV--Waste Incinerators Division 2. Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
41-70..................................          New or Modified      5/29/95  2/14/96, 61 FR 5701......................
                                                      Facilities
41-71..................................      Existing Facilities      5/29/95  2/14/96, 61 FR 5701......................
41-72..................................         Emission Testing      5/29/95  2/14/96, 61 FR 5701......................
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Article IV--Waste Incinerators Division 3. Design
--------------------------------------------------------------------------------------------------------------------------------------------------------
41-80..................................    New or Modified Waste      5/29/95  2/14/96, 61 FR 5701......................
                                                    Incinerators
41-81..................................    Existing Incinerators      5/29/95  2/14/96, 61 FR 5701......................
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                      EPA-Approved Nebraska Source-Specific Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       State
              Name of source                Permit   effective               EPA approval date                                 Comments
                                             No.       date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gould, Inc...............................      677     11/9/83  1/31/85, 50 FR 4510........................

[[Page 188]]

 
Asarco, Inc..............................     1520      6/6/96  3/20/97, 62 FR 13329.......................  The EPA did not approve paragraph 19.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                 EPA-Approved Nebraska Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable
    Name of nonregulatory SIP         geographic or          State       EPA approval date         Comments
            provision               nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
Air Quality Implementation Plan..  Statewide..........         1/28/72  5/31/72, 37 FR
                                                                         10842.
Confirmation That the State Does   Statewide..........         4/25/72  5/31/72, 37 FR
 Not Have Air Quality Control                                            10842.
 Standards Based on Attorney
 General's Disapproval.
Request for Two-Year Extension to  Omaha..............         1/24/72  7/27/72, 37 FR
 Meet the Primary NOX Standard.                                          15080.
Clarification of Section 11 of     Statewide..........         2/16/72  7/27/72, 37 FR
 the State's Plan.                                                       15080.
Letters Clarifying the             Omaha..............         10/2/72  5/14/73, 38 FR
 Application of the States                                               12696.
 Emergency Episode Rule.
Analysis of Ambient Air Quality    Omaha, Lincoln,              5/9/74  6/2/75, 40 FR 23746
 in Standard Metropolitan           Sioux City.
 Statistical Areas and
 Recommendations for Air Quality
 Maintenance Areas.
Amended State Law (LB1029) Giving  Statewide..........         2/10/76  6/23/76, 41 FR
 the Department of Environmental                                         25898.
 Quality Authority to Require
 Monitoring of Emissions,
 Reporting of Emissions and
 Release of Emissions Data.
Air Monitoring Plan..............  Statewide..........         6/19/81  10/6/81, 46 FR
                                                                         49122.
TSP Nonattainment Plan...........  Douglas and Cass            9/25/80  3/28/83, 48 FR
                                    Counties.                   8/9/82   12715.
Plan for Intergovernmental         Statewide..........          8/9/82  7/5/83, 48 FR 30631
 Consultation and Coordination
 and for Public Notification.
Lead Plan........................  Statewide except             1/9/81  11/29/83, 48 FR      The plan was
                                    Omaha.                      8/5/81   53697.               approved except
                                                               1/11/83                        that portion
                                                                                              pertaining to
                                                                                              Omaha.
Lead Nonattainment Plan..........  Omaha..............         7/24/84  1/31/85, 50 FR 4510
                                                              11/17/83
                                                                8/1/84
CO Nonattainment Plan............  Omaha..............          4/3/85  9/15/86, 51 FR
                                                                         32640.
CO Nonattainment Plan............  Lincoln............          4/3/85  9/19/86, 51 FR
                                                                         33264.
Revised Lead Nonattainment Plan..  Omaha..............          2/2/87  8/3/87, 52 FR 28694
Letter Pertaining to NOX Rules     Statewide..........          3/8/91  7/2/91, 56 FR 30335  State submittal
 and Analysis Which Certifies the                                                             date is date of
 Material Became Effective on                                                                 the letter.
 February 20, 1991.
Small Business Assistance Program  Statewide..........        11/12/92  8/30/93, 58 FR
                                                                         45452.
Class II Operating Permit Program  Statewide..........         2/16/94  1/4/95, 60 FR 372..
 Including Letter Committing to
 Submit Information to RACT/ BACT/
 LAER Clearinghouse, Letter
 Regarding Availability of State
 Operating Permits to the EPA and
 Specified Emissions Limits in
 Permits, and Letter Regarding
 the Increase in New Source
 Review Thresholds.

[[Page 189]]

 
Letter from City of Omaha          Omaha, Lincoln.....         9/13/95  2/14/96, 61 FR 5725  State submittal
 Regarding Authority to Implement                              11/9/95                        dates are dates of
 Section 112(l) and Letter from                                                               letters.
 the State Regarding Rule
 Omissions and PSD Program
 Implementation.
----------------------------------------------------------------------------------------------------------------

[64 FR 7103, Feb. 12, 1999]



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 
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

[[Page 190]]

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]



Sec. 52.1426  Original identification of plan section.

    (a) This section identifies the original ``Nebraska Air Quality 
Implementation Plan'' and all revisions submitted by Nebraska that were 
Federally approved prior to July 1, 1998.
    (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

[[Page 191]]

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.
    (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.

[[Page 192]]

    (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. 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

[[Page 193]]

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 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

[[Page 194]]

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.
    (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.
    (45) A revision to the Nebraska SIP to reduce lead emissions in the 
Omaha lead nonattainment area sufficient to bring that area back into 
attainment with the lead National Ambient Air Quality Standard.
    (i) Incorporation by reference.
    (A) Amended Complaint and Compliance Order Case No. 1520, signed 
June 6,

[[Page 195]]

1996, except for paragraph 19 and accompanying work practice manual in 
Appendix A.
    (ii) Additional material.
    (A) Supplemental document entitled, ``Methods for Determining 
Compliance'' submitted by the state to provide additional detail 
regarding the compliance methods for this Order.

[37 FR 10877, May 31, 1972. Redesignated and amended at 64 FR 7103, Feb. 
12, 1999]

    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. 52.1427  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.
    (1) Previously approved on May 31, 1972 and now deleted without 
replacement Rules 2.8 and 2.11.
    (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:


[[Page 196]]


    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;
    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.

    (A) Previously approved on July 10, 1980 and now deleted without 
replacement Statutes 445.506, 445.511, 445.516, and 445.521.
    (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.

[[Page 197]]

    (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, 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.

    (A) Previously approved on August 27, 1981 and now deleted without 
replacement Section 9, Rules 9.2 to 9.3.

    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).


[[Page 198]]


    (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).
    (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.

    (A) Previously approved on June 18, 1982 and now deleted without 
replacement Section 7, Rules 7.1 to 7.19 and Section 9, Rule 9.1.
    (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,

[[Page 199]]

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.
    (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.

[[Page 200]]

    (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.
    (36) On January 17, 1997, regulations for the following Health 
District were submitted by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Air Pollution Control District.
    (1) Section 58 revised on December 21, 1995.
    (37) On March 15, 1999, regulations for the following Health 
District were submitted by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Air Pollution Control District.
    (1) Sections 0 and 12 revised on April 23, 1998.
    (38) On August 7, 1998, regulations for the following Health 
District were submitted by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Health District.
    (1) Section 53 adopted on September 25, 1997.

[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.

    Effective Date Note:  At 64 FR 29580, June 2, 1999 Sec. 52.1470 was 
amended by adding paragraph (c)(38), effective July 2, 1999.



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)

[[Page 201]]

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 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

[[Page 202]]

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.
    (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

[[Page 203]]

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 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

[[Page 204]]

the centroid of the cross section if the cross sectional area is less 
than 4.647 m 2 (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 m 
2 (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.
    (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

[[Page 205]]

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 ft 3 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 (ft 3/hr at standard conditions, dry 
basis) by the sulfur dioxide concentration (lb/ft 3 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 (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

[[Page 206]]

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.
    (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.

[[Page 207]]

    (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 m 2 (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 m 
2 (50 ft 2) 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

[[Page 208]]

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.
    (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 ft 3 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.

[[Page 209]]

    (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 ft 3 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 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 (ft 3/hr at standard conditions, dry 
basis) by the sulfur dioxide concentration (lb/ft 3 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

[[Page 210]]

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.
    (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

[[Page 211]]

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 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

[[Page 212]]

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 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

[[Page 213]]

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 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

[[Page 214]]

    (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]



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  Extensions.

    The Administrator, by the 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 Clark 
County (Las Vegas Valley), Nevada carbon monoxide nonattainment area.

[61 FR 57333, Nov. 6, 1996]



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.

[[Page 215]]

 
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, 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

[[Page 216]]

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 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)-(c)  [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,

[[Page 217]]

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 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.

[[Page 218]]

    (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.
    (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

[[Page 219]]

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.
    (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.

[[Page 220]]

    (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.
    (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.

[[Page 221]]

    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.
    (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.
    (48)  [Reserved]
    (49) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on June 17, 1994, and December 21, 
1992.
    (i) Incorporation by reference.
    (A) Letters from the New Hampshire Air Resources Division dated June 
17, 1994, and December 21, 1992, submitting revisions to the New 
Hampshire State Implementation Plan.
    (B) Regulations Chapter Env-A 1200, Part Env-A 1211, ``Nitrogen 
Oxides (NOX),'' effective on May 20, 1994, and Chapter Env-A 
900, Part Env-A 901, sections Env-A 901.06 ``NOX 
Recordkeeping Requirements,'' and Env-A 901.07, ``NOX 
Reporting Requirements,'' effective on November 13, 1992.
    (50) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on July 7, 1995, September 18, 1995, 
and October 18, 1995.
    (i) Incorporation by reference.

[[Page 222]]

    (A) Letters from the New Hampshire Air Resources Division dated July 
7, 1995, September 18, 1995, and October 18, 1995, submitting revisions 
to the New Hampshire State Implementation Plan.
    (B) New Hampshire NOX RACT Order ARD-95-001, concerning 
Groveton Paperboard Corporation, effective on May 10, 1995.
    (C) New Hampshire NOX RACT Order ARD-95-002, concerning 
Plymouth Cogeneration Limited Partnership, effective September 12, 1995.
    (D) New Hampshire NOX RACT Order ARD-95-003, concerning 
Waterville Valley Ski Area Limited, effective September 19, 1995.
    (51) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on December 9, 1996, June 28, 1996, 
October 24, 1996, and July 10, 1995.
    (i) Incorporation by reference. (A) Letters from the New Hampshire 
Air Resources Division dated December 9, 1996, June 28, 1996, October 
24, 1996, July 10, 1995 and December 21, 1992 submitting revisions to 
the New Hampshire State Implementation Plan (SIP), and a letter dated 
November 21, 1997 withdrawing Env-A 1204.06 from the SIP submittal.
    (B) Regulations Part Env-A 801 ``Purpose;'' Part Env-A 802 ``Testing 
and Monitoring for Stationary Sources: General Requirements;'' Part Env-
A 902 ``Malfunctions and Breakdowns of Air Pollution Control 
Equipment;'' and Part Env-A 903 ``Compliance Schedules'' all effective 
November 15, 1992.
    (C) Regulations Part Env-A 803 ``VOC Testing;'' Part Env-A 804 
``Capture Efficiency;'' Sections Env-A 901.01 through 901.05, 901.08 and 
901.09 of Part Env-A 901 ``Recordkeeping and Reporting by Sources;'' and 
Part Env-A 1204 ``Stationary Sources of Volatile Organic Compounds 
(VOCs) (except 1204.06),'' all effective on August 31, 1995.
    (D) New Hampshire VOC RACT Order ARD-94-001, concerning L.W. 
Packard, effective May 5, 1995.
    (E) New Hampshire VOC RACT Order ARD-95-010, concerning Kalwall in 
Manchester, NH, effective September 10, 1996.
    (F) New Hampshire VOC RACT Order ARD-96-001, concerning Textile 
Tapes Corporation, NH, effective October 4, 1996.
    (52) A revision to the New Hampshire SIP regarding ozone monitoring. 
The State of New Hampshire will modify its SLAMS and its NAMS monitoring 
system 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) State of New Hampshire Photochemical Assessment Monitoring 
Stations--Network Plan--Network Overview.
    (ii) Additional material.
    (A) NH-DES letter dated December 13, 1994, and signed by Thomas M. 
Noel, Acting Director, NH-DES.
    (53) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on August 29, 1996. 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, for the Portsmouth-Dover-Rochester 
serious ozone nonattainment area, and the New Hampshire portion of the 
Boston-Lawrence-Worcester serious ozone nonattainment area.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated 
August 29, 1996 submitting a revision to the New Hampshire State 
Implementation Plan.
    (54) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on April 14, 1997, May 6, 1997, and 
September 24, 1997.
    (i) Incorporation by reference.
    (A) Letters from the New Hampshire Air Resources Division dated 
April 14, 1997, May 6, 1997, and September 24, 1997 submitting revisions 
to the New Hampshire State Implementation Plan.
    (B) New Hampshire NOX RACT Order ARD-97-001, concerning 
Public Service Company of New Hampshire in Bow, effective on April 14, 
1997.
    (C) New Hampshire NOX RACT Order ARD-95-011, concerning 
Hampshire Chemical Corporation, effective on May 6, 1997.

[[Page 223]]

    (D) New Hampshire NOX RACT Order ARD-97-003, concerning 
Crown Vantage, effective September 24, 1997.
    (55)-(57) [Reserved]
    (58) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on November 25, 1992.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated 
November 24, 1992 submitting a revision to the New Hampshire State 
Implementation Plan.
    (B) Part Env-A 1205 ``Volatile Organic Compounds (VOC): Gasoline 
Dispensing Facilities and Gasoline Tank Trucks,'' effective in the State 
of New Hampshire on August 17, 1992.
    (ii) Additional materials.
    (A) New Hampshire Department of Environmental Services ``Stage II 
Equivalency Demonstration,'' dated November 1992.
    (B) Nonregulatory portions of the submittal.

[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.

----------------------------------------------------------------------------------------------------------------
                                          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.

[[Page 224]]

 
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]



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 225]]



                                          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 226]]

 
                                   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
Purpose..........................  CH air 800, Part Env-    11/13/92  3/10/98.............  63 FR 11600.........  c(51)              Adds testing and
                                    A 801.                                                                                            monitoring
                                                                                                                                      procedures.
Testing and Monitoring for         CH air 800, Part Env-    11/13/92  3/10/98.............  63 FR 11600.........  c(51)              Adds testing and
 Stationary Sources: General        A 802.                                                                                            monitoring
 Requirements.                                                                                                                        procedures.
VOC Testing......................  CH air 800, Part Env-     8/21/95  3/10/98.............  63 FR 11600.........  c(51)              Adds testing and
                                    A 803.                                                                                            monitoring
                                                                                                                                      procedures.
Capture Efficiency...............  CH air 800, Part Env-     8/21/95  3/10/98.............  63 FR 11600.........  c(51)              Adds testing and
                                    A 804.                                                                                            monitoring
                                                                                                                                      procedures.
Continuous Emission Monitoring...  CH air 800, Part Env-    11/13/92  3/10/98.............  63 FR 11600.........  c(51)              Adds testing and
                                    A 805.                                                                                            monitoring
                                                                                                                                      procedures.
Testing for Diesel Engines and     CH air 800, Part Env-    11/13/92  3/10/98.............  63 FR 11600.........  c(51)              Adds testing and
 Motor Vehicles.                    A 806.                                                                                            monitoring
                                                                                                                                      procedures.
Approval of Alternate Methods....  CH air 800, Part Env-    11/13/92  3/10/98.............  63 FR 11600.........  c(51)              Adds testing and
                                    A 807.                                                                                            monitoring
                                                                                                                                      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)            ...................
Recordkeeping requirements.......  CH Air 900, Part Env-    11/13/92  4/9/97..............  62 FR 17092.........  (c)(49)            Adds NOX
                                    A 901, section Env-                                                                               recordkeeping
                                    A 901.06.                                                                                         requirements.

[[Page 227]]

 
                                   CH Air 900, Part Env-    11/13/92  4/9/97..............  62 FR 17092.........  (c)(49)            Adds NOX reporting
                                    A 901, section Env-                                                                               requirements.
                                    A 901.07.
Recordkeeping and Reporting by     CH air 900, Part Env-    11/13/92  3/10/98.............  63 FR 11600.........  c(51)              Adds recordkeeping
 Sources.                           A 901, sections                                                                                   and reporting
                                    901.01, 901.03,                                                                                   requirements.
                                    901.09.
Recordkeeping and Reporting by     CH air 900, Part Env-     8/21/95  3/10/98.............  63 FR 11600.........  c(51)              Adds recordkeeping
 Sources.                           A 901, sections                                                                                   and reporting
                                    901.02, 901.04,                                                                                   requirements.
                                    901.05, and 901.08.
Malfunctions and Breakdowns of     CH air 900, Part Env-    11/13/92  3/10/98.............  63 FR 11600.........  c(51)              Adds recordkeeping
 Air Pollution Control Equipment.   A 902.                                                                                            and reporting
                                                                                                                                      requirements.
Compliance Schedules.............  CH air 900, Part Env-    11/13/92  3/10/98.............  63 FR 11600.........  c(51)              Adds recordkeeping
                                    A 903.                                                                                            and reporting
                                                                                                                                      requirements.
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.
                                   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.
Nitrogen oxides emission limits..  CH Air 1200 Part Env-     5/20/94  4/9/97..............  62 FR 17092.........  (c)(49)            Adds NOX RACT
                                    A 1211.                                                                                           requirements.

[[Page 228]]

 
Stationary Sources of Volatile     CH air 1204, Part         8/21/95  3/10/98.............  63 FR 11600.........  c(51)              Adds VOC RACT
 Organic Compounds.                 Env-A 1204 (except                                                                                requirements.
                                    1204.09).                                                                                         Limited approval
                                                                                                                                      only of Env-A
                                                                                                                                      1204.27
Source Specific Order............  Order ARD-94-001....       5/5/95  3/10/98.............  63 FR 11600.........  c(51)              VOC RACT for L.W.
                                                                                                                                      Packard.
Source specific order............  Order ARD-95-001....      5/10/95  4/9/97..............  62 FR 17092.........  (c)(52)            Source specific NOX
                                                                                                                                      RACT order for
                                                                                                                                      Groveton
                                                                                                                                      Paperboard Corp.,
                                                                                                                                      in Groveton, NH.
                                   Order ARD-95-002....      9/12/95  4/9/97..............  62 FR 17093.........  (c)(50)            Source specific NOX
                                                                                                                                      RACT order for
                                                                                                                                      Plymouth
                                                                                                                                      Cogeneration Ltd.
                                                                                                                                      Partnership, in
                                                                                                                                      Plymouth, NH.
                                   Order ARD-95-003....      9/19/95  4/9/97..............  62 FR 17093.........  (c)(50)            Source specific NOX
                                                                                                                                      RACT order for
                                                                                                                                      Waterville Valley
                                                                                                                                      Ski Area Ltd., in
                                                                                                                                      Waterville Valley,
                                                                                                                                      NH.
Source Specific Order............  Order ARD-95-010....      9/10/96  3/10/98.............  63 FR 11600.........  c(51)              VOC RACT for
                                                                                                                                      Kalwall,
                                                                                                                                      Manchester.
Source Specific Order............  Order ARD-96-001....      10/4/96  3/10/98.............  63 FR 11600.........  c(51)              VOC RACT for
                                                                                                                                      Textile Tapes.
Source specific order............  Order ARD-97-001....     04/14/97  5/13/98.............  63 FR 26460.........  (c)(54)            Source specific NOX
                                                                                                                                      RACT order for
                                                                                                                                      Public Service of
                                                                                                                                      New Hampshire in
                                                                                                                                      Bow, NH.
Source specific order............  Order ARD-95-011....     05/06/97  5/13/98.............  63 FR 26460.........  (c)(54)            Source specific NOX
                                                                                                                                      RACT order for
                                                                                                                                      Hampshire Chemical
                                                                                                                                      Corporation in
                                                                                                                                      Nashua, NH.
Source specific order............  Order ARD-97-003....      9/24/97  5/13/98.............  63 FR 26460.........  (c)(54)            Source specific NOX
                                                                                                                                      RACT order for
                                                                                                                                      Crown Vantage in
                                                                                                                                      Berlin, NH.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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; 62 FR 17092, Apr. 9, 1997; 63 FR 11604, Mar. 10, 1998; 63 FR 26460, May 13, 1998]
 


[[Page 229]]



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 230]]



Sec. 52.1533  Emission inventories.

    (a) The Governor's designee for the State of New Hampshire submitted 
a 1990 base year emission inventory for the entire state on January 26, 
1993 as a revision to the State Implementation Plan (SIP). Subsequent 
revisions to the State's 1990 inventories were made, the last of which 
occurred on August 29, 1996. 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 the three nonattainment areas in the State. 
The three areas are the Portsmouth-Dover-Rochester serious area, the New 
Hampshire portion of the Boston-Lawrence-Worcester serious area, and the 
Manchester marginal area.
    (b) The inventory is for the ozone precursors which are volatile 
organic compounds, nitrogen oxides, and carbon monoxide. The inventory 
covers point, area, non-road mobile, on-road mobile, and biogenic 
sources.
    (c) The Portsmouth-Dover-Rochester serious nonattainment area 
includes all of Strafford County and part of Rockingham County. The New 
Hampshire portion of the Boston-Lawrence-Worcester serious area includes 
portions of Hillsborough and Rockingham Counties. The Manchester 
marginal area contains all of Merrimack County and portions of 
Hillsborough and Rockingham Counties.

[62 FR 55525, Oct. 27, 1997]



                         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.

[[Page 231]]

    (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 
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.

[[Page 232]]

 
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:

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

[[Page 233]]

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 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.

[[Page 234]]

    (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 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).

[[Page 235]]

    (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 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.

[[Page 236]]

    (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.
    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.

[[Page 237]]

    (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 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

[[Page 238]]

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:
    (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) Revisions to the New Jersey State Implementation Plan (SIP) for 
carbon monoxide concerning the control of carbon monoxide from mobile 
sources, dated November 15, 1992 and November 21, 1994 submitted by the 
New Jersey State Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Chapter 27, Title 7 of the New Jersey Administrative Code 
Subchapter 18, ``Control and Prohibition of Air Pollution from New or 
Altered Sources Affecting Ambient Air Quality (Emission Offset Rules),'' 
effective March 15, 1993.
    (ii) Additional material.
    (A) November 21, 1994, Technical update to the New Jersey Carbon 
Monoxide SIP.
    (55)-(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

[[Page 239]]

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).
    (59) Revisions to the State Implementation Plan submitted by the New 
Jersey Department of Environmental Protection on May 26, 1995, November 
8, 1995, January 10, 1996 and October 10, 1996.
    (i) Incorporation by reference.
    (A) Conditions of Approval Documents (COAD):
    The following facilities have been issued conditions of approval 
documents by New Jersey:
    (1) Edgeboro Disposal's landfill gas flares, Middlesex County, NJ 
COAD approval dated April 13, 1995, revised October 19, 1995 (effective 
November 6, 1995).
    (2) E.I. duPont DeNemours and Co.'s carbon regeneration furnace, 
Salem County, NJ COAD approval dated June 7, 1995.
    (3) Hoeganaes Corp.'s electric arc furnace and tunnel kiln, 
Burlington County, NJ COAD approval dated February 3, 1995.
    (4) E.I. duPont DeNemours and Co.'s hazardous waste incinerator, 
Salem County, NJ COAD approval dated July 7, 1995.
    (5) Rollins Environmental Services' hazardous waste incinerator, 
Gloucester County, NJ COAD approval dated May 25, 1995.
    (6) American Ref-Fuel's Municipal Waste Incinerator, Essex County, 
NJ NOX RACT approval dated February 6, 1995.
    (7) Union County Utilities Authority's Municipal Waste Incinerator, 
Union County; NJ NOX RACT approval dated May 10, 1994 with an 
attached permit to construct, operate, and a PSD permit dated December 
29, 1989.
    (8) PSE&G's Hudson Station Unit No. 2 utility boiler, Hudson County, 
NJ COAD approval dated May 9, 1995.
    (9) Algonquin Gas Transmission Co.'s simple cycle combustion 
turbines, Morris County, NJ COAD approval dated March 31, 1995.
    (10) Hoffmann-La Roche's combined cycle combustion turbines, Essex 
County, NJ COAD approval dated May 8, 1995.
    (11) International Flavors and Fragrances' non-utility boiler Number 
5, Monmouth County, NJ COAD approval dated June 9, 1995.
    (12) Parsippany-Troy Hills Township Sewer Authority's sewage sludge 
incinerators, Morris County, NJ COAD approval dated October 13, 1995.
    (13) Johnson Matthey's multi-chamber metals recovery furnace, 
Gloucester County, NJ COAD approval dated June 13, 1995.
    (14) 3M Company's rotary kiln and dryers, Somerset County, NJ COAD 
approval dated May 4, 1995.
    (15) Sandoz Pharmaceuticals Corporation's trash fired boiler, Morris 
County, NJ COAD approval dated March 23, 1995.
    (16) General Motors Corporation's non-utility boiler (No.4), Mercer 
County, NJ COAD approval dated June 22, 1995.
    (17) General Motors Corporation's Topcoat system, Union County, NJ 
COAD approval dated November 6, 1995.
    (18) United States Pipe and Foundry Company's cupolas and annealing 
ovens (No. 2 and No. 3), Burlington County, NJ COAD approval dated 
October 16, 1995.

[[Page 240]]

    (19) Griffin Pipe Products Company's cupola and annealing furnace, 
Burlington County, NJ COAD approval dated December 14, 1995.
    (20) Texas Eastern Transmission Corporation's internal combustion 
engines, Hunterdon County, NJ COAD approval dated May 9, 1995.
    (21) Texas Eastern Transmission Corporation's internal combustion 
engines, Union County, NJ COAD approval dated May 9, 1995.
    (ii) Additional information. Documentation and information to 
support NOX RACT facility-specific emission limits or 
alternative emission limits in four letters addressed to Regional 
Administrator Jeanne M. Fox from New Jersey Commissioner Robert C. 
Shinn, Jr. dated:
    (A) May 26, 1995 for two SIP revisions;
    (B) November 8, 1995 for eight SIP revisions;
    (C) January 10, 1996 for ten SIP revisions; and
    (D) October 10, 1996 for two SIP revisions.
    (60) A revision to the New Jersey State Implementation Plan (SIP) 
for ozone for adoption of rules for application of reasonably available 
control technology (RACT) for oxides of nitrogen (NOX dated 
November 15, 1993, submitted by the New Jersey Department of 
Environmental Protection and Energy.
    (i) Incorporation by reference.
    (A) Title 7, Chapter 27, Subchapter 19, of the New Jersey 
Administrative Code entitled ``Control and Prohibition of Air Pollution 
from Oxides of Nitrogen,'' effective December 20, 1993.
    (ii) Additional information:
    (A) November 15, 1993 letter from Jeanne Fox, NJDEPE, to William J. 
Muszynski, EPA, requesting EPA approval of Subchapter 19.
    (61)  [Reserved]
    (62) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of volatile organic compounds from consumer 
and commercial products, dated January 25, 1996 submitted by the New 
Jersey Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Title 7, Chapter 27, Subchapter 24, of the New Jersey 
Administrative Code entitled ``Control and Prohibition of Volatile 
Organic Compounds from Consumer and Commercial Products'' effective 
November 6, 1995.
    (ii) Additional material.
    (A) January 25, 1996 letter from Robert C. Shinn, Jr., NJDEP, to 
Jeanne M. Fox, EPA, requesting EPA approval of Subchapter 24.
    (63) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of volatile organic compounds from 
stationary sources, dated November 15, 1993 and two revisions dated June 
21, 1996 submitted by the New Jersey Department of Environmental 
Protection (NJDEP).
    (i) Incorporation by reference:
    (A) Amendments effective December 20, 1993 to Title 7, Chapter 27 of 
the New Jersey Administrative Code Subchapter 16, ``Control and 
Prohibition of Air Pollution by Volatile Organic Compounds.''
    (B) Amendments effective June 20, 1994 to Title 7, Chapter 27 of the 
New Jersey Administrative Code: Subchapter 8, ``Permits and 
Certificates'' (sections 8.1 and 8.2), Subchapter 16, ``Control and 
Prohibition of Air Pollution by Volatile Organic Compounds,'' Subchapter 
17, ``Control and Prohibition of Air Pollution by Toxic Substances,'' 
Subchapter 23, ``Prevention of Air Pollution From Architectural Coatings 
and Consumer Products,'' and Subchapter 25, ``Control and Prohibition of 
Air Pollution by Vehicular Fuels.'' Amendments effective June 20, 1994 
to Title 7, Chapter 27B, Subchapter 3 of the New Jersey Administrative 
Code Air Test Method 3--``Sampling and Analytical Procedures for the 
Determination of Volatile Organic Compounds from Source Operations.''
    (C) Amendments effective December 5, 1994 to Title 7, Chapter 27 of 
the New Jersey Administrative Code Subchapter 16, ``Control and 
Prohibition of Air Pollution by Volatile Organic Compounds.''
    (D) Amendments effective May 15, 1995 to Title 7, Chapter 27 of the 
New Jersey Administrative Code Subchapter 16, ``Control and Prohibition 
of

[[Page 241]]

Air Pollution by Volatile Organic Compounds.''
    (E) Amendments effective July 17, 1995 to Title 7, Chapter 27 of the 
New Jersey Administrative Code Subchapter 16, ``Control and Prohibition 
of Air Pollution by Volatile Organic Compounds.''
    (ii) Additional material:
    (A) November 15, 1993 letter from Jeanne Fox, NJDEP, to William J. 
Muszynski, EPA, requesting EPA approval of Subchapter 16.
    (B) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne 
M. Fox, EPA, requesting EPA approval of Subchapters 8, 16, 17, 23, 25 
and Air Test Method 3.
    (C) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne 
M. Fox, EPA, requesting EPA approval of Subchapter 16.
    (64) Revisions to the State Implementation Plan submitted by the New 
Jersey Department of Environmental Protection on June 18, 1996, July 10, 
1996, December 17, 1996 and May 2, 1997.
    (i) Incorporation by reference.
    (A) Conditions of Approval Documents (COAD) or Facility Wide Permit. 
The following facilities have been issued COADs or facility wide permits 
by New Jersey:
    (1) Geon Company's direct-fired dryers, Salem County, NJ facility 
wide permit dated January 30, 1997. Incorporation by reference includes 
only the pages with permit limits related to the dryers.
    (2) PQ Corporation/Industrial Chemicals' Sodium Silicate Furnace, 
Middlesex County, NJ COAD approval dated December 2, 1994.
    (3) Air Products and Chemicals' Hazardous Waste Incinerator, 
Gloucester County, NJ COAD approval dated January 25, 1996.
    (4) Stony Brook Regional Sewerage Authority's sewage sludge 
incinerators, Mercer County, NJ COAD approval dated October 27, 1995 and 
modified on May 16, 1996.
    (5) Township of Wayne, Mountain View Water Pollution Control 
Facility's sewage sludge incinerators, Passaic County, NJ COAD approval 
dated September 20, 1996.
    (6) Atlantic States Cast Iron Pipe Company's cupola and annealing 
oven, Warren County, NJ COAD approval dated November 22, 1994.
    (7) Warren County Resource Recovery Facility's Municipal Waste 
Incinerators, Warren County, NJ COAD dated August 1, 1996.
    (8) Hercules Incorporated's Nitration System, Acid Concentrators, 
and Open Pit Burner, Union County, NJ COAD dated May 1, 1996.
    (9) US Department of Navy, Naval Air Warfare Center Aircraft 
Division's jet engine test cells, Mercer County, NJ COAD approval dated 
October 31, 1995.
    (10) Atlantic Electric Company's Utility Boiler #8, Salem County, NJ 
COAD approval dated February 25, 1997.
    (11) U.S. Generating Company--Carneys Point Generating Plant's 
auxiliary boiler, Salem County, NJ COAD approval dated February 2, 1996.
    (12) U.S. Generating Company--Logan Generating Plant's auxiliary 
boiler, Salem County, NJ COAD approval dated February 2, 1996.
    (13) Schering Corporation's heat recovery steam generator with duct 
burner, Union County, NJ COAD approval dated January 5, 1996.
    (14) [Reserved]
    (15) Elizabethtown Water Company's internal combustion engines, 
Somerset County, NJ COAD approval dated May 8, 1996.
    (ii) Additional information--Documentation and information to 
support NOx RACT facility-specific emission limits, 
alternative emission limits, or repowering plan in four letters 
addressed to Regional Administrator Jeanne M. Fox from New Jersey 
Commissioner Robert C. Shinn, Jr. dated:
    (A) June 18, 1996 for four SIP revisions,
    (B) July 10, 1996 for three SIP revisions,
    (C) December 17, 1996 for five SIP revisions,
    (D) May 2, 1997 for three SIP revisions.
    (65) Revision to the New Jersey State Implementation Plan (SIP) for 
ozone, submitting a New Jersey Clean Fleets program with Ozone Transport 
Commission Low Emission Vehicle (OTC-LEV) program as an effective 
backstop, substituted for the Clean Fuel Fleet program, dated February 
15, 1996,

[[Page 242]]

March 29, 1996, and March 6, 1997, submitted by the New Jersey 
Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference. Title 7, Chapter 27, Subchapter 26, 
``Ozone Transport Commission Low Emission Vehicles Program,'' effective 
December 18, 1995.
    (ii) Additional material.
    (A) Letter dated February 15, 1996 from NJDEP Commissioner Shinn to 
Region 2 Administrator Jeanne M. Fox transmitting first version of NJCF 
program.
    (B) Letter dated March 29, 1996 from NJDEP Commissioner Shinn to 
Region 2 Administrator Jeanne M. Fox supplementing February 15, 1996 
submittal.
    (C) ``SIP Revision for the Attainment and Maintenance of the Ozone 
National Ambient Air Quality Standards, New Jersey Clean Fleets (NJCF) 
SIP,'' March 6, 1997.
    (1) NJCF Appendix D: ``New Jersey Clean Fleets (NJCF) Program (1996 
Action Plan Recommendations).''
    (2) NJCF Appendix H: Response to Public Comments, NJCF Program, 
dated February 14, 1997.
    (3) February 20, 1998 letter from Sharon Haas, Principal 
Environmental Specialist, NJDEP, to George Krumenacker, Transportation 
Services Specialist I, Bureau of Transportation Services, New Jersey 
Department of Treasury.
    (4) March 25, 1998 Memo from Colleen Woods, Acting Director, Motor 
Vehicle Services, to Sharon Haas, Principal Environmental Specialist, 
NJDEP.
    (66) A revision to the New Jersey State Implementation Plan (SIP) 
for ozone concerning revisions to the rule for requiring reasonably 
available control technology (RACT) for sources emitting oxides of 
nitrogen (NOx) dated March 24, 1995, submitted by the New 
Jersey Department of Environmental Protection.
    (i) Incorporation by reference:
    (A) Title 7, Chapter 27, Subchapter 19, of the New Jersey 
Administrative Code entitled ``Control and Prohibition of Air Pollution 
from Oxides of Nitrogen,'' effective April 17, 1995.
    (ii) Additional information:
    (A) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne 
M. Fox, EPA, requesting EPA approval of revisions to Subchapter 19.

[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                    I         II       III       III           III
 Interstate..........................................
New Jersey Intrastate................................         III         IA       III         I           III
----------------------------------------------------------------------------------------------------------------

[37 FR 10880, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]



Sec. 52.1572  Extensions.

    Pursuant to section 186(a)(4) of the Clean Air Act, as amended in 
1990, the Regional Administrator hereby extends for one year (until 
December 31, 1996) the attainment date for the New York-Northern New 
Jersey-Long Island Consolidated Metropolitan Statistical Carbon Monoxide 
nonattainment area.

[61 FR 56900, Nov. 5, 1996]



Sec. 52.1573  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves New Jersey's plans for attainment and

[[Page 243]]

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 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]

[[Page 244]]



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 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

[[Page 245]]

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]



Sec. 52.1580   Conditional approval.

    (a) Enhanced inspection and maintenance. (1) The State of New 
Jersey's March 27, 1996 submittal for an enhanced motor vehicle 
inspection and maintenance (I/M) program, as amended on November 27, 
1996 and April 22, 1997, is conditionally approved based on certain 
contingencies, for an interim period to last 18 months. If New Jersey 
fails to start its program by November 15, 1997, the interim approval 
granted under the provisions of the NHSDA, which EPA believes allows the 
State to take full credit in its 15 percent plan for all of the emission 
reduction credits in its proposal, will convert to a disapproval after a 
finding letter is sent to the State by EPA. If the State fails to submit 
to EPA the final modeling demonstrating that its program will meet the 
relevant enhanced I/M performance standard by February 1, 1998, the 
conditional approval will automatically convert to a disapproval as 
explained under Section 110(k) of the Clean Air Act.
    (2) In addition to the above condition, the State must correct eight 
minor, or de minimus, deficiencies related to the CAA requirements for 
enhanced I/M. The minor deficiencies are listed in EPA's conditional 
interim final rulemaking on New Jersey's motor vehicle inspection and 
maintenance program published on May 14, 1997. Although satisfaction of 
these deficiencies does not affect the conditional interim approval 
status of the State's rulemaking, these deficiencies must be corrected 
in the final I/M SIP revision to be submitted at the end of the 18-month 
interim period.
    (3) EPA is also approving this SIP revision under Section 110(k), 
for its strengthening effect on the plan.
    (b) [Reserved]

[62 FR 26405, May 14, 1997, as amended at 62 FR 35102, June 30, 1997; 64 
FR 19916, Apr. 23, 1999]



Sec. 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.

[[Page 246]]

    (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.
    (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). Revisions to the 1990 base year emission inventory dated 
December 31, 1996 for the New York/Northern New Jersey/Long Island and 
Philadelphia/Wilmington/Trenton nonattainment areas of New Jersey have 
been approved. Revisions to the 1990 base year emission inventory dated 
February 10, 1999 for the New York/Northern New Jersey/Long Island and 
Philadelphia/Wilmington/Trenton nonattainment areas of New Jersey have 
been approved.
    (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.
    (3) The 1996 and 1999 ozone projection year emission inventories 
included in New Jersey's July 30, 1998 addendum and February 10, 1999 
State Implementation Plan revision for the New York/Northern New Jersey/
Long Island and Philadelphia/Wilmington/Trenton nonattainment areas have 
been approved.
    (4) The conformity emission budgets for the McGuire Air Force Base 
included in New Jersey's December 31, 1996 State Implementation Plan 
revision have been approved. The 1999 conformity emission budgets for 
the North Jersey Transportation Planning Authority, South Jersey 
Transportation Planning Organization and Delaware Valley Regional 
Planning Commission included in New Jersey's July 30, 1998 addendum and 
the February 10, 1999 State Implementation Plan revision have been 
approved.
    (5) The photochemical assessment monitoring stations network 
included in New Jersey's December 31, 1996 State Implementation Plan 
revision for the New York/Northern New Jersey/

[[Page 247]]

Long Island and Philadelphia/Wilmington/Trenton nonattainment areas has 
been approved.
    (6) The demonstration that emissions from growth in vehicle miles 
traveled will not increase motor vehicle emissions and, therefore, 
offsetting measures are not necessary which was included in New Jersey's 
December 31, 1996 State Implementation Plan revision for the New York/
Northern New Jersey/Long Island and Philadelphia/Wilmington/Trenton 
nonattainment areas has been approved.
    (7) The enforceable commitments to: participate in the consultative 
process to address regional transport; adopt additional control measures 
as necessary to attain the ozone standard, meet rate of progress 
requirements, and eliminate significant contribution to nonattainment 
downwind; identify any reductions that are needed from upwind areas for 
the area to meet the ozone standard; and implement the Ozone Transport 
Commission NOX Memorandum of Understanding included in New 
Jersey's December 31, 1996 State Implementation Plan revision for the 
New York/Northern New Jersey/Long Island and Philadelphia/Wilmington/
Trenton nonattainment areas have been approved.
    (e) The State of New Jersey's March 27, 1996 submittal for an 
enhanced motor vehicle inspection and maintenance (I/M) program, as 
amended on November 27, 1996 and April 1997, is approved pursuant to 
section 110 of the Clean Air Act, 42 U.S.C. 7410. However, since New 
Jersey failed to start its program by November 15, 1997, the interim 
approval granted under the provisions of Section 348 of the National 
Highway Systems Designation Act of 1995 (NHSDA), 23 U.S.C. 348, which 
allowed the State to take full credit in its 15 Percent ROP Plan for all 
the emission reduction credits in its proposal, converted to a 
disapproval when EPA sent finding letters to the State on December 12, 
1997. The finding letters also informed the state that the underlying 
enhanced I/M program approval, pursuant to Section 110 of the Act, 
remained in effect as part of the federally enforceable SIP.
    (f) The State of New Jersey's June 5, 1998 submittal for the 
conversion of the inspection frequency of the current inspection and 
maintenance (I/M) program from annual to biennial in order to facilitate 
the upgrade of the existing state lanes to accommodate the testing 
equipment for the enhanced program has been approved by EPA. The State 
will be adding a gas cap inspection to the current I/M program, which 
will result in a net increase in overall emissions reductions.
    (g) The 15 Percent Rate of Progress (ROP) Plans and the 
recalculation of the 9 Percent ROP Plans included in the July 30, 1998 
addendum and the February 10, 1999 State Implementation Plan revision 
for the New York/Northern New Jersey/Long Island and Philadelphia/
Wilmington/Trenton nonattainment areas have been approved.

[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; 61 FR 53628, Oct. 15, 1996; 61 FR 66607, Dec. 18, 1996; 62 
FR 35103, June 30, 1997; 63 FR 45402, 45404, Aug. 26, 1998; 64 FR 19916, 
Apr. 23, 1999]



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

    1  Action 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 248]]



----------------------------------------------------------------------------------------------------------------
               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 249]]

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 250]]


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.......  June 29, 1990, 55 FR     ................................
 Provisions''.                                          26689.
Subchapter 2, ``Control and        June 8, 1981......  Sept. 30, 1981, 46 FR    ................................
 Prohibition of Open Burning''.                         47779.
Subchapter 3, ``pontrol 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''.
Section 8.11.....................  Mar. 2, 1992......  Apr. 15, 1994, 59 FR
                                                        17935.
Sections 8.1 and 8.2.............  June 20, 1994.....  August 7, 1997, 62 FR
                                                        42414.
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       July 17, 1995.....  August 7, 1997, 62 FR    Earlier versions of Subchapter
 Prohibition of Air Pollution by                        42414.                   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       June 20, 1994.....  August 7, 1997, 62 FR    Subchapter 17 is included in the
 Prohibition of Air Pollution by                        42414.                   SIP only as it relates to the
 Toxic Substances''.                                                             control of perchloroethylene.

[[Page 251]]

 
Subchapter 18, ``Control and       Mar. 15, 1993.....  July 25, 1996..........  See July 25, 1996, for items not
 Prohibition of Air Pollution                                                    included in this limited
 from New or Altered Sources                                                     approval.
 Affecting Ambient Air Quality
 (Emission Offset Rules).''.
Subchapter 19, ``Control and       Apr. 17, 1995.....  Mar. 29, 1999, 64 FR     ................................
 Prohibition of Air Pollution                           14834.
 from Oxides of Nitrogen.''.
Subchapter 21, ``Emission          Mar. 15, 1993.....  Aug. 4, 1994, 59 FR
 Statements;''.                                         39689.
Subchapter 23, ``Prevention of     June 20, 1994.....  August 7, 1997, 62 FR
 Air Pollution from Architectural                       42414.
 Coatings and Consumer Products''.
Subchapter 24, ``Control and       Nov. 6, 1995......  May 2, 1997, 62 FR       ................................
 Prohibition of Volatile Organic                        24036.
 Compounds from Consumer and
 Commercial Products.''.
Subchapter 25, ``Control and       June 20, 1994.....  August 7, 1997, 62 FR    Approves 1992 revision of
 Prohibition of Air Pollution by                        42414.                   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.
Subchapter 26, ``Ozone Transport   12/18/95..........  Nov. 10, 1998, 63 FR     Approves Subchapter 26 ``OTC-LEV
 Commission Low Emission Vehicles                       62955.                   program'' which as adopted
 Program''.                                                                      states that New Jersey will not
                                                                                 implement its California LEV
                                                                                 program in the event that EPA
                                                                                 finds National LEV to be ``in-
                                                                                 effect.'' EPA's March 2, 1998
                                                                                 National LEV in-effect finding
                                                                                 thus makes National LEV the
                                                                                 effective program contained in
                                                                                 Subchapter 26. Subchapter 26 is
                                                                                 approved here as an effective
                                                                                 enforceable backstop to
                                                                                 voluntary New Jersey Clean
                                                                                 Fleets program.
 
Title 7, Chapter 27B
 
Subchapter 3, ``Air Test Method    June 20, 1994.....  August 7, 1997, 62 FR
 3: Sampling and Analytic                               42414.
 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.
----------------------------------------------------------------------------------------------------------------


[[Page 252]]


  [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; 61 FR 38594, July 25, 1996; 62 FR
 3805, Jan. 27, 1997; 62 FR 24036, May 2, 1997; 62 FR 26854, May 15, 1997; 62 FR 42414, Aug. 7, 1997; 63 FR
 62954, Nov. 10, 1998; 64 FR 14834, Mar. 29, 1999]
 


[[Page 253]]



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) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for New Mexico under section 110 of the Clean 
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air 
quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (e) of this section with an EPA approval date prior to January 1 
1998, was approved for incorporation by reference by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Material is incorporated as it exists on the date of the approval, and 
notice of any change in the material will be published in the Federal 
Register. Entries in paragraphs (c) and (e) of this section with EPA 
approval dates after January 1, 1998, will be incorporated by reference 
in the next update to the SIP compilation.
    (2) EPA Region 6 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
Implementation Plan as of January 1, 1998.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700, 
Dallas, Texas, 75202-2733; the EPA, Air and Radiation Docket and 
Information Center, Air Docket (6102), 401 M Street, SW, Washington, DC 
20460; or at the Office of Federal Register, 800 North Capitol Street, 
NW, Suite 700, Washington, DC.
    (c) EPA approved regulations.

                                       EPA Approved New Mexico Regulations
----------------------------------------------------------------------------------------------------------------
                                               State
                                             approval/
   State citation         Title/subject      effective          EPA approval date                Comments
                                                date
----------------------------------------------------------------------------------------------------------------
          New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
----------------------------------------------------------------------------------------------------------------
Part 1.............  General Provisions....   10/27/95  11/25/97, 62 FR 50514...........  This date reflects a
                                                                                           recodification, not
                                                                                           EPA approval of
                                                                                           underlying
                                                                                           requirement.
Part 2.............  Definitions...........   11/30/95  11/25/97, 62 FR 50514
Part 3.............  Ambient Air Quality      11/30/95  11/25/97, 62 FR 50514
                      Standards.
Part 5.............  Source Surveillance...   11/30/95  11/25/97, 62 FR 50514
Part 7.............  Excess emissions         11/30/95  11/25/97, 62 FR 50514
                      during Malfunction,
                      Startup, Shutdown, or
                      Scheduled Maintenance.
Part 8.............  Emissions Leaving New    11/30/95  11/25/97, 62 FR 50514
                      Mexico.

[[Page 254]]

 
Part 10............  Woodwaste Burners.....   11/30/95  11/25/97, 62 FR 50514
Part 11............  Asphalt Process          11/30/95  11/25/97, 62 FR 50514
                      Equipment.
Part 12............  Cement Kilns..........   11/30/95  11/25/97, 62 FR 50514
Part 13............  Gypsum Processing        11/30/95  11/25/97, 62 FR 50514
                      Plants.
Part 14............  Particulate Emissions    11/30/95  11/25/97, 62 FR 50514
                      From Coal Burning
                      Equipment.
Part 15............  Pumice, Mica and         11/30/95  11/25/97, 62 FR 50514
                      Perlite Process
                      Equipment.
Part 16............  Nonferrous Smelters      11/30/95  11/25/97, 62 FR 50514
                      (New and Existing)-
                      Particulate Matter.
Part 17............  Nonferrous Smelters      11/30/95  11/25/97, 62 FR 50514
                      (Existing)-
                      Particulate Matter.
Part 18............  Oil Burning Equipment-   11/30/95  11/25/97, 62 FR 50514
                      Particulate Matter.
Part 19............  Potash, Salt or Sodium   11/30/95  11/25/97, 62 FR 50514
                      Sulfate Processing
                      Equipment-Particulate
                      Matter.
Part 20............  Lime Manufacturing       11/30/95  11/25/97, 62 FR 50514
                      Plants-Particulate
                      Matter.
Part 21............  Fugitive Particulate     11/30/95  11/25/97, 62 FR 50514
                      Matter Emissions from
                      Nonferrous Smelters.
Part 22............  Fugitive Particulate     11/30/95  11/25/97, 62 FR 50514
                      Matter Emissions from
                      Roads within the Town
                      of Hurley.
Part 30............  Kraft Mills...........   11/30/95  11/25/97, 62 FR 50514
Part 31............  Coal Burning Equipment-  11/30/95  11/25/97, 62 FR 50514
                      Sulfur Dioxide.
Part 32............  Coal Burning Equipment-  11/30/95  11/25/97, 62 FR 50514
                      Nitrogen Dioxide.
Part 33............  Gas Burning Equipment-   11/30/95  11/25/97, 62 FR 50514
                      Nitrogen Dioxide.
Part 34............  Oil Burning Equipment-   11/30/95  11/25/97, 62 FR 50514
                      Nitrogen Dioxide.
Part 40............  Sulfuric Acid            11/30/95  11/25/97, 62 FR 50514
                      Production Units-
                      Sulfur Dioxide, Acid
                      Mist and Visible
                      Emissions.
Part 41............  Nonferrous Smelters-     11/30/95  11/25/97, 62 FR 50514
                      Sulfur.
Part 60............  Open Burning..........   11/30/95  11/25/97, 62 FR 50514
Part 61............  Smoke and Visible        11/30/95  11/25/97, 62 FR 50514
                      Emissions.
Part 70............  Operating Permits.....   11/30/95  11/25/97, 62 FR 50514
Part 71............  Operating Permit         11/30/95  11/25/97, 62 FR 50514
                      Emission Fees.
Part 72............  Construction Permits..   11/30/95  11/25/97, 62 FR 50514...........  Subparts I, II, III,
                                                                                           and V in SIP.
Part 73............  Notice of Intent and     11/30/95  11/25/97, 62 FR 50514
                      Emissions Inventory
                      Requirements.
Part 74............  Prevention of             7/20/95  10/15/96, 61 FR 53639
                      Significant
                      Deterioration.
Part 75............  Construction Permit      11/30/95  11/25/97, 62 FR 50514
                      Fees.
Part 79............  Permits-Nonattainment    11/30/95  11/25/97, 62 FR 50514
                      Areas.
Part 80............  Stack Heights.........   11/30/95  11/25/97, 62 FR 50514
Part 98............  General Conformity....   08/02/96  9/9/98, 63 FR 48109.............  Conditional approval
                                                                                           expires on September
                                                                                           9, 1999.
----------------------------------------------------------------------------------------------------------------


                           EPA Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
                                               State
                                             approval/
   State citation         Title/subject      effective          EPA approval date                Comments
                                                date
----------------------------------------------------------------------------------------------------------------
   Regulation No.                   Albuquerque/Bernalillo County, Air Quality Control Regulations
----------------------------------------------------------------------------------------------------------------
 1.................  Resolutions...........   01/12/79  04/10/80, 45 FR 24468
 2.................  Definitions...........   03/16/89  12/21/93, 58 FR 67333
 3.................  Open Burning..........   01/12/79  04/10/80, 45 FR 24468
 4.................  Incinerators..........   01/12/79  04/10/80, 45 FR 24468
 5.................  Visible Air              01/12/79  04/10/80, 45 FR 24468
                      Contaminants.
 6.................  Orchard Heaters.......   01/12/79  04/10/80, 45 FR 24468

[[Page 255]]

 
 7.................  Motor Vehicle Air        01/12/79  04/10/80, 45 FR 24468
                      Pollution Control
                      Devices.
 8.................  Airborne Particulate     03/17/83  02/23/93, 58 FR 10972
                      Matter.
 9.................  Process Equipment.....   01/12/79  04/10/80, 45 FR 24468
10.................  Kraft Mills...........   01/12/79  04/10/80, 45 FR 24468
11.................  Organic Fluids........   01/12/79  04/10/80, 45 FR 24468
12.................  Coal Burning             01/12/79  04/10/80, 45 FR 24468
                      Equipment--Nitrogen
                      Dioxide Emission
                      Limits.
13.................  Coal Burning             01/12/79  04/10/80, 45 FR 24468
                      Equipment--Sulfur
                      Dioxide Emission
                      Limits.
14.................  Coal Burning             01/12/79  04/10/80, 45 FR 24468
                      Equipment--Particulat
                      e Emission Limits.
15.................  Oil Burning Equipment--  01/12/79  04/10/80, 45 FR 24468
                      Nitrogen Dioxide
                      Emission Limits.
16.................  Oil Burning Equipment--  01/12/79  04/10/80, 45 FR 24468
                      Particulate Emission
                      Limits.
17.................  Oil Burning Equipment--  01/12/79  04/10/80 45 FR 24468
                      Sulfur Dioxide
                      Emission Limits.
18.................  Gas Burning Equipment--  01/12/79  04/10/80, 45 FR 24468
                      Nitrogen Dioxide
                      Emission Limits.
19.................  Breakdown, Abnormal      01/12/79  04/10/80, 45 FR 24468
                      Operating Conditions,
                      or Scheduled
                      Maintenance.
20.................  Permits...............   02/26/93  03/16/94, 59 FR 12172
21.................  Permit Fees...........   01/12/79  04/10/80, 45 FR 24468
22.................  Registration of Air      01/12/79  04/10/80, 45 FR 24468
                      Contaminant Sources.
23.................  Source Surveillance...   01/12/79  04/10/80, 45 FR 24468.
24.................  Variance Procedure....   01/12/79  04/10/80, 45 FR 24468
25.................  Administration and       01/12/79  04/10/80, 45 FR 24468
                      Enforcement.
26.................  Interpretation........   01/12/79  04/10/80, 45 FR 24468
27.................  Emergency Action Plan.   01/12/79  04/10/80, 45 FR 24468
28.................  Motor Vehicle            07/01/95  06/13/96, 61 FR 29970
                      Inspection.
29.................  Prevention Of            03/26/93  12/21/93, 58 FR 67333
                      Significant
                      Deterioration.
30--31.............  NSPS/NESHAPS..........  .........  ................................  REGS NOT IN SIP. See
                                                                                           Notice of Delegation
                                                                                           published 10/06/95,
                                                                                           60 FR 52329.
32.................  Construction Permits--   02/26/93  12/21/93, 58 FR 67329
                      Nonattainment Areas.
33.................  Stack Height             03/16/89  03/05/91, 56 FR 09175
                      Requirements.
34.................  Woodburning...........   11/27/91  11/23/93, 58 FR 62539
35.................  Alternative Fuels.....   11/10/93  05/05/94, 59 FR 23168
42.................  Transportation           11/09/94  11/08/95, 60 FR 56244             42.11 not approved by
                      Conformity.                                                          EPA.
43.................  General Conformity....   11/09/94  09/13/96, 61 FR 48407
----------------------------------------------------------------------------------------------------------------


                         EPA Approved New Mexico Statutes in the Current New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                               State
                                             Approval/
   State citation         Title/subject                         EPA approval date                Comments
                                             effective
                                                date
----------------------------------------------------------------------------------------------------------------
                          NMSA 1978--New Mexico Statutes in the Current New Mexico SIP
 
----------------------------------------------------------------------------------------------------------------
74-1-4.............  Environmental            04/20/90  June 1, 1999....................
                      Improvement Board--
                      Creation--Organizatio
                      n.
74-2-1.............  Short Title...........   08/11/83  11/02/84, 49 FR 44101
74-2-2.............  Definitions...........   08/11/83  11/02/84, 49 FR 44101
74-2-3.............  State Air Pollution      08/11/83  11/02/84, 49 FR 44101
                      Control Agency.
74-2-4.............  Municipal or County      04/20/90  June 1, 1999
                      Air Quality Control
                      Board.
74-2-5.............  Duties and Powers of     08/11/83  11/02/84, 49 FR 44101
                      Board.

[[Page 256]]

 
74-2-6.............  Adoption of              08/11/83  11/02/84, 49 FR 44101
                      Regulations Notice
                      and Hearings.
74-2-7.............  Permits...............   08/11/83  11/02/84, 49 FR 44101
74-2-8.............  Variances.............   08/11/83  11/02/84, 49 FR 44101
74-2-9.............  Variances--Judicial      08/11/83  11/02/84, 49 FR 44101
                      Review.
74-2-10............  Emergency Procedure...   08/11/83  11/02/84, 49 FR 44101
74-2-11............  Confidential             08/11/83  11/02/84, 49 FR 44101
                      Information.
74-2-11.1..........  Limitations on           08/11/83  11/02/84, 49 FR 44101
                      Regulations.
74-2-12............  Enforcement...........   08/11/83  11/02/84, 49 FR 44101
74-2-13............  Inspection............   08/11/83  11/02/84, 49 FR 44101
74-2-14............  Penalties.............   08/11/83  11/02/84, 49 FR 44101
74-2-15............  Additional Means of      08/11/83  11/02/84, 49 FR 44101
                      Enforcement.
74-2-15.1..........  Primary Nonferrous       08/11/83  11/02/84, 49 FR 44101
                      Smelter Orders.
74-2-16............  Declaratory Judgement    08/11/83  11/02/84, 49 FR 44101
                      of Regulation.
74-2-17............  Continuing Effect of     08/11/83  11/02/84, 49 FR 44101
                      Present Laws, Rules,
                      and Regulations.
Article 16,          New Mexico Conflict of   07/16/90  June 1, 1999....................
 Sections 10-16-1     Interest Act.
 through 10-16-16.
Article 16,          New Mexico               07/16/90  June 1, 1999....................
 Supplemental.        Environmental
                      Improvement Board
                      Code of Conduct.
----------------------------------------------------------------------------------------------------------------
  EPA Approved City of Albuquerque and Bernalillo County Ordinances for State Board Composition and Conflict of
                                               Interest Provisions
----------------------------------------------------------------------------------------------------------------
City of              Metropolitan             11/16/90  June 1, 1999....................
 Albuquerque,         Environmental Health
 Chapter 6, Article   Advisory Board.
 XVII Sections 6-17-
 1 to 6-17-3.
Bernalillo County    Metropolitan             08/05/74  June 1, 1999....................
 Commission           Environmental Health
 Ordinance 302.       Advisory Board.
Bernalillo County    Metropolitan             08/21/90  June 1, 1999....................  Amended Ordinance 302.
 Commission           Environmental Health
 Ordinance 90-19.     Advisory Board.
City of              Joint Air Quality        08/01/89  June 1, 1999....................
 Albuquerque,         Control Board
 Chapter 6, Article   Ordinance.
 XVI Sections 6-16-
 1 to 6-16-15.
Bernalillo County    Joint Air Quality        12/27/88  June 1, 1999....................  Amended Ordinance 84-
 Commission           Control Board                                                        44.
 Ordinance 88-45.     Ordinance.

[[Page 257]]

 
City of Albuquerque  Public Boards,           07/01/87  June 1, 1999....................
 Chapter 1, Article   Commissions and
 XII Sections 1-12-   Committees.
 1 to 1-12-3.
City of Albuquerque  Conflict of Interest..   07/01/85  June 1, 1999....................
 Chapter 2, Article
 III Sections 2-3-1
 to 2-3-13.
City of Albuquerque  Code of Ethics........   04/01/90  June 1, 1999....................
 Charter, Article
 XII.
Bernalillo County    Code of Ethics........   02/05/85  June 1, 1999....................
 Commission
 Ordinance 85-3.
City of Albuquerque  City Code of Conduct..   02/09/90  June 1, 1999....................
 Code of Conduct.
----------------------------------------------------------------------------------------------------------------

[63 FR 37495, July 13, 1998, as amended at 63 FR 48109, Sept. 9, 1998; 
64 FR 29239, June 1, 1999]

    Effective Date Note:  At 64 FR 29239, June 1, 1999 in 
Sec. 52.1620(e), the table was amended by adding section 74-1-4, by 
revising section 74-2-4, and by adding new sections to the table after 
section 74-2-17, effective Aug. 2, 1999. For the convenience of the 
user, the superseded text follows:

Sec. 52.1620  Identification of plan.

                                * * * * *

    (e) * * *

                         EPA Approved New Mexico Statutes in the Current New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                               State
                                             approval/
   State citation         Title/subject      effective          EPA approval date                Comments
                                                date
----------------------------------------------------------------------------------------------------------------
                              NMSA 1978--New Mexico Statutes in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                    *                    *                  *
                                                          *
74-2-4.............  Municipal or County      08/11/83  11/02/84, 49 FR 44101
                      Air Quality Control
                      Board.
 
*                  *                  *                    *                    *                  *
                                                          *
----------------------------------------------------------------------------------------------------------------



Sec. 52.1621  Classification of regions.

    The New Mexico plan was evaluated on the basis of the following 
classifications:

[[Page 258]]



----------------------------------------------------------------------------------------------------------------
                                                                                  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]



Sec. 52.1623  Conditional approval.

    (a) General Conformity. (1) A letter, dated April 22, 1998, from the 
Chief of Air Quality Bureau New Mexico Environment Department to the EPA 
Regional Office, commits the State to remove Section 110.C from its rule 
for making the State's rule consistent with Federal rule. Specifically, 
the letter states that:

    This letter is regarding our general conformity rule, 20 NMAC 2.98--
Conformity of General Federal Actions to the State Implementation Plan. 
We have been reviewing paragraph 110.C under Section 110--Reporting 
Requirements. This is the paragraph in which the Federal Aviation 
Administration (FAA) had submitted a comment of concern to EPA, during 
EPA's proposed/final approval period for our rule. This comment caused 
EPA to withdraw its approval. The FAA had commented that New Mexico was 
more stringent than EPA, since our rule does not apply to non-Federal 
agencies. Our analysis has determined that our inclusion of this 
paragraph may make our rule more stringent than EPA, and should not have 
been included. The paragraph had originally come from a STAPPA/ALAPCO 
model rule. New Mexico had never intended to be more stringent than EPA 
with regards to general conformity. Hence, the State commits to putting 
20 NMAC 2.98 on our regulatory agenda and plan to delete this paragraph 
within one year from the Federal Register publication of final notice of 
conditional approval to New Mexico's general conformity SIP.

    (2) If the State ultimately fails to meet its commitment to remove 
this section from its rule within one year of publication of this 
conditional approval, then EPA's conditional action will automatically 
convert to a final disapproval.
    (b) [Reserved]

[63 FR 48109, Sept. 9, 1998]



Secs. 52.1624--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]



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,

[[Page 259]]

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 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)

[[Page 260]]

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:

    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

[[Page 261]]

the Clean Air Act and 40 CFR part 51, subpart H.

[56 FR 38074, Aug. 12, 1991]



Sec. 52.1640  Original identification of plan section.

    (a) This section identifies the original ``State of New Mexico 
Implementation Plan'' and all revisions submitted by New Mexico that 
were federally approved prior to January 1, 1998.
    (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 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.

[[Page 262]]

    (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.
    (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

[[Page 263]]

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 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.

[[Page 264]]

    (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, 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]

[[Page 265]]

    (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 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,

[[Page 266]]

``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.
    (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

[[Page 267]]

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.
    (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

[[Page 268]]

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.
    (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.

[[Page 269]]

    (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 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.

[[Page 270]]

    (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.
    (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/

[[Page 271]]

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) A revision to the New Mexico State Implementation Plan for 
General Conformity: Albuquerque/Bernalillo County Air Quality Control 
Regulation No. 43 ``General 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.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation No. 
43 ``General Conformity'' as adopted on November 9, 1994, and filed with 
the State Records and Archives Center on December 16, 1994.
    (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) The Governor of New Mexico submitted revisions to 20 New Mexico 
Administrative Code 2.74 on June 26, 1995, to incorporate changes in the 
Federal PSD permitting regulations for PM-10 increments.
    (i) Incorporation by reference.
    (A) Revisions to 20 New Mexico Administrative Code 2.74, effective 
July 20, 1995.
    (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.
    (64)-(65) [Reserved]
    (66) Recodified and revised regulations of the New Mexico 
Administrative Code submitted by the Governor on January 8, and July 18, 
1996.
    (i) Incorporation by reference.
    (A) New Mexico Administrative Code, Title 20, Chapter 2, Parts 1 and 
2, adopted by the New Mexico Environmental Improvement Board September 
22, 1995, and filed with the State Records and Archives Center on 
September 27, 1995.
    (B) New Mexico Administrative Code, Title 20, Chapter 2, Parts 3, 5, 
7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 31, 32, 
33, 34, 40, 41, 60, 61, 70, 71, 72 (Subparts I, II and, III; Subpart V, 
Sections 501 and 502), 73, 75, 79, and 80; adopted by the New Mexico 
Environmental Improvement Board on October 20, 1995, and filed with the 
State Records and Archives Center on October 30, 1995.
    (C) Revised New Mexico Administrative Code, Title 20, Chapter 2, 
Part 3,

[[Page 272]]

Sections 109 and 111 and; Part 61, Section 111 and; repeal of Part 3, 
Section 112, adopted by the New Mexico Environmental Improvement Board 
December 8, 1995, and filed with the State Records and Archives Center 
on December 11, 1995.
    (D) New Mexico State Records Center transmittals repealing Air 
Quality Control Regulations 705 and 706; adopted by the New Mexico 
Environmental Improvement Board December 8, 1995; and filed with the 
State Records and Archives Center on December 11, 1995.
    (E) Revised New Mexico Administrative Code, Title 20, Chapter 2, 
Part 72, Section 103; adopted by the New Mexico Environmental 
Improvement Board on June, 18, 1996, and filed with the State Records 
and Archives Center on June 19, 1996.
    (ii) Additional material. None.

[37 FR 10881, May 31, 1972. Redesignated and amended at 63 FR 37495, 
July 13, 1998]

    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.



                          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 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

[[Page 273]]

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.
    (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

[[Page 274]]

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 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:

[[Page 275]]

    (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);
    (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;

[[Page 276]]

    (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:
    (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

[[Page 277]]

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 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

[[Page 278]]

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.
    (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

[[Page 279]]

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.
    (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.

[[Page 280]]

    (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 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

[[Page 281]]

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.
    (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.
    (A) May 1994 NYSDEC Clean Fuel Fleet Program description.
    (89) Revisions to the New York State Implementation Plan (SIP) for 
carbon monoxide concerning the control of carbon monoxide from mobile 
sources, dated November 13, 1992 and March 21, 1994 submitted by the New 
York State Department of Environmental Conservation (NYSDEC).
    (i) Incorporation by reference.
    (A) Subpart 225-3 of Title 6 of the New York Code of Rules and 
Regulations of the State of New York, entitled ``Fuel Composition and 
Use--Gasoline,'' effective September 2, 1993 (as limited in section 
1679).
    (ii) Additional material.
    (A) March 21, 1994, Update to the New York Carbon Monoxide SIP.
    (90) [Reserved]
    (91) Revisions to the State Implementation Plan submitted by the New 
York State Department of Environmental Conservation on February 22, 
1996, June 21, 1996 and June 25, 1996.
    (i) Incorporation by reference.
    (A) Permits to Construct and/or Certificates to Operate: The 
following facilities have been issued permits to construct and/or 
certificates to operate by New York State and such permits and/or 
certificates are incorporated for

[[Page 282]]

the purpose of establishing NOX emission limits consistent 
with Subpart 227-2:
    (1) Morton International Inc.'s mid-size gas-fired boiler, emission 
point 00027, Wyoming County; New York permit approval dated September 1, 
1995 and Special Conditions letter dated August 23, 1995.
    (2) University of Rochester's two oil fired boilers, emission points 
00003 and 00005, Monroe County; New York permit approval dated April 25, 
1996 and Special Permit Conditions issued March 19, 1996.
    (3) Algonquin Gas Transmission Company's four gas-fired 
reciprocating internal combustion engines, emission points R0100, R0200, 
R0300, and R0400, Rockland County; New York permit and Special 
Conditions approval dated September 23, 1991; New York Special 
Conditions documents dated March 18, 1996 for emission points RO100, 
RO200, and RO300; and March 29, 1996 for emission point RO400; and 
Permit Correction dated August 8, 1996.
    (ii) Additional information. Documentation and information to 
support NOX RACT alternative emission limits in three letters 
addressed to EPA from New York State Department of Environmental 
Conservation and dated as follows:
    (A) February 22, 1996 letter to Regional Administrator Jeanne Fox 
from Commissioner Michael D. Zagata for a SIP revision for Morton 
International, Inc.
    (B) June 21, 1996 letter to Mr. Conrad Simon, Director of the Air 
and Waste Management Division from Deputy Commissioner David Sterman for 
a SIP revision for the Algonquin Gas Transmission Company.
    (C) June 25, 1996 letter to Mr. Conrad Simon, Director of the Air 
and Waste Management Division from Deputy Commissioner David Sterman for 
a SIP revision for the University of Rochester.
    (92) Revisions to the New York State Implementation Plan (SIP) for 
ozone concerning the control of volatile organic compounds from Gasoline 
Dispensing Sites and Transport Vehicles, dated July 8, 1994, submitted 
by the New York State Department of Environmental Conservation (NYSDEC).
    (i) Incorporation by reference:
    (A) Amendments to Part 230 of title 6 of the New York Code of Rules 
and Regulations of the State of New York, entitled ``Gasoline Dispensing 
Sites and Transport Vehicles,'' effective September 22, 1994.
    (ii) Additional material:
    (A) July 8, 1994, letter from Langdon Marsh, NYSDEC, to Jeanne Fox, 
EPA, requesting EPA approval of the amendments to Part 230.
    (93) Revisions to the New York State Implementation Plan (SIP) for 
ozone concerning the control of volatile organic compounds from 
petroleum and volatile organic compound storage and transfer, surface 
coating and graphic arts sources, dated March 8, 1993 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 200 ``General Provisions,'' Part 201 ``Permits 
and Certificates,'' Part 228 ``Surface Coating Processes,'' and Part 229 
``Petroleum and Volatile Organic Liquid Storage and Transfer,'' Part 233 
``Pharmaceutical and Cosmetic Manufacturing Processes,'' and Part 234, 
``Graphic Arts,'' effective April 4, 1993.
    (94) A revision to the State Implementation Plan submitted by the 
New York State Department of Environmental Conservation on April 9, 1996 
and supplemented on October 17, 1996 and February 2, 1998 that allows 
Niagara Mohawk Power Corporation and Champion International Corporation 
to trade emissions to meet the requirements of NOX RACT.
    (i) Incorporation by reference:
    (A) Permits to Construct and/or Certificates to Operate: The 
following facilities have been issued permits to construct and/or 
certificates to operate by New York State and such permits and/or 
certificates are incorporated for the purpose of establishing an 
emission trade to be consistent with Subpart 227-2:
    (1) Niagara Mohawk Power Corporation's system-wide utility boilers; 
New York special permit conditions and approval letter dated December 
14, 1995.

[[Page 283]]

    (2) Champion International Corporation's two coal-fired boilers, 
Units 1 and 2, Jefferson County; New York special permit conditions and 
approval letter dated December 2, 1997.
    (ii) Additional information:
    (A) Documentation and information to support the emission trade in 
three letters addressed to EPA from the New York State Department of 
Environmental Conservation and dated as follows:
    (1) April 9, 1996 to Mr. Conrad Simon, Director of Air and Waste 
Management Division from Deputy Commissioner David Sterman for a SIP 
revision for Niagara Mohawk Power Corporation and Champion International 
Corporation.
    (2) October 17, 1996 letter to Mr. Ted Gardella, EPA from Mr. 
Patrick Lentlie, supplementing the SIP revision with the special permit 
condition approval letters.
    (3) February 2, 1998 letter to Mr. Ronald Borsellino, Chief of the 
Air Programs Branch from Mr. Patrick Lentlie, supplementing the SIP 
revision with the amended special permit conditions for Champion 
International Corporation.

[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  Extensions.

    Pursuant to section 186(a)(4) of the Clean Air Act, as amended in 
1990, the Regional Administrator hereby extends for one year (until 
December 31, 1996) the attainment date for the New York-Northern New 
Jersey-Long Island Consolidated Metropolitan Statistical Carbon Monoxide 
nonattainment area.

[61 FR 56900, Nov. 5, 1996]



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

[[Page 284]]

for the state to comply with all aspects of the requirements of 
Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]



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

[[Page 285]]

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-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.

[[Page 286]]

    (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 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

[[Page 287]]

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.
    (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,

[[Page 288]]

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.
    (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............     4/4/93  12/23/97, 62 FR 67006..........  Redesignation of
                                                                                       nonattainment areas to
                                                                                       attainment areas
                                                                                       (200.1(mm)) 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......     4/4/93  12/23/97, 62 FR 67006..........  ..........................
 
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  11/27/98, 63 FR 65559..........  Section 211.2 has been
                                                                                       removed from the approved
                                                                                       plan.
Part 212, Processes & Exhaust and/or        5/10/84  7/19/85, 50 FR 29382...........  ..........................
 Ventilation Systems.
 

[[Page 289]]

 
Part 213, Contaminant Emissions from        6/27/72  9/22/72, 37 FR 19814...........
 Ferrous Jobbing Foundries.
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--    9/2/93  7/25/96, 61 FR 38597...........  Section 225--3.4
 Gasoline.                                                                             applicable November 1
                                                                                       through last day of
                                                                                       February. Variances
                                                                                       adopted by the State
                                                                                       pursuant to sections 225-
                                                                                       3.8 and 225-3.9(a) become
                                                                                       applicable only if
                                                                                       approved by EPA as SIP
                                                                                       revisions.
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).

[[Page 290]]

 
Part 228, Surface Coating Processes:
    228.1-228.10........................     4/4/93  12/23/97, 62 FR 67006..........  SIP revisions submitted in
                                                                                       accordance with Section
                                                                                       228.3(e)(1) are effective
                                                                                       only if approved by EPA.
Part 229, Petroleum and Volatile Organic     4/4/93  12/23/97, 62 FR 67006..........  SIP revisions submitted in
 Liquid Storage and Transfer.                                                          accordance with Section
                                                                                       229.3(g)(1) are effective
                                                                                       only if approved by EPA.
Part 230, Gasoline Dispensing Sites and     8/22/94  4/30/98, 63 FR 23668...........
 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 and Cosmetic        4/4/93  12/23/97, 62 FR 67006..........  SIP revisions submitted in
 Processes.                                                                            accordance with Section
                                                                                       223.3(h)(1) are effective
                                                                                       only if approved by EPA.
Part 234, Graphic Arts..................     4/4/93  12/23/97, 62 FR 67006..........  SIP revisions submitted in
                                                                                       accordance with Section
                                                                                       234.3(f)(1) are effective
                                                                                       only if approved by EPA.
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; 61 FR 38597, July 25, 
1996; 62 FR 67006, Dec. 23, 1997; 63 FR 23668, Apr. 30, 1998; 63 FR 
65559, Nov. 27, 1998]



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.

[[Page 291]]

    (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.
    (c) The State of New York's March 27, 1996 submittal for an enhanced 
motor vehicle inspection and maintenance (I/M) program, as amended on 
September 16, 1997, and September 17, 1997, is approved with an interim 
period to last 18 months. If New York fails to start its program by 
November 15, 1998, the interim approval granted under the provisions of 
the NHSDA, which EPA believes allows the State to take full credit in 
its 15 percent plan for all of the emission reduction credits in its 
proposal, will convert to a disapproval after a finding letter is sent 
to the State by EPA.
    (d) The State must correct six minor, or de minimus, deficiencies 
related to the CAA requirements for enhanced I/M. The minor deficiencies 
are listed in EPA's interim final rulemaking on New York's motor vehicle 
inspection and maintenance program published on October 24, 1997. 
Although satisfaction of these deficiencies does not affect the interim 
approval status of the State's rulemaking, these deficiencies must be 
corrected in the final I/M SIP revision to be submitted at the end of 
the 18-month interim period.
    (e) EPA is also approving this SIP revision under Section 110(k) for 
its strengthening effect on the plan.
    (f) Attainment Determination--EPA has determined that, as of 
February 5, 1998, the Poughkeepsie ozone nonattainment area (consisting 
of Dutchess and Putnam Counties and northern Orange County) has air 
monitoring data that attains the one-hour ozone standard and that the 
requirements of section 182(b)(1) (reasonable further progress and 
attainment demonstration) and related requirements of section 172(c)(9) 
(contingency measures) of the Clean Air Act do not apply to the area.

[56 FR 41463, Aug. 21, 1991, as amended at 61 FR 51217, Oct. 1, 1996; 61 
FR 64029, Dec. 3, 1996; 62 FR 55344, Oct. 24, 1997; 62 FR 66825, Dec. 
22, 1997]



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) Purpose and scope. This section sets forth the applicable State 
implementation plan for North Carolina under section 110 of the Clean 
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air 
quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to December 
1, 1998,

[[Page 292]]

was approved for incorporation by reference by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Material is incorporated as it exists on the date of the approval, and 
notice of any change in the material will be published in the Federal 
Register. Entries in paragraphs (c) and (d) of this section with EPA 
approval dates after December 1, 1998, will be incorporated by reference 
in the next update to the SIP compilation.
    (2) EPA Region 4 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) are an 
exact duplicate of the officially promulgated State rules/regulations 
which have been approved as part of the State implementation plan as of 
December 1, 1998.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, 
GA 30303; the Office of Federal Register, 800 North Capitol Street, NW., 
Suite 700, Washington, DC.; or at the EPA, Air and Radiation Docket and 
Information Center, Air Docket (6102), 401 M Street, SW., Washington, 
DC. 20460.
    (c) EPA approved regulations.

                                     EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                               State
   State citation         Title/subject      effective          EPA approval date                Comments
                                                date
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D  Air Pollution Control Requirements
 
                                    Section .0100  Definitions and References
----------------------------------------------------------------------------------------------------------------
Sect .0101.........  Definitions...........    7/01/96  08/01/97, 62 FR 41277.
Sect .0103.........  Copies of Referenced     12/01/92  08/15/94, 59 FR 41709.
                      Federal Regulations.
Sect .0104.........  Incorporation by         05/01/95  02/01/96, 61 FR 3589.
                      Reference Updates.
----------------------------------------------------------------------------------------------------------------
                                      Section .0200  Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
Sect. .0201........  Classification of Air     4/12/84  10/11/85, 50 FR 41501.
                      Pollution Sources.
Sect. .0202........  Registration of Air       6/01/85  11/19/86, 51 FR 41786.
                      Pollution Sources.
----------------------------------------------------------------------------------------------------------------
                                    Section .0300  Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
Sect. .0301........  Purpose...............    2/01/76  6/03/86, 51 FR 19834.
Sect. .0302........  Episode Criteria......    7/01/88  1/16/90, 55 FR 1420.
Sect. .0303........  Emission Reduction        4/12/84  10/11/85, 50 FR 41501.
                      Plans.
Sect. .0304........  Preplanned Abatement     04/14/88  12/12/88, 53 FR 49881.
                      Program.
Sect. .0305........  Emission Reduction        4/12/84  10/11/85, 50 FR 41501.
                      Plan; Alert Level.
Sect. .0306........  Emission Reduction        4/12/84  10/11/85, 50 FR 41501.
                      Level; Warning Level.
Sect. .0307........  Emission Reduction        4/12/84  10/11/85, 50 FR 41501.
                      Level; Emergency
                      Level.
----------------------------------------------------------------------------------------------------------------
                                  Section .0400  Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Sect. .0401........  Purpose...............   12/01/92  8/15/94, 59 FR 41709.
Sect. .0402........  Sulfur Oxides.........    4/12/84  10/11/85, 50 FR 41501.
Sect. .0403........  Total Suspended           7/01/88  1/16/90, 55 FR 1420.
                      Particulates.
Sect. .0404........  Carbon Monoxide.......   10/01/89  3/12/90, 55 FR 9127.
Sect. .0405........  Ozone.................    4/12/84  10/11/85, 50 FR 41501.
Sect. .0407........  Nitrogen Dioxide......   10/01/89  3/12/90, 55 FR 9127.
Sect. .0408........  Lead..................    4/12/84  10/11/85, 50 FR 41501.
Sect. .0409........  Particulate Matter....    7/01/88  1/16/90, 55 FR 1420.
----------------------------------------------------------------------------------------------------------------
                                    Section .0500  Emission Control Standards
----------------------------------------------------------------------------------------------------------------
Sect. .0501........  Compliance With          07/01/96  08/01/97, 62 FR 41277.
                      Emission Control
                      Standards.
Sect. .0502........  Purpose...............    3/01/81  6/26/82 47 FR 31924.
Sect. .0503........  Particulates From Fuel    7/01/94  02/01/96 61 FR 3584.
                      Burning Indirect Heat
                      Exchangers.
Sect. .0504........  Particulates From Wood    3/14/85  11/19/86 51 FR 41786.
                      Burning Indirect Heat
                      Exchangers.

[[Page 293]]

 
Sect. .0505........  Control of                7/01/87  2/29/88 53 FR 5974.
                      Particulates From
                      Incinerators.
Sect. .0506........  Control of               11/01/84  12/19/86 51 FR 45468.
                      Particulates From Hot
                      Mix Asphalt Plants.
Sect. .0507........  Particulates From        11/01/84  12/19/86 51 FR 45468.
                      Chemical Fertilizer
                      Manufacturing Plants.
Sect. .0508........  Control of Emissions      8/01/87  12/15/87 52 FR 33933.
                      from Pulp and Paper
                      Mills.
Sect. .0509........  Particulates From Mica    4/01/86  4/17/87 52 FR 15513.
                      or Feldspar
                      Processing Plants.
Sect. .0510........  Particulates: Sand,      11/01/84  12/19/86 51 FR 45468.
                      Gravel, Crushed Stone
                      Operations.
Sect. .0511........  Particulates, SO(2),     10/01/89  3/12/90 55 FR 9127.
                      From lightweight
                      Aggregate Processes.
Sect. .0512........  Particulates From Wood   11/01/84  12/19/86 51 FR 45468.
                      Products Finishing
                      Plants.
Sect. .0513........  Control of               11/01/84  12/19/86 51 FR 45468.
                      Particulates From
                      Portland Cement
                      Plants.
Sect. .0514........  Control of                4/01/86  04/17/87 52 FR 15513.
                      Particulates From
                      Ferrous Jobbing
                      Foundries.
Sect. .0515........  Particulates From        11/01/84  12/19/86 51 FR 45468.
                      Miscellaneaous
                      Industrial Processes.
Sect. .0516........  Sulfur Dioxide           07/01/96  08/01/97 62 FR 41277.
                      Emissions Combustion
                      Sources.
Sect. .0517........  SO2 Emissions From       11/01/84  12/19/86 51 FR 45468.
                      Plants Producing
                      Sulfuric Acid.
Sect. .0518........  Miscellaneous Volatile   07/01/96  08/01/97 62 FR 41277.
                      Organic Compound
                      Emissions.
Sect. .0519........  Control of Nitrogen      07/01/96  08/01/97 62 FR 41277.
                      Dioxide Emissions.
Sect. .0520........  Control and              07/01/96  08/01/97, 62 FR 41277.
                      Prohibition of Open
                      Burning.
Sect. .0521........  Control of Visible       07/01/96  08/01/97, 62 FR 41277.
                      Emissions.
Sect. .0522........  Control and               2/01/76  6/03/86, 51 FR 19834.
                      Prohibition of
                      Odorous Emissions.
Sect. .0523........  Control of Conical        1/01/85  9/09/87, 52 FR 33933.
                      Incinerators.
Sect. .0527........  Emissions From           11/01/84  12/19/86, 51 FR 45468.
                      Spodumene Ore
                      Roasting.
Sect. .0530........  Prevention of            07/01/94  02/01/96, 61 FR 3584.
                      Significant
                      Deterioration.
Sect. .0531........  Sources in               07/01/96  08/01/97, 62 FR 41277.
                      Nonattainment Area.
Sect. .0532........  Sources Contributing     07/01/94  02/01/96, 61 FR 3584.
                      to an Ambient
                      Violation.
Sect. .0533........  Stack Height..........   07/01/94  02/01/96, 61 FR 3584.
Sect. .0535........  Malfunction, Start-ups   07/01/96  08/01/97, 62 FR 41277.
                      and Shutdowns.
Sect. .0536........  Particulate Emissions    08/01/91  02/14/96, 62 FR 5690.
                      From Electric Utility
                      Boilers.
----------------------------------------------------------------------------------------------------------------
                             Section .0600  Air Contaminants; Monitoring, Reporting
----------------------------------------------------------------------------------------------------------------
Sect. .0601........  Purpose and Scope.....   07/01/96  08/01/97, 62 FR 41277.
Sect. .0602........  Definitions...........   04/12/84  10/11/85, 50 FR 41501.
Sect. .0604........  Sources Covered by       07/01/96  08/01/97, 62 FR 41277.
                      Implementation Plan
                      Requirements.
Sect. .0605........  Wood and Wood-Fossil     04/12/84  10/11/85, 50 FR 41501.
                      Fuel Combination
                      Units.
Sect. .0606........  Other Coal or Residual   05/02/88  12/12/88, 53 FR 49881.
                      Oil Burners.
Sect. .0607........  Exceptions to            04/12/84  10/11/85, 50 FR 41501.
                      Monitoring and
                      Reporting
                      Requirements.
Sect. .0608........  Program Schedule......   07/01/96  08/01/97, 62 FR 41277.
Sect. .0609........  Monitoring Condition     04/12/84  10/11/85, 50 FR 41501.
                      in Permit.
Sect. .0610........  Delegation............   06/03/88  11/13/89, 54 FR 47211.
----------------------------------------------------------------------------------------------------------------
                                         Section .0800  Complex Sources
----------------------------------------------------------------------------------------------------------------
Sect. .0801........  Purpose and Scope.....   07/01/94  02/01/96, 61 FR 3584.
Sect. .0802........  Definitions...........   07/01/94  02/01/96, 61 FR 3584.
Sect. .0803........  Highway Projects......   07/01/94  02/01/96, 61 FR 3584.

[[Page 294]]

 
Sect. .0804........  Airport Facilities....   07/01/96  08/01/97, 62 FR 41277.
Sect. .0805........  Parking Facilities....   07/01/94  02/01/96, 61 FR 3584.
Sect. .0806........  Ambient Monitoring and  07/01/94,  02/01/96 61 FR 3584.
                      Modeling Analysis.
----------------------------------------------------------------------------------------------------------------
                                    Section .0900  Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Sect. .0901........  Definitions...........   07/01/96  08/01/97, 62 FR 41277.
Sect. .0902........  Applicability.........   07/01/96  08/01/97, 62 FR 41277.
Sect. .0903........  Recordkeeping,           11/08/84  12/19/86, 51 FR 45468.
                      Reporting; Monitoring.
Sect. .0905........  Petition for             11/08/84  12/19/86, 51 FR 45468.
                      Alternative Controls.
Sect. .0906........  Circumvention.........   11/08/84  12/19/86, 51 FR 45468.
Sect. .0907........  Compliance Schedules     05/01/95  02/01/96, 62 FR 3589.
                      for Sources in
                      Nonattainment Areas.
Sect. .0908........  Equipment Modification   11/08/84  12/19/86, 51 FR 45468.
                      Compliance Schedules.
Sect. .0909........  Compliance Schedules     07/01/95  02/01/96, 62 FR 3589.
                      for Sources in New
                      Nonattainment Areas.
Sect. .0910........  Alternate Compliance     05/01/95  02/01/96, 62 FR 3589.
                      Schedules.
Sect. .0911........  Exceptions for           05/01/95  02/01/96, 62 FR 3589.
                      Compliance Schedules.
Sect. .0912........  General Provisions on    11/08/84  12/19/86, 51 FR 45468.
                      Test Methods and
                      Procedures.
Sect. .0913........  Determination of         07/01/88  1/16/90, 55 FR 1420.
                      Volatile Content of
                      Surface Coatings.
Sect. .0914........  Determination of VOC     11/08/84  12/19/86, 51 FR 45468.
                      Emission Control
                      System Efficiency.
Sect. .0915........  Determination of         11/08/84  12/19/86, 51 FR 45468.
                      Solvent Metal
                      Cleaning VOC
                      Emissions.
Sect. .0916........  Determination of VOC     07/01/88  1/16/90, 55 FR 1420.
                      Emissions from Bulk
                      Gasoline Terminals.
Sect. .0917........  Automobile and Light-    07/01/96  08/01/97, 62 FR 41277.
                      Duty Truck
                      Manufacturing.
Sect. .0918........  Can Coating...........   07/01/96  08/01/97, 62 FR 41277.
Sect. .0919........  Coil Coating..........   07/01/96  08/01/97, 62 FR 41277.
Sect. .0920........  Paper Coating.........   07/01/96  08/01/97, 62 FR 41277.
Sect. .0921........  Fabric and Vinyl         07/01/96  08/01/97, 62 FR 41277.
                      Coating.
Sect. .0922........  Metal Furniture          07/01/96  08/01/97, 62 FR 41277.
                      Coating.
Sect. .0923........  Surface Coating of       07/01/96  08/01/97, 62 FR 41277.
                      Large Appliances.
Sect. .0924........  Magnet Wire Coating...   07/01/96  08/01/97 62 FR 41277.
Sect. .0925........  Petroleum Liquid         12/01/89  06/23/94 59 FR 32365.
                      Storage.
Sect. .0926........  Bulk Gasoline Plants..   07/01/96  08/01/97 62 FR 41277.
Sect. .0927........  Bulk Gasoline            07/01/96  08/01/97 62 FR 41277.
                      Terminals.
Sect. .0928........  Gasoline Service         07/01/96  08/01/97 62 FR 41277.
                      Stations Stage I.
Sect. .0930........  Solvent Metal Cleaning   03/01/91  06/23/94 59 FR 32365.
Sect. .0931........  Cutback Asphalt.......   12/01/89  06/23/94 59 FR 32365.
Sect. .0932........  Gasoline Truck Tanks     07/01/95  02/01/96 62 FR 3589.
                      and Vapor Collection
                      Systems.
Sect. .0933........  Petroleum Liquid         07/01/95  02/01/96 62 FR 3589.
                      Storage in External
                      Floating Roof Tanks.
Sect. .0934........  Coating of               07/01/96  08/01/97 62 FR 41277.
                      Miscellaneous Metal
                      Parts and Products.
Sect. .0935........  Factory Surface          07/01/96  08/01/97 62 FR 41277.
                      Coating of Flat Wood
                      Paneling.
Sect. .0936........  Graphic Arts..........   12/01/89  06/23/94 59 FR 32365.
Sect. .0937........  Manufacture of           07/01/96  08/01/97 62 FR 41277.
                      Pneumatic Rubber
                      Tires.
Sect. .0938........  Perchloroethylene Dry    12/01/89  06/23/94 59 FR 32365.
                      Cleaning System.
Sect. .0939........  Determination of         07/01/88  1/16/90 55 FR 1420.
                      Volatile Organic
                      Compounds Emissions.
Sect. .0940........  Determination of Leak    07/01/88  1/16/90 55 FR 1420.
                      Tightness and Vapor
                      Leaks.
Sect. .0941........  Alternative Method for   03/01/91  06/23/94 59 FR 32365.
                      Leak Tightness.

[[Page 295]]

 
Sect. .0942........  Determination of         07/23/80  08/27/81 46 FR 43137.
                      Solvent in Filter
                      Waste.
Sect. .0943........  Synthetic Organic        03/01/91  06/23/94 59 FR 32365.
                      Chemical and Polymer
                      Manufacturing.
Sect. .0944........  Manufacture of           03/14/85  11/19/86 51 FR 41786.
                      Polyethylene
                      Polypropylene, and
                      Polystyrene.
Sect. .0945........  Petroleum Dry Cleaning   03/14/85  11/19/86 51 FR 41786
Sect. .0947........  Manufacture of           07/01/94  05/05/95 60 FR 22284.
                      Synthesized
                      Pharmaceutical
                      Products.
Sect. .0948........  VOC Emissions From       07/01/94  05/05/95 60 FR 22284.
                      Transfer Operations.
Sect. .0949........  Storage of               07/01/94  05/05/95 60 FR 22284.
                      Miscellaneous
                      Volatile Organic
                      Compounds.
Sect. .0950........  Interim Standards for    05/01/95  02/01/96, 62 FR 3589.
                      Certain Source
                      Categories.
Sect. .0951........  Miscellaneous Volatile   07/01/96  08/01/97, 62 FR 41277.
                      Organic Compound
                      Emissions.
Sect. .0952........  Petition for             05/01/95  02/01/96, 62 FR 3589.
                      Alternative Controls.
Sect. .0953........  Vapor Return Piping      07/01/96  08/01/97, 62 FR 41277.
                      for Stage II Vapor
                      Recovery.
Sect. .0954........  Stage II Vapor           07/01/96  08/01/97, 62 FR 41277.
                      Recovery.
Sect. .0955........  Thread Bonding           04/01/95  02/01/96, 62 FR 3589.
                      Manufacturing.
Sect. .0956........  Glass Christmas          04/01/05  02/01/96, 62 FR 3589.
                      Ornament
                      Manufacturing.
Sect. .0957........  Commercial Bakeries...   04/01/95  02/01/96, 62 FR 3589.'
----------------------------------------------------------------------------------------------------------------
                            Section .1000  Motor Vehicle Emissions Control Standards
----------------------------------------------------------------------------------------------------------------
Sect. .1001........  Purpose...............   12/01/82  06/02/95, 60 FR 28726.
Sect. .1002........  Applicability.........   07/01/94  06/02/95, 60 FR 28726.
Sect. .1003........  Definitions...........   12/01/82  06/02/95, 60 FR 28726.
Sect. .1004........  Emission Standards....   07/01/93  06/02/95, 60 FR 28726.
Sect. .1005........  Measurement and          04/01/91  06/02/95, 60 FR 28726.
                      Enforcement.
----------------------------------------------------------------------------------------------------------------
                                   Section .1300  Oxygenated Gasoline Standard
----------------------------------------------------------------------------------------------------------------
Sect. .1301........  Purpose...............   09/01/92  06/30/94, 59 FR 32365.
Sect. .1302........  Applicability.........   09/01/92  06/30/94, 59 FR 32365.
Sect. .1303........  Definitions...........   09/01/92  06/30/94, 59 FR 32365.
Sect. .1304........  Oxygen Content           09/01/92  06/30/94, 59 FR 32365.
                      Standard.
Sect. .1305........  Measurement and          09/01/92  06/30/94, 59 FR 32365.
                      Enforcement.
----------------------------------------------------------------------------------------------------------------
                                           Section .1900  Open Burning
----------------------------------------------------------------------------------------------------------------
Sect. .1901........  Purpose, Scope, and      07/01/96  08/01/97, 62 FR 41277.
                      Impermissible Open
                      Burning.
Sect. .1902........  Definitions...........   07/01/96  08/01/97, 62 FR 41277.
Sect. .1903........  Permissible Open         07/01/96  08/01/97, 62 FR 41277.
                      Burning Without a
                      Permit.
Sect. .1904........  Air Curtain Burners...   07/01/96  08/01/97, 62 FR 41277
----------------------------------------------------------------------------------------------------------------
                                       Subchapter 2Q  Air Quality Permits
 
                                        Section .0100  General Provisions
----------------------------------------------------------------------------------------------------------------
Sect. .0101........  Required Air Quality     08/15/94  02/01/96, 61 FR 3584.
                      Permits.
Sect. .0102........  Activities Exempted      08/15/94  02/01/96, 61 FR 3584.
                      From Permit
                      Requirements.
Sect. .0103........  Definitions...........   07/01/96  08/01/97, 62 FR 41277.
Sect. .0105........  Copies of Referenced     08/15/94  02/01/96, 61 FR 3584.
                      Documents.
Sect. .0106........  Incorporation by         08/15/94  02/01/96, 61 FR 3584.
                      Reference.
Sect. .0107........  Confidential             08/15/94  02/01/96, 61 FR 3584.
                      Information.
Sect. .0108........  Delegation of            08/15/94  02/01/96, 61 FR 3584.
                      Authority.
Sect. .0109........  Compliance Schedule      07/01/96  08/01/97, 62 FR 41277.
                      for Previously
                      Exempted Activities.
Sect. .0110........  Retention of Permit at   08/15/94  02/01/96, 61 FR 3584.
                      Permitted Facility.
Sect. .0111........  Applicability            08/15/94  02/01/96, 61 FR 3584
                      Determinations.
----------------------------------------------------------------------------------------------------------------

[[Page 296]]

 
                                           Section .0200  Permit Fees
----------------------------------------------------------------------------------------------------------------
Sect. .0207........  Annual Emissions         07/01/96  08/01/97, 62 FR 41277.
                      Reporting.
 
----------------------------------------------------------------------------------------------------------------
                                Section .0300  Construction and Operating Permits
 
----------------------------------------------------------------------------------------------------------------
Sect. .0301........  Applicability.........   07/01/94  07/28/95, 60 FR 38710.
Sect. .0303........  Definitions...........   07/01/94  07/28/95, 60 FR 38710.
Sect. .0304........  Applications..........   07/01/94  07/28/95, 60 FR 38710.
Sect. .0305........  Application Submittal    07/01/94  07/28/95, 60 FR 38710.
                      Content.
Sect. .0306........  Permits Requiring        07/01/94  07/28/95, 60 FR 38710.
                      Public Participation.
Sect. .0307........  Public Participation     07/01/94  07/28/95, 60 FR 38710.
                      Procedures.
Sect. .0308........  Final Action on Permit   07/01/94  07/28/95, 60 FR 38710.
                      Applications.
Sect. .0309........  Termination,             07/01/94  07/28/95, 60 FR 38710.
                      Modification and
                      Revocation of Permits.
Sect. .0310........  Permitting of Numerous   07/01/94  07/28/95, 60 FR 38710.
                      Similar Facilities.
Sect. .0311........  Permitting of            07/01/96  08/01/97, 62 FR 41277.
                      Facilities at
                      Multiple Temporary
                      Sites.
----------------------------------------------------------------------------------------------------------------
                                Section .0600  Transportation Facility Procedures
----------------------------------------------------------------------------------------------------------------
Sect. .0601........  Purpose of Section and   07/01/94   2/01/96, 61 FR 3586.
                      Requirement for
                      Permit.
Sect. .0602........  Definitions...........   07/01/94  2/01/96, 61 FR 3586.
Sect. .0603........  Applications..........   07/28/97  12/31/98, 63 FR 72193.
Sect. .0604........  Public Participation..   07/01/94  2/01/96, 61 FR 3586.
Sect. .0605........  Delegation of            07/01/94  2/01/96, 61 FR 3586.
                      Authority.
Sect. .0606........  Termination,             07/01/94  2/01/96, 61 FR 3586.
                      Modification and
                      Revocation of Permits.
----------------------------------------------------------------------------------------------------------------
                                        Section .0800  Exclusionary Rules
----------------------------------------------------------------------------------------------------------------
Sect. .0801........  Purpose and Scope.....   08/01/95  09/20/96, 61 FR 49418.
Sect. .0802........  Gasoline Servicing       08/01/95  09/20/96, 61 FR 49418.
                      Stations and
                      Dispensing Facilities.
Sect. .0803........  Coating, Solvent         07/28/97  12/31/98, 63 FR 72193.
                      Cleaning, Graphic
                      Arts Operations.
Sect. .0804........  Dry Cleaning             08/01/95  09/20/96, 61 FR 49418.
                      Facilities.
Sect. .0805........  Grain Elevators.......   08/01/95  09/20/96, 61 FR 49418.
Sect. .0806........  Cotton Gins...........   08/01/95  09/20/96, 61 FR 49418.
Sect. .0807........  Emergency Generators..   08/01/95  09/20/96, 61 FR 49418.
----------------------------------------------------------------------------------------------------------------

[64 FR 27467, May 20, 1999]



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

[[Page 297]]

 
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 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

[[Page 298]]

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 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]



Sec. 52.1783  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of North Carolina'' and all revisions submitted by North 
Carolina that were federally approved prior to December 1, 1998.
    (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.
    (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.

[[Page 299]]

    (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 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.

[[Page 300]]

    (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
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

[[Page 301]]

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.
    (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))

[[Page 302]]

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
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

[[Page 303]]

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.
    (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.

[[Page 304]]

    (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 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]

[[Page 305]]

    (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:

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).

[[Page 306]]

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 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

[[Page 307]]

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.
    (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

[[Page 308]]

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.
    (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

[[Page 309]]

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, 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.

[[Page 310]]

    (89) Exclusionary rules for the State of North Carolina Department 
of Environment, Health, and Natural Resources and the Forsyth County 
Department of Environmental Affairs submitted by the North Carolina 
Department of Environment, Health, and Natural Resources on August 8, 
1995, and December 28, 1995, respectively, as part of the North Carolina 
SIP.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2Q.0801 through 15A NCAC 2Q.0807 of the 
North Carolina SIP as adopted by the North Carolina Environmental 
Management Commission on June 8, 1995, and which became effective on 
August 1, 1995.
    (B) Regulations Subchapter 3Q.0801 through Subchapter 3Q.0807 of the 
Forsyth County portion of the North Carolina SIP as adopted and made 
effective by the Forsyth County Board of Commissioners on November 13, 
1995.
    (ii) Other material. None.
    (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.
    (91) The North Carolina Department of Environment, Health and 
Natural Resources submitted revisions to the North Carolina State 
Implementation Plan on September 21, 1989. These revisions incorporate 
SO2 limits and permit conditions for Cape Industries.
    (i) Incorporation by reference.
    (A) Permit for Cape Industries (air permit no. 130R17) which was 
issued by the Environmental Management Commission on December 29, 1994.
    (ii) Additional material--none.
    (92)-(93) [Reserved]
    (94) The miscellaneous revisions to the North Carolina State 
Implementation Plan, which were submitted on August 16, 1996.
    (i) Incorporation by reference. Regulations 15A NCAC 2D. 0101 
Definitions, .0501 Compliance with Emission Control Standards, .0516 
Sulfur Dioxide Emissions Combustion Sources, .0518 Miscellaneous 
Volatile Organic Compounds Emissions, .0519 Control of Nitrogen Dioxide 
and Nitrogen Oxides Emissions, .0520 Control and Prohibition of Open 
Burning, .0521 Control of Visible Emissions, .0531 sources in 
Nonattainment Areas, .0535 Excess Emissions Reporting and Malfunctions, 
.0601 Purpose and Scope, .0604 Sources Covered by Implementation Plan 
Requirements, .0608 Program Schedule, .0804 Airport Facilities, .0805 
Parking Facilities, .0901 Definitions, .0902 Applicability, .0917 
Automobile and Light-Duty Truck Manufacturing, .0918 Can Coating, .0919 
Coil Coating, .0920 Paper Coating, .0921 Fabric and Vinyl Coating, .0922 
Metal Furniture Coating, .0923 Surface Coating of Large Appliances, 
.0924 Magnet Wire Coating, .0926 Bulk Gasoline Plants, .0927 Bulk 
Gasoline Terminals, .0928 Gasoline Service Stations Stage 1, .0929 
Petroleum Refinery Sources, .0934 Coating of miscellaneous Metal Parts 
and Products, .0935 Factory Surface Coating of Flat Wood Paneling, .0937 
Manufacture of Pneumatic Rubber Tires, .0951 Miscellaneous Volatile 
Organic Compound Emissions, .0953 Vapor Return Piping for Stage II Vapor 
Recovery, .0954 Stage II Vapor Recovery, .1901, Purpose, Scope, and 
Impermissible Open Burning, .1902 Definitions, .1903 Permissible Open 
Burning Without a Permit, .1904 Air Curtain Burners. 15A NCAC 2Q .0103 
Definitions, .0109 Compliance Schedule for Previously Exempted 
Activities, .0207 Annual Emissions Reporting, and .0311 permitting of 
Facilities at Multiple Temporary Sites effective on July 1, 1996.
    (ii) Other material. None.
    (95) [Reserved]

[[Page 311]]

    (96) The miscellaneous revisions to the North Carolina State 
Implementation Plan, which were submitted on October 10, 1997.
    (i) Incorporation by reference.

                   Subchapter 31A--Air Quality Control

    .0110 CFR Dates and .0112 ASTM Dates effective on July 28, 1997.

            Subchapter 3D--Air Pollution Control Requirements

    .0501(g); Compliance With Emission Control Standards .0512 
Particulate From Wood Products Finishing Plants, .0518(e) and (g); 
Miscellaneous Volatile Organic Compound Emissions, .0530(a), (1), (o), 
and (s); Prevention of Significant Deterioration, .0902(a) through (i); 
Applicability, .0907 Compliance Schedules for Sources in Nonattainment 
Areas, .0909(a) through (c), (g) and (h); Compliance Schedules for 
Sources in New Nonattainment Areas, .0910 Alternative Compliance 
Schedules, .0911 Exception From Compliance Schedules, .0954(a) and (f) 
Stage II Vapor Recovery, and .1903(b)(2)(E); Permissible Open Burning 
effective on July 28, 1997.

                   Subchapter 3Q--Air Quality Permits

    .0102(a) through (e); Activities Exempt From Permit Requirements, 
.0104(b); Where to Obtain and File Permit Applications, .0107(b); 
Confidential Information, .0307(i); Public Participation Procedures, 
.0312(a)(1)(C); Application Processing Schedule, .0603(e); 
Transportation Facility Procedures .803(f)(2) (A) through (C) Coating, 
Solvent Cleaning, and Graphic Arts Operations effective on July 28, 
1997.

    (ii) Other material. None.

[37 FR 10884, May 31, 1972]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.1783, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



                        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

[[Page 312]]

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 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.

[[Page 313]]

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 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) On November 2, 1992, the Governor of North Dakota submitted a 
plan for the establishment and implementation of a Small Business 
Assistance Program to be incorporated into the North Dakota State 
Implementation Plan as required by section 507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Executive Order 1992-5, executed May 21, 1992, to establish a 
Small Business Compliance Advisory Panel.
    (ii) Additional materials.
    (A) November 2, 1992 letter from the Governor of North Dakota 
submitting a Small Business Assistance Program plan to EPA.
    (B) The State of North Dakota plan for the establishment and 
implementation of a Small Business Assistance Program, adopted by the 
North Dakota State Department of Health and Consolidated Laboratories on 
October 23, 1992, effective October 23, 1992.
    (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

[[Page 314]]

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.
    (28) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with a 
letter dated December 21, 1994. The submittal addressed revisions to SIP 
Chapter 2, regarding delegatable authorities and asbestos law revisions, 
and to air pollution control rules regarding general provisions; ambient 
air quality standards; new source performance standards (NSPS); and 
national emission standards for hazardous air pollutants (NESHAPs).
    (i) Incorporation by reference.
    (A) Revisions to the following sections of the North Dakota Century 
Code: 23-25-01; 23-25-03; and 23-25-03.1, effective August 1, 1993.
    (B) Revisions to the Air Pollution Control Rules as follows: General 
Provisions 33-15-01-17 and 33-15-01-18; Ambient Air Quality Standards 
33-15-02-05 and 33-15-02 Table 1; Standards of Performance for New 
Stationary Sources 33-15-12; and Emission Standards for Hazardous Air 
Pollutants 33-15-13, effective December 1, 1994.
    (29) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with 
letters dated August 15, 1995 and January 9, 1996. The revisions address 
air pollution control rules regarding general provisions; open burning; 
emissions of particulate matter, certain settleable acids and alkaline 
substances, and fugitives; air pollution emergency episodes; new source 
performance standards (NSPS); national emission standards for hazardous 
air pollutants (NESHAPs); and the minor source construction and 
operating permit programs. The State's January 9, 1996 submittal also 
revised SIP Chapter 6, Air Quality Surveillance, to identify current 
activities regarding visibility monitoring.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules as follows: 
Emissions of Particulate Matter Restricted 33-15-05-03., 33-15-05-03.1., 
33-15-05-03.2., and 33-15-05-03.3.; Prevention of Air Pollution 
Emergency Episodes 33-15-11 Tables 6 and 7; and Fees 33-15-23-01, 33-15-
23-02, and 33-15-23-03, effective August 1, 1995.
    (B) Revisions to the Air Pollution Control Rules as follows: General 
Provisions 33-15-01-04; Emission Standards for Hazardous Air Pollutants 
33-15-13, except 33-15-13-01-2., Subpart I; Designated Air Contaminant 
Sources, Permit to Construct, Minor Source Permit to Operate, Title V 
Permit to Operate 33-15-14-01, 33-15-14-01.1., 33-15-14-02.12., and 33-
15-14-03.10.; effective August 1, 1995 and January 1, 1996.
    (C) Revisions to the Air Pollution Control Rules as follows: Open 
Burning Restrictions 33-15-04; Emissions of Certain Settleable Acids and 
Alkaline Substances Restricted 33-15-09; Standards of Performance for 
New Stationary Sources 33-15-12; and Restriction of Fugitive Emissions 
33-15-17-01 and 33-15-17-02, effective January 1, 1996.
    (30) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and

[[Page 315]]

Air Pollution Control Rules with letters dated January 9, 1996 and 
September 10, 1997. The revisions address air pollution control rules 
regarding general provisions and emissions of particulate matter, sulfur 
compounds, and organic compounds.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rule Emissions of Sulfur 
Compounds Restricted, 33-15-06-01, effective January 1, 1996.
    (B) Revisions to the Air Pollution Control Rules as follows: General 
Provisions 33-15-01-04.49, 33-15-01-13.2(b), 33-15-01-15.2, and 33-15-
01-17.3; Emissions of Particulate Matter Restricted 33-15-05-03.3.4; and 
Control of Organic Compound Emissions 33-15-07-01.1; effective September 
1, 1997.
    (ii) Additional material.
    (A) An April 8, 1997 letter from Dana Mount, North Dakota Department 
of Health, to Richard Long, EPA, to provide technical support 
documentation regarding the revisions to Chapter 33-15-06, Emissions of 
Sulfur Compounds Restricted.
    (B) A July 30, 1997 letter from Dana Mount, North Dakota Department 
of Health, to Amy Platt, EPA, to provide technical support documentation 
regarding the revisions to Chapter 33-15-06, Emissions of Sulfur 
Compounds Restricted.
    (C) A September 9, 1997 letter from Dana Mount, North Dakota 
Department of Health, to Larry Svoboda, EPA, to provide technical 
support documentation regarding the revisions to Chapter 33-15-06, 
Emissions of Sulfur Compounds Restricted.

[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
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]

[[Page 316]]



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  [Reserved]



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]



Sec. 52.1835  Change to approved plan.

    North Dakota Administrative Code Chapter 33-15-12, Standards of 
Performance for New Stationary Sources, is removed from the approved 
plan. This change is a result of the State's September 10, 1997 request 
for delegation of authority to implement and enforce the Clean Air Act 
New Source Performance Standards (NSPS) promulgated in 40 CFR Part 60, 
as in effect on October 1, 1996 (except subpart Eb, which the State has 
not adopted). EPA granted that delegation of authority on May 28, 1998.

[63 FR 45727, Aug. 27, 1998]



                            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

[[Page 317]]

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 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,

[[Page 318]]

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 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

[[Page 319]]

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 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

[[Page 320]]

(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.
    (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.

[[Page 321]]

    (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.
    (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

[[Page 322]]

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 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

[[Page 323]]

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, 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

[[Page 324]]

(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 3745-31-08 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

[[Page 325]]

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 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

[[Page 326]]

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 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

[[Page 327]]

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.
    (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.

[[Page 328]]

    (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. 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

[[Page 329]]

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, 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,

[[Page 330]]

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 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),

[[Page 331]]

(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.
    (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,

[[Page 332]]

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), (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,

[[Page 333]]

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, Paragraphs (Q), (R), (S), Appendices A, B, C; effective date 
March 31, 1993.
    (C) Ohio Administrative Code rules 3745-21-09(DDD)(1)-(4), 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

[[Page 334]]

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.
    (111) On July 18, 1996, the Ohio Environmental Protection Agency 
submitted a site specific State Implementation Plan revision for Ohio 
Edison's Sammis and Toronto plants for Sulfur Dioxide. The revisions for 
the Sammis plant provide ``as an alternative'' to the existing boiler 
specific regulations a limit of ``2.91 lbs./MMBTU actual heat input from 
each boiler''. The regulation for the Toronto plant reduces allowable 
emissions to 2.0 lbs./MMBTU.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-18-47, effective July 
25, 1996.
    (112) On August 29, 1996, the United States Environmental Protection 
Agency received from the Ohio Environmental Protection Agency, changes 
to the approved vehicle inspection and maintenance (I/M) program which 
control the release of volatile organic compounds from vehicles. These 
changes provide a repair spending cap of $300 and a temporary hardship 
extension of time up to 6 months for owners to perform needed repairs on 
vehicles which fail the I/M program test.
    (i) Incorporation by reference.
    (A) Rule 3745-26-01--Definitions effective May 15, 1996.
    (B) Rule 3745-26-12--Requirements for motor vehicle owners in the 
enhanced or opt-in enhanced automobile inspection and maintenance 
program, effective May 15, 1996.
    (113) On August 30, 1996, Ohio submitted a request to extend the 
exemption from opacity limits for the boilers at Ford's Cleveland Engine 
Plant 1 to six hours after start-up.
    (i) Incorporation by reference.
    (A) Findings and Orders for boilers number 1 through number 5 at 
Ford's Cleveland Engine Plant 1, signed by Donald Schregardus on May 31, 
1996.
    (114) On November 12, 1996, the Ohio Environmental Protection Agency 
submitted a request to incorporate section(G)(9)(g) of Rule 3745-21-07 
of the Ohio Administrative Code into the Ohio State Implementation Plan 
(SIP). Section (G)(9)(g) provides an additional exemption from organic 
compound emission controls for qualifying new sources. Because, in the 
process of adopting section(G)(9)(g), minor editorial changes were made 
to other parts of Rule 3745-21-07, the United States Environmental 
Protection Agency is incorporating all of Rule

[[Page 335]]

3745-21-07 into the Ohio SIP. This will avoid confusion by making the 
SIP approved rule identical to the current State rule.
    (i) Incorporation by reference.
    (A) Rule 3745-21-07 of the Ohio Administrative Code, adopted October 
7, 1996, effective October 31, 1996, as certified by Donald R. 
Schregardus, Director of the Ohio Environmental Protection Agency.
    (115) On January 3, 1997, the Ohio EPA submitted a revision to the 
Hamilton County sulfur dioxide implementation plan for the Procter and 
Gamble Company, Ohio Administrative Code 3745-18-37(GG)(2), which limits 
combined average operating rate of all boilers (B001, B008, B021, and 
B022) to a maximum of 922 million BTU per hour for any calendar day. 
Boilers B001 and B008 are each allowed to emit 1.1 pounds of sulfur 
dioxide per million BTU actual heat input. Boiler B021 is limited to 
1.50 pounds of sulfur dioxide per million BTU; and boiler B022 is 
limited to 2.0 pounds of sulfur dioxide per million BTU average heat 
input.
    (I) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-18-37(GG)(2), Hamilton 
County emission limits, dated December 17, 1996, for Procter and Gamble 
Company.
    (B) Director's Findings and Orders in the matter of the adoption of 
amended Rule 3745-18-37 of the Ohio Administrative Code, dated December 
17, 1996.
    (ii) Additional Materials.
    (A) Letter from Ohio EPA Director Donald R. Schregardus to Regional 
Administrator Valdas Adamkus, dated January 3, 1997.
    (B) Letter from Ohio EPA Air Pollution Control Division Chief, 
Robert Hodanbosi to EPA dated August 11, 1997.
    (116) On December 9, 1996, the Ohio Environmental Protection Agency 
submitted two revisions to its sulfur dioxide rules. The first revision 
provides adjusted, State adopted limits for a Sun Oil Company facility. 
The second revision, applicable Statewide, exempts sources from 
operating hour limits on days when only natural gas is burned. Further, 
by letter of December 15, 1997, the State requested that U.S. 
Environmental Protection Agency address the addition of emission limits 
for stationary gas turbines and stationary internal combustion engines 
in rule 3745-18-06 that have been adopted previously.
    (i) Incorporation by reference. (A) Ohio Administrative Code (OAC) 
rule 3745-18-54 (O) and OAC rule 3745-18-06, adopted October 7, 1996, 
effective October 31, 1996.
    (117) On August 1, 1997 the Ohio Environmental Protection Agency 
submitted a requested revision to the Ohio State Implementation Plan. 
This revision constituted amendments to the emissions statement 
reporting regulations approved on October 13, 1994 and codified in 
paragraph (c)(100) of this section. The revision is intended to limit 
the applicability of these rules to stationary sources located within 
the State's marginal and above ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-24-02 Applicability. 
Effective July 31, 1997.
    (118) [Reserved]
    (119) On September 21, 1998, Ohio submitted revisions to its Permit 
to Operate rules as a revision to the State implementation plan.
    (i) Incorporation by reference
    (A) Ohio Administrative Code 3745-35-02, adopted April 4, 1994, 
effective April 20, 1994.
    (120) On January 3, 1999, Ohio submitted, as a State implementation 
plan revision, de minimus exemption provisions for its permitting rules.
    (i) Incorporation by reference
    (A) Ohio Administrative Code 3745-15-05, adopted April 4, 1994, 
effective April 20, 1994.

[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: At 64 FR 30396, June 8, 1999, Sec. 52.1870 was 
amended by adding paragraphs (c)(119) and (c)(120) effective Aug. 9, 
1999.



Sec. 52.1871  Classification of regions.

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

[[Page 336]]



----------------------------------------------------------------------------------------------------------------
                                                                                  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-            I        III       III       III        III
 Ironton (Ohio) Interstate................................
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.; 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

[[Page 337]]

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 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

[[Page 338]]

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 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

[[Page 339]]

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).
    (4) Approval--EPA 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

[[Page 340]]

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 Company--Avon Lake, 
U.S. Steel--Lorain, and B.F. Goodrich), Lucas County (except Gulf Oil 
Company, Coulton Chemical Company, and Phillips Chemical 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), 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 
Company), 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--EPA is neither approving nor disapproving the 
emission limitations for the following counties or 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 Company--Avon Lake, U.S. Steel--Lorain, 
and B.F. Goodrich), Lucas County (Gulf Oil Company, Coulton Chemical 
Company, and Phillips Chemical 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

[[Page 341]]

on February 12, 1986 and were effective on March 5, 1986.
    (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 342]]

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

[[Page 343]]

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

    (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 EL51
(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

[[Page 344]]

of this regulation each stack is identified as follows:

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

[[Page 345]]

the ``Harshaw Chemical Company'' facility located at 1000 Harvard 
Avenue, Cleveland, Ohio, shall not cause or permit the emission of 
sulfur dioxide from 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

[[Page 346]]

pounds of sulfur dioxide per MMBTU actual heat input.
    (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

[[Page 347]]

the ``Medical Center Company'' facility located at 2250 Circle Drive, 
Cleveland, 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

[[Page 348]]

Heights, Ohio, shall not cause or permit the emission of sulfur dioxide 
from Boiler Number 1 to exceed a maximum 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.

[[Page 349]]

    (16) In Franklin 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 unit between 10.0 and 
50.0  x  10 6 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 10 6 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

[[Page 350]]

(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.
    (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+10 6 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+10 6 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

[[Page 351]]

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.
    (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.

[[Page 352]]

    (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 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:

[[Page 353]]

    (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.
    (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.

[[Page 354]]

    (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 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 SO 2 
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

[[Page 355]]

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.
    (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. SO 2 
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. SO 
2 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:

[[Page 356]]

[GRAPHIC] [TIFF OMITTED] TC12NO91.000

    (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.
    (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:
[GRAPHIC] [TIFF OMITTED] TC12NO91.001

    (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:


[[Page 357]]


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 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.

[[Page 358]]

    (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 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

[[Page 359]]

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-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

[[Page 360]]

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:
    (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

[[Page 361]]

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.
    (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.

[[Page 362]]

    (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 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.

[[Page 363]]

    (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 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.

[[Page 364]]

    (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 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

[[Page 365]]

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 
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

[[Page 366]]

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 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]

[[Page 367]]



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 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.
    (5) [Reserved]
    (6) Approval--On June 10, 1997, Ohio submitted revisions to the 
maintenance plans for the Toledo area (including Lucas and Wood 
counties), the Cleveland/Akron/Lorain area (including Lorain, Cuyahoga, 
Lake, Ashtabula, Geauga, Medina, Summit and Portage counties), and the 
Dayton-Springfield area (including Montgomery, Clark, Greene, and Miami 
counties). The revisions consist of an allocation of a portion of the 
safety margin in each area to the transportation conformity mobile 
source budget for that area. The mobile source budgets for 
transportation conformity purposes for Toledo are now: 35.85 tons per 
day of volatile organic compound emissions for the year 2005 and 35.19 
tons per day of oxides of nitrogen emissions for the year 2005. The 
mobile source budgets for transportation conformity purposes for 
Cleveland-Akron-Lorain are now: 82.7 tons per day of volatile organic 
compound emissions for the year 2006 and 104.4 tons per day of oxides of 
nitrogen emissions for the year 2006. For the Dayton-Springfield area, 
the oxides of nitrogen mobile source budget remains the same and the 
mobile source budget for volatile organic compounds is now 34.1 tons per 
day.
    (7) Approval--On October 20, 1997, Ohio submitted a revision to the 
maintenance plan for the Jefferson County area. The revision consists of 
an allocation of a portion of the safety margin in the area to the 
transportation conformity mobile source budget for that area. The mobile 
source budget for transportation conformity purposes for Jefferson 
County are now: 5.1 tons per day of volatile organic compound emissions 
for the year 2005 and 4.4 tons per day of oxides of nitrogen emissions 
for the year 2005.
    (8) Approval--On April 27, 1998, Ohio submitted a revision to remove 
the air quality triggers from the ozone maintenance plans for the 
following areas in Ohio: Canton (Stark County), Cleveland (Lorain, 
Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit and Portage Counties), 
Columbus (Franklin, Delaware and Licking Counties), Steubenville 
(Jefferson County), Toledo (Lucas and Wood Counties), Youngstown 
(Mahoning and Trumbull Counties) as well as Clinton County, Columbiana 
County, and Preble County.
    (9) Approval--On March 13, 1998, Ohio submitted a revision to the 
maintenance plan for the Columbus area. The revision consists of 
establishing a new out year for the area's emissions budget. The new out 
year emissions projections include reductions from point and area 
sources; the revision also defines new safety margins according to the

[[Page 368]]

difference between the areas 1990 baseline inventory and the out year 
projection. Additionally, the revision consists of allocating a portion 
of the Columbus area's safety margins to the transportation conformity 
mobile source emissions budget. The mobile source budgets for 
transportation conformity purposes for the Columbus area are now: 67.99 
tons per day of volatile organic compound emissions for the year 2010 
and 70.99 tons per day of oxides of nitrogen emissions for the year 
2010.
    (10) Approval--On April 27, 1998, Ohio submitted a revision to 
remove the air quality triggers from the ozone maintenance plan for the 
Dayton-Springfield, Ohio Area (Miami, Montgomery, Clark, and Greene 
Counties).
    (11) Approval--On March 18, 1999, Ohio submitted a revision to the 
maintenance plan for the Stark County (Canton) area. The revision 
consists of allocating a portion of the Stark County area's safety 
margins to the transportation conformity mobile source emissions 
budgets. The mobile source budgets for transportation conformity 
purposes for the Stark County area are now: 17.34 tons per day of 
volatile organic compound emissions for the year 2005 and 13.00 tons per 
day of oxides of nitrogen emissions for the year 2005.
    (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

[[Page 369]]

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 (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.
    (z) The 15 percent rate-of-progress requirement of section 182(b) of 
the Clean Air Act, as amended in 1990, is satisfied for the Ohio portion 
of the Cincinnati-Hamilton ozone nonattainment area.
    (aa)  [Reserved]
    (bb) Ohio's November 7, 1996, request for a one-year attainment date 
extension for the Ohio portion of the Cincinnati-Hamilton metropolitan 
moderate ozone nonattainment area which consists of Hamilton, Butler, 
Clermont and Warren Counties is approved. The date for attaining the 
ozone standard in these counties is November 15, 1997.
    (cc) Ohio's November 14, 1997, request for a one-year attainment 
date extension for the Ohio portion of the Cincinnati-Hamilton 
metropolitan moderate ozone nonattainment area which consists of 
Hamilton, Butler, Clermont and Warren Counties is approved. The date for 
attaining the ozone standard in these counties is November 15, 1998.

[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

[[Page 370]]

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 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. 52.1890  Removed control measures.

    On the dates listed below, Ohio requested that the indicated control 
measures be removed from the Ohio State Implementation Plan (SIP).
    (a) On February 21, 1997, the State of Ohio requested that the 
following rules and rule paragraphs be removed from the SIP because they 
have been amended or revoked by the State subsequent to their 
incorporation in the SIP: OAC 3745-21-02(C), OAC 3745-21-03(D), OAC 
3745-21-05, OAC 3745-22-01, OAC 3745-22-02, OAC 3745-22-03, OAC 3745-22-
04, OAC 3745-22-05, OAC 3745-22-06, OAC 3745-22-07, OAC 3745-22-08, OAC 
3745-23-03, OAC 3745-23-04, OAC 3745-23-05, and OAC 3745-102-07.
    (b)[Reserved]

[62 FR 47947, Sept. 12, 1997]



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

[[Page 371]]

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]



                          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).)

[[Page 372]]

    (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 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.

[[Page 373]]

    (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 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

[[Page 374]]

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 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

[[Page 375]]

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 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.

[[Page 376]]

    (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 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.

[[Page 377]]

    (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 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) A revision to the Oklahoma SIP to include Oklahoma 
Administrative Code, Chapter 310:200, Subchapter 23, entitled, ``Control 
of Emissions From Cotton Gins,'' submitted by the Governor on May 16, 
1994.
    (i) Incorporation by reference.
    (A) Addition of Oklahoma Administrative Code, Chapter 310:200, 
Subchapter 23, entitled, ``Control of Emissions From Cotton Gins,'' as 
adopted by the Oklahoma Air Quality Council on April 30, 1992, and 
effective June 1, 1993.
    (ii) Additional material--None.
    (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.

[[Page 378]]

    (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, 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

[[Page 379]]

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 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

[[Page 380]]

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.
    (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

[[Page 381]]

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 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.

[[Page 382]]

    (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.
    (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))

[[Page 383]]

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.
    (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

[[Page 384]]

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), 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-

[[Page 385]]

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;
    (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

[[Page 386]]

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 340-25-315, 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.

[[Page 387]]

    (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.
    (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.

[[Page 388]]

    (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 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

[[Page 389]]

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.
    (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

[[Page 390]]

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); -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

[[Page 391]]

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 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.

[[Page 392]]

    (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.
    (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.

[[Page 393]]

    (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.
    (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

[[Page 394]]

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 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

[[Page 395]]

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 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

[[Page 396]]

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 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.
    (114) On November 20, 1995, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a Reasonably Available Control 
Technology Standards (RACT) determination for VOC emissions from the 
Intel Corporation facility in Portland, Oregon.
    (i) Incorporation by reference.

[[Page 397]]

    (A) The letter dated November 20, 1995, from the Director of ODEQ 
submitting a SIP revision for a RACT determination contained in Intel's 
Oregon Title V Operating Permit for VOC emissions, consisting of permit 
#34-2681 expiration date 10-31-99, page 11 of 32 pages, effective date 
September 24, 1993 (State-effective date of the Oregon Title V Program).
    (115) A minor revision consisting of clarification of existing air 
quality control regions and nonattainment and maintenance areas of 
Oregon (the revision did not change any existing boundaries) was 
submitted to EPA from ODEQ for inclusion into the Oregon SIP.
    (i) Incorporation by reference.
    (A) Letter dated September 20, 1995 from the Director of the ODEQ to 
the EPA Regional Administrator submitting a revision to better define 
Oregon's existing air quality boundaries found in State regulations OAR 
340-23-065 through 340-23-075 (Rules for Open Burning), OAR 340-31-120 
(Air Pollution Control Standards for Air Purity and Quality), and OAR 
340-31-500 through 340-31-530 (The Air Quality Control Regions and 
Nonattainment and Maintenance Areas of Oregon), effective May 25, 1995.
    (116) On May 27, 1993, September 27, 1995, and October 8, 1996, the 
Director of ODEQ submitted to the Regional Administrator of EPA 
revisions to its Oregon SIP: the Oregon Administrative Rules (OAR), 
Housekeeping Amendments (Chapter 340, Divisions 21 through 24, 26, 27, 
30, and 34); OAR, Division 22, General Gaseous Emissions (340-22-100, -
130, and -137); and OAR, Divisions 20, 21, 22, 25, 27 and 30).
    (i) Incorporation by reference.
    (A) May 27, 1993, letter from ODEQ to EPA submitting a revision to 
the Oregon Administrative Rules: Housekeeping Amendments, Oregon 
Administrative Rules, Chapter 340, Divisions 21 through 24, 26, 27, 30, 
and 34, State-effective on March 10, 1993.
    (B) September 27, 1995, letter from ODEQ to EPA submitting a 
revision to the Oregon Administrative Rules: Permits and Fees for Stage 
I Vapor Recovery Program, Division 22, General Gaseous Emissions, 
Sections 100, 130, and 137, State-effective on November 2, 1994.
    (C) October 8, 1996, letter from ODEQ to EPA submitting a revision 
to the Oregon Administrative Rules: OAR 340-020-0047 (State-effective on 
September 24, 1996); OAR 340-21-0005, -0015, -0020, -0025, -0030, -0035, 
-0045, -0050, and -0235 (State-effective on January 29, 1996); OAR 340-
022-0102 (State-effective on March 29, 1996), and -0130 (State-effective 
on December 6, 1995); OAR 340-025-0260 and -0265 (State-effective on 
December 6, 1995), -0280 (State-effective on December 6, 1995), -0320 
and -0325 (State-effective on January 29, 1996); OAR -027-0005 (State-
effective on September 24, 1996); OAR 030-0007, -0010 and -0031 (State-
effective on January 29, 1996).
    (117) On November 20, 1996, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted source-specific Reasonably 
Available Control Technology (RACT) determinations to EPA as SIP 
revisions for VOC emissions standards.
    (i) Incorporation by reference.
    (A) Two letters dated November 20, 1995, from Director of the Oregon 
Department of Environmental Quality (ODEQ) submitting SIP revisions for 
RACT determinations for VOC emissions for: Cascade General, Inc., a ship 
repair yard in Portland, Oregon, Permit No. 26-3224 (issued to the Port 
of Portland), dated October 4, 1995; and, White Consolidated, Inc. 
(doing business as Schrock Cabinet Co.), a wood cabinet manufacturing 
facility in Hillsboro, Oregon, Permit No. 34-2060, dated August 1, 1995.
    (118) On October 13, 1989, the Director of the Oregon Department of 
Environmental Quality submitted an amendment to OAR Chapter 340, 
Division 30. On May 28, 1993, the Director of the Oregon Department of 
Environmental Quality submitted amendments to OAR Chapter 340, Division 
14, and Division 31. On November 15, 1993, the Director of the Oregon 
Department of Environmental Quality submitted amendments to OAR Chapter 
340, Division 14, Division 20, and Division 31, and a new Division 28. 
On November 14, 1994, June 1, 1995, October 8, 1996, and January 22, 
1997, the Director of the Oregon Department of Environmental Quality

[[Page 398]]

submitted amendments to OAR Chapter 340, Division 28. On September 27, 
1995, the Director of the Oregon Department of Environmental Quality 
submitted amendments to OAR Chapter 340, Division 31.
    (i) Incorporation by reference.
    (A) OAR 340-14-005, -010, -015, -020, -025, -030, -035, -040, -045, 
and -050, effective March 10, 1993; and OAR 340-14-007, effective 
September 24, 1993.
    (B) OAR 340-28-500, -510, -520, -810, -1030, -1040, -1120, -1130, -
1400, -1450, -1520, -1600, -1700, -1710, and -1920, effective September 
24, 1993; OAR 340-28-100, -200, -300, -700, -800, -820, -900, -1000, -
1020, -1100, -1110, -1140, -1420, -1440, -1500, -1510, -1730, -1740, -
1750, -1760, -1770, -1900, -1940, -1950, -1960, -1970, -1980, -1990, and 
-2000, effective November 4, 1993; OAR 340-28-600, -610, -620, and -640, 
effective January 1, 1994; OAR 340-28-1910 and -2270, effective October 
29, 1994; OAR 340-28-1930, effective May 1, 1995; OAR 340-28-1060, 
effective January 29, 1996; OAR 340-28-1410 and -1430, effective 
September 24, 1996; and OAR 340-28-110, -400, -630, -1010 and -1720, 
effective October 22, 1996.
    (C) OAR 340-30-111, effective September 26, 1989.
    (D) OAR 340-31-010, 340-31-015, 340-31-020, 340-31-025, 340-31-030, 
340-31-040, 340-31-055, 340-31-100, 340-31-115, and 340-31-130, 
effective March 10, 1993; and OAR 340-31-005, OAR 340-31-110, and 340-
31-120, effective July 12, 1995.
    (119) November 15, 1991, and September 20, 1995, letters from the 
Director, Oregon Department of Environmental Quality, to the Region 10 
Regional Administrator, EPA, submitting the PM-10 Klamath Falls, Oregon, 
PM-10 Control Plan and amendments as revisions to its SIP.
    (i) Incorporation by reference.
    (A) State Implementation Plan for PM-10 in Klamath Falls, dated 
October 1991 and revised August 1995; and Appendix 4: Ordinances and 
Commitments, Ordinance No. 6630 (adopted September 16, 1991), and 
Ordinance No. 63 (adopted July 31, 1991)--Chapters 170 and 406.
    (120) The Oregon Department of Environmental Quality (ODEQ) and the 
Washington Department of Ecology (WDOE) submitted Maintenance Plans that 
demonstrate continued attainment of the NAAQS for O3 and 
requested redesignation of the Pdx/Van interstate nonattainment area 
from nonattainment to attainment for O3. The SIP revision 
requests were submitted by the WDOE on June 13, 1996, and by ODEQ on 
August 30, 1996. A number of other O3 supporting revisions 
were included in this submittal, such as: the 1990 O3 
Emission Inventories; changes to the NSR programs; regulations 
implementing the hybrid low enhanced I/M programs; an expanded vehicle 
inspection boundary; minor RACT rule changes (Vancouver only); Employee 
Commute Options rule (Portland only); Voluntary Parking Ratio rule 
(Portland only); PSEL management rules (Portland only); and local area 
source supporting rules.
    (i) Incorporation by reference.
    (A) Ozone Maintenance Plan and Redesignation Request for the 
Portland/Vancouver AQMA (Oregon Portion) effective August 14, 1996.
    (B) Oregon Inspection and Maintenance SIP revision to Section 5.4; 
OAR 340-024-0100, -0300, -0305, -0306, -0307, -0308, -0309, -0312 (with 
the exception of all language in (4) (a) referring to a ``sixth hill 
extrapolation''), -0314 , -0318, -0320, -0325, -0330, -0332, -0335, -
0337, -0340, -0355, -0357, and -0360, State effective on November 26, 
1996.
    (C) New Source Review: OAR 340-020-0047; OAR 340-028-0110, 1900 
through 1940, 1960, 1970, and 2000; OAR 340-030-0111, State effective on 
November 26, 1996.
    (D) Supporting Regulations approved as part of the Ozone non-
attainment redesignation package: OAR 340-022-0400, -0401, -0402, -0403, 
-0700, -0710, -0720, -0730, -0740, -0750, -0760, -0800, -0810, -0820, -
0830, -0840, -0850, -0860, -0900, -0910, -0920, -0930, -0940, -0950, -
1000, -1010, -1020, -1030, -1040, -1050, -1100, -1110, -1120, -1130, 
State effective on 8/14/96; OAR 340-024-0301, State effective on 8/12/
96; OAR 340-030-0700, -0710, -0720, -0730, -0740, -0800, -0810, -0820, -
0830, -0840, -0850, -0860, -0870, -0880, -0890, -0900, -0910, -0920, -
0930, -0940, -0950, -0960, -0970, -0980, -0990, -1000, -1010, -1020, -
1030, -1040, -1050, -1060, -1070, -1080, -1100, -1110, -1120, -1130, -
1140, -1150, -1160, -1170, -1180, -1190, State effective on 8/14/96; and 
OAR 340-

[[Page 399]]

031-0500, -0520, -0530, State effective on 8/19/96.
    (121) On April 7, 1997, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a Reasonably Available Control 
Technology (RACT) determination for VOC emissions from PCC Structurals, 
Inc., Large Parts Campus, at 4600 SE Harney Drive, Portland, Oregon.
    (i) Incorporation by reference.
    (A) The letter dated April 7, 1997, from the Director of ODEQ 
submitting a SIP revision for a RACT determination contained in PCC 
Structurals, Inc.'s Oregon Title V Operating Permit for VOC emissions, 
consisting of permit #26-1867, expiration date 4-1-2000, effective date 
April 4, 1997. Only conditions 19, 20, and 21 in PCC Structurals' 
Addendum No. 2 to permit #26-1867 are incorporated into the SIP.
    (122) On August 30, 1996, the Director of the Oregon Department of 
Environmental Quality submitted to the Regional Administrator of EPA a 
revision to the Carbon Monoxide State Implementation Plan for the 
Portland area containing a Maintenance Plan that demonstrated continued 
attainment of the NAAQS for carbon monoxide through the year 2007.
    (i) Incorporation by reference.
    (A) Letter dated August 30, 1996, from Oregon to EPA requesting the 
redesignation of the Portland carbon monoxide nonattainment area to 
attainment and submitting the Maintenance Plan; Revision to the State 
Implementation Plan: Carbon Monoxide Maintenance Plan and Redesignation 
Request for the Portland Metro Area, adopted July 12, 1996.
    (B) Letter dated April 17, 1997, from Oregon to EPA submitting 
replacement pages to the Maintenance Plan and appendices.
    (ii) Additional material.
    (A) Appendices to the Maintenance Plan and Redesignation Request for 
Portland (Metro) Area--State Implementation Plan Revision for Carbon 
Monoxide, dated July 12, 1996: Appendix D2-1 (Volume 3), CO Air 
Monitoring Network; Appendix D2-2 (Volume 3), Meteorological Analysis; 
Appendix D2-3 (Volume 3), Review of Bag Study Results Which Demonstrates 
The DEQ Network of Sites Records Higher CO Concentrations Than Screened 
Intersections; Appendix D2-4 (Volume 3), Emission Inventory and Forecast 
Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-1 (Volume 3), 
Base Year (1990) Emission Inventory Portland (Metro) Area (Carbon 
Monoxide); Appendix D2-4-2 (Volume 3), Attainment Year (1991) Emission 
Inventory Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-3 
(Volume 3), Regional Emission Forecast Portland (Metro) Area; Appendix 
D2-4-4 (Volume 3), Subregional Emission Inventories and Forecast 
Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-5 (Volume 3), 
Metro Model Assumptions, Link-Based Emissions Calculation Methodology, 
and Travel Demand Forecasting Model Summary; Appendix D2-5 (Volume 3), 
Conformity Process; Appendix D2-6 (Volume 3), Historical and Projected 
Population and Households; Appendix D2-7 (Volume 3), Metro Council 
Resolution Concerning Portland CO Maintenance Plan, Emission Budgets, 
and Contingency Plan; Appendix D2-8 (Volume 3), CCTMP Zoning Codes 
Incorporated Into the Portland Carbon Monoxide Maintenance Plan; 
Appendix D2-9 (Volume 3), Motor Vehicle Inspection Program Changes; 
Appendix D2-10 (Volume 3), Land-Use Measures and TCM Substitution; 
Appendix D2-11 (Volume 3), New Source Review Program Changes; Appendix 
D2-12 (Volume 3), Rollforward Analysis; Appendix D2-13 (Volume 3), CCTMP 
Zoning Codes Used as Supporting Documentation in the Portland Carbon 
Monoxide Maintenance Plan; Appendix D2-14 (Volume 3), Miscellaneous 
Oregon Administrative Rule Amendments--Supporting Rules, OAR Chapter 
340, Section 340-020-0047 (State of Oregon Clean Air Act Implementation 
Plan); and Sections 340-031-0520 and 340-031-0530 (Maintenance Area 
Designation).
    (123) On May 22, 1997, ODEQ submitted changes to the definition of 
Volatile Organic Compounds (VOC) in the Oregon Administrative Rules 
(OAR) consistent with changes made in the federal definition and 
delisted certain compounds no longer considered VOCs under the new 
definition. On November 13, 1997, ODEQ submitted changes in the OAR that 
increased Air

[[Page 400]]

Contaminant Discharge Permit Fees for stationary sources to recover 
costs of operating the state permit program.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rules 340-022-0102(73) and 340-028-
0110(129), effective May 9, 1997; Oregon Administrative Rule 340-028-
1750, effective August 27, 1997.
    (124) On October 30, 1997 the director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a source specific Reasonable 
Available Control Technology (RACT) determination as a SIP revision for 
VOC emissions and standards.
    (i) Incorporation by reference.
    (A) Letter dated October 30, 1997 from the Director of ODEQ 
submitting a SIP revision for Dura Industries, Inc., an architectural 
surface coating operation in Portland, Oregon--permit 26-3112 dated 
September 14, 1995.
    (125) On June 1, 1995 and January 22, 1997, the Director of ODEQ 
submitted to the Regional Administrator of EPA new sections to Division 
30 and revisions to Divisions 20, 21, 22, 25, and 30.
    (i) Incorporation by reference.
    (A) OAR-340-020-0047; OAR-340-022-0170; OAR-340-022-0840; OAR-340-
022-0930; OAR-340-022-0055; OAR-340-028-0110; OAR-340-028-0400; OAR-340-
028-0630; OAR-340-028-1010; OAR-340-028-1720; OAR-340-030-0015; OAR-340-
030-0044; OAR-340-030-0050; OAR-340-030-0055; OAR-340-030-0320; OAR-340-
030-0330: These rules were all state adopted on October 11, 1996.
    (126) On August 31, 1995, and October 8, 1996, the Director of ODEQ 
submitted to the Regional Administrator of EPA revisions to its Oregon 
SIP: the Oregon Administrative Rules (OAR) Chapter 340, Division 25, 
Specific Industrial Standards (OAR 340-25-305, 320 and 325).
    (i) Incorporation by reference.
    (A) August 31, 1995, letter from ODEQ to EPA submitting a revision 
to the Oregon Administrative Rules (OAR); OAR 340-25-305, State 
effective on February 17, 1995.
    (B) October 8, 1996, letter from ODEQ to EPA submitting a revision 
to the Oregon Administrative Rules (OAR); OAR 340-25-320 and OAR 340-25-
325, State effective on January 29, 1996.
    (127) December 9, 1996, letter from the Director, Oregon Department 
of Environmental Quality, to the Region 10 Regional Administrator, EPA, 
submitting the Attainment Plan for the Oakridge, Oregon PM-10 
nonattainment area as a revision to its SIP.
    (i) Incorporation by reference.
    (A) State Implementation Plan for PM-10 in Oakridge, dated August 
1996, and Appendices XII, XIII and XIV.
    (ii) Additional Material: Appendix I through VI and VIII through XI 
of the State Implementation Plan for PM-10 in Oakridge dated August 
1996.

[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.



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]



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

[[Page 401]]

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)
    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)

[[Page 402]]

    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)
    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)

[[Page 403]]

    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)
    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)

[[Page 404]]

    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)
    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)

[[Page 405]]

   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)
    Sec. 215 Home Seller's Responsibility to Disclose (11-13-91)

[[Page 406]]

          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)
    38-035 Requirements for Net Air Quality Benefit for Major Sources 
and Major Modifications (2-13-90)

[[Page 407]]

    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)

                     Medford-Ashland AQMA (App. B4)

Legal Description of the Medford-Ashland AQMA (App. B4-1)

[[Page 408]]

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 in OAR Chapter 
340, Division 28, as effective on October 22, 1996, and OAR Chapter 340, 
Division 31, as effective on July 12, 1995, 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, as amended at 62 FR 10462, Mar. 7, 1997]



Sec. 52.1988   Air contaminant discharge permits.

    (a) Emission limitations and other provisions contained in Air 
Contaminant Discharge Permits and Federal Operating Permits issued by 
the State in accordance with the provisions of the OAR Chapter 340, 
Division 28, Stationary Source Air Pollution Control and Permitting 
Procedures incorporated by reference in Sec. 52.1970, except for 
compliance schedules under OAR 340- 28-700 and alternative emission

[[Page 409]]

limits (bubbles) under OAR 340-28-1030 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.
    (b) Emission limitations and other provisions contained in Air 
Contaminant Discharge Permits and Federal Operating Permits issued by 
the Lane Regional Air Pollution Authority in accordance with the 
provisions of the federally-approved Air Contaminant Discharge Permits 
rules (Title 34) and Plant Site Emission Limit rules (Title 32, Section 
32-100 through -104) and in conjunction with provisions of the OAR 
Chapter 340, Division 28, Stationary Source Air Pollution Control and 
Permitting Procedures incorporated by reference in Section 52.1970, 
except for compliance schedules under Title 15, Section 020, or Title 
34, Section 050, and alternative emission limits (bubbles) under Title 
32, Section 32-103, 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.

[62 FR 10462, Mar. 7, 1997]



                        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.

[[Page 410]]

    (15) A revision submitted by the Commonwealth of Pennsylvania on 
August 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

[[Page 411]]

on the calculation of emission estimates and the status of certain 
transportation measures.
    (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.

[[Page 412]]

    (49) Group IIVOC regulations, a revision of the Air Episode 
Regulations, 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

[[Page 413]]

and Maintenance Program submitted by the Secretary of the Pennsylvania 
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.

[[Page 414]]

    (A) Letter from the Pennsylvania Department of Environmental 
Resources 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.
    (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) 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.

[[Page 415]]

    (ii) Additional materials. (A) Remainder of the May 23, 1988 State 
submittal.
    (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.

[[Page 416]]

    (B) A revision to Section I--Definitions--for the term Volatile 
Organic 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,

[[Page 417]]

a wood furniture surface coater located 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.

[[Page 418]]

    (A) Remainder of the November 8, 1988 submittal pertaining to the 
Allegheny County portion of the Pennsylvania SIP to adopt the PM-10 
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.

[[Page 419]]

    (8) Part H (sections 2108 et seq.), Compliance, reserved.
    (9) Part I (sections 2109 et seq.), Enforcement, reserved.
    (ii) Additional material.
    (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):

[[Page 420]]

    (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) 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) Revisions to Article XX (Air Pollution Control) of the 
Allegheny County Health Department Rules and Regulations submitted on 
September 25, 1989 by the Pennsylvania Department of Environmental 
Resources:
    (i) Incorporation by reference.
    (A) Letter of September 25, 1989 from the Pennsylvania Department of 
Environmental Resources transmitting revisions to Article XX (Air 
Pollution Control) of the Allegheny County Health Department Rules and 
Regulations governing visible emissions.
    (B) Revision to Article XX, Section 401.B (Visible Emissions-
Exclusion) and deletion of Article XX, Section 518 (Blast Furnace 
Slips), effective July 1, 1989.
    (ii) Additional material.

[[Page 421]]

    (A) Remainder of September 25, 1989 State submittal pertaining to 
Article XX, Sections 401 and 518.
    (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 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.

[[Page 422]]

    (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 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.

[[Page 423]]

    (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 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

[[Page 424]]

(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, 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) Revisions to the Pennsylvania Regulations, Chapter 127 by the 
Pennsylvania Department of Environmental Protection
    (i) Incorporation by reference.
    (A) Letter of February 4, 1994 from the Pennsylvania Department of 
Environmental Protection transmitting revisions to the New Source Review 
Provisions.
    (B) Revisions to the following Pennsylvania Department of 
Environmental Quality Regulations, effective January 15, 1994:
    (1) Addition of Chapter 127, Subchapter E, New Source Review, 
Sections 127.201 through 127.217 inclusive, effective January 15, 1994.
    (2) Deletion of Chapter 127, Subchapter C, Sections 127.61 through 
127.73.
    (ii) Additional materials consisting of the remainder of the 
February 4, 1994 State submittal pertaining to Chapter 127, Subchapter 
E.
    (108) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining

[[Page 425]]

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 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

[[Page 426]]

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.
    (109)  [Reserved]
    (110) Revisions to the Operating Permit, Plan Approval and Sampling 
and Testing Program Regulations submitted on May 18, 1995 by the 
Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of May 15, 1995 from the Pennsylvania Department of 
Environmental Resources transmitting Pennsylvania's Title V operating 
permit, plan approval, and State operating permit programs.
    (B) Revisions to the definition of ``Potential to emit'' and 
addition of the following definitions in Title 25, Chapter 121, Section 
121.1, effective on November 26, 1994: ``Air pollution'', ``Applicable 
requirements'', ``Compliance docket'', ``Compliance review form'', 
``Deviation'', ``Documented conduct'', ``Federally enforceable emissions 
cap'', ``General plan approval'', ``General operating permit'', ``Minor 
operating permit modification'', ``Performance standard'', ``Related 
party'', ``Renewal'', ``Research and development facility'', 
``Responsible official'', ``Title V facility'', ``Title V permit'', and 
``Title V regulated air pollutant.''
    (C) The following amendments to Title 25, Chapter 127, effective on 
November 26, 1994: Sec. 127.1, 127.3, 127.11 through 127.14, 127.25, 
127.32, 127.35, 127.36, 127.44, 127.45, 127.47, 127.49 through 127.51, 
127.401 through 127.404, 127.411 through 127.414, 127.421 through 
127.431, 127.441 through 127.450, 127.461 through 127.464, 127.701 
through 127.703, and 127.707.
    (D) The following amendments to Title 25, Chapter 139, effective on 
November 26, 1994: Sec. 139.4, 139.5, 139.12, 139.13, 139.14, 139.32, 
139.101 through 139.104, and 139.108.
    (ii) Additional material.
    (A) Remainder of May 18, 1995 State submittal.
    (111) Revisions to the Operating Permit and Plan Approval 
Regulations to add Subchapter H, ``General Plan Approvals and Operating 
Permits'', submitted on May 18, 1995 by the Pennsylvania Department of 
Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of May 15, 1995 from the Pennsylvania Department of 
Environmental Resources transmitting Pennsylvania's general plan 
approval and general operating permit programs.
    (B) The following amendments to Title 25, Chapter 127, effective on 
November 26, 1994: Sec. 127.601, 127.611, 127.612, 127.621, and 127.622.
    (ii) Additional material.
    (A) Remainder of Pennsylvania's May 18, 1995 submittal.
    (112) Revisions to the Pennsylvania Regulations--Philadelphia Lead 
Implementation Plan--submitted on September 30, 1994, by the 
Commonwealth of Pennsylvania:
    (i) Incorporation by reference.
    (A) Letter of September 30, 1994 from the Pennsylvania Department of 
Environmental Resources transmitting a revision to the Philadelphia 
portion of the Pennsylvania State Implementation Plan for lead.
    (B) Licenses to operate (permits) effective September 21, 1994, for:
    (1) Franklin Smelting and Refining Corporation;

[[Page 427]]

    (2) MDC Industries, Inc.; and
    (3) Anzon, Inc.
    (ii) Additional information. Remainder of September 30, 1994 
submittal.
    (113) Revisions to the Pennsylvania Regulations, Chapter 129.93 
pertaining to VOC and NOX RACT, submitted on August 1, 1995, 
December 8, 1995, June 10, 1996, and September 13, 1996, by the 
Pennsylvania Department of Environmental Resources (now known as the 
Pennsylvania Department of Environmental Protection):
    (i) Incorporation by reference.
    (A) Four letters, dated August 1, 1995, December 8, 1995, June 10, 
1996, and September 13, 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 for Caparo Steel Company (Mercer 
Co.)--steel mill, Sharon Steel Company (Mercer Co.)--steel mill, and 
Pennsylvania Electric Company (Penelec)--Williamsburg Station (Blair 
Co.)--utility.
    (B) Plan approval (PA) and Operating permit (OP):
    (1) Caparo Steel Company--OP 43-285, effective November 3, 1995, 
except condition #9 pertaining to non-NOX and non-VOC 
pollutants.
    (2) Sharon Steel Company--PA 43-017, effective November 3, 1995, 
except condition #9 pertaining to non-NOX and non-VOC 
pollutants.
    (ii) Additional material.
    (A) Remainder of August 1, 1995, December 8, 1995, June 10, 1996, 
and September 13, 1996, State submittals pertaining to Caparo Steel 
Company, Sharon Steel Company, and Pennsylvania Electric Company 
(Penelec)--Williamsburg Station.
    (114) Revisions to the Pennsylvania Regulations Chapter 129.91 
through 129.95 pertaining to VOC and NOX RACT, submitted on 
August 1, 1995, September 20, 1995, December 8, 1995 and September 13, 
1996 by the Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Four letters dated August 1, 1995, September 20, 1995, December 
8, 1995 and September 13, 1996 from the Pennsylvania Department of 
Environmental Protection transmitting three source-specific RACT 
determinations; two of which involve operating permits and one 
(Mercersburg Tanning Company) which does not involve any type of permit. 
The three sources are:
    (1) DMi Furniture, Inc. (Adams County)--wood furniture manufacturer.
    (2) R. R. Donnelley & Sons Company, West Plant (Lancaster County)--
printing facility.
    (3) Mercersburg Tanning Company (Franklin County)--leather coating 
facility.
    (B) Operating Permits (OP):
    (1) DMi Furniture, Inc.--OP #01-2001, effective June 13, 1995, 
except for the expiration date of the operating permit.
    (2) R.R. Donnelley & Sons Company, West Plant--OP #36-2026, 
effective July 14, 1995, except for the expiration date of the operating 
permit and the parts of conditions 5, 9b & 20 pertaining to Hazardous 
Air Pollutants (HAP's).
    (ii) Additional material.
    (A) Remainder of August 1, 1995, September 20, 1995, December 8, 
1995 and September 13, 1996 State submittals pertaining to DMi 
Furniture, Inc, R. R. Donnelley & Sons--West Plant, and Mercersburg 
Tanning Company.
    (115) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on January 6, 1995 
by the Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) One letter dated January 6, 1995 from 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 International Paper Company--Hammermill Papers 
Division--Lockhaven.
    (B) Operating permit (OP):
    (1) International Paper Company--Hammermill Papers Division--
Lockhaven--OP 18-0005, effective December 27, 1994, except the 
expiration date of the operating permit.
    (116)  [Reserved]
    (117) Revisions to the Pennsylvania Regulations Chapter 129.91 
through 129.95 pertaining to VOC and NOX RACT, submitted on 
August 1, 1995

[[Page 428]]

(amended March 20, 1997), June 10, 1996, and September 13, 1996 by the 
Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Three letters dated August 1, 1995, June 10, 1996, and September 
13, 1996 from the Pennsylvania Department of Environmental Protection 
transmitting three source-specific RACT determinations; two of which 
involve plan approvals and one which involves an operating permit. One 
letter dated March 20, 1997 amending the August 1, 1995 submittal 
pertaining to NOX RACT for AT&T Corporation. The three 
sources are:
    (1) AT&T Corporation (Berks County)--electronics components 
manufacturer.
    (2) Garden State Tanning, Inc. (Berks County)--leather coating 
facility.
    (3) The Glidden Company (Berks County)--paint manufacturing 
facility.
    (B) Plan Approvals (PA), Operating Permits (OP):
    (1) AT&T Corporation--PA #06-1003, effective June 26, 1995, except 
for the expiration date of the plan approval, all conditions pertaining 
to NOX RACT determination, and conditions 18d & 18e 
pertaining to temporary operation regarding compliance extension and 
expiration date of the plan approval.
    (2) Garden State Tanning, Inc.--PA #06-1014, effective June 21, 
1995, except for the expiration date of the plan approval, conditions 
20, 21, 24, and 25 pertaining to visual/malodorous emissions, sulfur 
content, and water flow rates, and conditions 27d & 27e pertaining to 
temporary operation regarding compliance extension and expiration date 
of the plan approval.
    (3) The Glidden Company--OP #06-1035, effective February 15, 1996, 
except for the expiration date of the operating permit, conditions 13, 
14, and 16, pertaining to operating permit renewal, sulfur content, and 
visual/malodorous emissions.
    (ii) Additional material.
    (A) Remainder of August 1, 1995 (amended March 20, 1997), June 10, 
1996 and September 13, 1996 State submittals pertaining to AT&T 
Corporation, Garden State Tanning, Inc., and The Glidden Company.
    (118) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on March 27, 1995, 
November 15, 1995 and May 2, 1996 by the Pennsylvania Department of 
Environmental Resources (now know as the Pennsylvania Department of 
Environmental Protection):
    (i) Incorporation by reference.
    (A) Four letters, dated March 27, 1995, November 15, 1995, May 2, 
1996 and September 13, 1996, from the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations in the form of plan approvals, 
operating permits or a compliance permit for the following sources:
    (1) Maier's Bakery, Inc. (Reading Plant, Berks County)--bakery;
    (2) Morgan Corporation (Morgantown Plant, Berks County)--heavy duty 
truck manufacturer;
    (3) Allentown Cement Company (Maidencreek Township, Berks County)--
cement manufacturer;
    (4) Quaker Maid (Ontelaunee Township, Berks County)--manufacturer of 
kitchen cabinets;
    (5) Brentwood Industries, Inc. (Reading, Berks County)--manufacturer 
of plastic products;
    (6) Metropolitan Edison Company (Cumru Township, Berks County)--
electric generation station;
    (7) ICI Fluoropolymers (Caln Township, Chester County)--manufacturer 
of free flow polytetrafluoro-ethylene (PTFE);
    (8) Synthetic Thread Company (City of Bethlehem, Lehigh County)--
manufacturer of coated nylon and polyester thread; and
    (9) Bird-In-Hand Woodworks, Inc. (East Hempfield Township, Lancaster 
County)--manufacturer of wood furniture for children.
    (B) Plan approvals (PA), Operating Permits (OP) and a Compliance 
Permit:
    (1) Maier's Bakery, Inc.--PA 06-1023, effective September 20, 1995, 
except for the expiration date of the plan approval.
    (2) Morgan Corporation--OP 06-1025, effective August 31, 1995, 
except the expiration date of the operating permit.

[[Page 429]]

    (3) Allentown Cement Company, Inc.--PA 06-1002, effective October 
11, 1995, except for conditions #17, #20, #21 and #30 pertaining to non-
NOX and non-VOC pollutants and the expiration date of the 
plan approval.
    (4) Quaker Maid--OP 06-1028, effective October 27, 1995, except the 
expiration date of the operating permit.
    (5) Brentwood Industries, Inc.--PA 06-1006, effective February 12, 
1996, except for the expiration date of the plan approval.
    (6) Metropolitan Edison Company--PA 06-1024, effective March 9, 
1995, except the expiration date of the plan approval and condition #13 
pertaining to non-NOX and non-VOC pollutant.
    (7) ICI Fluoropolymers --PA 15-0009 and CP 15-0009, effective 
October 3, 1995, except the expiration date of the plan approval and the 
compliance permit.
    (8) Synthetic Thread Company--PA 39-0007A, effective August 10, 
1995, except the expiration date of the plan approval.
    (9) Bird-In-Hand Woodworks, Inc.--OP 36-2022, effective September 
27, 1995, except for the expiration date of the operating permit.
    (ii) Additional material.
    (A) Remainder of March 27, 1995, November 15, 1995 and May 2, 1996 
State submittals.
    (119) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on January 10, 1996 
and September 13, 1996 by the Pennsylvania Department of Environmental 
Resources (now known as the Pennsylvania Department of Environmental 
Protection):
    (i) Incorporation by reference.
    (A) Two letters submitted by the Pennsylvania Department of 
Environmental Resources (now, the Pennsylvania Department of 
Environmental Protection) transmitting source-specific VOC and/or 
NOX RACT determinations in the form of operating permits on 
the following dates: January 10, 1996 and September 13, 1996.
    (B) Operating permits (OP):
    (1) Heinz Pet Products, Columbia County, OP-19-0003, effective 
November 27, 1995, except for the expiration date of the operating 
permit and conditions No. 15 through No. 24 pertaining to non-VOC and 
non-NOX pollutants.
    (2) Graco Children's Products, Inc., Chester County, OP-15-0006, 
effective November 30, 1995, except for the expiration date of the 
operating permit.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's January 10, 1996 
and September 13, 1996 submittals.
    (120) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on January 21, 
1997, January 28, 1997, and May 31, 1995 by the Pennsylvania Department 
of Environmental Resources (now known as the Pennsylvania Department of 
Environmental Protection):
    (i) Incorporation by reference.
    (A) Four letters, dated January 21, 1997, January 28, 1997, May 31, 
1995 and September 13, 1996, from the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations in the form of operating permits, a 
plan approval and a compliance permit for the following sources:
    (1) Texas Eastern Transmission Corporation (Bernville, Berks 
County)--natural gas compressor station;
    (2) Texas Eastern Transmission Corporation (Bechtelsville, Berks 
County)--natural gas compressor;
    (3) Carpenter Technology Corporation (Reading/Muhlenberg Township, 
Berks County)--steel manufacturer; and
    (4) North American Fluoropolymers Company (Ontelanunee, Berks 
County)--manufacturer of teflon crumbs.
    (B) Operating Permits (OP), Plan Approval (PA) and Compliance Permit 
(CP):
    (1) Texas Eastern Transmission Corporation (Bernville)--(OP-06-1033) 
effective January 31, 1997, except for the expiration date of the 
operating permit.
    (2) Texas Eastern Transmission Corporation (Bechtelsville)--(OP-06-
1034) effective January 31, 1997, except for the expiration date of the 
operating permit.
    (3) Carpenter Technology Corporation--(OP-06-1007), effective 
September 27, 1996, except for those portions of conditions Nos. 28 
through 41 and Nos.

[[Page 430]]

43 through 54 pertaining to non-VOC and non-NOX pollutants 
and the expiration date of the operating permit.
    (4) North American Fluoropolymers Company--(PA-06-1026) and (CP-06-
1026), effective April 19, 1995, except for the expiration dates of the 
plan approval and the compliance permit.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's January 21, 
1997, January 27, 1997, and May 31, 1995 submittals.
    (B) Additional material submitted by Pennsylvania: Letter dated 
March 25, 1997 from Mr. James Salvaggio, Director, Bureau of Air Quality 
Control, Pennsylvania Department of Environmental Resources to Mr. 
Thomas Maslany, Director, Air, Radiation and Toxics Division, EPA Region 
III providing clarifying information related to the Carpenter Technology 
Corporation operating permit and the North American Fluoropolymers 
Company plan approval.
    (121) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on December 8, 
1995, February 20, 1996, March 21, 1996, April 16, 1996, and September 
13, 1996 by the Pennsylvania Department of Environmental Resources (now 
known as the Pennsylvania Department of Environmental Protection):
    (i) Incorporation by reference.
    (A) Five letters submitted by the Pennsylvania Department of 
Environmental Resources (now, the Pennsylvania Department of 
Environmental Protection) transmitting source-specific VOC and/or 
NOX RACT determinations in the form of plan approvals or 
operating permits on the following dates: December 8, 1995, February 20, 
1996, March 21, 1996, April 16, 1996, and September 13, 1996.
    (B) Plan approvals (PA), Operating permits (OP), Compliance permits 
(CP):
    (1) CNG Transmission Corporation--Ellisburg, Potter County, OP-53-
0004, effective February 29, 1996, except for the expiration date of the 
operating permit; PA-53-0004A effective February 29, 1996, except for 
the expiration date of the plan approval; and CP-53-0004A except for the 
expiration date, except for item #6 regarding future compliance 
extensions.
    (2) CNG Transmission Corporation--Greenlick Compressor Station, 
Potter County, PA-53-0003A, effective December 18, 1995, except for the 
plan approval expiration date, except for the portion of item #3 
regarding carbon monoxide (CO) emissions increases, except the portion 
of item #4 regarding CO emission limitations; OP-53-0003, effective 
December 18, 1995 except for the operating permit expiration date; and 
CP-53-0003A, except for the expiration date of the compliance permit, 
except for item #6 regarding future compliance extensions.
    (3) CNG Transmission Corporation--Crayne Station, Greene County, OP 
30-000-089, effective December 22, 1995 except for the expiration date 
of the operating permit, except for the portion of item #4 regarding CO 
emission limitations, except for item #9 regarding emission limitation 
revisions.
    (4) CNG Transmission Corporation--State Line Station, Potter County, 
OP-53-0008, effective January 10, 1996 except for the expiration date of 
the operating permit, except for the portions of item #22 regarding CO 
emission limitations.
    (5) CNG Transmission Corporation--Big Run, Jefferson County, PA 33-
147, effective June 27, 1995, except for item #9 regarding emission 
limitation revisions.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's December 8, 
1995, February 20, 1996, March 21, 1996, April 16, 1996, and September 
13, 1996 submittals pertaining to the RACT determinations for the five 
sources listed in (i) above.
    (122) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on August 1, 1995, 
December 8, 1995, and September 13, 1996 by the Pennsylvania Department 
of Environmental Resources (now known as the Pennsylvania Department of 
Environmental Protection):
    (i) Incorporation by reference.
    (A) Three letters submitted by the Pennsylvania Department of 
Environmental Resources (now, the Pennsylvania Department of 
Environmental

[[Page 431]]

Protection) transmitting source-specific VOC and/or NOX RACT 
determinations in the form of operating permits on the following dates: 
August 1, 1995, December 8, 1995, and September 13, 1996.
    (B) Operating Permits (OP):
    (1) Medusa Cement Company, Lawrence County--OP 37-013, effective 
July 27, 1995, except for item No. 9 relating to future emission 
limitations.
    (2) Keystone Cement Company, Northampton County--OP 48-0003, 
effective May 25, 1995, except for the expiration date and item No. 7 
relating to future emission limitations.
    (3) Lehigh Portland Cement Company, York County--OP 67-2024, 
effective May 26, 1995, except for the expiration date and item No. 7 
relating to future emission limitations.
    (4) Mercer Lime and Stone Company, Butler County--OP 10-023, 
effective May 31, 1995, except for item No. 6 relating to future 
emission limitations.
    (5) Con-Lime, Inc., Centre County--OP 14-0001, effective June 30, 
1995, except for the expiration date and item No. 8 relating to future 
emission limitations and items (or portions thereof) Nos. 17, 18, 20, 
22, 24, 25, and 26 relating to non-VOC or non-NOX provisions.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's August 1, 1995, 
December 8, 1995, and September 13, 1996 submittals.
    (123) The ten-year ozone maintenance plan for the Reading, 
Pennsylvania area (Berks County) submitted by the Pennsylvania 
Department of Environmental Protection on January 28, 1997:
    (i) Incorporation by reference.
    (A) Letter of January 28, 1997 from the Pennsylvania Department of 
Environmental Protection transmitting the ten-year ozone maintenance 
plan and 1990 base year emission inventories for the Reading area.
    (B) The ten-year ozone maintenance plan for the Reading area, 
including emission projections, control measures to maintain attainment 
and contingency measures, adopted on February 3, 1997.
    (ii) Additional material.
    (A) Remainder of January 28, 1997 Commonwealth submittal pertaining 
to the maintenance plan for the Reading area.
    (124) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on December 8, 1995 
by the Pennsylvania Department of Environmental Resources (now known as 
the Pennsylvania Department of Environmental Protection):
    (i) Incorporation by reference.
    (A) Two letters, dated December 8, 1995 and September 13, 1996, from 
the Pennsylvania Department of Environmental Protection transmitting 
source-specific VOC and/or NOX RACT determinations in the 
form of one plan approval for the following source: Pennzoil Products 
Company (Rouseville, Venango County)--petroleum refinery.
    (B) Plan Approval (PA):
    (1) Pennzoil Products Company (Rouseville)--(PA-61-016) effective 
September 8, 1995, except for condition Nos. 9 pertaining to non-VOC and 
non-NOX pollutants and expiration date of the plan approval.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's December 8, 1995 
submittal.
    (B) Additional material submitted by Pennsylvania dated May 23, 
1997, providing clarifying information related to Pennzoil Products 
Company plan approval.
    (125) Revisions to the Pennsylvania Regulations Chapter 129.91 
through 129.95 pertaining to VOC and NOX RACT, submitted on 
September 20, 1995 (amended April 16, 1997), August 15, 1996, and 
September 13, 1996 by the Pennsylvania Department of Environmental 
Protection:
    (i) Incorporation by reference.
    (A) Three letters dated September 20, 1995, August 15, 1996, and 
September 13, 1996 from the Pennsylvania Department of Environmental 
Protection transmitting one source-specific RACT determination and 1990 
baseyear VOC emissions inventory change for R.R. Donnelley & Sons 
Company (East Plant). One letter dated April 16, 1997 amending the 
September 20, 1995 submittal. The source is R.R. Donnelley & Sons 
Company, East Plant (Lancaster County)--printing facility.

[[Page 432]]

    (B) Operating Permits (OP):
    (1) R.R. Donnelley & Sons Company, East Plant--OP #36-2027, 
effective July 14, 1995, except for the expiration date of the operating 
permit, all conditions pertaining to NOX RACT determination, 
and the parts of conditions 8, 12b & 23 pertaining to Hazardous Air 
Pollutants (HAP's).
    (ii) Additional Material. Remainder of September 20, 1995, August 
15, 1996, and September 13, 1996 State submittals pertaining to R.R. 
Donnelley & Sons--East Plant.
    (126) Revisions to the Pennsylvania State Implementation Plan on 
June 12, 1997 by the Pennsylvania Department of Environmental 
Protection.
    (i) Incorporation by reference.
    (A) A letter of June 12, 1997 from the Pennsylvania Department of 
Environmental Protection transmitting the General Conformity Rule.
    (B) 25 Pa. Code Chapter 127, Secs. 127.801 and 127.802--General 
Conformity Rule, effective November 9, 1996.
    (ii) Additional material from the Pennsylvania's June 12, 1997 
submittal pertaining to 25 Pa. Code Chapter 127.
    (127) Revisions to the Pennsylvania Regulations, Chapter 121.1--
Definitions, submitted on February 4, 1994 by the Pennsylvania 
Department of Environmental Protection (formerly Pennsylvania Department 
of Environmental Resources) and effective on January 15, 1994.
    (i) Incorporation by reference.
    (A) Letter dated February 4, 1994 from the Pennsylvania Department 
of Environmental Protection transmitting the definitions in Chapter 121 
relating to the Pennsylvania VOC and NOx RACT regulation (Chapter 129.91 
through 129.95) and new source review regulation (Chapter 127).
    (B) Title 25 Pennsylvania Code, Chapter 121.1--definitions, 
effective January 15, 1994.
    (128) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to NOX RACT, submitted on September 13, 1996 and 
January 21, 1997 by the Pennsylvania Department of Environmental 
Resources (now known as the Pennsylvania Department of Environmental 
Protection).
    (i) Incorporation by reference.
    (A) Two letters submitted by the Pennsylvania Department of 
Environmental Resources (now, the Pennsylvania Department of 
Environmental Protection) transmitting source-specific NOX 
RACT determinations in the form of an operating permit on the following 
dates: September 13, 1996 and January 21, 1997.
    (B) Operating permit (OP). Panther Creek Energy Facility, Carbon 
County, OP  13-0003, effective date of December 2, 1996, except for 
condition  7 pertaining to particulate, PM-10, SO2, CO and VOC emission 
limits, condition  10 pertaining to particulate emissions, condition  
11 pertaining to opacity, condition  12 pertaining to the Standards of 
Performance for New Stationary Sources and the expiration date.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's September 13, 
1996 and January 21, 1997 submittals.
    (129) Limited approval of revisions to the Pennsylvania Regulations, 
Chapter 129.91 through 129.95, pertaining to VOC and NOX RACT 
submitted on February 4, 1994 by the Pennsylvania Department of 
Environmental Resources (now known as the Pennsylvania Department of 
Environmental Protection):
    (i) Incorporation by reference.
    (A) Letter of February 4, 1994 from the Pennsylvania Department of 
Enviromental Resources transmitting Pennsylvania VOC and NOX 
RACT regulations, Chapter 129.91 through 129.95.
    (B) Pennsylvania Reasonably Available Control Technology 
Requirements for Major Stationary Sources of Volatile Organic Compounds 
and Oxides of Nitrogen regulation, Chapter 129.91 through 129.95, 
effective on January 15, 1994, except for Chapter 129.93(b)(4).
    (C) Letter of May 3, 1994 from the Pennsylvania Department of 
Environmental Resources amending the Pennsylvania regulation, Chapter 
129.93 (b)(4).
    (D) Pennsylvania Reasonably Available Control Technology 
Requirements for Major Stationary Sources of Volatile Organic Compounds 
and Oxides of Nitrogen regulation, Chapter 129.93 (b)(4), effective 
April 23, 1994.

[[Page 433]]

    (E) Letter for September 18, 1995 from the Pennsylvania Department 
of Environmental Protection amending Pennsylvania's February 4, 1994 
submittal to EPA by withdrawing Chapter 129.93(c)(6) and (7) from EPA 
consideration.
    (ii) Additional material.
    (A) Remainder of February 4, 1994 State submittal.
    (B) Letter of September 23, 1996 from Pennsylvania Department of 
Environmental Protection agreeing to meet certain conditions by no later 
than 12 months after the publication of the final conditional 
rulemaking. These conditions are:
    (1) Pennsylvania certify that it has submitted case-by-case RACT 
proposals for all sources subject to the RACT requirements (including 
those subject to 25 Pa. Code section 129.93(b)(1)) currently known to 
PADEP; or
    (2) Demonstrate that the emissions from any remaining subject 
sources represent a de minimis level of emissions, as defined in the 
final rulemaking.
    (130) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on December 31, 
1997 by the Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) A December 31, 1997 letter submitted by the Pennsylvania 
Department of Environmental Protection transmitting source-specific VOC 
and/or NOX RACT determinations in the form of operating and 
compliance permits.
    (B) Operating permits (OP), compliance permits (CP):
    (1) Allegro MicroSystems W.G., Inc. (Montgomery County)--OP 46-0006, 
effective December 19, 1997, except for the expiration date and items 
Nos. 9, 13 and 14(D) relating to non-RACT provisions.
    (2) Hale Products, Inc. (Montgomery County)--OP 46-0057, effective 
November 21, 1997, except for the expiration date.
    (3) Con-Lime, Inc. (Centre County)--OP 14-0001, effective January 7, 
1998, except for the expiration date and items (or portions thereof) 
Nos. 8, 9, 17, 18, 19, 20, 21, 22, 24, 25, and 28 relating to non-RACT 
provisions.
    (4) Coastal Aluminum Rolling Mills, Inc. (Lycoming County)--OP 41-
0007, effective November 21, 1997, except for the expiration date and 
items (or portions thereof) Nos. 9, 20, and 28 relating to non-RACT 
provisions.
    (5) International Envelope Company (Chester County)--OP 15-0023, 
effective November 2, 1995, except for the expiration date.
    (6) Brown Printing Company (Montgomery County)--CP 46-0018, 
effective September 26, 1996, except for the expiration date.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's December 31, 
1997 VOC and NOX RACT SIP revision submittal.
    (131) Revisions to the Pennsylvania Regulations governing gasoline 
volatility requirements submitted on December 3, 1997 and April 17, 1998 
by the Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letters dated December 3, 1997 and April 17, 1998 from the 
Pennsylvania Department of Environmental Protection transmitting the low 
RVP gasoline volatility requirements for the Pittsburgh-Beaver Valley 
ozone nonattainment area.
    (B) Revisions to 25 Pa Code, Chapters 121, 126, 139 pertaining to 
Gasoline Volatility Requirements, effective November 1, 1997.
    (1) Revisions to section 121.1--definitions of compliant fuel, 
distributor, Importer, Low RVP gasoline, Pittsburgh-Beaver Valley Area, 
RVP-Reid Vapor Pressure.
    (2) Addition of sections 126.301(a) through (c), 126.302 except for 
portions relating to RFG of (a)(6), and 126.303 (a).
    (3) Addition of paragraphs 139.4(18) and (19) pertaining to sampling 
procedures for Reid Vapor Pressure and gasoline volatility.
    (ii) Additional Material--Remainder of December 3, 1997 State 
submittal pertaining to the use of low RVP gasoline.
    (132) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC RACT, submitted on April 16,

[[Page 434]]

1996 and March 24, 1998 by the Pennsylvania Department of Environmental 
Protection.
    (i) Incorporation by reference.
    (A) Two (2) letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC RACT 
determinations in the form of operating permits on the following dates: 
April 16, 1996 and March 24, 1998.
    (B) Operating permits (OP):
    (1) The Fibre-Metal Products Company (Delaware County), OP 23-0025, 
effective February 20, 1998, except for the expiration date and 
conditions Nos. 16 and 17 relating to non-RACT provisions.
    (2) Finnaren & Haley, Inc. (Montgomery County), OP 46-0070, 
effective March 5, 1998, except for the expiration date and conditions 
Nos. 13 and 15 relating to non-RACT provisions.
    (3) Fres-co System USA, Inc. (Bucks County), OP 09-0027, effective 
March 5, 1998, except for the expiration date and conditions No. 22 
relating to non-RACT provisions.
    (4) Graphic Packaging Corporation (Chester County), OP 15-0013, 
effective February 28, 1998, except for the expiration date and 
conditions Nos. 19 and 20 relating to non-RACT provisions.
    (5) Montour Oil Service Company (Lycoming County), OP 41-0013, 
effective March 19, 1998, except for the expiration date and conditions 
Nos. 7 and 9 relating to non-RACT provisions.
    (6) Atlantic Refining and Marketing Corporation (Northumberland 
County), OP 49-0015, effective March 19, 1998, except for the expiration 
date and conditions Nos. 8 and 10 relating to non-RACT provisions.
    (7) Transwall Corporation (Chester County) OP 15-0025, effective 
march 10, 1998, except for the expiration date and conditions Nos. 15, 
19, and 21 relating to non-RACT provisions.
    (8) Tavo Packaging, Inc. (Bucks County), OP 09-0008, effective 
November 8, 1995, except for the expiration date and condition No.7 
relating to non-RACT provisions.
    (ii) Additional material.
    (A) Remainder of the Commonwealth of Pennsylvania's April 16, 1996 
and March 24, 1998 VOC and NOX RACT SIP submittals for the 
relevant sources.
    (B) Additional clarifying material submitted by Pennsylvania: Letter 
dated March 24, 1998 from James M. Seif, Secretary, Pennsylvania 
Department of Environmental Protection providing additional information 
on Tavo Packaging, Inc.
    (133) Revisions to the Pennsylvania State Implementation Plan 
consisting of Source-Specific Control Measures and a Revised Episode 
Plan for USX Clairton in the Liberty Borough PM-10 Nonattainment Area, 
submitted on October 30, 1997 by the Pennsylvania Department of 
Environmental Protection:
    (I) Incorporation by reference.
    (A) Letter of October 30, 1997 from the Pennsylvania Department of 
Environmental Protection transmitting a SIP revision for source specific 
control measures for USX Clairton located in the Liberty Borough PM-10 
nonattainment area of Allegheny County.
    (B) Revisions to Allegheny County's Article XXI applicable to USX's 
Clairton Coke Works, effective August 15, 1997, specifically:
    (1) Revisions to section 2104.02 limiting particulate matter 
emission from Boiler 1, requiring specific improvements to coal 
handling at Secondary Pulverizer 2, and requiring the operation of a 
mist eliminator at the Keystone cooling tower.
    (2) Revisions to section 2105.21 requiring the installation of ``big 
plug'' doors on most coke ovens by January 1, 2000.
    (3) The adoption of section 2106.05 requiring a source-specific 
``self audit emergency action plan.''
    (ii) Additional Material--Remainder of the October 30, 1997 State 
submittal.
    (134) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on February 20, May 
2, and September 13, 1996 by the Pennsylvania Department of 
Environmental Resources (now known as the Pennsylvania Department of 
Environmental Protection).
    (i) Incorporation by reference.
    (A) Three (3) letters submitted by the Pennsylvania Department of 
Environmental Resources (now, the Pennsylvania Department of 
Environmental Protection) transmitting source-specific VOC and/or 
NOX RACT determinations in the form of plan approvals, 
operating permits or compliance permits

[[Page 435]]

on the following dates: February 20, May 2, and September 13, 1996.
    (B) Plan Approvals (PA), Operating Permits (OP), Compliance Permits 
(CP):
    (1) CNG Transmission Corporation--Harrison, Potter County, PA 53-
0005A, effective April 16, 1996, except for the plan approval expiration 
date and item (or portions thereof) Nos. 4, 9, and 20 relating to non-
RACT provisions; OP 53-0005, effective April 16, 1996, except for the 
operating permit expiration date and item No. 23 relating to non-RACT 
provisions; and CP 53-0005A effective April 16, 1996.
    (2) CNG Transmission Corporation--Leidy, Clinton County, PA 18-
0004A, effective March 25, 1996, except for the plan approval expiration 
date and item No. 11 relating to non-RACT provisions; OP 18-0004, 
effective February 29, 1996, except for the operating permit expiration 
date and item Nos. 14, 25 and 28 relating to non-RACT provisions; and CP 
18-0004A effective March 25, 1996.
    (3) CNG Transmission Corporation--Sabinsville, Tioga County, PA 59-
0002A, effective December 18, 1995, except for the plan approval 
expiration date and item (or portions thereof) Nos. 3, 4, 5 and 10 
relating to non-RACT provisions; OP 59-0002, effective December 18, 
1995, except for the operating permit expiration date and item No. 15 
relating to non-RACT provisions, and CP 59-0002A effective December 18, 
1995.
    (4) CNG Transmission Corporation--Tioga, Tioga County, OP 59-0006, 
effective January 16, 1996, except for the operating permit expiration 
date and item (or portions thereof) Nos. 9, 21, 24 and 28 relating to 
non-RACT provisions.
    (ii) Additional Material.
    (A) Remainder of the Commonwealth of Pennsylvania's February 20, May 
2, and September 13, 1996 VOC and NOX RACT SIP submittals for 
the relevant sources.
    (135) Revisions to the Pennsylvania State Implementation Plan 
consisting of contingency measures for USX Clairton in the Liberty 
Borough PM-10 Nonattainment Area, submitted on July 12, 1995 by the 
Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Pennsylvania Department of 
Environmental Protection transmitting a SIP revision for contingency 
control measures for USX Clairton Works located in Liberty Borough PM-10 
nonattainment area of Allegheny County.
    (B) Revision to Allegheny County's Article XXI applicable to USX's 
Clairton Coke Works, effective July 11, 1995 specifically:
    (1) Revisions to section 2105.21.e included in Appendix 34 which 
require improved procedures to capture pushing emissions for all USX-
Clairton batteries except Battery B.
    (ii) Additional Material--Remainder of the July 12, 1995 submittal.
    (136) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on April 20, May 
29, and July 24, 1998, by the Pennsylvania Department of Environmental 
Protection.
    (i) Incorporation by reference.
    (A) Three letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations in the form of plan approvals or 
operating permits on the following dates: April 20, May 29, and July 24, 
1998.
    (B) Plan approvals (PA), Operating permits (OP):
    (1) Eldorado Properties Corporation, Northumberland County, OP 49-
0016, effective May 1, 1998; except for the operating permit expiration 
date and item (or portions thereof) Nos. 7, 8, 9, and 10 relating to 
non-RACT provisions.
    (2) Endura Products, Inc., Bucks County, OP 09-0028, effective May 
13, 1998; except for the operating permit expiration date and item (or 
portions thereof) Nos. 11A and 15 through 21 relating to non-RACT 
provisions.
    (3) Ford Electronics & Refrigeration Company, Montgomery County, OP 
46-0036 , effective April 30, 1998; except for the operating permit 
expiration date and item (or portions thereof) Nos. 11 through 18, 20, 
and 22 through 26 relating to non-RACT provisions.
    (4) H & N Packaging, Inc., Bucks County, OP 09-0038, effective June 
8, 1998; except for the operating permit expiration date and item (or 
portions

[[Page 436]]

thereof) Nos. 4, 7, 8, and 11 through 20 relating to non-RACT 
provisions.
    (5) Lancaster County Solid Waste Management Authority, Lancaster 
County, PA 36-2013, effective June 3, 1998; except for the plan approval 
expiration date and item (or portions thereof) Nos. 3 through 9, 11 
through 24, 27 through 37, and 39 relating to non-RACT provisions.
    (6) Monsey Products Company, Chester County, OP 15-0031, effective 
June 4, 1998; except for the operating permit expiration date and item 
(or portions thereof) Nos. 9 through 24 relating to non-RACT provisions.
    (7) Ortho-McNeil Pharmaceutical, Montgomery County, OP 46-0027, 
effective June 4, 1998; except for the operating permit expiration date 
and item (or portions thereof) Nos. 4, 9, and 13 through 20 relating to 
non-RACT provisions.
    (8) Piccari Press, Inc, Bucks County, OP 09-0040, effective April 
29, 1998; except for the operating permit expiration date and item (or 
portions thereof) Nos. 14, 15, 17, and 19 through 22 relating to non-
RACT provisions.
    (9) Pierce and Stevens Corporation, Chester County, OP 15-0011, 
effective March 27, 1998; except for the operating permit expiration 
date and item (or portions thereof) Nos. 11 through 15 relating to non-
RACT provisions.
    (10) PQ Corporation, Delaware County, OP 23-0016, effective June 16, 
1998; except for the operating permit expiration date and item (or 
portions thereof) Nos. 8, 13, and 15 through 19 relating to non-RACT 
provisions.
    (11) Reynolds Metals Company, Chester County, OP 15-0004, effective 
May 8, 1998; except for the operating permit expiration date and item 
(or portions thereof) Nos. 4, 5, 14, 15, 17 through 42, and 44 through 
48 relating to non-RACT provisions.
    (12) Rhone-Poulenc Rorer Pharmaceutical, Inc, Montgomery County, OP 
46-0048B, effective April 2, 1998; except for the operating permit 
expiration date and item (or portions thereof) Nos. 11 through 42 
relating to non-RACT provisions.
    (13) Superior Tube Company, Montgomery County, OP 46-0020, effective 
April 17, 1998; except for the operating permit expiration date and item 
(or portions thereof) Nos. 17 through 25 relating to non-RACT 
provisions.
    (14) Uniform Tubes Inc., Montgomery County, OP 46-0046A, effective 
March 26, 1998; except for the operating permit expiration date and item 
(or portions thereof) Nos. 16, 17, and 19 through 24 relating to non-
RACT provisions.
    (15) U.S. Air Force--Willow Grove Air Reserve Station, Montgomery 
County, OP 46-0072, effective May 1, 1998; except for the operating 
permit expiration date and item (or portions thereof) Nos. 11 through 15 
relating to non-RACT provisions.
    (16) U.S. Navy--Willow Grove Naval Air Station Joint Reserve Base, 
Montgomery County, OP 46-0079, effective May 4, 1998; except for the 
operating permit expiration date and item (or portions thereof) Nos. 11, 
12, 15 through 26, and 28 through 33 relating to non-RACT provisions.
    (ii) Additional Material.
    (A) Remainder of the Commonwealth of Pennsylvania's April 20, May 
29, and July 24, 1998 submittals VOC and NOX RACT SIP 
submittals.
    (137) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on May 31, 1995, 
November 15, 1995, March 21, 1996 and September 13, 1996 by the 
Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Four letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations in the form of plan approvals, 
operating or compliance permits on the following dates: May 31, 1995, 
November 15, 1995, September 13, 1996 and March 21, 1996.
    (B) Plan approvals (PA), Operating permits (OP), Compliance Permits 
(CP):
    (1) Columbia Gas Transmission Corporation--Artemas Compressor 
Station, Bedford County, PA O5-2006, effective April 19, 1995; except 
for the plan approval expiration date and item (or portions thereof) 
Nos. 4 and 13 relating to non-RACT provisions.
    (2) Columbia Gas Transmission Corporation--Donegal Compressor 
Station, Washington County, PA 63-000-631, effective July 10, 1995; 
except for the plan

[[Page 437]]

approval expiration date and item (or portions thereof) Nos. 9 and 20 
relating to non-RACT provisions.
    (3) Columbia Gas Transmission Corporation--Gettysburg Compressor 
Station, Adam County, OP 01-2003, effective April 21, 1995; except for 
the operating permit expiration date and item (or portions thereof) No. 
13 relating to non-RACT provisions.
    (4) Columbia Gas Transmission Corporation--Eagle Compressor Station, 
Chester County, OP 15-022, effective February 1, 1996; except for the 
operating permit expiration date and item (or portions thereof) Nos. 9 
and 10 relating to non-RACT provisions.
    (5) Columbia Gas Transmission Corporation--Downingtown Compressor 
Station, Chester County, CP-15-0020, effective September 15, 1995; 
except for the compliance permit expiration date and item (or portions 
thereof) Nos. 2 and 6 relating to non-RACT provisions.
    (ii) Additional Material--Remainder of the Commonwealth of 
Pennsylvania's May 31, 1995, November 15, 1995, March 21, 1996 and 
September 13, 1996 VOC and NOX RACT SIP submittals.
    (138) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC RACT, submitted on December 8, 1995, September 13, 
1996, October 18, 1996, July 24, 1998, and October 2, 1998 by the 
Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Five (5) letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC determinations 
in the form of operating permits on the following dates: December 8, 
1995, September 13, 1996, October 18, 1996, July 24, 1998, and October 
2, 1998.
    (B) Operating permits (OP):
    (1) GKN Sinter Metals, Inc. (Cameron County), OP-12-0002, effective 
September 30, 1998, except for the expiration date and conditions Nos. 
14-20 relating to non-RACT provisions.
    (2) Springs Window Fashions Division, Inc. (Lycoming County), OP-41-
0014, effective September 29, 1998, except for the expiration date and 
conditions Nos. 9-10 relating to non-RACT provisions.
    (3) Cabinet Industries, Inc. (Montour County), OP-47-0005, effective 
September 21, 1998, except for the expiration date and conditions Nos. 
5-8 relating to non-RACT provisions.
    (4) Centennial Printing Corp. (Montgomery County), OP-46-0068, 
effective October 31, 1996, as revised on May 11, 1998 except for the 
expiration date and conditions Nos. 13-15 and 17-20 pertaining to non-
RACT provisions.
    (5) Strick Corporation (Montour County), OP-47-0002, effective 
August 28, 1996, except for the expiration date and conditions Nos. 10-
11 and 21-22 relating to non-RACT provisions.
    (6) Handy and Harmon Tube Co. (Montgomery County), OP-46-0016 
effective September 25, 1995, except for the expiration dates and 
conditions No. 11 relating to non-RACT provisions.
    (ii) Additional Materials--Remainder of the Commonwealth of 
Pennsylvania's September 13, 1996, December 18, 1996, October 18, 1996, 
July 24, 1998 and October 2, 1998 submittals pertaining to the VOC RACT 
requirements for GKN Sinter Metals, Inc. (Cameron County), Springs 
Window Fashions Division, Inc. (Lycoming County), Cabinet Industries 
Inc. (Montour County), Centennial Printing Corp., Strick Corporation 
(Montour County), and Handy and Harmon Tubing Co. (Montgomery County).
    (139) Revisions to the Pennsylvania State Implementation Plan 
adopting an enhanced motor vehicle inspection and maintenance (I/M) 
program, submitted on March 22, 1996, and formal amendments submitted by 
the Secretary of the Pennsylvania Department of Environmental Protection 
on June 27, 1996; July 29, 1996; November 1, 1996; October 22, 1997; 
November 13, 1997; February 24, 1998; August 21, 1998; November 25, 
1998; and March 3, 1999.
    (i) Incorporation by reference.
    (A) Letter of November 13, 1997 from the Secretary of the 
Pennsylvania Department of Environmental Protection transmitting 
regulations for an enhanced motor vehicle inspection and maintenance 
program.
    (B) Pennsylvania Department of Transportation Enhanced Motor Vehicle 
Inspection and Maintenance (I/M) Program regulations (contained in Title 
67 of the PA Code), effective September 27, 1997.

[[Page 438]]

    (1) A definition for ``temporary inspection approval indicator'', 
added to section 175.2.
    (2) Section 175.11
    (3) Paragraph (f)(4) of section 175.29
    (4) Paragraphs (a), (b), (c), and (d) of section 175.41. Paragraph 
(b)(3) of section 175.41. Subparagraphs (d)(2)(ii) and (d)(2)(iii), and 
paragraphs (e)(5) and (f)(4) of section 175.41.
    (5) Sections 175.42, 175.43, 175.44, and 175.45.
    (6) Sections 177.1, 177.2, 177.3, 177.21, 177.22, 177.23, 177.24, 
177.51, 177.52, 177.53, 177.101, 177.102, 177.103, 177.104, 177.105, 
177.106.
    (7) Sections 177.201, 177.202, 177.203, 177.204, 177.231, 177.233, 
177.251, 177.252, 177.253, 177.271, 177.272, 177.273, 177.274, 177.281, 
177.282, 177.291, 177.292, 177.301, 177.302, 177.304, and 177.305.
    (8) Sections 177.401, 177.402, 177.403, 177.404, 177.405, 177.406, 
177.407, 177.408, 177.421, 177.422, 177.423, 177.424, 177.425, 177.426, 
177.427, and 177.431.
    (9) Sections 177.501, 177.502, 177.503, 177.504, and 177.521.
    (10) Sections 177.602, 177.603, 177.605, 177.606, 177.651, 177.652, 
177.671, 177.672, 177.673, and 177.691.
    (11) Appendix A to Title 67 of the Pennsylvania Code.
    (12) Appendix B to Title 67 of the Pennsylvania Code.
    (ii)Additional Material--Remainder of Submittals. The Commonwealth 
submitted materials in support of its enhanced motor vehicle inspection 
and maintenance (I/M) program regulation. These materials were submitted 
in formal SIP revisions dated: March 27, 1996; July 29, 1996; November 
1, 1996; November 13, 1997; February 24, 1998; August 21, 1998; November 
25, 1998; and March 3, 1999, and include:
    (A) Submittal submitted under a letter dated March 22, 1996, from 
the Secretary of the Pennsylvania Department of Environmental 
Protection.
    (B) Materials submitted under a letter dated June 27, 1996, from the 
Secretary of the Department of Environmental Protection.
    (C) Materials submitted under a letter of July 29, 1996, from the 
Secretary of the Department of Environmental Protection.
    (D) Materials submitted under a letter of November 1, 1996, from the 
Secretary of the Department of Environmental Protection.
    (E) Materials submitted under a letter of October 27, 1997, from the 
Secretary of the Department of Environmental Protection.
    (F) Materials submitted under a letter of February 24, 1998, from 
the Secretary of the Department of Environmental Protection.
    (G) Documents submitted by a letter dated August 21, 1998, from the 
Secretary of the Department of Environmental Protection.
    (H) Materials submitted by the Secretary of the Department of 
Environmental Protection, in a letter dated November 25, 1998, and 
amended by a letter dated March 3, 1999.

[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 64 FR 32414, June 17, 1999, Sec. 52.2020 
was amended by adding paragraph (c)(139), effective Aug. 2, 1999.



Sec. 52.2021  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               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                    I         II       III       III           III
 Interstate..........................................
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]

[[Page 439]]



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 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

[[Page 440]]

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) Disapproval of the April 19, 1995 NOX RACT proposal 
for Pennsylvania Power Company--New Castle plant located in Lawrence 
County, Pennsylvania.
    (f)-(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.
    (k) Conditional limited approval of revisions to the Pennsylvania 
Regulations, Chapter 129.91 through 129.95, pertaining to VOC and 
NOX RACT submitted on February 4, 1994 and amended on May 3, 
1994 by the Pennsylvania Department of Environmental Resources (now 
known as the Pennsylvania Department of Environmental Protection).

[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; 63 FR 13794, Mar. 23, 1998; 63 FR 23673, Apr. 30, 
1998]



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]



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

[[Page 441]]

to the public. Therefore, section 5-1104 is disapproved.

[40 FR 55333, Nov. 28, 1975, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.2026  Conditional approval.

    The Commonwealth of Pennsylvania's March 27, 1996 submittal of its 
enhanced motor vehicle emissions inspection and maintenance (I/M) 
program; as amended on June 27, 1996, July 29, 1996, November 1, 1996, 
November 13, 1997, February 24, 1998, and August 21, 1998; is 
conditionally approved pending satisfaction of paragraph (a)(2) of this 
subsection.
    (a) If the Commonwealth fails to start its program according to the 
schedule it provided (i.e., by no later than November 15, 1997 for the 
five-county Philadelphia area and no later than November 15, 1999 for 
the remaining sixteen counties), this conditional approval will convert 
to a disapproval after EPA sends a letter to the state. If the 
Commonwealth fails to satisfy the following conditions per the deadlines 
listed within each condition, this conditional approval will 
automatically convert to a disapproval as explained under section 110(k) 
of the Clean Air Act. The conditions for approvability are as follows:
    (1) [Reserved]
    (2) The Commonwealth must submit to EPA as a SIP amendment, by 
November 30, 1998, the final Pennsylvania I/M program evaluation plan 
requiring an approved alternative sound evaluation methodology to be 
performed on a minimum of 0.1 percent of the subject fleet each year as 
per 40 CFR 51.353(c)(3) and which meets the program evaluation elements 
as specified in 40 CFR 51.353(c). The Commonwealth submitted, in a 
November 13, 1997 SIP revision submittal, amendments to its enhanced I/M 
regulation requiring that the ongoing evaluation of its program be 
conducted as specified in this paragraph. By November 30, 1998, the 
Commonwealth must submit its actual program evaluation plan including 
the specific EPA-approved methodology it will use to conduct the ongoing 
program evaluation required under its I/M regulation.
    (3)-(5) [Reserved]
    (b) In addition to the above conditions for approval, the 
Commonwealth must correct several minor, or de minimus deficiencies 
related to CAA requirements for enhanced I/M. Although satisfaction of 
these deficiencies does not affect the conditional approval status of 
the Commonwealth's rulemaking granted under the authority of section 110 
of the Clean Air Act, these deficiencies must be corrected in the final 
I/M SIP revision prior to the end of the 18-month interim period granted 
under the National Highway Safety Designation Act of 1995:
    (1) The final I/M SIP submittal must detail the number of personnel 
and equipment dedicated to the quality assurance program, data 
collection, data analysis, program administration, enforcement, public 
education and assistance, on-road testing and other necessary functions 
as per 40 CFR 51.354;
    (2)-(4) [Reserved]
    (5) The final I/M SIP submittal must provide quality control 
requirements for one-mode ASM (or two-mode ASM if the Commonwealth opts 
for it);
    (6) [Reserved]
    (7) The final I/M SIP submittal must include the RFP, or other 
legally binding document, which adequately addresses how the private 
vendor selected to perform motorist compliance enforcement 
responsibilities for the Commonwealth's program will comply with the 
requirements as per 40 CFR 51.362;
    (8) The final I/M SIP submittal must include the RFP that adequately 
addresses how the private vendor will comply with 40 CFR 51.363, a 
procedures manual which adequately addresses the quality assurance 
program and a requirement that annual auditing of the quality assurance 
auditors will occur as per 40 CFR 51.363(d)(2);
    (9) The final I/M SIP submittal must include provisions to maintain 
records of all warnings, civil fines, suspensions, revocations, 
violations and penalties against inspectors and stations, per the 
requirements of 40 CFR 51.364;
    (10) The final I/M SIP submittal must include a RFP, or other 
legally binding document, which adequately addresses how the private 
vendor selected by the Commonwealth to perform data collection and data 
analysis and reporting

[[Page 442]]

will comply with all the requirements of 40 CFR 51.365 and 51.366;
    (11)-(13) [Reserved]
    (14) The final I/M SIP submittal must contain sufficient information 
to adequately address the on-road test program resource allocations, 
methods of analyzing and reporting the results of the on-road testing 
and information on staffing requirements for both the Commonwealth and 
the private vendor for the on-road testing program.
    (c) The Commonwealth of Pennsylvania's September 12, 1996 submittal 
for the 15 Percent Rate of Progress Plan (15% plan) for the Pennsylvania 
portion of the Philadelphia ozone nonattainment area, is conditionally 
approved based on certain contingencies, for an interim period. The 
condition for approvability is as follows:
    Pennsylvania must meet the conditions listed in the January 28, 1997 
conditional interim Inspection and Maintenance Plan (I/M) rulemaking 
notice, remodel the I/M reductions using the EPA guidance memo: 
``Modeling 15 Percent VOC Reductions from I/M in 1999--Supplemental 
Guidance'', memorandum from Gay MacGregor and Sally Shaver, dated 
December 23, 1996.
    (d) The Commonwealth of Pennsylvania's March 22, 1996 submittal for 
the 15 Percent Rate of Progress Plan (or 15% plan) for the Pittsburgh 
ozone nonattainment area, is hereby conditionally approved based on 
certain contingencies, for an interim period. This interim period 
corresponds to an 18-month period granted to the Pennsylvania inspection 
and maintenance (I/M) program (January 28, 1997). That interim approval 
period expires July 27, 1998. However, Pennsylvania must also remedy the 
following conditions no later than July 27, 1998. The conditions for 
approvability is as follows:
    (1) Provide final estimates for two stationary sources from the 1990 
base year emissions inventory and adjust the total 1990 VOC base year 
inventory, accordingly. The two sources are: J & L Specialty Steel Inc., 
Midland and Indspec Chemical Corp., Petrolia Plant.
    (2) Remodel the I/M program (as implemented in the Pittsburgh ozone 
nonattainment area) in accordance with EPA guidance (December 23, 1996 
memo entitled ``Modeling 15% VOC Reductions from I/M in 1999--
Supplemental Guidance) and to submit that remodeling to EPA; and
    (3) Fulfill the conditions listed in the conditional interim 
approval notice granted by EPA to Pennsylvania's enhanced I/M program 
(January 28, 1997), by the deadlines set forth in that rulemaking. The 
conditions of that EPA's I/M approval are summarized here as: geographic 
coverage and program start dates; ongoing program evaluation; test 
types, test procedures and emission standards; test equipment 
specifications and; motorist compliance enforcement demonstration.
    (e) The Commonwealth of Pennsylvania's March 22, 1996 submittal for 
the 1990 VOC Base Year Emissions Inventory for the Pittsburgh ozone 
nonattainment area (summarized in the table in this paragraph), is 
hereby conditionally approved based on the following contingency:
    (1) Provide final estimates for two facilities sources from the 1990 
base year emissions inventory and adjust the total 1990 VOC base year 
inventory to reflect those estimates, by no later than July 27, 1998. 
The two affected sources are: J & L Specialty Steel Inc., Midland and 
Indspec Chemical Corp., Petrolia Plant.

                      County-by-County Summary For the Pittsburgh Ozone Nonattainment Area
                                   [1990 Emissions Inventory--VOC (tons/day)]
----------------------------------------------------------------------------------------------------------------
                                                                                        Non-road       Highway
                         County                               Point         Area         mobile        mobile
----------------------------------------------------------------------------------------------------------------
Allegheny...............................................         80.44         73.3          15.48         76.54
Armstrong...............................................          1.1           3.3           1.01          3.9
Beaver..................................................          5.77          8.19          1.91         12.8
Butler..................................................          4.34          8.59          2.19          9.28
Fayette.................................................          0.57          7.53          1.42          7.8
Washington..............................................          0.85         10.74          2.53         14.96
Westmoreland............................................          3.54         16.31          3.67         24.84
                                                         -------------------------------------------------------

[[Page 443]]

 
      Total.............................................         96.61        127.96         28.21        150.12
----------------------------------------------------------------------------------------------------------------

    (2) [Reserved]
    (f) Revisions to the Pennsylvania Regulations, Chapter 129.91 
through 129.95, pertaining to VOC and NOX RACT submitted on 
February 4, 1994 and amended on May 3, 1994 by the Pennsylvania 
Department of Environmental Resources (now known as the Pennsylvania 
Department of Environmental Protection) is conditionally approved. 
Pennsylvania must meet the following conditions by no later than 12 
months after the publication of the final conditional rulemaking. These 
conditions are:
    (1) Pennsylvania certify that it has submitted case-by-case RACT 
proposals for all sources subject to the RACT requirements (including 
those subject to 25 Pa. Code section 129.93(b)(1)) currently known to 
PADEP; or
    (2) Demonstrate that the emissions from any remaining subject 
sources represent a de minimis level of emissions, as defined in the 
final rulemaking.

[62 FR 4019, Jan. 28, 1997, as amended at 62 FR 31349, June 9, 1997; 62 
FR 59998, Nov. 6, 1997; 63 FR 1368, Jan. 9, 1998; 63 FR 2153, Jan. 14, 
1998; 63 FR 13794, Mar. 23, 1998; 63 FR 25167, May 7, 1998; 63 FR 46667, 
46668, Sept. 2, 1998; 64 FR 30406, June 8, 1999]

    Effective Date Note: 1. At 64 FR 30406, June 8, 1999, Sec. 52.2026 
was amended by revising the introductory paragraph and removing and 
reserving paragraphs (b)(1), (5), (7), (8), (9), (10) and (14), 
effective July 8, 1999. For the convenience of the user, the superseded 
text follows:

Sec. 52.2026   Conditional approval.

    The Commonwealth of Pennsylvania's March 27, 1996 submittal for an 
enhanced motor vehicle inspection and maintenance (I/M) program, as 
amended on June 27, 1996 and July 29, 1996, and November 1, 1996 is 
conditionally approved based on certain contingencies, for an interim 
period to last eighteen months.

    Effective Date Note: 2. At 64 FR 32414, June 17, 1999, Sec. 52.2026 
was further amended by removing the introductory sentence and removing 
and reserving paragraphs (a) and (b), effective Aug. 2, 1999.



Secs. 52.2027-52.2029  [Reserved]



Sec. 52.2030  Source surveillance.

    (a)-(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

[[Page 444]]

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 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.
    (d)  [Reserved]
    (e) EPA approves as a revision to the Pennsylvania State 
Implementation Plan (SIP) the 1990 base year emission inventories for 
the Reading, Pennsylvania area (Berks County) submitted by the Secretary 
of the Environment, on January 28, 1997. This submittal consists of the 
1990 base year point, area, non-road mobile, biogenic and on-road mobile 
source emission inventories in the area for the following pollutants: 
volatile organic compounds

[[Page 445]]

(VOC), carbon monoxide (CO), and oxides of nitrogen (NOX).
    (f) Sharon Steel Company 1990 VOC and NOX emissions for 
three emission units (Blast Furnace Operations, Basic Oxygen Furnace 
Shop, Blast Furnace Casthouse), submitted June 10, 1996, are approved. 
Sharon Steel Company is located in Mercer County, Pennsylvania, which is 
in a marginal ozone nonattainment area. The 1990 VOC and NOX 
emissions from the Blast Furnace Operations (flame suppression, heaters 
and torpedo cars, flare stack, tuyeres) are 0.4 TPY and 49.3 TPY, 
respectively. The 1990 VOC and NOX emissions from the Basic 
Oxygen Furnace Shop (scrap preheating, ladle preheating and heaters) are 
1.4 TPY and 39.6 TPY, respectively. The 1990 VOC and NOX 
emissions from the Blast Furnace Casthouse are 205.4 TPY and 11.0 TPY, 
respectively.
    (g)-(h)  [Reserved]
    (i) The 1990 VOC emission inventory for the Philadelphia ozone 
nonattainment area, submitted on September 12, 1996 by Pennsylvania 
Department of Environmental Protection, is approved, with the exception 
of the revisions to the emission inventory for those sources at United 
States Steel--Fairless that were approved in Sec. 52.2036 (b) on April 
9, 1996.
    (j) EPA is approving Pennsylvania's request that the 1990 emissions 
inventory for VOCs from R.R. Donnelley & Sons--East Plant be corrected 
to accurately reflect the 1990 emissions. The 1990 baseyear VOC 
emissions inventory will be corrected to 864 tons. Justification for the 
change in VOC emissions is described as follows:
    (1) For rotogravure operations, R.R. Donnelley & Sons Company (East 
Plant) initially assumed a 5% retention of solvent in the web, and then 
revised their assumption to 2% based on the amount of solvent actually 
being recovered by the six bed carbon adsorption system. Based on VOC 
emissions data submitted to PADEP for the year 1990, the actual VOC 
emissions from rotogravure operations was 794.51 tons. The figures were 
taken from data submitted to PADEP from the facility dated May 6, 1996 
(subsequently submitted to EPA from PADEP via letter dated December 13, 
1996).
    (2) For heatset web offset lithographic operations, boilers, and 
associated solvent cleaning equipment, R.R. Donnelley & Sons Company 
provided data calculating estimates for actual 1990 VOC emissions of 
69.83 tons. The figures were taken from the facility's RACT proposal 
submitted to PADEP dated March 29, 1995.
    (k) Rockwell Heavy Vehicle, Inc., New Castle Forge Plant, Lawrence 
County--On April 8, 1998 the Pennsylvania Department of Environmental 
Protection requested that EPA include the CO, VOC and NOX 
emissions from this facility in the 1990 base year emission inventory. 
The CO, VOC and NOX emissions from the natural gas units and 
the spray booth of this facility are hereby approved as part of the 1990 
point source inventory. The 1990 CO, VOC and NOX emissions 
from the natural gas units are 8.3 TPY, 1.2 TPY and 64.2 TPY, 
respectively. The 1990 VOC emissions from the spray booth is 12.1 TPY.
    (l) EPA approves, as a revision to the Pennsylvania State 
Implementation Plan, the 1990 NOx emission inventory for the 
Philadelphia area, submitted on July 31, 1998 by the Pennsylvania 
Department of Environmental Protection. The submittal consists of 1990 
base year point, area, highway, and non-road mobile NOx emissions 
inventories for the five-county Philadelphia area (Bucks, Chester, 
Delaware, Montgomery, and Philadelphia Counties).

[61 FR 2931, Jan. 30, 1996, as amended at 61 FR 15713, Apr. 9, 1996; 61 
FR 24709, May 16, 1996; 61 FR 67232, Dec. 20, 1996; 62 FR 24834, May 7, 
1997; 62 FR 31349, June 9, 1997; 62 FR 38917, July 21, 1997; 64 FR 
18821, Apr. 16, 1999; 64 FR 32425, June 17, 1999]

    Effective Date Note: At 64 FR 32425, June 17, 1999, Sec. 52.2036 was 
amended by adding paragraph (l), effective Aug. 16, 1999.



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,

[[Page 446]]

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 
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

[[Page 447]]

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. 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.
    (e) Sharon Steel Company--VOC and NOX RACT determination 
for three emission units at Sharon Steel Company, not covered by plan 
approval PA 43-017: Blast Furnace Operations (flame suppression, heaters 
and torpedo cars, tuyeres), Basic Oxygen Furnace Shop (scrap preheating, 
ladle preheating and heaters), Blast Furnace Casthouse. NOX 
RACT for the Blast Furnace Operations is determined to be good air 
pollution control practices such that NOX emissions do not 
exceed: 100 pounds of NOX per million cubic feet (lb 
NOX/MMft3) of natural gas and 10.69 tons of 
NOX per year (TPY) for flame suppression, heaters, and 
torpedo cars; and 140 lb NOX/MMft3 of natural gas 
and 0.6 TPY for tuyeres. VOC RACT for the Blast Furnace Operations is 
determined to be good air pollution control practices such that VOC 
emissions do not exceed: 3.8 lb VOC/MMft3 of natural gas and 
0.41 TPY for flame suppression, heaters and torpedo cars; and 2.8 lb 
VOC/MMft3 of natural gas and 0.01 TPY for tuyeres. 
NOX RACT for the Basic Oxygen Furnace Shop is determined to 
be good air pollution control practices such that NOX 
emissions do not exceed: 100 lb NOX/MMft3 of 
natural gas and 1.1 TPY for scrap preheating; and 140 lb NOX/
MMft3 of natural gas and 10.8 TPY for ladle preheating and 
heaters. VOC RACT for the Basic Oxygen Furnace Shop is determined to be 
good air pollution control practices such that VOC emissions do not 
exceed: 3.8 lb VOC/MMft3 of natural gas and 0.04 TPY for 
scrap preheating; and 2.8 lb VOC/MMft3 of natural gas and 
0.22 TPY for ladle

[[Page 448]]

preheating and heaters. NOX RACT for the Blast Furnace 
Casthouse is determined to be good air pollution control practices such 
that NOX emissions do not exceed 0.03 lb NOX/ton 
of steel processed and 11.0 TPY.
    (f) Pennsylvania Electric Company--Williamsburg Station--VOC and 
NOX RACT determination for three emission units at 
Pennsylvania Electric Company (Penelec)--Williamsburg Station: unit #1 
boiler, auxiliary boiler, fugitive VOC sources. NOX and VOC 
RACT for the unit #11 boiler is determined to be good air pollution 
control practices such that emissions limits shall be 21.7 pounds of 
NOX per ton of coal fired (lb/ton) and 0.1459 lb/MMBtu of No. 
2 oil fired with annual fuel usage records, and no more than 867 tons 
per year (TPY) of NOX and 3 TPY of VOC. NOX and 
VOC RACT for the auxiliary boiler is determined to be the requirements 
of 25 Pa Code 129.93 (c)(1), pertaining to units with individual rated 
gross heat inputs less than 20 million British thermal units per hour 
(MMBtu/hr) of operation maintenance and operation in accordance with 
manufacturer's specifications, and the units are operated using good air 
pollution control practices.
    (g) Caparo Steel Company--VOC and NOX RACT determination 
for four emission units at Caparo Steel Company, not covered by 
operating permit OP 43-285: Package boilers, BW boiler #1, BW boiler #2, 
and BW boiler #3. NOX RACT for the package boilers is 
determined to be good air pollution control practices such that 
NOX emissions do not exceed 550 pounds of NOX per 
million cubic feet (lb NOX/MMft3) of natural gas 
and 529.82 tons of NOX per year (TPY). VOC RACT for the 
package boilers is determined to be good air pollution control practices 
such that VOC emissions do not exceed 1.4 lb VOC/MMft3 of 
natural gas and 1.35 TPY. NOX RACT for each of the BW boilers 
is determined to be good air pollution control practices such that 
NOX emissions do not exceed 23 lb NOX/
MMft3 of BFG and 80.1 TPY.
    (h) VOC RACT determination for four emission units at Mercersburg 
Tanning Company--Franklin County: Spray Lines 3 thru 7, Attic Line, 
Spray Lines A and B, Spray Line C. The VOC RACT determination is as 
follows: for Spray Lines 3 thru 7; all work transferred to Spray Lines A 
and B, for Attic Line; all work transferred to Spray Line C, for Spray 
Lines A and B; vented to a Regenerative Thermal Oxidizer (RTO) with 
required 100% capture efficiency and 97% destruction efficiency, for 
Spray Line C; coating restrictions of 3.5 lb VOC/gal (less water) on 
base coats and 2.8 lb VOC/gal (less water) on intermediate coats. VOC 
RACT for cleaning solvents associated with Lines A and B vented to RTO 
and water utilized as cleaning solvent for Line C.

[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; 61 FR 67231, 
Dec. 20, 1996; 62 FR 8624, Feb. 26, 1997; 62 FR 11082, Mar. 11, 1997]



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

[[Page 449]]

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 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.
------------------------------------------------------------------------

    (b) EPA approves the PM-10 attainment demonstration for the Liberty 
Borough Area of Allegheny County submitted by the Pennsylvania 
Department of Environmental Protection on January 6, 1994.

[45 FR 33628, May 20, 1980, as amended at 63 FR 47436, Sept. 8, 1998]



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]



Sec. 52.2061  Operating permits.

    (a) Emission limitations and related provisions which are 
established in Pennsylvania 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.

[[Page 450]]

    (b) Emission limitations and related provisions which are 
established in Pennsylvania general operating permits as federally 
enforceable conditions shall be enforceable by EPA. EPA reserves the 
right to deem general permit conditions not federally enforceable. Such 
a determination will be made according to appropriate procedures, and be 
based upon the general permit, general permit approval procedures, or 
general permit requirements which do not conform with the general 
operating permit program requirements or the requirements of EPA's 
underlying regulations.

[61 FR 39597, 39601, July 30, 1996]



Sec. 52.2062  Plan approvals.

    (a) Emission limitations and related provisions which are 
established in Pennsylvania plan approvals as federally enforceable 
conditions shall be enforceable by EPA. EPA reserves the right to deem 
plan approval conditions not federally enforceable. Such a determination 
will be made according to appropriate procedures, and be based upon the 
plan approval, the relevant approval procedures, or plan requirements 
which do not conform with the plan approval program requirements or the 
requirements of EPA's underlying regulations.
    (b) Emission limitations and related provisions which are 
established in Pennsylvania general plan approvals as federally 
enforceable conditions shall be enforceable by EPA. EPA reserves the 
right to deem general plan approval conditions not federally 
enforceable. Such a determination will be made according to appropriate 
procedures, and be based upon the general plan approval, the relevant 
approval procedures, or plan requirements which do not conform with the 
general plan approval program requirements or the requirements of EPA's 
underlying regulations.

[61 FR 39597, 39601, July 30, 1996]



                        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.
    (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,

[[Page 451]]

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, 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

[[Page 452]]

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.
    (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

[[Page 453]]

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 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

[[Page 454]]

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.
    (A) 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 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.

[[Page 455]]

    (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.
    (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

[[Page 456]]

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.
    (46) A revision to the Rhode Island SIP regarding ozone monitoring. 
The State of Rhode Island 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) Letter from the Rhode Island Department of Environmental 
Management dated January 14, 1994 submitting an amendment to the Rhode 
Island State Implementation Plan.
    (B) Letter from the Rhode Island Department of Environmental 
Management dated June 14, 1994 submitting an amendment to the Rhode 
Island State Implementation Plan.

[[Page 457]]

    (C) Section VII of the Rhode Island State Implementation Plan, 
Ambient Air Quality Monitoring.
    (47) 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 revisions 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, with the exception of Section 
31.2.2, effective 90 days after the date that EPA notifies Rhode Island 
that the State has failed to achieve a 15% reduction of VOC emission 
from the 1990 emission levels, in accordance with the contingency 
measure provisions of the Rhode Island SIP, (except for Section 31.5.2, 
which requires records of amount of product sold, beginning July, 
1994.): Air Pollution Control Regulation No. 31, Control of Volatile 
Organic Compounds from Commercial and Consumer Products.
    (C) The following portions of the Rules Governing the Control of Air 
Pollution for the State of Rhode Island, with the exception of Section 
33.2.2, effective 90 days after the date that EPA notifies Rhode Island 
the State has failed to achieve a 15% reduction of VOC emission from the 
1990 emission levels, in accordance with the contingency measure 
provisions of the Rhode Island SIP, (except for Section 33.5.2, which 
requires records of amount of product sold, beginning July, 1994.): Air 
Pollution Control Regulation No. 33, Control of Volatile Organic 
Compounds from Architectural and Industrial Maintenance Coatings.
    (48) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on September 17, 
1996, which define and impose reasonably available control technology 
(RACT) to control nitrogen oxides emissions at major stationary sources 
in Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management, dated September 17, 1996, submitting revisions to the Rhode 
Island State Implementation Plan.
    (B) Regulation number 27, ``Control of Nitrogen Oxide Emissions,'' 
as adopted on December 27, 1995, effective January 16, 1996.
    (C) An administrative consent agreement between Rhode Island 
Department of Environmental Management and Rhode Island Hospital, file 
no. 95-14-AP, effective on November 27, 1995.
    (D) An administrative consent agreement between Rhode Island 
Department of Environmental Management and Osram Sylvania Incorporated, 
file no. 96-06-AP, effective on September 4, 1996.
    (E) An air pollution permit approval, no. 1350, for Osram Sylvania 
Incorporated issued by the Rhode Island Department of Environmental 
Management on May 14, 1996 and effective on that date.
    (49) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on September 17, 
1996, which define and impose alternative reasonably available control 
technology (RACT) requirements to control nitrogen oxides emissions at 
certain major stationary sources in Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated September 17, 1996, submitting revisions to the Rhode 
Island State Implementation Plan.
    (B) An administrative consent agreement between Rhode Island 
Department of Environmental Management and Algonquin Gas Transmission 
Company, file no. 95-52-AP, effective on December 5, 1995.
    (C) An administrative consent agreement between Rhode Island 
Department of Environmental Management and Bradford Dyeing Association, 
Inc., file no. 95-28-AP, effective on November 17, 1995.
    (D) An administrative consent agreement between Rhode Island 
Department of Environmental Management and Hoechst Celanese Corporation, 
file no. 95-62-AP, effective on November 20, 1995.

[[Page 458]]

    (E) An administrative consent agreement between Rhode Island 
Department of Environmental Management and University of Rhode Island, 
file no. 95-50-AP, effective on March 12, 1996.
    (F) An administrative consent agreement between Rhode Island 
Department of Environmental Management and the Naval Education and 
Training Center in Newport, file no. 96-07-AP, effective on March 4, 
1996.
    (50) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on September 21, 
1998. The revisions consist of the State's 15 Percent plan and 
Contingency plan. The EPA is approving the calculation of the required 
emission reductions, and the emission reduction credit claimed from 
surface coating operations, printing operations, plant closures, cutback 
asphalt, synthetic pharmaceutical manufacturing, automobile refinishing, 
consumer and commercial products, architectural and industrial 
maintenance coatings, stage II vapor recovery, reformulated gasoline in 
on-road and off-road engines, tier I motor vehicle controls, and low 
emitting vehicles. EPA is taking no action at this time on the emission 
reduction credit claim made for the Rhode Island automobile inspection 
and maintenance program.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated September 21, 1998 submitting a revision to the Rhode 
Island State Implementation Plan.
    (51)-(53) [Reserved]
    (54) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated 9 August 1996 submitting a revision to the Rhode Island 
State Implementation Plan.
    (B) Changes to Air Pollution Control Regulation Number 9.
    For the State of Rhode Island.
    (55) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on February 13, 1998 
and January 20, 1999 which define alternative NOX RACT 
requirements and impose seasonal limitations on the emissions of 
nitrogen oxides at certain major stationary sources in Rhode Island.
    (i) Incorporation by reference.
    (A) Letters from the Rhode Island Department of Environmental 
Management, dated February 13, 1998 and January 20, 1999 submitting 
revisions to the Rhode Island State Implementation Plan.
    (B) Regulation number 38, ``Nitrogen Oxides Allowance Program,'' as 
adopted on May 21, 1998, submitted on effective on June 10, 1998.
    (C) An administrative consent agreement between Rhode Island 
Department of Environmental Management and Rhode Island Economic 
Development Corporation, file no. 96-04-AP, adopted and effective on 
September 2, 1997.

[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.

    Effective Date Note:  At 64 FR 29566, 29570, June 2, 1999, 
Sec. 52.2070 was amended by adding paragraphs (c)(54) and (c)(55), 
effective Aug. 2, 1999.



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]

[[Page 459]]



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 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

[[Page 460]]

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 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

[[Page 461]]

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)........
 
                                 -------------------------------------------------------------------------------
                                      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)....
 
----------------------------------------------------------------------------------------------------------------

[[Page 462]]

 
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.
 
                                 -------------------------------------------------------------------------------
                                      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)....
 
                                 -------------------------------------------------------------------------------

[[Page 463]]

 
                                      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.
              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.
              Air Pollution           7/30/96       6/2/99  64 FR 29566........  (c)(54)....  5
               Control Permits.
 
----------------------------------------------------------------------------------------------------------------
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.
 
                                 -------------------------------------------------------------------------------
                                    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)....
 
----------------------------------------------------------------------------------------------------------------

[[Page 464]]

 
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).
 
                                 -------------------------------------------------------------------------------
                                       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)....
 
                                 -------------------------------------------------------------------------------

[[Page 465]]

 
                                     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).
 
                                 -------------------------------------------------------------------------------
                                     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.
 
----------------------------------------------------------------------------------------------------------------

[[Page 466]]

 
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. 27......  Control of               9/2/97       6/2/99  64 FR 29570........  (c)(55)....  Establishes
               Nitrogen Oxides                                                                 alternative NOx
               Emissions.                                                                      RACT for Rhode
                                                                                               Island Economic
                                                                                               Development
                                                                                               Corporation in
                                                                                               North Kingstown,
                                                                                               RI.
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.
 
----------------------------------------------------------------------------------------------------------------
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. 31......  Consumer and            3/11/94     10/30/96  61 FR 55903........  (c)(47)....  VOC control reg.
               Commercial                                                                      submitted as part
               Products.                                                                       of State's
                                                                                               Contingency Plan.
                                                                                               Section 31.2.2
                                                                                               not approved.
 
----------------------------------------------------------------------------------------------------------------
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.
 
----------------------------------------------------------------------------------------------------------------
No. 33......  Architectural and       3/11/94     10/30/96  61 FR 55903........   (c)(47)...  VOC control reg.
               Industrial                                                                      submitted as part
               Maintenance                                                                     of State's
               Coatings.                                                                       Contingency Plan
                                                                                               Section 33.2.2
                                                                                               not approved.
 
----------------------------------------------------------------------------------------------------------------
No. 38......  Nitrogen Oxides         5/21/98       6/2/99  64 FR 29570........  (c)(55)....  Adds ozone season
               Allowance Program.                                                              NOx emission
                                                                                               limitations at
                                                                                               certain
                                                                                               stationary
                                                                                               sources.
----------------------------------------------------------------------------------------------------------------

[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; 61 FR 55903, Oct. 
30, 1996; 62 FR 46207, Sept. 2, 1997; 64 FR 29566, 29570, June 2 1999]

    Effective Date Note:  At 64 FR 29566, 29570, June 2, 1999, in 
Sec. 52.2081, Table 52.2081 was amended by revising the state citation 
for Regulation No. 27 and by adding new state citations for Regulation 
Nos. 9 and 38, effective Aug. 2, 1999. For the convenience of the user, 
the superseded text follows:

[[Page 467]]

Sec. 52.2081--EPA--approved  Rhode Island state regulations.

                                * * * * *

                               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
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
No. 27......  Control of             12/27/95     Sept. 2,  62 FR 46207........  (c)(48)....  Adds NOX RACT
               Nitrogen Oxide                         1997                                     regulations.
               Emissions.
              ..................     11/27/95     Sept. 2,  62 FR 46207........  (c)(48)....  NOX RACT for Rhode
                                                      1997                                     Island Hospital
                                                                                               under 27.4.4.
              ..................       9/4/96     Sept. 2,  62 FR 46207........  (c)(48)....  NOX RACT for Osram
                                                      1997                                     Sylvania
                                                                                               Incorporated
                                                                                               under 27.4.4.
 
              ..................      12/5/95     Sept. 2,  62 FR 46207........  (c)(49)....  Alternative NOX
                                                      1997                                     RACT for
                                                                                               Algonquin Gas
                                                                                               Transmission
                                                                                               Company under
                                                                                               27.4.8.
              ..................     11/17/95     Sept. 2,  62 FR 46207........  (c)(49)....  Alternative NOX
                                                      1997                                     RACT for Bradford
                                                                                               Dyeing
                                                                                               Association, Inc.
                                                                                               under 27.4.8.
              ..................     11/20/95     Sept. 2,  62 FR 46207........  (c)(49)....  Alternative NOX
                                                      1997                                     RACT for Hoechst
                                                                                               Celanese
                                                                                               Corporation under
                                                                                               27.4.8.
              ..................      3/12/96     Sept. 2,  62 FR 46207........  (c)(49)....  Alternative NOX
                                                      1997                                     RACT for
                                                                                               University of
                                                                                               Rhode Island
                                                                                               under 27.4.8.
              ..................       3/4/96     Sept. 2,  62 FR 46207........  (c)(49)....  Alternative NOX
                                                      1997                                     RACT for Naval
                                                                                               Education and
                                                                                               Training Center
                                                                                               under 27.4.8.
 
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------



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)).
    (2) [Reserved]
    (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.

[[Page 468]]

    (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; 62 FR 18716, Apr. 
17, 1997; 63 FR 67600, Dec. 8, 1998; 64 FR 926, Jan. 6, 1999]



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]



Sec. 52.2086  Emission inventories.

    (a) The Governor's designee for the State of Rhode Island submitted 
the 1990 base year emission inventory for the Providence ozone 
nonattainment area on January 12, 1993 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 this area.
    (b) The inventory is for the ozone precursors which are volatile 
organic compounds, nitrogen oxides, and carbon monoxide. The inventory 
covers point, area, non-road mobile, on-road mobile, and biogenic 
sources.
    (c) The Providence nonattainment area is classified as serious and 
includes the entire state of Rhode Island.
    (d) Minor revisions to the Rhode Island 1990 base year emission 
inventory were submitted to EPA on September 21, 1998. The revised 
emission estimates were prepared in accordance with EPA guidance, and 
are approved into the State's SIP.

[61 FR 55902, Oct. 30, 1996, as amended at 63 FR 67600, Dec. 8, 1998]



                       Subpart PP--South Carolina



Sec. 52.2120  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan (SIP) for South Carolina under section 110 of the 
Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national 
ambient air quality standards.
    (b) Incorporation by reference.
    (1) Material listed in paragraphs (c) and (d) of this section with 
an EPA approval date prior to July 1, 1997 was approved for 
incorporation by reference by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is 
incorporated as it exists on the date of the approval, and notice of any 
change in the material will be published in the Federal Register. 
Entries in paragraphs (c) and (d) of this section with EPA approval 
dates after July 1, 1997, will be incorporated by reference in the next 
update to the SIP compilation.
    (2) EPA Region 4 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
implementation plan as of July 1, 1997.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, 
GA 30303; the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.; or at the EPA, Air and Radiation Docket 
and Information Center, Air Docket (6102), 401 M Street, SW., 
Washington, DC. 20460.
    (c) EPA approved regulations.

                              Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
                                                                    State         EPA
            State citation                   Title/subject        effective     approval      Federal register
                                                                     date         date             notice
----------------------------------------------------------------------------------------------------------------
Regulation No. 62.1..................          Definitions, Permits Requirements, and Emissions Inventory

[[Page 469]]

 
Section I............................  Definitions.............      5/25/90       2/8/99  63 FR 67586.
Section II...........................  Permit Requirements.....     09/18/90     02/04/92  57 FR 4158.
Section III..........................  Emissions Inventory.....     03/16/89     07/02/90  55 FR 27226.
Regulation No. 62.2..................                         Prohibition of Open Burning
                                                                    06/05/85     10/03/89  54 FR 40660.
Regulation No. 62.3..................                            Air Pollution Episodes
Section I............................  Episode Criteria........     04/29/88     10/03/89  54 FR 40662.
Section II...........................  Emissions Reduction          04/29/88     10/03/89  54 FR 40662.
                                        Requirements.
Regulation No. 62.4..................                      Hazardous Air Pollution Conditions
                                                                    12/20/78     01/29/80  45 FR 6572.
Regulation No. 62.5..................                       Air Pollution Control Standards
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                              Standard No. 1 Emissions from Fuel Burning Operations
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
Section I............................  Visible Emissions.......     03/16/89     07/02/90  55 FR 27226.
Section II...........................  Particulate Emissions...     04/29/88     10/03/89  54 FR 40662.
Section III..........................  Sulfur Dioxide Emissions     03/03/83     10/29/84  49 FR 43469.
Section IV...........................  Opacity Monitoring           03/16/89     07/02/90  55 FR 27226.
                                        Requirements.
Section V............................  Exemptions..............     06/05/85     10/03/89  54 FR 40660
Section VI...........................  Periodic Testing........     04/29/88     10/03/89  54 FR 40662.
Section VII..........................  Source Test Requirements     06/05/85     10/03/89  54 FR 40660.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                  Standard No. 2 Ambient Air Quality Standards
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                                                    03/16/89     07/02/90  55 FR 27227.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                   Standard No. 3 Emissions from Incinerators
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                                                    01/07/81     09/03/82  47 FR 38885.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                Standard No. 4 Emissions from Process Industries
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
Section I............................  General.................     03/24/86     02/17/87  52 FR 4772.
Section II...........................  Sulfuric Acid                03/24/86     02/17/87  52 FR 4772.
                                        Manufacturing.
Section III..........................  Kraft Pulp and Paper         04/29/88     10/03/89  54 FR 40662.
                                        Manufacturing.
Section IV...........................  Portland Cement              03/24/86     02/17/87  52 FR 4772.
                                        Manufacturing.
Section V............................  Cotton Gins.............     03/24/86     02/17/87  52 FR 4772.
Section VI...........................  Hot Mix Asphalt Plants..     06/05/85     10/03/89  54 FR 40660.
Section VII..........................  Metal Refining..........     03/24/86     02/17/87  52 FR 4772.
Section VIII.........................  Other Manufacturing.....     04/29/88     10/03/89  54 FR 40662.
Section IX...........................  Visible Emissions.......     03/16/89     07/02/90  55 FR 27226.
Section X............................  Non-Enclosed Operations.     06/05/85     10/03/89  54 FR 40660.
Section XI...........................  Total Reduced Sulfur         03/16/89     07/02/90  55 FR 27226.
                                        Emissions of Kraft Pulp
                                        Mills.
Section XII..........................  Periodic Testing........     03/16/89     07/02/90  55 FR 27226.
Section XIII.........................  Source Test Requirements     06/05/85     10/03/89  54 FR 40660.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                    Standard No. 5 Volatile Organic Compounds
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
Section I............................  General Provisions......     08/22/79     12/16/81  46 FR 61268.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                   Section II Provisions for Specific Sources
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
Part A...............................  Surface Coating of Cans.     08/22/79     12/16/81  46 FR 61268.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
Part B...............................  Surface Coating of Coils     08/22/79     12/16/81  46 FR 61268.
Part C...............................  Surface Coating of           08/22/79     12/16/81  46 FR 61268.
                                        Paper, Vinyl,& Fabric.
Part D...............................  Surface Coating of Metal     08/22/79     12/16/81  46 FR 61268.
                                        Furniture & Large
                                        Appliances.
Part E...............................  Surface Coating of           08/22/79     12/16/81  46 FR 61268.
                                        Magnet Wire.
Part F...............................  Surface Coating of           09/10/80     11/24/81  46 FR 57486.
                                        Miscellaneous Metal
                                        Parts & Products.
Part G...............................  Surface Coating of Flat      09/10/80     11/24/81  46 FR 57486.
                                        Wood Paneling.
Part H...............................  Graphic Arts-Rotogravure     09/10/80     11/24/81  46 FR 57486.
                                        & Flexography.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                               Part I--M Reserved
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
Part N...............................  Solvent Metal Cleaning..     09/10/80     11/24/81  46 FR 57486.
Part O...............................  Petroleum Liquid Storage     09/10/80     11/24/81  46 FR 57486.
                                        in Fixed Roof Tanks.
Part P...............................  Petroleum Liquid Storage     09/10/80     11/24/81  46 FR 57486.
                                        in External Floating
                                        Roof Tanks.
Part Q...............................  Manufacture of               09/10/81     11/24/81  46 FR 57486.
                                        Synthesized
                                        Pharmaceutical Products.
Part R...............................  Manufacture of Pneumatic     09/10/81     11/24/81  46 FR 57486.
                                        Rubber Tires.
Part S...............................  Cutback Asphalt.........     06/13/79     12/16/81  46 FR 61268.
Part T...............................  Bulk Gasoline Terminals      06/13/79     12/16/81  46 FR 61268
                                        ans Vapor Collection
                                        Systems.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½

[[Page 470]]

 
                             Standard No. 6 Alternative Emissions Limitation Options
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                                                    06/07/82     09/03/82  47 FR 38887.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                                Section I General
 
                                        Section II Conditions for Approval
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
Part A...............................          Emissions of Total Suspended Particulate or Sulfur Dioxide
Part B...............................                   Emissions of Volatile Organic Compounds
Part C...............................           Emissions of Nitrogen Dioxide, Carbon Monoxide, or Lead
Part D...............................                            Designated Pollutants
Part E...............................                               De Minimis Cases
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                           Section III Enforceability
 
                             Standard No. 7 Prevention of Significant Deterioration
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                                                    03/16/89     07/02/90  55 FR 27226.
Section I............................                                 Definitions
Section II...........................                              Ambient Air Limits
Section III..........................       Review of Major Plants and Major Modifications-Applicability and
                                                                       Exemptions
Section IV...........................                             Review Requirements
Supplement C.........................  ........................   05/26/96     August 20,  62 FR 44219
                                                                                     1997
Regulation No. 62.6..................                    Control of Fugitive Particulate Matter
                                                                    06/05/85     10/03/89  54 FR 40660.
Section I............................        Control of Fugitive Particulate Matter in Non-Attainment Areas
Section II...........................                    Control of Fugitive Particulate Matter
Section III..........................               Control of Fugitive Particulate Matter Statewide
Section IV...........................                                Effective Date
Regulation No. 62.7..................                    Good Engineering Practice Stack Height
                                                                    06/11/86     05/28/87  52 FR 19859
Section I............................                                   General
Section II...........................                                Applicability
Section III..........................                          Definitions and Conditions
Section IV...........................                             Public Participation
----------------------------------------------------------------------------------------------------------------


                            EPA-Approved South Carolina Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                       State         EPA
            Name of source                Permit     effective     approval                Comments
                                          number        date         date
----------------------------------------------------------------------------------------------------------------
None.
----------------------------------------------------------------------------------------------------------------


------------------------------------------------------------------------
                                  State
          Provision             effective     EPA approval     Comments
                                   date           date
------------------------------------------------------------------------
Cherokee County Ozone             06/26/98  December 18,
 Attainment Demonstration and                1998.
 Ten-year Maintenance Plan.
Narrative of the ``Emissions      06/26/98  December 18,
 Inventory Projections for                   1998.
 Cherokee County''.
------------------------------------------------------------------------


[62 FR 35444, July 1, 1997, as amended at 62 FR 44219, Aug. 20, 1997; 62 
FR 47761, Sept. 11, 1997; 63 FR 67586, Dec. 8, 1998; 63 FR 70022, Dec. 
18, 1998]



Sec. 52.2121  Classification of regions.

    The South Carolina plan was evaluated on the basis of the following 
classifications:

[[Page 471]]



----------------------------------------------------------------------------------------------------------------
                                                                               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)                    I          I       III       III           III
 Interstate..........................................
----------------------------------------------------------------------------------------------------------------



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 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]

[[Page 472]]



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]



Sec. 52.2133  General conformity.

    The General Conformity regulations adopted into the South Carolina 
State Implementation Plan which were submitted on November 8, 1996. 
South Carolina incorporated by reference regulations 40 CFR part 51, 
subpart W--determining conformity of General Federal Actions to State or 
Federal Implementation Plans.

[62 FR 32538, June 16, 1997]



Sec. 52.2134  Original identification of plan section.

    (a) This section identifies the original ``South Carolina Air 
Quality Implementation Plan'' and all revisions submitted by South 
Carolina that were federally approved prior to July 1, 1997.
    (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

[[Page 473]]

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 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

[[Page 474]]

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.
    (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

[[Page 475]]

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.
    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)

[[Page 476]]

(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 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

[[Page 477]]

    (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. Redesignated at 62 FR 35444, July 1, 1997]

    Editorial Note: For Federal Register citations affecting 
Sec. 52.2134, formerly Sec. 52.2120, see the List of CFR Sections 
Affected in the Finding Aids section of this volume.



                        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.

[[Page 478]]

    (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, 
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.
    (17) On May 2, 1997, the designee of the Governor of South Dakota 
submitted revisions to the plan. The revisions pertain to revised 
regulations for definitions, minor source operating permits, open 
burning, and performance testing. The State's SIP submittal requested 
that EPA replace the previous version of the ARSD approved into the SIP 
with the following chapters of the ARSD as in effect on December 29, 
1996: 74:36:01 through 74:36:03, 74:36:04 (with the exception of section 
74:36:04:03.01), 74:36:06, 74:36:07, 74:36:10-13, and 74:36:17. EPA is 
replacing all of the previously approved State

[[Page 479]]

regulations, except the NSPS rules in ARSD 74:36:07, with those 
regulations listed in paragraph (c)(17)(i)(A). ARSD 74:36:07, as in 
effect on January 5, 1995 and as approved by EPA at 40 CFR 
52.2170(c)(16)(i)(A), will remain part of the SIP. [Note that EPA is not 
incorporating the revised ARSD 74:36:07, new ARSD 74:36:11:04, or new 
ARSD 74:36:17 in this action, as these chapters will be acted on 
separately by EPA.]
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of South Dakota, Air 
Pollution Control Program, Chapters 74:36:01-03; 74:36:04 (except 
section 74:36:04:03.1); 74:36:06; 74:36:10, 74:36:11 (with the exception 
of ARSD 74:36:11:04), 74:36:12, and 74:36:13, effective December 29, 
1996.

[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; 
63 FR 55807, Oct. 19, 1998]



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
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

[[Page 480]]

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]



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. 52.2181  [Reserved]



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]

[[Page 481]]



                          Subpart RR--Tennessee



Sec. 52.2219  [Reserved]



Sec. 52.2220  Identification of plan.

    (a)Purpose and scope. This section sets forth the applicable State 
implementation plan for Tennessee under section 110 of the Clean Air 
Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air 
quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to December 
1, 1998, was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Material is incorporated as it exists on the date of the approval, 
and notice of any change in the material will be published in the 
Federal Register. Entries in paragraphs (c) and (d) of this section with 
EPA approval dates after December 1, 1998, will be incorporated by 
reference in the next update to the SIP compilation.
    (2) Copies of the materials incorporated by reference may be 
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, 
GA 30303; the Office of Federal Register, 800 North Capitol Street, NW., 
Suite 700, Washington, DC.; or at the EPA, Air and Radiation Docket and 
Information Center, Air Docket (6102), 401 M Street, SW., Washington, 
DC. 20460.
    (c) EPA approved regulations.

                                       EPA Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
                                                                               EPA
          State citation                 Title/subject          Adoption     approval    Federal Register Notice
                                                                  date         date
----------------------------------------------------------------------------------------------------------------
                                       Chapter 1200-3-1 GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-1-.01.............  General Rules............     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-1-.02.............  Severability.............     10/12/79     06/24/82  47 FR 27267.
----------------------------------------------------------------------------------------------------------------
                                          Chapter 1200-3-2 DEFINITIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-2-.01.............  General Definitions......     08/01/90     04/18/94  59 FR 18310.
----------------------------------------------------------------------------------------------------------------
Section 1200-3-2-.02.............  Abbreviations............     02/09/77     03/29/85  50 FR 12540.
----------------------------------------------------------------------------------------------------------------
                                     Chapter 1200-3-3 AIR QUALITY STANDARDS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-3-.01.............  Primary Air Quality           02/09/77     03/29/85  50 FR 12540.
                                    Standards.
----------------------------------------------------------------------------------------------------------------
Section 1200-3-3-.02.............  Secondary Air Quality         02/09/77     03/29/85  50 FR 12540.
                                    Standards.
Section 1200-3-3-.03.............  Tennessee's Ambient Air       12/05/84     03/29/85  50 FR 12539.
                                    Quality Standards.
Section 1200-3-3-.04.............  Nondegradation...........     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-3-.05.............  Achievement..............     08/02/83     04/07/93  58 FR 18011.
----------------------------------------------------------------------------------------------------------------
                                          Chapter 1200-3-4 OPEN BURNING
----------------------------------------------------------------------------------------------------------------
Section 1200-3-4-.01.............  Purpose..................     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-4-.02.............  Open Burning Prohibited..     03/21/79     06/24/82  47 FR 27268.
Section 1200-3-4-.03.............  Exceptions to Prohibition     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-4-.04.............  Permits for Open Burning.     06/21/79     06/24/82  47 FR 27268.
----------------------------------------------------------------------------------------------------------------
                                  Chapter 1200-3-5 VISIBLE EMISSION REGULATIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-5-.01.............  General Standards........     06/07/92     08/15/97  62 FR 43643.
Section 1200-3-5-.02.............  Exceptions...............     06/07/92     08/15/97  62 FR 43643.
Section 1200-3-5-.03.............  Method of Evaluating and      06/07/92     08/15/97  62 FR 43643.
                                    Recording.
Section 1200-3-5-.04.............  Exemption................     06/07/92     08/15/97  62 FR 43643.
Section 1200-3-5-.05.............  Standard for Certain          06/07/92     08/15/97  62 FR 43643.
                                    Existing Sources.
Section 1200-3-5-.06.............  Wood-Fired Fuel Burning       06/07/92     08/15/97  62 FR 43643.
                                    Equipment.
Section 1200-3-5-.07.............  Repealed.................     06/07/92     08/15/97  62 FR 43643.
Section 1200-3-5-.08.............  Titanium Dioxide (TiO2)       06/07/92     08/15/97  62 FR 43643.
                                    Manufacturing.
Section 1200-3-5-.09.............  Kraft Mill Recovery           06/07/92     08/15/97  62 FR 43643.
                                    Furnaces.
Section 1200-3-5-.10.............  Choice of Visible             06/07/92     08/15/97  62 FR 43643.
                                    Emission Standard for
                                    Certain Fuel Burning
                                    Equipment.
Section 1200-3-5-.11.............  Soda Recovery Boilers....     06/07/92     08/15/97  62 FR 43643.
Section 1200-3-5-.12.............  Coke Battery Underfire        06/07/92     08/15/97  62 FR 43643.'
                                    (combustion) Stacks.
----------------------------------------------------------------------------------------------------------------
                                 Chapter 1200-3-6 NON-PROCESS EMISSION STANDARDS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-6-.01.............  General Non-Process           06/21/79     06/24/82  47 FR 27268.
                                    Emissions.
Section 1200-3-6-.02.............  Non-Process Particulate       09/08/80     06/24/82  47 FR 27268.
                                    Emission Standards.
Section 1200-3-6-.03.............  General Non-Process           06/21/79     06/24/82  47 FR 27268.
                                    Gaseous Emissions.

[[Page 482]]

 
Section 1200-3-6-.04.............  (Deleted)................     06/21/79     06/24/82  47 FR 27268.
Section 1200-3-6-.05.............  Wood-Fired Fuel Burning       05/30/87     11/23/88  53 FR 47530.'
                                    Equipment.
----------------------------------------------------------------------------------------------------------------
                                   Chapter 1200-3-7 PROCESS EMISSION STANDARDS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-7-.01.............  General Process               03/02/79     06/24/82  47 FR 27269.
                                    Particulate Emission
                                    Standards.
Section 1200-3-7-.02.............  Choice of Particulate         04/12/78     06/07/79  44 FR 32681.
                                    Emission Standards--
                                    Existing Process.
Section 1200-3-7-.03.............  New Processes............     06/21/79     06/24/82  47 FR 27269.
Section 1200-3-7-.04.............  Limiting Allowable            03/21/79     06/07/79  44 FR 32681.
                                    Emissions.
Section 1200-3-7-.05.............  Specific Process Emission     06/07/74     06/07/79  44 FR 32681.
                                    Standards.
Section 1200-3-7-.06.............  Standards of Performance      06/07/74     06/07/79  44 FR 32681.
                                    for New Stationary
                                    Sources.
Section 1200-3-7-.07.............  General Provisions and        01/22/82     06/12/96  61 FR 29666.
                                    Applicability for
                                    Process Gaseous Emission
                                    Standards.
Section 1200-3-7-.08.............  Specific Process Emission     09/22/80     01/31/96  61 FR 3318.
                                    Standards.
Section 1200-3-7-.09.............  Sulfuric Acid Mist.......     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-7-.10.............  Grain Loading Limit for       03/21/79     06/24/82  47 FR 27269.
                                    Certain Existing Sources.
Section 1200-3-7-.11.............  Carbon Monoxide, Electric     10/25/79     06/24/82  47 FR 27267.
                                    Arc Furnaces.
Section 1200-3-7-.12.............  Carbon Monoxide,              01/22/82     06/21/82  47 FR 26621.'
                                    Catalytic Cracking Units.
----------------------------------------------------------------------------------------------------------------
                                         Chapter 1200-3-8 FUGITIVE DUST
----------------------------------------------------------------------------------------------------------------
Section 1200-3-8-.01.............  Fugitive Dust............     07/11/80     06/24/82  47 FR 27269.
Section 1200-3-8-.02.............  Special Nonattainment         03/21/79     06/24/82  47 FR 27269'
                                    Area Fugitive Dust
                                    Requirements.
----------------------------------------------------------------------------------------------------------------
                               Chapter 1200-3-9 CONSTRUCTION AND OPERATING PERMITS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-9-.01.............  Construction Permits.....     12/28/96     07/29/97  62 FR 40458.
Section 1200-3-9-.02.............  Operating Permits........     09/21/94     02/13/97  62 FR 6724.
Section 1200-3-9-.03.............  General Provisions.......     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-9-.04.............  Exemptions...............     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-9-.05.............  Appeal of Permit              11/16/79     06/24/82  47 FR 27269.
                                    Application Denials and
                                    Permit Conditions.
----------------------------------------------------------------------------------------------------------------
                          Chapter 1200-3-10 REQUIRED SAMPLING, RECORDING, AND REPORTING
----------------------------------------------------------------------------------------------------------------
Section 1200-3-10-.01............  Sampling Required to          12/14/81     03/19/96  61 FR 11136.
                                    Establish Contaminant
                                    Emission Levels.
Section 1200-3-10-.02............  Monitoring of Source          12/14/81     03/19/96  61 FR 11136.
                                    Emissions, Recording,
                                    Reporting of the Same
                                    are Required.
----------------------------------------------------------------------------------------------------------------
                               Chapter 1200-3-12 METHODS OF SAMPLING AND ANALYSIS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-12-.01............  General..................     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-12-.02............  Procedures for Ambient        01/18/80     06/24/82  47 FR 27270.
                                    Sampling and Analysis.
Section 1200-3-12-.03............  Source Sampling and           08/01/84     03/29/85  50 FR 12539.
                                    Analysis.
Section 1200-3-12-.04............  Monitoring Required for       12/13/82     07/27/84  49 FR 30177.
                                    Determining Compliance
                                    of Certain Large Sources.
----------------------------------------------------------------------------------------------------------------
                                          Chapter 1200-3-13 VIOLATIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-13-.01............  Violation Statement......     06/07/74     06/07/79  44 FR 32681.'
----------------------------------------------------------------------------------------------------------------
                              Chapter 1200-3-14 CONTROL OF SULFUR DIOXIDE EMISSIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-14-.01............  General Provisions.......     08/01/84     04/07/93  58 FR 18011.
Section 1200-3-14-.02............  Non-Process Emission          08/01/84     04/07/93  58 FR 18011.
                                    Standards.
Section 1200-3-14-.03............  Process Emission              03/21/93     03/19/96  61 FR 11136.'
                                    Standards.
----------------------------------------------------------------------------------------------------------------
                                Chapter 1200-3-15 EMERGENCY EPISODE REQUIREMENTS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-15-.01............  Purpose..................     02/09/77     03/29/85  50 FR 12540.
Section 1200-3-15-.02............  Episode Criteria.........     06/26/93     09/15/94  59 FR 47256.
Section 1200-3-15-.03............  Required Emissions            05/15/81     06/24/82  47 FR 27267.'
                                    Reductions.
----------------------------------------------------------------------------------------------------------------
                                  Chapter 1200-3-18 VOLATILE ORGANIC COMPOUNDS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-18-.01............  Definitions..............     06/03/96     08/27/96  61 FR 43972.
Section 1200-3-18-.02............  General Provisions and        02/23/96     07/18/96  61 FR 37387.
                                    Applicability.

[[Page 483]]

 
Section 1200-3-18-.03............  Compliance Certification,     02/08/96     07/18/96  61 FR 37387.
                                    Recordkeeping, and
                                    Reporting Requirements
                                    for Coating and Printing
                                    Sources.
Section 1200-3-18-.04............  Compliance Certification,     02/08/96     07/18/96  61 FR 37387.
                                    Recordkeeping, and
                                    Reporting Requirements
                                    for Non-Coating and Non-
                                    Printing Sources.
Section 1200-3-18-.05............  (Reserved)...............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.06............  Handling, Storage, Use,       06/04/96     08/27/96  61 FR 43972.
                                    and Disposal of Volatile
                                    Organic Compounds (VOC).
Section 1200-3-18-.07............  Source-Specific               05/18/93     02/27/95  60 FR 10504.
                                    Compliance Schedules.
Section 1200-3-18-.08............  (Reserved)...............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.09............  (Reserved)...............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.10............  (Reserved)...............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.11............  Atomobile and Light-Duty      05/18/93     02/27/95  60 FR 10504.
                                    Truck Coating Operations.
Section 1200-3-18-.12............  Can Coating..............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.13............  Coil Coating.............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.14............  Paper and Related Coating     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.15............  Fabric Coating...........     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.16............  Vinyl Coating............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.17............  Coating of Metal              05/18/93     02/27/95  60 FR 10504.
                                    Furniture.
Section 1200-3-18-.18............  Coating of Large              05/18/93     02/27/95  60 FR 10504,
                                    Appliances.
Section 1200-3-18-.19............  Coating of Magnet Wire...     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.20............  Coating of Miscellaneous      02/08/96     07/18/96  61 FR 37387.
                                    Metal Parts.
Section 1200-3-18-.21............  Coating of Flat Wood          02/08/96     07/18/96  61 FR 37387.
                                    Paneling.
Section 1200-3-18-.22............  Bulk Gasoline Plants.....     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.23............  Bulk Gasoline Terminals..     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.24............  Gasoline Dispensing           06/03/96     04/14/97  62 FR 18046.
                                    Facility--Stage I and
                                    Stage II Vapor Recovery.
Section 1200-3-18-.25............  Leaks from Gasoline Tank      05/18/93     02/27/95  60 FR 10504.
                                    Trucks.
Section 1200-3-18-.26............  Petroleum Refinery            05/18/93     02/27/95  60 FR 10504.
                                    Sources.
Section 1200-3-18-.27............  Leaks from Petroleum          05/18/93     02/27/95  60 FR 10504.
                                    Refinery Equipment.
Section 1200-3-18-.28............  Petroleum Liquid Storage      05/18/93     02/27/95  60 FR 10504.
                                    in External Floating
                                    Roof Tanks.
Section 1200-3-18-.29............  Petroleum Liquid Storage      05/18/93     02/27/95  60 FR 10504.
                                    in Fixed Roof Tanks.
Section 1200-3-18-.30............  Leaks from Natural Gas/       05/18/93     02/27/95  60 FR 10504.
                                    Gasoline Processing
                                    Equipment.
Section 1200-3-18-.31............  Solvent Metal Cleaning...     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.32............  Cutback and Emulsified        05/18/93     02/27/95  60 FR 10504.
                                    Asphalt.
Section 1200-3-18-.33............  Manufacture of                02/21/95     07/18/96  61 FR 37387.
                                    Synthesized
                                    Pharaceutical Products.
Section 1200-3-18-.34............  Pneumatic Rubber Tire         05/18/93     02/27/95  60 FR 10504.
                                    Manufacturing.
Section 1200-3-18-.35............  Graphic Arts Systems.....     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.36............  Petroleum Solvent Dry         02/08/96     07/18/96  61 FR 37387.
                                    Cleaners.
Section 1200-3-18-.37............  (Reserved)...............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.38............  Leaks from Synthetic          02/08/96     07/18/96  61 FR 37387.
                                    Organic Chemical,
                                    Polymer, and Resin
                                    Manufacturing Equipment.
Section 1200-3-18-.39............  Manufacture of High-          05/08/97     07/29/97  62 FR 40458.
                                    Density Polyethylene,
                                    Polypropylene, and
                                    Polystyrene Resins.
Section 1200-3-18-.40............  Air Oxidation Processes       05/18/93     02/27/95  60 FR 10504.
                                    in the Synthetic Organic
                                    Chemical Manufacturing
                                    Industry.
Section 1200-3-18-.41............  (Reserved)...............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.42............  Wood Furniture Finishing      04/25/96     07/18/96  61 FR 37387.
                                    and Cleaning Operations.
Section 1200-3-18-.43............  Offset Lithographic           04/22/96     07/18/96  61 FR 37387.
                                    Printing Operations.
Section 1200-3-18-.44............  Surface Coating of            06/03/96     08/27/96  61 FR 43972.
                                    Plastic Parts.
Section 1200-3-18-.45............  Standards of Performance      06/03/96     08/27/96  61 FR 43972.
                                    for Commercial Motor
                                    Vehicle and Mobile
                                    Equipment Refinishing
                                    Operations.
Section 1200-3-18-.48............  Volatile Organic Liquid       06/03/96     08/27/96  61 FR 43972.
                                    Storage Tanks.
Sections 1200-3-18-.49-.77.......  (Reserved)...............     05/18/93     02/27/95  60 FR 10504.
Section 1200-3-18-.78............  Other Facilities That         02/08/96     07/18/96  61 FR 37387.
                                    Emit Volatile Organic
                                    Compounds (VOC's) of
                                    Fifty Tons Per Year.
Section 1200-3-18-.79............  Other Facilities That         02/08/96     07/18/96  61 FR 37387
                                    Emit Volatile Organic
                                    Compounds (VOC's) of One
                                    Hundred Tons Per Year.
Section 1200-3-18-.80............  Test Methods and              05/18/93     02/27/95  60 FR 10504
                                    Compliance Procedures:
                                    General Provisions.
Section 1200-3-18-.81............  Test Methods and              05/08/97     07/29/97  62 FR 40458
                                    Compliance Procedures:
                                    Determining the Volatile
                                    Organic Compound (VOC)
                                    Content of Coatings and
                                    Inks.

[[Page 484]]

 
Section 1200-3-18-.82............  Test Methods and              05/18/93     02/27/95  60 FR 10504
                                    Compliance Procedures:
                                    Alternative Compliance
                                    Methods for Surface
                                    Coating.
Section 1200-3-18-.83............  Test Methods and              05/18/93     02/27/95  60 FR 10504
                                    Compliance Procedures:
                                    Emission Capture and
                                    Destruction or Removal
                                    Efficiency and
                                    Monitoring Requirements.
Section 1200-3-18-.84............  Test Methods and              05/18/93     02/27/95  60 FR 10504
                                    Compliance Procedures:
                                    Determining the
                                    Destruction or Removal
                                    Efficiency of a Control
                                    Device.
Section 1200-3-18-.85............  Test Methods and              05/18/93     02/27/95  60 FR 10504
                                    Compliance Procedures:
                                    Leak Detection Methods
                                    for Volatile Organic
                                    Compounds (VOC's).
Section 1200-3-18-.86............  Performance                   06/03/96     04/14/97  62 FR 18046
                                    Specifications for
                                    Continuous Emission
                                    Monitoring of Total
                                    Hydrocarbons.
Section 1200-3-18-.87............  Quality Control               05/18/93     02/27/95  60 FR 10504
                                    Procedures for
                                    Continuous Emission
                                    Monitoring Systems
                                    (CEMS).
Section 1200-3-18-.88-.99........  (Reserved)...............     05/18/93     02/27/95  60 FR 10504'
----------------------------------------------------------------------------------------------------------------
       Chapter 1200-3-19 EMISSION STANDARDS AND MONITORING REQUIREMENTS FOR PARTICULATE AND SULFUR DIOXIDE
                                               NONATTAINMENT AREAS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-19-.01............  Purpose..................     04/30/96     07/30/97  62 FR 40734
Section 1200-3-19-.02............  General Requirements.....     04/30/96     07/30/97  62 FR 40734
Section 1200-3-19-.03............  Particulate and Sulfur        04/30/96     07/30/97  62 FR 40734
                                    Dioxide Nonattainment
                                    Areas within Tennessee.
Section 1200-3-19-.04............  (Reserved)...............     04/30/96     07/30/97  62 FR 40734
Section 1200-3-19-.05............  Operating Permits and         04/30/96     07/30/97  62 FR 40734
                                    Emission Limiting
                                    Conditions.
Section 1200-3-19-.06............  Logs for Operating Hours.     04/30/96     07/30/97  62 FR 40734
Section 1200-3-19-.07-.10........  (Reserved)...............     04/30/96     07/30/97  62 FR 40734
Section 1200-3-19-.11............  Particulate Matter            04/30/96     07/30/97  62 FR 40734
                                    Emission Regulations for
                                    the Bristol
                                    Nonattainment Area.
Section 1200-3-19-.12............  Particulate Matter            04/30/96     07/30/97  62 FR 40734
                                    Emission Regulations for
                                    Air Contaminant Sources
                                    in or Significantly
                                    Impacting the
                                    Particulate
                                    Nonattainment Areas in
                                    Campbell County.
Section 1200-3-19-.13............  Particulate Emission          04/30/96     07/30/97  62 FR 40734.
                                    Regulations for the Bull
                                    Run Nonattainment Area
                                    and Odoms Bend
                                    Nonattainment Area.
Section 1200-3-19-.14............  Sulfur Dioxide Emission       04/30/96     07/30/97  62 FR 40734.
                                    Regulations for the New
                                    Johnsonville
                                    Nonattainment Area.
Section 1200-3-19-.15............  Particulate Matter            04/30/96     07/30/97  62 FR 40734.
                                    Monitoring Requirements
                                    for Steam Electric
                                    Generating Units in the
                                    Bull Run and Odoms Bend
                                    Nonattainment Areas.
Section 1200-3-19-.16-.18........  (Reserved)...............     04/30/96     07/30/97  62 FR 40734.
Section 1200-3-19-.19............  Sulfur Dioxide                04/30/96     07/30/97  62 FR 40734.
                                    Regulations for the
                                    Copper Basin
                                    Nonattainment Area.
----------------------------------------------------------------------------------------------------------------
               Chapter 1200-3-20 LIMITS ON EMISSIONS DUE TO MALFUNCTIONS, START-UPS, AND SHUTDOWNS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-20-.01............  Purpose..................     02/13/79     02/06/80  45 FR 8004.
Section 1200-3-20-.02............  Reasonable Measures           02/13/79     02/06/80  45 FR 8004.
                                    Required.
Section 1200-3-20-.03............  Notice Required When          12/09/81     06/24/82  47 FR 27272.
                                    Malfunction Occurs.
Section 1200-3-20-.04............  Logs and Reports.........     02/13/79     02/06/80  45 FR 8004.
Section 1200-3-20-.05............  Copies of Log Required...     02/13/79     02/06/80  45 FR 8004.
Section 1200-3-20-.06............  Scheduled Maintenance....     02/13/79     02/06/80  45 FR 8004.
Section 1200-3-20-.07............  Report Required Upon The      02/13/79     02/06/80  45 FR 8004.
                                    Issuance of Notice of
                                    Violation.
Section 1200-3-20-.08............  Special Reports Required.     02/13/79     02/06/80  45 FR 8004.
Section 1200-3-20-.09............  Rights Reserved..........     02/13/79     02/06/80  45 FR 8004.
Section 1200-3-20-.10............  Additional Sources            11/23/79     06/24/82  47 FR 27272.'
                                    Covered.
----------------------------------------------------------------------------------------------------------------
                              Chapter 1200-3-21 GENERAL ALTERNATE EMISSION STANDARD
----------------------------------------------------------------------------------------------------------------
Section 1200-3-21-.01............  General Alternate             01/22/82     06/24/82  47 FR 27272.
                                    Emission Standard.
Section 1200-3-21-.02............  Applicability............     03/22/93     04/18/94  59 FR 18310.'
----------------------------------------------------------------------------------------------------------------

[[Page 485]]

 
                                    Chapter 1200-3-22 LEAD EMISSION STANDARDS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-22-.01............  Definitions..............     03/18/85     08/12/85  50 FR 32412.
Section 1200-3-22-.02............  General Lead Emission         12/05/84     08/12/85  50 FR 32412.
                                    Standards.
----------------------------------------------------------------------------------------------------------------
Section 1200-3-22-.03............  Specific Emission             12/05/84     08/12/85  50 FR 32412.
                                    Standards for Existing
                                    Sources of Lead.
Section 1200-3-22-.04............  Standards for New and         12/05/84     08/12/85  50 FR 32412.
                                    Modified Sources of Lead.
Section 1200-3-22-.05............  Source Sampling and           12/05/84     08/12/85  50 FR 32412.
                                    Analysis.
Section 1200-3-22-.06............  Lead Ambient Monitoring       12/05/84     08/12/85  50 FR 32412.'
                                    Requirements.
----------------------------------------------------------------------------------------------------------------
                                     Chapter 1200-3-23 VISIBILITY PROTECTION
----------------------------------------------------------------------------------------------------------------
Section 1200-3-23-.01............  Purpose..................     12/19/94     07/02/97  62 FR 35681.
Section 1200-3-23-.02............  Definitions..............     12/19/94     07/02/97  62 FR 35681.
Section 1200-3-23-.03............  General Visibility            12/19/94     07/02/97  62 FR 35681.
                                    Protection Standards.
Section 1200-3-23-.04............  Specific Emission             12/19/94     07/02/97  62 FR 35681.
                                    Standards for Existing
                                    Stationary Facilities.
Section 1200-3-23-.05............  Specific Emission             12/19/94     07/02/97  62 FR 35681.
                                    Standards for Existing
                                    Sources.
Section 1200-3-23-.06............  Visibility Standards for      12/19/94     07/02/97  62 FR 35681.
                                    New and Modified Sources.
Section 1200-3-23-.07............  Visibility Monitoring         12/19/94     07/02/97  62 FR 35681.
                                    Requirements.
Section 1200-3-23-.08............  Exemptions from BART          12/19/94     07/02/97  62 FR 35681.'
                                    Requirements.
----------------------------------------------------------------------------------------------------------------
                      Chapter 1200-3-24 GOOD ENGINEERING PRACTICE STACK HEIGHT REGULATIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-24-.01............  General Provisions.......     08/18/86     10/19/88  53 FR 40881.
Section 1200-3-24-.02............  Definitions..............     08/18/86     10/19/88  53 FR 40881.
Section 1200-3-24-.03............  Good Engineering Practice     08/18/86     10/19/88  53 FR 40881.
                                    Stack Height Regulations
                                    Standards.
Section 1200-3-24-.04............  Specific Emission             08/18/86     10/19/88  53 FR 40881.'
                                    Standards.
----------------------------------------------------------------------------------------------------------------
                                        Chapter 1200-3-27 NITROGEN OXIDES
----------------------------------------------------------------------------------------------------------------
Section 1200-3-27-.01............  Definitions..............     06/14/93     07/29/96  61 FR 39326.
Section 1200-3-27-.02............  General Provisions and        04/29/96     07/29/96  61 FR 39326.
                                    Applicability.
Section 1200-3-27-.03............  Standards and                 04/29/96     07/29/96  61 FR 39326.'
                                    Requirements.
----------------------------------------------------------------------------------------------------------------
                      Chapter 1200-3-29 LIGHT-DUTY MOTOR VEHICLE INSPECTION AND MAINTENANCE
----------------------------------------------------------------------------------------------------------------
Section 1200-3-29-.01............  Purpose..................     07/08/94     07/28/95  60 FR 38694.
Section 1200-3-29-.02............  Definitions..............     07/08/94     07/28/95  60 FR 38694.
Section 1200-3-29-.03............  Motor Vehicle Inspection      07/08/94     07/28/95  60 FR 38694.
                                    Requirements.
Section 1200-3-29-.04............  Exemption From Motor          07/08/94     07/28/95  60 FR 38694.
                                    Vehicle Inspection
                                    Requirements.
Section 1200-3-29-.05............  Motor Vehicle Emission        07/08/94     07/28/95  60 FR 38694.
                                    Performance Test
                                    Criteria.
Section 1200-3-29-.06............  Motor Vehicle Anti-           07/08/94     07/28/95  60 FR 38694.
                                    Tampering Test Criteria.
Section 1200-3-29-.07............  Motor Vehicle Emissions       07/08/94     07/28/95  60 FR 38694.
                                    Performance Test Methods.
Section 1200-3-29-.08............  Motor Vehicle Anti-           07/08/94     07/28/95  60 FR 38694.
                                    Tampering Test Methods.
Section 1200-3-29-.09............  Motor Vehicle Inspection      07/08/94     07/28/95  60 FR 38694.
                                    Program.
Section 1200-3-29-.10............  Motor Vehicle Inspection      07/08/94     07/28/95  60 FR 38694.
                                    Fee.
----------------------------------------------------------------------------------------------------------------

    (d) EPA-approved State Source-specific requirements.

                               EPA-Approved Tennessee Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                             State
         Name of Source                Permit No.       effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
Revised Permits for the           n/a.................        05/10/82  12/07/82...........  various permits.
 Kingsport Particulate                                                  47 FR 54936........
 Nonattainment Area.
Union Carbide, Tennessee Eastman  n/a, 011397P........        12/30/86  06/16/87...........  ...................
 Company.                                                               52 FR 22778........

[[Page 486]]

 
Murray Ohio Manufacturing         n/a.................        12/30/86  12/10/87...........  ...................
 Company.                                                               52 FR 46764........
Tennessee Eastman Company.......  n/a.................        01/06/88  10/12/88...........
                                                                        53 FR 39742........
Variance for Averaging Times for  n/a.................        01/06/88  06/23/88...........  5 sources.
 VOC Emission.                                                          53 FR 23624........
Avco Aerostructures.............  n/a.................        02/25/88  01/23/89...........  ...................
                                                                        54 FR 3031.........
Miscellaneous Metal Parts.......  n/a.................        05/16/89  06/28/89...........  14 sources.
                                                                        54 FR 27164........
Nissan Manufacturing Corporation  n/a.................        04/29/91  09/09/91...........  ...................
                                                                        56 FR 45896........
Tenneco Energy..................  045022F, 045025F....        05/31/96  07/24/96...........  ...................
                                                                        61 FR 38391........
Brunswick Marine Corporation....  044881P, 045012P,           05/31/96  07/21/97...........
                                   045013P.                             62 FR 38909........
----------------------------------------------------------------------------------------------------------------

    (e) [Reserved]

[64 FR 35012, June 30, 1999]



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                     I          I       III       III           III
 Intrastate..........................................
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

[[Page 487]]

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 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.

[[Page 488]]

    (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.
    (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

[[Page 489]]

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).
  (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.

[[Page 490]]

    (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 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.

[[Page 491]]

    (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 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.

[[Page 492]]

    (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 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.

                                                                        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.

[[Page 493]]

 
  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).
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.

[[Page 494]]

 
    (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.
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 495]]


                                                                        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.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                        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.

[[Page 496]]

    (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 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)-(c)  [Reserved]

[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; 61 FR 37390, 
July 18, 1996]

[[Page 497]]



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]



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]

[[Page 498]]



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.

----------------------------------------------------------------------------------------------------------------
                                                                      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            d          d          c          c          b          b          d
   Kingsport nonattainment areas
   \1\.............................
  b. Campbell County nonattainment           d          d          c          c          b          b          b
   areas \1\.......................
  c. Anderson/Knox County                    c          d          c          c          b          b          b
   nonattainment area \1\..........
  d. Copperhill nonattainment area           c          c          d          f          b          b          b
   \1\.............................
  e. Knox County nonattainment area          c          c          c          c          b          d          d
   \1\.............................
  f. Bradley County nonattainment            c          c          c          c          b          b          d
   area \1\........................
  g. Roane County nonattainment              c          c          c          c          b          b          d
   area............................
  h. Rest of AQCR..................          c          c          c          c          b          b          b
Tennessee River Valley-Cumberland            c          c          c          c          b          b          b
 Mountains Intrastate..............
Middle Tennessee Intrastate:
  a. Benton/Humphreys County                 c          c          d          d          b          b          c
   nonattainment areas \1\.........
  b. Davidson County nonattainment           d          d          c          c          b          e          d
   area \1\........................
  c. Maury County nonattainment              c          c          b          b          b          b          d
   area \1\........................
  d. Rest of AQCR..................          c          c          b          b          b          b          c
Western Tennessee Intrastate:
  a. Benton/Humphreys County                 c          c          d          d          b          b          b
   nonattainment area \1\..........
  b. Rest of AQCR..................          c          c          b          b          b          b          b
Chattanooga Interstate:
  a. Hamilton County nonattainment           c          c          b          b          b          b          d
   area \1\........................
  b. Rest of AQCR..................          c          c          b          b          b          b          b
Metropolitan Memphis:
  a. Shelby County nonattainment             c          c          b          b          b          e          d
   area \1\........................
  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

[[Page 499]]

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]



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

[[Page 500]]

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 of the requirements of section 175(A) of the CAA.

[60 FR 43020, Aug. 18, 1995]



Sec. 52.2237  NOX RACT and NOX conformity exemption.

    Approval. EPA is approving the section 182(f) oxides of nitrogen 
(NOX) reasonably available control technology (RACT) and 
NOX conformity exemption request submitted by the Tennessee 
Department of Environment and Conservation on March 21, 1995, for the 
five county middle Tennessee (Nashville) ozone moderate nonattainment 
area. This approval exempts the area from implementing federal 
NOX RACT on major sources of NOX and exempts 
Tennessee from NOX conformity. This approval does not exempt 
sources from any State required or State Implementation Plan (SIP) 
approved NOX controls. If a violation of the ozone NAAQS 
occurs in the area, the exemption from the requirement of section 182(f) 
of the CAA in the applicable area shall not apply.

[61 FR 54946, Oct. 23, 1996]



Sec. 52.2239  Original Identification of plan section.

    (a) This section identifies the original ``Tennessee Air Pollution 
Control Implementation Plan'' and all revisions submitted by Tennessee 
that were federally approved prior to December 1, 1998.
    (b) The plan was officially submitted on January 27, 1972.
    (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

[[Page 501]]

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 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

[[Page 502]]

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.
    (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.

[[Page 503]]

    (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.
    (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

[[Page 504]]

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 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.

[[Page 505]]

    (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 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.

[[Page 506]]

    (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.
    (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.

[[Page 507]]

    (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)
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,

[[Page 508]]

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 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.

[[Page 509]]

    (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.
    (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).

[[Page 510]]

    (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.
    (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.

[[Page 511]]

    (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.
    (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]

[[Page 512]]

    (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.
    (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).

[[Page 513]]

    (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.
    (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.

[[Page 514]]

    (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.
    (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.

[[Page 515]]

    (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:
    (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.

[[Page 516]]

    (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.''
    (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.

[[Page 517]]

    (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).
    (2) Section 8-741: Rule 25.2, subparagraph 21.
    (3) Section 8-741: Rule 21, ``Ambient Air Quality Standards.''
    (ii) Other material. None.
    (137) Revisions to the State of Tennessee Air Pollution Control 
Regulations submitted by the Tennessee Department of Environment and 
Conservation on September 1, 1993, and June 10, 1996. These consist of 
revisions to Chapter 1200-3-9-.01  CONSTRUCTION PERMITS.
    (i) Incorporation by reference.
    (A) Chapter 1200-3-9-.01  CONSTRUCTION PERMITS of the Tennessee 
Department of Environment and Conservation which became state effective 
August 18, 1996.
    (ii) Other material. None.
    (138) Revisions to chapter 1200-3-9 ``Construction and Operating 
Permits'' were submitted by the Tennessee Department of Air Pollution 
Control (TDAPC) to EPA on January 17, 1995. Revisions to chapter 1200-3-
18 ``Volatile Organic Compounds'' were submitted by the TDAPC to EPA on 
February 21, 1995, February 8, 1996, February 23, 1996, April 22, 1996, 
and April 25, 1996.
    (i) Incorporation by reference.
    (A) Revisions to the State of Tennessee regulation 1200-3-9 
``Construction and Operating Permits'', subparagraphs 1200-3-9-.01 (6), 
(7), (8), effective on August 15, 1994.
    (B) Revisions to the State of Tennessee regulation by the addition 
of a new rule 1200-3-18-.33 ``Manufacturing of Synthesized 
Pharmaceutical Products'', effective on November 21, 1993.
    (C) Revisions to the State of Tennessee regulation 1200-3-18 
``Volatile Organic Compounds'' rules 1200-3-18-.01, 1200-3-18-.02, 1200-
3-18-.03, 1200-3-18-.04, 1200-3-18-.20, 1200-3-18-.21, 1200-3-18-.36, 
1200-3-18-.38, 1200-3-18-.39 effective on October 9, 1995.
    (D) Revisions to the State of Tennessee regulations effective 
October 25, 1995.
    (1) The addition of a the new rule 1200-3-18-.78 ``Other Facilities 
that Emit Volatile Organic Compounds (VOC's) of Fifty Tons Per Year''.
    (2) Revisions to rule 1200-3-18-.79 ``Other Facilities that Emit 
Volatile Organic Compounds''.
    (E) Revisions to the State of Tennessee regulation by the addition 
of a new rule 1200-3-18-.42 ``Wood Furniture Finishing and Cleaning'', 
effective August 15, 1995.

[[Page 518]]

    (F) Revisions to the State of Tennessee regulation by the addition 
of a new rule 1200-3-18-.43 ``Offset Lithographic Printing Operations'', 
effective October 14, 1995.
    (ii) Other material. None.
    (139) Addition of a new chapter 1200-3-27 ``Nitrogen Oxides'' 
submitted by the Tennessee Department of Air Pollution Control (TDAPC) 
to EPA on June 14, 1993, September 28, 1993, May 26, 1994, July 29, 
1994, February 23, 1996.
    (i) Incorporation by reference.
    (A) Regulation 1200-3-27 ``Nitrogen Oxides'', 1200-3-27-.01; 1200-3-
27-.02; 1200-3-27-.03 (1) introductory sentence, (1)(b), (3) 
introductory sentence, (3)(a), effective as of October 28, 1995.
    (B) Nashville/Davidson County regulation number 14 ``Regulation for 
the Control of Nitrogen Oxides'', Section 14-1; Section 14-2 (b); 
Section 14-4; Section 14-5; adopted on August 10, 1993.
    (ii) Other material. None.
    (140) Permit-by-rule regulations for Knox County Department of Air 
Pollution Control submitted by the Knox County Department of Air 
Pollution Control through the Tennessee Department of Environment and 
Conservation on May 23, 1995 as part of Knox County's portion of the 
Tennessee SIP.
    (i) Incorporation by reference.
    (A) Regulation Section 25.10 of the Knox County portion of the 
Tennessee SIP as adopted by the Knox County Air Pollution Control Board 
on April 12, 1995.
    (ii) Other material. None.
    (141) On November 16, 1994, the State submitted revisions to the 
Nashville/Davidson 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, permit requirements, the Board's 
powers and duties, the variances and hearings procedures, the 
measurement and reporting of emissions, and the testing procedures. 
These revisions incorporate changes to Nashville's Chapter 10.56 which 
are required in the Clean Air Act as amended in 1990 and 40 CFR part 51, 
subpart I.
    (i) Incorporation by reference.
    (A) Code of Laws of the Metropolitan Government of Nashville and 
Davidson County, Tennessee, Chapter 10.56, except Section 10.56.290, Air 
Pollution Control, approved on October 6, 1994, except Section 
10.56.010, definition of ``Regulated Pollutant''; Section 10.56.050, 
paragraphs (C), (D), and (E); Section 10.56.080.
    (ii) Other material. None.
    (142) Addition of two source specific nitrogen oxide (NOx) permits 
for certain engines at Tenneco Energy's Portland facility located in 
Sumner County, Tennessee, submitted by the Tennessee Department of Air 
Pollution Control (TDAPC) to EPA on May 31, 1996.
    (i) Incorporation by reference.
    (A) Operating Permit number 045022F, approved on May 31, 1996, 
except conditions 2, 3, 6, and 7.
    (B) Operating Permit number 045025F, approved on May 31, 1996, 
except conditions 2, 4, and 5.
    (ii) Other material. None.
    (143) Revisions to chapter 1200-3-18 ``Volatile Organic Compounds'' 
were submitted by the Tennessee Department of Air Pollution Control 
(TDAPC) to EPA on June 3, 1996, and June 4, 1996.
    (i) Incorporation by reference.
    (A) Rule 1200-3-18-.01, paragraphs (26) and (87), effective on 
August 10, 1996.
    (B) Rule 1200-3-18-.06 ``Handling, Storage, Use, and Disposal of 
Volatile Organic Compounds (VOCs)'', effective on August 11, 1996.
    (C) Rule 1200-3-18-.44 ``Surface Coating of Plastic Parts'', 
effective on August 10, 1996.
    (D) Rule 1200-3-18-.45 ``Standards of Performance for Commercial 
Motor Vehicle and Mobile Equipment Refinishing Operations'', effective 
on January 17, 1996.
    (E) Rule 1200-3-18-.48 ``Volatile Organic Liquid Storage Tanks'', 
effective on August 2, 1996.
    (ii) Other material. None.
    (144) The maintenance plan and redesignation request for the 
Nashville Area which includes Davidson, Rutherford, Sumner, Williamson, 
and Wilson Counties submitted by the Tennessee Department of Environment 
and Conservation on November 14, 1994, August 9, 1995, and January 19, 
1996, as part of the Tennessee SIP.
    (i) Incorporation by reference.

[[Page 519]]

    The following sections of the document entitled Request for 
Redesignation of the Middle Tennessee Non-attainment Area from Moderate 
Non-attainment to Attainment of the National Ambient Air Quality 
Standard for Ozone and the Maintenance Plan: 2.0 Attainment 
Demonstration; 3.0 Maintenance Demonstration; 4.0 Contingency Plan; and 
Appendix 4 Summaries of Projected Emissions for VOC, NOX, and 
CO adopted on January 10, 1996.
    (ii) Other material. None.
    (145) Revisions to Division Rule 1200--Stationary Sources--General 
Requirements, submitted by the Tennessee Department of Environmental 
Protection on May 3, 1995.
    (i) Incorporation by reference.
    (A) Division of Air Pollution Control Rule 1200-3-9-.02(11)(a), 
effective September 21, 1994.
    (B) Memphis City Code Section 16-77, reference 1200-3-9-.02(11)(a), 
effective October 28, 1994.
    (ii) Other materials. None.
    (146) [Reserved]
    (147) Addition of a new chapter 1200-3-23 ``Visibility Protection'' 
to the Tennessee Air Pollution Control Regulations submitted by the 
Tennessee Department of Environment and Conservation on February 9, 
1993, and December 19, 1994.
    (i) Incorporation by reference.
    (A) Chapter 1200-3-23 ``Visibility Protection,'' effective July 24, 
1994.
    (ii) Other material. None.
    (148) Revisions to the Hamilton County portion of the Tennessee SIP 
that approve the regulations for Hamilton County, the City of 
Chattanooga, and the municipalities of East Ridge, Red Bank, Soddy-
Daisy, Signal Mountain, Lakesite, Walden, Collegedale, Lookout Mountain, 
and Ridgeside--submitted by the Tennessee Department of Environmental 
Protection on December 15, 1995.
    (i) Incorporation by reference.
    (A) Amendments to Sections 2, 3, 4, 6, 8, 12, and 16-19 of the 
regulation known as the ``Hamilton County Air Pollution Control 
Regulation,'' the ``Signal Mountain Air Pollution Control Ordinance,'' 
the ``Lakesite Municipal Code,'' the ``Walden Air Pollution Control 
Ordinance,'' the ``Lookout Mountain Air Pollution Control Ordinance,'' 
and the ``Ridgeside Air Pollution Control Ordinance,'' submitted on 
December 15, 1995 and adopted by Hamilton County on September 6, 1995 
and by the following municipalities: Signal Mountain, adopted on 
December 11, 1995; Lakesite, adopted on November 16, 1995; Walden, 
adopted on December 12, 1995; Lookout Mountain, adopted on November 14, 
1995; and Ridgeside, adopted on April 16, 1996.
    (B) Amendments to Sections 4-2, 4-3, 4-4, 4-6, 4-8, 4-12, 4-16, 4-
17, 4-18, and 4-19 of the ``Chattanooga Air Pollution Control 
Ordinance,'' as submitted on December 15, 1995 and adopted on August 16, 
1995.
    (C) Amendments to Sections 8-702, 8-703, 8-704, 8-706, 8-708, 8-712, 
8-716, 8-717, 8-718, and 8-719 of the ``East Ridge City Code,'' as 
submitted on December 15, 1995 and adopted on September 28, 1995.
    (D) Amendments to Sections 8-302, 8-303, 8-304, 8-306, 8-308, 8-312, 
8-316, 8-317, 8-318, and 8-319 of the ``Red Bank Municipal Code,'' as 
submitted on December 15, 1995 and adopted on November 7, 1995.
    (E) Amendments to Sections 8-102, 8-103, 8-104, 8-106, 8-108, 8-112, 
8-116, 8-117, 8-818, and 8-119 of the ``Soddy-Daisy Municipal Code,'' as 
submitted on December 15, 1995 and adopted on October 5, 1995.
    (F) Amendments to Sections 8-502, 8-503, 8-504, 8-506, 8-508, 5-512, 
8-516, 8-517, 8-518, and 8-519 of the ``Collegedale Municipal Code,'' as 
submitted on December 15, 1995 and adopted on October 2, 1995.
    (ii) Other materials. None.
    (149) On March 4, 1996, the State submitted revisions to the 
Knoxville/Knox County portion of the Tennessee SIP on behalf of 
Knoxville/Knox County. These were revisions to the enforcement authority 
requirements in the Knoxville/Knox County regulations. These revisions 
incorporate changes to Knoxville's Section 30.1 which are required in 
the Clean Air Act as amended in 1990 and 40 CFR part 51, subpart I.
    (i) Incorporation by reference.
    (A) Knox County Air Pollution Control Regulations, Sections 30.1.D, 
30.1.F, and 30.1.G, adopted on January 10, 1996.
    (ii) Other material. None.

[[Page 520]]

    (150) Revisions to chapters 1200-3-9 ``Construction and Operating 
Permits'' and 1200-3-18 ``Volatile Organic Compounds'' were submitted by 
the Tennessee Department of Air Pollution Control (TDAPC) to EPA on June 
3, 1996.
    (i) Incorporation by reference.
    (A) State of Tennessee regulation 1200-3-9 ``Construction and 
Operating Permits'', subpart 1200-3-9-.01(4)(b)(29)(i) effective on 
August 14, 1996.
    (B) State of Tennessee regulation 1200-3-18 ``Volatile Organic 
Compounds'', subparts 1200-3-18-.24(1)(d), 1200-3-18-.24(3)(c)(2)(i) and 
1200-3-18-.86(11)(c) effective August 10, 1996.
    (ii) Other material. None.
    (151) A Revision to Knox County Ozone Maintenance plan and emission 
projections submitted by the Tennessee Department of Environment and 
Conservation on January 18, 1995.
    (i) Incorporation by reference.
    (A) Knox County Ozone Maintenance plan and emission projections 
adopted on November 21, 1994.
    (ii) Other material. None.
    (152) On December 28, 1995, the State submitted revisions to the 
Nashville/Davidson portion of the Tennessee 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. Also included 
was a revision to the regulations for internal combustion engines. These 
revisions incorporate changes to Nashville's Chapter 10.56 which are 
required in the Clean Air Act as amended in 1990 and 40 CFR part 51, 
subpart I.
    (i) Incorporation by reference.
    (A) Code of Laws of the Metropolitan Government of Nashville and 
Davidson County, Tennessee, Chapter 10.56 Air Pollution Control, 
approved on December 14, 1995.
    (I) Section 10.56.010, definitions for ``Potential Emissions,'' 
``Regulated Pollutant,'' and ``Volatile Organic Compound.''
    (II) Section 10.56.040, Paragraph B.
    (III) Section 10.56.050, Paragraphs A and F.
    (IV) Section 110.56.240, Paragraph C.
    (ii) Other material. None.
    (153) Revisions to Nashville/Davidson County portion of the 
Tennessee state implementation plan submitted to EPA by the State of 
Tennessee on December 17, 1993, April 2, 1996, September 18, 1996, and 
November 14, 1996, concerning new source review (NSR), control of 
volatile organic compounds (VOC), and emergency episodes with the 
exception of the revisions to 7-17(c)(4)(ii) and 7-17(c)(4)(iii) which 
were disapproved.
    (i) Incorporation by reference.
    (A) Nashville/Davidson County Air Pollution Control Regulation 
number 3 ``New Source Review'' sections 3-1(y), 3-1(hh), 3-1(jj), and 3-
2(f), effective November 13, 1996.
    (B) Nashville/Davidson County Air Pollution Control Regulation 
number 7 ``Regulation for the Control of Volatile Organic Compounds'' 
sections 7-1(mm), 7-2, 7-4, 7-5, 7-6, 7-7, 7-8, 7-9, 7-10, 7-16(a), 7-
16(c) {except section 7-16(c)(11)}, 7-16(d), 7-17(a)(9), 7-17(c) {except 
7-17(c)(4)(ii), and 7-17(c)(4)(iii)}, 7-20, 7-21, 7-22, 7-23, 7-24, 7-
26, 7-27, and 7-28, effective November 13, 1996.
    (C) Nashville/Davidson County Air Pollution Control Regulation 
number 11 ``Emergency Episode Regulation'' effective November 13, 1996.
    (ii) Other material. None.
    (154) Revisions to Chattanooga/Hamilton County portion of the 
Tennessee state implementation plan submitted to EPA by the State of 
Tennessee on December 11, 1995, and June 26, 1996, regarding nitrogen 
oxides, prevention of significant deterioration (PSD), lead sources, 
stack heights, infectious waste incinerators, and volatile organic 
compound (VOC) reasonably available control technology (RACT) for 
miscellaneous metal parts coaters and synthesized pharmaceutical 
products, and PM10.
    (i) Incorporation by reference.
    (A) Chapter 4, Section 4-13 except (b)(6), and Section 4-41, Rules 
2.4, 2.6, 2.7; 16.5; 18; 20.4(2)d, 21, 25.2(33), 27; 3.5; 8, Table 1; 
9.4, 13.1, and 26.8 of the ``Chattanooga Air Pollution Control 
Ordinance,'' adopted on August 15, 1995.
    (B) Section 13, except (b)(6); Section 41, Rules 2.4, 2.6, 2.7; 
16.5; 18; 20.4(2)d; 21; 24.2(33); 26; 27; 3.5; 8, Table 1; and 13.1; and 
Section 8(f)(4) of the regulation known as the ``Hamilton County Air

[[Page 521]]

Pollution Control Regulation,'' adopted by Hamilton County on September 
6, 1995. The identical regulations were also adopted by the following 
municipalities as part of their air pollution control ordinances: Signal 
Mountain, adopted on December 11, 1995; Walden, adopted on December 12, 
1995; Lookout Mountain, adopted on November 14, 1995; and Ridgeside, 
adopted on April 16, 1996.
    (C) Chapter 7 for Section 8-713, except (b)(6); Section 8-741, Rules 
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); to Chapter 3 for 
Section 8-541, Rule 26; and to Chapter 7, Section 8-741, for Rules 27; 
3.5, 8, Table 1, and 13.1; Section 8-708(f)(4) of the ``East Ridge City 
Code,'' adopted on September 28, 1995.
    (D) Chapter 3: Section 8-313, except (b)(6); Section 8-341, Rules 
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8, 
Table 1; and 13.1; and Section 8-308(f)(4) of the ``Red Bank Municipal 
Code,'' adopted on November 7, 1995.
    (E) Chapter 1: Section 8-113, except (b)(6); Section 8-141, Rules 
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8, 
Table 1, and 13.1; and Section 8-108(f)(4) of the ``Soddy-Daisy 
Municipal Code,'' adopted on October 5, 1995.
    (F) Chapter 3: Section 8-513, except (b)(6); Section 8-541, Rules 
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8, 
Table 1; and 13.1; and Section 8-108(f)(4) of the ``Collegedale 
Municipal Code,'' adopted on October 2, 1995.
    (G) Chapter 3, Section 41, Rules 19; 21; 22; 25.2(21); 26; 27; 3.5; 
8, Table 1; and 13.1; and Section 8(f)(4) of the ``Lakesite Municipal 
Code'' adopted November 16, 1995.
    (H) Chapter 4: Section 4-2; Section 4-41, Rules 19; 21, Table 1; 22; 
25.2; 25.21(6); and 25.27(3) of the ``Chattanooga Air Pollution Control 
Ordinance,'' adopted on May 30, 1989.
    (I) Section 9, Rules 19; 21, Table 1; 22; 25.2; 25.21(6); and 
25.27(3); and Section 16 of the regulation known as the ``Hamilton 
County Air Pollution Control Regulation,'' adopted on June 7, 1989.
    (155) Revisions to Tennessee state implementation plan submitted to 
EPA by the State of Tennessee on April 30, 1996, regarding emission 
standards and monitoring requirements for additional control areas.
    (i) Incorporation by reference.
    Tennessee Division of Air Pollution Control Regulations, Chapter 
1200-3-19, adopted September 7, 1988.
    (ii) Other material. None.
    (156) Addition of six operating permits containing source specific 
VOC RACT requirements for certain VOC sources at Brunswick Marine 
Corporation, Outboard Marine Corporation, and Essex Group Incorporated 
submitted by the Tennessee Department of Environment and Conservation on 
December 20, 1995 and June 3, 1996.
    (i) Incorporation by reference.
    (A) Marine Group Brunswick Corporation operating permit number 
743652P issued February 21, 1996, (conditions number 2, 3, and 18).
    (B) Stratos Boat Incorporated, D.B.A. Javelin Boats operating permit 
number 039845P issued on July 27, 1995, (conditions number 2 and 3), and 
permit number 044881P issued on May 31, 1996, (conditions number 2, 9, 
and 10).
    (C) Essex Group Incorporated operating permit numbers 045011P, 
(conditions 5, 10, 13, and 15), 045012P, (conditions 5, 10, 13, and 15) 
and 045013P, (conditions 5 and 16) issued on May 31, 1996.
    (ii) Other material. None.
    (157) The visible emission chapter revisions to the Tennessee SIP 
which were submitted on October 6, 1994.
    (i) Incorporation by reference.
    (A) Chapter 1200-3-5 Visible Emissions effective on June 7, 1992.
    (ii) Other material. None.
    (158) Addition of supplement C to the ``Guideline on Air Quality 
Models'', correction of conversion factor in the manufacture of high-
density polyethylene, polypropylene and polystyrene resins, and 
clarification for the test method used for determining the VOC content 
of coatings and inks submitted by the Tennessee Department of 
Environment and Conservation on February 27, 1997, and May 8, 1997.
    (i) Incorporation by reference.
    (A) Tennessee regulation 1220-3-9-.01(1)(f) effective December 28, 
1996.
    (B) Tennessee regulations 1200-3-18-.39(5)(a)(2) and 1200-3-
18-.81(2) (a) and (b) effective April 16, 1997.
    (ii) Other material. None.

[[Page 522]]

    (159) The maintenance plan and redesignation request for the Polk 
County area submitted by the Tennessee Department of Environment and 
Conservation on April 17, 1995, as part of the Tennessee SIP.
    (i) Incorporation by reference. The following sections of the 
Tennessee Department of Environment and Conservation Board Order Number 
95-24: VI. Maintenance and contingency plan adopted on April 12, 1995.
    (ii) Other material. None.
    (160) The maintenance plan and redesignation request for the New 
Johnsonville Area which includes that portion of Benton and that portion 
of Humphreys Counties, Tennessee, surrounding TVA's Johnsonville plant 
submitted by the Tennessee Department of Environment and Conservation on 
December 17, 1993, as part of the Tennessee SIP.
    (i) Incorporation by reference. The following sections of the 
Tennessee Department of Environment and Conservation Board Order Number 
93-25: I. Maintenance Plan; and II. Contingency Plan adopted on December 
15, 1993.
    (ii) Other material. None.
    (161) Revisions to the Knox County portion of the Tennessee state 
implementation plan submitted to EPA by the State of Tennessee on 
December 24, 1996 and June 18, 1997, concerning process particulate 
emissions and volatile organic compounds (VOC) were approved.
    (i) Incorporation by reference.
    (A) Section 19.2 of the Knox County Air Pollution Control Regulation 
``Process Particulate Emissions'' effective December 11, 1996.
    (B) Section 46.2.A.34 of the Knox County Air Pollution Control 
Regulation ``Volatile Organic Compounds'' effective June 11, 1997.
    (ii) Other material. None.
    (162) Revisions to the Nashville/Davidson County portion of the 
Tennessee State Implementation Plan submitted to EPA by the State of 
Tennessee on July 23, 1997, concerning regulatory revisions for control 
of volatile organic compounds.
    (i) Incorporation by reference. Regulation No.7, Section 7-16, 
effective July 9, 1997.
    (ii) Other material. None.
    (163) Revisions to the Tennessee Air Pollution Control Regulations 
submitted on May 8, 1997.
    (i) Incorporation by reference.
    Paragraph (1) of Rule 1200-3-18-.83 TEST METHODS AND COMPLIANCE 
PROCEDURES: EMISSION CAPTURE AND DESTRUCTION OR REMOVAL EFFICIENCY AND 
MONITORING REQUIREMENTS effective on April 15, 1997.
    (ii) Other material. None.
    (164) Revisions to the Nashville/Davidson County portion of the 
Tennessee State Implementation Plan submitted to EPA by the State of 
Tennessee on April 7, 1997.
    (i) Incorporation by reference. Chapter 10.56, Sections 10.56.010, 
10.56.080(B), 10.56.160, 10.56.280(D), effective March 12, 1997.
    (ii) Other material. None.
    (165) The revisions to 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 September 18, 1997, and June 30, 1998, as part of 
the Tennessee SIP.
    (i) Incorporation by reference. Non-Regulatory SIP Submittal 
Including I. The 1993 Ozone, Nitrogen Oxides, and Carbon Monoxide 
Triennial Emission Inventory; II. Revisions to the 1990 Base Year 
Inventory; III. Amendments to the CO and O3 Maintenance Plans 
to Specify Conformity Emission Budgets adopted on September 10, 1997.
    (A) Mobile and point source emission budgets volatile organic 
compounds summer season tons per day (PJVCTD3.WK1)
    (B) Mobile and point source emission budgets nitrogen oxides summer 
season tons per day (PJNXTD3.WK1)
    (C) Mobile and point source emission budgets carbon monoxide winter 
season tons per day (PJCOTD3.WK1)
    (D) Mobile and point source emission budgets volatile organic 
compounds summer season tons per day
    (E) Mobile and point source emission budgets nitrogen oxides summer 
season tons per day
    (F) Mobile and point source emission budgets carbon monoxide winter 
season tons per day.

[[Page 523]]

    (ii) Other material. None.

[37 FR 10894, May 31, 1972. Redesignated and amended at 64 FR 35012, 
June 30, 1999]

    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.



                            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.

[[Page 524]]

    (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 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,

[[Page 525]]

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.
    (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),

[[Page 526]]

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 
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),

[[Page 527]]

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 
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

[[Page 528]]

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.
    (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

[[Page 529]]

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 
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.

[[Page 530]]

    (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 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.

[[Page 531]]

    (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 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.

[[Page 532]]

    (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.
    (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),

[[Page 533]]

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) 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-

[[Page 534]]

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 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.

[[Page 535]]

    (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.
    (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.

[[Page 536]]

    (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.
    (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,

[[Page 537]]

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.
    (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)

[[Page 538]]

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 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),

[[Page 539]]

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), 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),

[[Page 540]]

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), 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)-(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.
    (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,

[[Page 541]]

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.
    (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.

[[Page 542]]

    (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 ``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

[[Page 543]]

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.
    (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.
    (98)-(99)  [Reserved]
    (100) A revision to the Texas State Implementation Plan (SIP) to 
adopt an

[[Page 544]]

alternate control strategy for the surface coating processes at the Bell 
Helicopter Textron, Incorporated (Bell) Plant 1 Facility.
    (i) Incorporation by reference.
    (a) Texas Natural Resource Conservation Commission Agreed Order for 
Docket No. 95-1642-SIP, issued and effective April 2, 1996, for Bell's 
Plant 1 facility.
    (b) A letter from the Governor of Texas dated April 18, 1996, 
submitting to the EPA the Agreed Order and the site-specific SIP 
revision for Bell.
    (ii) Additional material.
    (a) The site-specific revision to the Texas State Implementation 
Plan for Bell, dated January 16, 1996.
    (b) The alternate reasonably available control technology 
demonstration prepared by Bell, dated December 1995.
    (101) Revisions to Texas Natural Resource Conservation Commission 
Regulation II and the Texas State Implementation Plan concerning the 
Control of Air Pollution from Sulfur Compounds, submitted by the 
Governor by cover letters dated October 15, 1992 and September 20, 1995. 
These revisions relax the SO2 limit from 3.0 lb/MMBtu to 4.0 
lb/MMBtu, and include Agreed Order No. 95-0583-SIP, which stipulates 
specific SO2 emission limit compliance methodologies for the 
Aluminum Company of America, located in Rockdale, Texas.
    (i) Incorporation by reference.
    (A) Texas Natural Resource Conservation Commission Agreed Order No. 
95-0583-SIP, approved and effective on August 23, 1995.
    (B) Revisions to 30 TAC Chapter 112, Section 112.8 `Allowable 
Emission Rates from Solid Fossil Fuel-Fired Steam Generators,' 
Subsections 112.8(a) and 112.8(b) as adopted by the Texas Air Control 
Board on September 18, 1992, and effective on October 23, 1992.
    (ii) Additional material.
    (A) The State submittal entitled, ``Revisions to the State 
Implementation Plan Concerning Sulfur Dioxide in Milam County,'' dated 
July 26, 1995, including Appendices G-2-1 through G-2-6.
    (B) The document entitled Dispersion Modeling Analysis of ALCOA 
Rockdale Operations, Rockdale, Texas, dated April 28, 1995 (document No. 
1345-05).
    (102) The Governor of Texas submitted on August 31, 1993, and July 
12, 1995, revisions to the Texas State Implementation Plan for 
Prevention of Significant Deterioration adopted by TACB on August 16, 
1993, and by Texas Natural Resource Conservation Commission (TNRCC) on 
March 1, 1995. The revisions adopted on August 16, 1993, were a 
comprehensive recodification of and revisions to the existing 
requirements. The revision adopted on March 1, 1995, amended the 
recodified Section 116.160(a) to incorporate the PM-10 PSD increments.
    (i) Incorporation by reference.
    (A) TACB Board Order Number 93-17, as adopted by TACB on August 16, 
1993.
    (B) Recodified and revised Regulation VI--Control of Air Pollution 
by Permits for New Construction or Modification, as adopted by TACB on 
August 16, 1993, Repeal of 31 TAC Sections 116.3(a)(9), 116.3(a)(11), 
116.3(a)(12), 116.3(14), and 116.11(b) (1)-(4); New Sections 116.160 
introductory paragraph, 116.160 (a)-(d), 116.161, 116.162 introductory 
paragraph, 116.162 (1)-(4), 116.163 (a)-(e) and 116.141 (a),(c)-(e).
    (C) Revisions to Regulation VI--Control of Air Pollution by Permits 
for New Construction or Modification: as adopted by Texas Natural 
Resource Conservation Commission (TNRCC) on August 16, 1993. New Section 
116.010, definition of de minimis impact.
    (D) Revision to General Rules, as adopted by Texas Natural Resource 
Conservation Commission (TNRCC) on August 16, 1993, Repeal Section 101.1 
definition of de minimis impact.
    (E) Texas Natural Resource Conservation Commission (TNRCC) 
Commission Order Docket Number 95-0276-RUL, as adopted by Texas Natural 
Resource Conservation Commission (TNRCC) on March 1, 1995.
    (F) Revision to Regulation VI--Control of Air Pollution by Permits 
for New Construction or Modification, revised 30 TAC Section 116.160(a), 
as adopted by Texas Natural Resource Conservation Commission (TNRCC) on 
March 1, 1995.
    (103) Revisions to the Texas SIP addressing VOC RACT Negative 
Declarations. A revision to the Texas SIP was submitted on January 10, 
1996, which

[[Page 545]]

included negative declarations for various categories. Section 172(c)(1) 
of the Clean Air Act Amendments of 1990 requires nonattainment areas to 
adopt, at a minimum, the reasonably available control technology (RACT) 
to reduce emissions from existing sources. Pursuant to section 182(b)(2) 
of the Act, for moderate and above ozone nonattainment areas, the EPA 
has identified 13 categories for such sources and developed the Control 
Technique Guidelines (CTGs) or Alternate Control Techniques (ACTs) 
documents to implement RACT at those sources. When no major volatile 
organic compound (VOC) sources for a source category exist in a 
nonattainment area, a State may submit a negative declaration for that 
category. Texas submitted negative declarations for the areas and source 
categories listed in this paragraph (c)(103). For the Beaumont/Port 
Arthur region, negative declarations were submitted for the following 
eight categories: clean-up solvents, aerospace coatings, shipbuilding 
and repair, wood furniture, plastic part coatings-business machines, 
plastic part coatings-others, autobody refinishing, and offset 
lithography. For Dallas/Fort Worth, negative declarations were submitted 
for six categories: industrial wastewater, clean-up solvents, 
shipbuilding and repair, autobody refinishing, plastic part coatings-
business machines, and offset lithography. For the Houston/Galveston 
area, negative declarations were submitted for seven categories: clean-
up solvents, aerospace coatings, wood furniture, plastic part coatings-
business machines, plastic part coatings-others, autobody refinishing, 
and offset lithography. For El Paso, negative declarations were 
submitted for nine categories: industrial wastewater, clean-up solvents, 
aerospace coatings, shipbuilding and repair, wood furniture, plastic 
part coatings-business machines, plastic part coatings-others, autobody 
refinishing, and offset lithography. This submittal satisfies section 
182(b)(2) of the Clean Air Act Amendments of 1990 for these particular 
CTG/ACT source categories for the Texas ozone nonattainment areas stated 
in this paragraph (c)(103).
    (i) Incorporation by reference. The letter dated January 10, 1996, 
from the Governor of Texas to the Regional Administrator, submitting the 
Post-1996 Rate of Progress Plan as a revision to the SIP, which included 
VOC RACT negative declarations.
    (ii) Additional material. Pages 53, 55 through 59, 61, 63, and 64 of 
the Post-1996 Rate of Progress Plan, adopted by the Texas Natural 
Resource Conservation Commission on December 13, 1995.
    (104) Revisions to the Texas State Implementation Plan, submitted to 
the EPA in letters dated November 13, 1993, May 9, 1994, August 3, 1994, 
and November 14, 1994. These control measures can be found in the 15 
Percent Plans for the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso 
and Houston/Galveston ozone nonattainment areas. These control measures 
are being approved for the purpose of strengthening of the SIP.
    (i) Incorporation by reference.
    (A) Revisions to the General Rules as adopted by the Texas Natural 
Resource Conservation Commission on November 10, 1993; Section 101.1--
New Definitions for Alcohol Substitutes (used in offset lithographic 
printing), Automotive basecoat/clearcoat system (used in automobile 
refinishing), Automotive precoat (used in automobile refinishing), 
Automotive pretreatment (used in automobile refinishing), Automotive 
sealers (used in automobile refinishing), Automotive specialty coatings 
(used in automobile refinishing), Automotive three-stage system (used in 
automobile refinishing), Batch (used in offset lithographic printing), 
Cleaning solution (used in offset lithographic printing), Fountain 
Solution (used in offset lithographic printing), Hand-held lawn and 
garden and utility equipment, Heatset (used in Offset lithographic 
Printing), HVLP spray guns, Industrial Solid Waste introductory 
paragraph and (A)-(C), Lithography (used in offset lithographic 
printing), Marine terminal, Marine vessel, Municipal solid waste 
facility, Municipal solid waste landfill, Municipal solid waste landfill 
emissions, Non-heatset (used in offset lithographic printing), Offset 
lithography, Sludge, Solid waste introductory paragraph and (A)-(C), 
Synthetic

[[Page 546]]

Organic Chemical Manufacturing Industry batch distillation operation, 
Synthetic Organic Chemical Manufacturing Industry batch process, 
Synthetic Organic Chemical Manufacturing Industry distillation 
operation, Synthetic Organic Chemical Manufacturing Industry 
distillation unit, Synthetic Organic Chemical Manufacturing Industry 
reactor process, Transport vessel, Utility engines, Vapor recovery 
system, VOC introductory paragraph and (A)-(D).
    (B) Revisions to Regulation V, as adopted by the Commission on 
November 10, 1993; Section 115.010. new definitions for Alcohol 
substitutes (used in offset lithographic printing), Automotive basecoat/
clearcoat system (used in automobile refinishing), Automotive precoat 
(used in automobile refinishing), Automotive pretreatment (used in 
automobile refinishing), Automotive sealers (used in automobile 
refinishing), Automotive specialty coatings (used in automobile 
refinishing), Automotive three-stage system (used in automobile 
refinishing), Batch (used in offset lithographic printing), Cleaning 
solution (used in offset lithographic printing), Fountain Solution (used 
in offset lithographic printing), Hand-held lawn and garden and utility 
equipment, Heatset (used in Offset lithographic Printing), High-volume 
low-pressure spray guns, Industrial solid waste introductory paragraph 
and (A)-(C), Leakless Valve, Lithography (used in offset lithographic 
printing) Marine terminal, Marine vessel, Municipal solid waste 
facility, Municipal solid waste landfill, Municipal solid waste landfill 
emissions, Non-heatset (used in offset lithographic printing), Offset 
lithography, Owner or operator of a motor vehicle dispensing facility 
(as used in Secs. 115.241-115.249 of this title, relating to Control of 
Vehicle Refueling Emissions (Stage II) at Motor Fuel Dispensing 
Facilities), Sludge, Solid waste introductory paragraph and (A)-(C), 
Synthetic Organic Chemical Manufacturing Industry batch distillation 
operation, Synthetic Organic Chemical Manufacturing Industry batch 
process, Synthetic Organic Chemical Manufacturing Industry distillation 
operation, Synthetic Organic Chemical Manufacturing Industry 
distillation unit, Synthetic Organic Chemical Manufacturing Industry 
reactor process, Transport vessel, Utility Engines, Vapor recovery 
system, Volatile Organic Compound introductory and (A)-(D). Revised 
sections 115.121(a)(1), 115.121(a)(2), 115.121(a)(3), 115.121(a)(4), 
115.122(a)(2), 115.122(a)(3), 115.122(a)(3)(A), 115.122(a)(3)(B), 
115.123(a), 115.123(a)(1), 115.123(a)(2), 115.126(a)(1), 
115.126(a)(1)(C), 115.126(b)(1)(C), 115.127(a)(1), 115.127(a)(2), 
115.127(a)(3), 115.127(a)(4), 115.127(a)(5), 115.127(a)(5)(A), 
115.127(a)(5)(B), 115.127(a)(5)(C), 115.129(a)(1), 115.129(a)(2), 
115.129(a)(3), 115.129(a)(4), 115.152(a)(2), 115.152(a)(2)(A)-
115.152(a)(2)(C), 115.152(a)(3), 115.152(b), 115.152(b)(1), 
115.152(b)(2), 115.152(b)(3), 115.155 introductory paragraph, 
115.155(1), 115.155(4), 115.155(5), 115.155(6), 115.155(7), 115.155(9), 
115.156(1), 115.156(3), 115.156(3)(B), 115.156(3)(C), 
115.156(3)(D),115.156(3)(D)(i)-115.156(3)(D)(iii), 115.156(3)(E), 
115.156(3)(E)(i), 115.156(3)(E)(ii), 115.211(a)(1), 115.211(b), 
115.212(a)(1), 115.212(a)(2), 115.212(a)(3), 115.212(a)(4), 
115.212(a)(5)(A), 115.212(a)(5)(A)(i), 115.212(a)(5)(A)(ii), 
115.212(a)(5)(B), 115.212(a)(6), 115.212(a)(7), previously approved 
115.212(a)(4)(A) now redesignated 115.212(a)(8)(A), 115.212(a)(8)(B), 
115.212(a)(8)(C), 115.212(a)(9)(A)-115.212(a)(9)(D), 115.212(a)(10)(A), 
115.212(a)(10)(B), 115.212(b), 115.212(b)(1), 115.212(b)(2), 
115.212(b)(3),115.212(b)(3)(A), 115.212(b)(3)(A)(i), 
115.212(b)(3115.217(a)(11)(B) (note that 115.217(a)(11)(A) and 
115.217(a)(11)(B) were moved to 115.217(a)(9)(A) and 115.217(a)(9)(B) in 
the May 9, 1994 adoption without revisions, 115.217(b)(1), 
115.217(b)(2)(A)-115.217(b)(2)(C), 115.217(b)(3), 115.217(b)(4), 
115.217(b)(4)(A)-115.217(b)(4)(C), 115.217(b)(5), 115.217(b)(5)(A), 
115.217(b)(5)(B), 115.217(c)(1), 115.217(c)(2)(A)-115.217(c)(2)(C), 
115.217(c)(3), 115.217(c)(4), 115.217(c)(4)(A)-115.217(c)(4)(C), 
115.217(c)(5), 115.217(c)(5)(A), 115.217(c)(5)(B), 115.219(b), 
115.222(1), 115.222(5), 115.222(6), 115.222(7), 115.222(8), 115.222(9), 
115.222(10), 115.222(11), 115.226 introductory paragraph, 115.226(1), 
115.226(2), 115.226(2)(A), 115.226(2)(B), 115.227(1), 115.227(2), 
115.227(3),

[[Page 547]]

115.227(3)(A), 115.227(3)(B), 115.229(a), 115.229(b), 115.229(c), 
115.229(c)(1), 115.229(c)(2), 115.234 introductory paragraph, 
115.234(1), 115.234(2), 115.235(1), 115.235(4), 115.236 introductory 
paragraph, 115.236(1), 115.237(1), 115.237(2), 115.237(3), 115.239(a), 
115.239(b), 115.242(1), 115.242(1)(A), 115.242(1)(B), 115.242(2), 
115.242(2)(A)-115.242(2)(F), 115.242(3), 115.242(3)(A), 115.242(3)(B), 
115.242(3)(C), 115.242(3)(C)(i)-115.242(3)(C)(iii), 115.242(3)(D)-
115.242(3)(K), 115.242(4), 115.242(5), 115.242(6), 115.242(7), 
115.242(8), 115.242(9), 115.242(9)(A)-115.242(9)(C), 115.242(10), 
115.242(10)(A), 115.242(10)(B), 115.242(11), 115.242(12), 
115.242(12)(A)-115.242(12)(C), 115.243 introductory paragraph, 
115.243(1), 115.243(2), 115.244 introductory paragraph, 115.244(1), 
115.244(2), 115.244(3), 115.244(4), 115.245 introductory paragraph, 
115.245(1), 115.245(1)(A), 115.245(1)(A)(i)-115.245(1)(A)(iv), 
115.245(1)(B), 115.245(1)(C), 115.245(1)(D), 115.245(2), 
115.245(3),115.245(3)(A)-115.245(3)(C), 115.245(4), 115.245(5), 
115.245(5)(A), 115.245(5)(B), 115.245(6), 115.246(1), 115.246(2), 
115.246(3), 115.246(4), 115.246(5), 115.246(6), 115.246(7), 
115.246(7)(A), 115.246(7)(B), 115.247(2), 115.248(1), 115.248(1)(A), 
115.248(1)(B), 115.248(3), 115.248(3)(A)-115.248(3)(E), 115.248(4), 
115.248(4)(A), 115.248(4)(B), 115.248(4)(B)(i), 115.248(4)(B)(ii), 
115.249(1), 115.249(2),115.249(3), 115.249(4), 115.324(a)(8)(A)(iii), 
115.334(3)(A)(iii). New sections 115.352, 115.353, 115.354, 115.355, 
115.356, 115.357, and 115.359. Revised sections 115.421(a)(8)(B), 
115.421(a)(8)(B)(i), 115.421(a)(8)(C), 115.421(a)(8)(C)(i)-
115.421(a)(8)(C)(ix), 115.421(a)(8)(D), 115.421(a)(11), 115.422 
introductory paragraph, 115.422(1), 115.422(2), 115.426(a)(1)(B), 
115.426(a)(2)(A)(iii), 115.426(b)(1)(B), 115.426(b)(2)(A)(iii), 
115.427(a)(1)(B), 115.427(a)(2), 115.427(a)(3), 115.427(a)(4), 
115.427(a)(4)(A)-115.427(a)(4)(E), 115.427(a)(5), 115.427(a)(6), 
deletion of 115.427(a)(7), 115.429(a), 115.429(b), 115.429(c). New 
Subchapter E: Offset Lithography, sections 115.442, 115.443, 115.445, 
115.446, 115.449, and new Subchapter F: Miscellaneous Industrial 
Sources, Degassing or Cleaning of Stationary and Transport Vessels, 
sections 115.541, 115.542, 115.543, 115.544, 115.545, 115.546, 115.547, 
115.549. Revised sections 115.910(b), 115.930, 115.932, 115.940. New 
Subchapter J: Administrative Provisions, Standard Permits, section 
115.950.
    (C) Texas Natural Resources Conservation Commission Order No. 93-20 
as adopted November 10, 1993.
    (D) Revisions to the General Rules as adopted by the Commission on 
May 4, 1994; 101.1 new definitions for Alcohol (used in offset 
lithographic printing), Bakery oven, Clear coat (used in wood parts and 
products coating), Clear sealers (used in wood parts and products 
coating), Final repair coat (used in wood parts and products coating), 
Opaque ground coats and enamels (used in wood parts and products 
coating), Semitransparent spray stains and toners (used in wood parts 
and products coating), Semitransparent wiping and glazing stains (used 
in wood parts and products coating), Shellacs (used in wood parts and 
products coating), Surface coating processes (M) Wood parts and Products 
Coating, Topcoat (used in wood parts and products coatings), Varnishes 
(used in wood parts and products coatings, Wash coat (used in wood parts 
and products coating).
    (E) Revisions to Regulation V as adopted by the Commission on May 4, 
1994; 115.10 new Definitions for Alcohol (used in offset lithographic 
printing), Bakery oven, Clear coat (used in wood parts and products 
coating), Clear sealers (used in wood parts and products coating), 
Continuous monitoring, Final repair coat (used in wood parts and 
products coating), Leak-free marine vessel, Marine loading facility, 
Marine terminal, Opaque ground coats and enamels (used in wood 
par115.541(b)(2), 115.541(b)(3), 115.541(b)(4), 115.541(b)(5), 
115.542(a), 115.543, 115.544 introductory paragraph, 115.545 
introductory paragraph, 115.546 introductory paragraph, 115.547 
introductory paragraph, 115.549(a), 115.549(b), 115.549(c), new sections 
115.552, 115.553, 115.555, 115.556, 115.557, 115.559, repeal of sections 
115.612, 115.613, 115.614, 115.615, 115.617, 115.619, new sections 
115.600, 115.610, 115.612, 115.613, 115.614, 115.615, 115.616, 115.617, 
and 115.619.
    (F) Texas Natural Resource Conservation Commission Order No. 94-06 
as adopted May 4, 1994.
    (G) Revision to Regulation V as adopted by the Commission on July 
13,

[[Page 548]]

1994; new sections 115.901, 115.910, 115.911, 115.912, 115.913, 115.914, 
115.915, 115.916, 115.920, 115.923.
    (H) Texas Natural Resource Conservation Commission Order No. 94-26 
as adopted July 13, 1994.
    (I) Texas Natural Resource Conservation Commission Order No. 94-
0676-SIP as adopted November 9, 1994.
    (ii) Additional material.
    (A) Appendix A of the Revision to the Texas SIP adopted by the 
Commission on November 9, 1994 concerning alternate means of control.
    (105) Revisions to the Texas State Implementation Plan, submitted to 
EPA in letters dated January 11, 1995; July 12, 1995; November 10, 1995; 
January 10, 1996; March 13, 1996; August 9, 1996 and May 21, 1997. 
Sections 115.122(a)(3), 126(a)(4), 126(a)(5), 127(a)(5) and 129(2)-
129(5) pertaining to bakeries, 115.140-115.149 pertaining to Industrial 
Wastewater, 115.421(a)(13) pertaining to wood coating, and 115.152-
115.159 pertaining to municipal waste landfills retain their limited 
approval as revised in these SIP revisions because they strengthen the 
SIP. All other sections of these SIP revisions receive full approval.
    (i) Incorporation by Reference.
    (A) Revisions to the General Rules as adopted by the Texas Natural 
Resources Conservation Commission (Commission) on January 4, 1995, 
effective January 27, 1995, Section 101.10(a)(1).
    (B) Revisions to Regulation V, as adopted by the Commission on 
January 4, 1995, effective on January 27, 1995, Sections 115.112(c), 
115.112(c)(2)(A), 115.112(c)(3), 115.113(a), 115.113(b), 115.113(c), 
115.115(a)(7), 115.115(b)(7), 115.116(a)(2), 115.116(a)(2)(A)-
115.116(a)(2)(J), 115.117(c), 115.119 introductory paragraph, 
115.121(b), 115.122(a)(4)(B), 115.123(a)(1), 115.127(a)(5)(C), 
115.127(b)(2)(A), 115.127(b)(2)(B), 115.143 introductory paragraph, 
115.147(6), 115.149(a), 115.149(b), 115.159(a), 115.219(c).
    (C) Certification dated January 4, 1995 that copies of revisions to 
General Rules and Regulation V adopted by the Commission on January 4, 
1995, and submitted to EPA on January 11, 1995, are true and correct 
copies of documents on file in the permanent records of the Commission.
    (D) Revisions to Regulation V, as adopted by the Commission on May 
24, 1995, effective June 16, 1995, Sections 115.212(a)(1), 
115.212(a)(2), 115.212(a)(5)(A)(i), 115.212(a)(5)(A)(ii), 
115.212(a)(5)(C), 115.212(a)(5)(C)(i), 115.212(a)(5)(C)(ii), 
115.212(a)(5)(D), 115.212(a)(10)(C), 115.212(a)(10)(C)(i), 
115.212(a)(10)(C)(ii), 115.212(a)(12)(B), 115.212(b)(1), 
115.212(b)(3)(A), 115.212(b)(3)(A)(i), 115.212(b)(3)(A)(ii), 
115.212(b)(3)(C), 115.212(c)(1), 115.212(c)(2), 115.212(c)(3)(A), 
115.212(c)(3)(A)(i), 115.212(c)(3)(A)(ii), 115.212(c)(3)(C), 115.213(a), 
115.213(b), 115.213(c), 115.214(a)(3), 115.214(a)(4), 115.214(a)(4)(A)-
115.214(a)(4)(E), 115.214(a)(5), 115.215(a)(7), 115.215(b)(7), 
115.216(a)(3)(A), 115.215(a)(3)(B), 115.216(a)(4)(A), 115.216(a)(4)(B), 
115.216(a)(5)(A), 115.216(a)(6)(C), 115.217(a)(3), 115.217(a)(4), 
115.217(a)(6)(A)-115.217(a)(6)(D), 115.217(b)(2), 115.217(b)(4), 
115.217(b)(4)(D), 115.217(b)(5)(C), 115.217(c)(2), 115.217(c)(4)(D), 
115.217(c)(5)(C), 115.219 introductory paragraph, 115.219(1), 
115.219(2), 115.219(3), 115.219(4), 115.219(5).
    (E) Certification dated May 24, 1995, that the copy of revisions to 
Regulation V adopted by the Commission on May 24, 1995, and submitted to 
EPA on July 12, 1995, is a true and correct copy of the document on file 
in the permanent records of the Commission.
    (F) Revisions to Regulation V, as adopted by the Commission on 
October 25, 1995, effective November 20, 1995, Sections 115.131(a), 
115.131(c), 115.132(c), 115.133(a), 115.133(b), 115.133(c), 115.135(a), 
115.135(a)(5), 115.135(b), 115.135(b)(5), 115.137(a)(1), 115.137(a)(2), 
115.137(a)(3), 115.137(c), 115.137(c)(4), 115.139 introductory 
paragraph.
    (G) Certification dated October 25, 1995, that the copy of revisions 
to Regulation V adopted by the Commission on October 25, 1995, and 
submitted to EPA on November 10, 1995, is a true and correct copy of the 
document on file in the permanent records of the Commission.
    (H) Revisions to Regulation V, as adopted by the Commission on 
December 6, 1995, effective December 28, 1995, Section 115.612(a)(1) 
(Table III).

[[Page 549]]

    (I) Certification dated December 6, 1995, that the copy of revisions 
to Regulation V adopted by the Commission on December 6, 1995, and 
submitted to EPA on March 13, 1996, is a true and correct copy of the 
document on file in the permanent records of the Commission.
    (J) Revisions to the General Rules as adopted by the Texas Natural 
Resource Conservation Commission on February 14, 1996, effective March 
7, 1996, Section 101.1, definitions of Automotive basecoat/clearcoat 
system (used in vehicle refinishing (body shops)), Automotive precoat 
(used in vehicle refinishing (body shops)), Automotive pretreatment 
(used in vehicle refinishing (body shops)), Automotive primer or primer 
surfacers (used in vehicle refinishing (body shops)), Automotive sealers 
(used in vehicle refinishing (body shops)), Automotive specialty 
coatings (used in vehicle refinishing (body shops)), Automotive three-
stage system (used in vehicle refinishing (body shops)), Automotive 
wipe-down solutions (used in vehicle refinishing (body shops)), Cold 
solvent cleaning, Conveyorized degreasing, Gasoline bulk plant, Gasoline 
terminal, High-bake coatings, Low-bake coatings, Mechanical shoe seal, 
Open-top vapor degreasing, Remote reservoir cold solvent cleaning, 
Vehicle refinishing (body shops), Volatile organic compound.
    (K) Revisions to Regulation V, as adopted by the Commission on 
February 14, 1996, effective March 7, 1996, Section 115.1, definitions 
of Automotive basecoat/clearcoat system (used in vehicle refinishing 
(body shops)), Automotive precoat (used in vehicle refinishing (body 
shops)), Automotive pretreatment (used in vehicle refinishing (body 
shops)), Automotive primer or primer surfacers (used in vehicle 
refinishing (body shops)), Automotive sealers (used in vehicle 
refinishing (body shops)), Automotive specialty coatings (used in 
vehicle refinishing (body shops)), Automotive three-stage system (used 
in vehicle refinishing (body shops)), Automotive wipe-down solutions 
(used in vehicle refinishing (body shops)), Cold solvent cleaning, 
Conveyorized degreasing, External floating roof, Gasoline bulk plant, 
Gasoline terminal, High-bake coatings, Internal floating cover, Low-bake 
coatings, Mechanical shoe seal, Open-top vapor degreasing, Remote 
reservoir cold solvent cleaning, Vehicle refinishing (body shops), 
Volatile organic compound, sections 115.112(a)(2), 115.112(a)(2)(A), 
115.112(a)(2)(B), 115.112(a)(2)(D), 115.112(b)(2), 115.112(b)(2)(A), 
115.112(b)(2)(B), 115.112(b)(2)(D), new 115.114, 115.116(a)(1), 
115.116(b)(1), 115.117(a)(1), 115.117(a)(4), 115.117(a)(6), 
115.116(a)(6)(A), 115.117(a)(7), 115.117(a)(7)(A), 115.117(b)(1), 
115.117(b)(4), 115.117(b)(6)(A), 115.117(b)(7)(A), 115.117(c), 
115.117(c)(1), 115.121(a)(1)-115.121(a)(4), 115.121(c), 115.122(a)(1)-
115.122(a)(3), 115.122(a)(3)(C), 115.122(a)(3)(D), 115.122(c), 
115.123(c), 115.126(a)(1), 115.126(a)(5), 115.126(a)(5)(A), 
115.127(a)(1), 115.127(a)(2), 115.127(a)(2)(A)-115.127(a)(2)(E), 
115.127(a)(3), 115.127(a)(3)(A)-115.127(a)(3)(C), 115.127(a)(4), 
115.127(a)(4)(A)-115.127(a)(5)(E), 115.127(a)(5), 115.127(a)(6), 
115.127(a)(7), 115.127(b)(2), 115.127(b)(3), 115.127(b)(4), 115.127(c), 
115.127(c)(2)(B), 115.127(c)(3), 115.127(c)(4), 115.129(1)-115.129(5), 
115.212(a)(11), 115.219 introductory paragraph, 115.219(5), 
115.219(5)(A)-115.219(5)(C), 115.412(a), 115.413(a), 115.413(b), 
115.416(a), 115.417(a)(3), 115.417(a)(4), 115.417(b)(5), 115.419 
introductory paragraph, 115.421(a), 115.421(a)(1)-115.421(a)(8), 
115.421(a)(8)(B), 115.421(a)(8)(B)(i)-115.421(a)(8)(B)(ix), 
115.421(a)(8)(C), 115.421(a)(9)(A)(i)-115.421(a)(9)(A)(v), 
115.421(a)(12)(A), 115.421(a)(12)(A)(i), 115.421(a)(12)(A)(ii), 
115.421(b), 115.421(b)(1)-115.421(b)(8), 115.421(b)(8)(A), 
115.421(b)(8)(A)(i)-115.421(b)(8)(A)(iv), 115.422(1), 115.422(2), 
115.423(a)(1), 115.423(a)(2), 115.423(b), 115.423(b)(1), 115.423(b)(2), 
115.423(b)(4), 115.425(a)(1)(C), 115.425(b)(1)(C), 115.426(a)(1)(B), 
115.427(a)(1)(A)-115.427(a)(1)(D), 115.427(a)(3), 115.427(a)(5), 
115.427(b)(2), 115.427(b)(2)(B)-115.427(b)(2)(D), 115.427(b)(3), 
115.429(a), 115.429(b), 115.433(a), 115.433(b), 115.435(a)(5), 
115.435(b)(5), 115.436(a), 115.436(b), 115.437(a)(1), 115.437(a)(2), 
115.439(b), 115.439(c), 115.442(1)(F)(i), 115.422(1)(F)(ii), 115.443 
introductory

[[Page 550]]

paragraph, 115.445(5), 115.446(7), 115.512(1), 115.512(2), 115.513 
introductory paragraph, 115.517(1), 115.541(a)(2)(C), 115.541(2)(E), 
115.541(b), 115.541(b)(5), 115.542(a)(1), 115.542(a)(2), 115.542(a)(5), 
115.542(b), 115.542(b)(1), 115.542(b)(2), 115.542(b)(4), 115.543 
introductory paragraph, 115.546(1)(A), 115.547 introductory paragraph, 
115.547(2), 115.547(4), 115.547(5), 115.549(a)-115.549(c), 115.600 
introductory paragraph and definitions of Consumer product, Pesticide, 
Sections 115.614(a), 115.614(c), 115.614(c)(1), 115.614(c)(1)(A)-
115.614(c)(1)(F), 115.614(c)(2), 115.614(c)(2)(A)-115.614(c)(2)(F), 
115.614(d), 115.614(e), 115.614(f), 115.617(h).
    (L) Certification dated February 14, 1996, that copies of revisions 
to General Rules and Regulation V adopted by The Commission on February 
14, 1996, and submitted to EPA on March 13, 1996, are true and correct 
copies of documents on file in the permanent records of the Commission.
    (M) Revisions to Regulation V, as adopted by the Commission on July 
24, 1996, effective August 16, 1996, Sections 115.214(a)(4), 
115.214(a)(4)(E), 115.214(a)(5), 115.216(a), 115.216(a)(7), 
115.216(a)(7)(A)-115.216(a)(7)(G), 115.616(a), 115.616(a)(1)-
115.616(a)(3).
    (N) Certifications dated July 24, 1996, that the copy of revisions 
to Regulation V adopted by the Commission on July 24, 1996, and 
submitted to EPA on August 9, 1996, is a true and correct copy of the 
document on file in the permanent records of the Commission.
    (O) Revisions to the General Rules as adopted by the Commission on 
April 30, 1997, effective May 22, 1997, Section 101.1, introductory 
paragraph and definitions of Component, Leak, Synthetic Organic Chemical 
Manufacturing Industry (SOCMI) batch distillation operation, Synthetic 
Organic Chemical Manufacturing Industry (SOCMI) batch process, Synthetic 
Organic Chemical Manufacturing Industry (SOCMI) distillation operation, 
Synthetic Organic Chemical Manufacturing Industry (SOCMI) distillation 
unit, Synthetic Organic Chemical Manufacturing Industry (SOCMI) reactor 
process, Tank-truck tank, Vehicle refinishing (body shops), Volatile 
organic compound (introduction paragraph).
    (P) Revisions to Regulation V, as adopted by the Commission on April 
30, 1997, effective May 22, 1997, Section 115.10, introductory paragraph 
and definitions of Fugitive emission, Leak, Synthetic Organic Chemical 
Manufacturing Industry (SOCMI) batch distillation operation, Synthetic 
Organic Chemical Manufacturing Industry (SOCMI) batch process, Synthetic 
Organic Chemical Manufacturing Industry (SOCMI) distillation operation, 
Synthetic Organic Chemical Manufacturing Industry (SOCMI) distillation 
unit, Synthetic Organic Chemical Manufacturing Industry (SOCMI) reactor 
process, Tank-truck tank, Vehicle refinishing (body shops), Volatile 
organic compound (introduction paragraph), and Sections 115.112(a)(2), 
115.112(a)(2)(F), 115.112(b)(2), 115.112(b)(2)(F), 115.114(a), 
115.114(a)(1), 115.114(a)(2), 115.114(a)(4), 115.114(b), 115.114(b)(1), 
115.114(b)(2), 115.114(a)(4), 115.114(c), 115.114(c)(1), 115.114(c)(2), 
115.115(a)(6), 115.115(b)(6), 115.116(a)(5), 115.116(b)(5), 115.119(a), 
115.119(b), 115.121(a)(1), 115.121(a)(2), 115.121(a)(2)(A)-
115.121(a)(2)(E), 115.121(a)(3), 115.121(b), 115.121(c), 115.121(c)(1), 
115.121(c)(2), 115.121(c)(3), 115.121(c)(4), 115.122(a)(1), 
115.122(a)(1)(A), 115.122(a)(1)(B), 115.122(a)(1)(C), 115.122(a)(2), 
115.122(a)(2)(A), 115.122(a)(2)(B), 115.122(a)(3), 115.122(a)(4), 
115.122(a)(4)(A), 155.122(a)(4)(B), 115.122(b), 115.122(b)(1), 
115.122(b)(2), 115.122(b)(3), 115.122(c), 115.122(c)(1), 
115.122(c)(1)(A)-115.122(c)(1)(C), 115.122(c)(2), 115.122(c)(2)(A), 
115.122(c)(2)(B), 115.122(c)(3), 115.122(c)(3)(A), 115.122(c)(3)(B), 
115.122(c)(4), 115.122(c)(4)(A), 115.122(c)(4)(B), 115.123(a)(1), 
115.123(b), 115.123(c), 115.126(a), 115.126(a)(3), 115.126(a)(4)(A), 
115.126(a)(4)(B), 115.126(a)(4)(C), 115.126(a)(5)(A)-115.126(a)(5)(C), 
115.126(b), 115.126(b)(3), 115.127(a)(2), 115.127(a)(2)(C), 
115.127(a)(2)(D), 115.127(a)(2)(E), 115.127(a)(3), 115.127(a)(4), 
115.127(a)(4)(A)-115.127(a)(4)(E), 115.127(a)(5), 115.127(c), 
115.127(c)(1), 115.127(c)(1)(A)-115.127(c)(1)(C), 115.127(c)(2), 
115.129(1)-115.129(5), 115.132(a)(1), 115.132(a)(4)(A), 
115.132(a)(4)(B), 115.132(b)(1), 115.132(c), 115.132(c)(1), 
115.136(a)(4), 115.136(b)(4),

[[Page 551]]

115.137(a)(3), 115.137(b)(5), 115.137(c), 115.137(c)(4), 115.146(5), 
115.147(5)(A), 115.147(5)(B), 115.147(5)(C), 115.149(b), 115.153 
introductory paragraph, 115.156(3)(E)(i), 115.159(a), 115.159(b), 
115.159(c), 115.211(a)(1), 115.211(a)(3), 115.212(a)(1), 115.212(a)(2), 
115.212(a)(3), 115.212(a)(3)(A), 115.212(a)(3)(A)(i), 
115.212(a)(3)(A)(ii), 115.212(a)(3)(B), 115.212(a)(3)(C), 
115.212(a)(3)(C)(i), 115.212(a)(3)(C)(ii), 115.212(a)(3)(D), 
115.212(a)(4), 115.212(a)(5), 115.212(a)(6), 115.212(a)(6)(A), 
115.212(a)(6)(B), 115.212(a)(6)(C), 115.212(a)(7), 115.212(a)(7)(A)-
115.212(a)(7)(D), 115.212(a)(8), 115.212(a)(8)(A), 115.212(a)(8)(B), 
115.212(a)(8)(B)(i), 115.212(a)(8)(B)(ii), 115.212(a)(8)(B)(iii), 
115.212(a)(8)(C), 115.212(a)(8)(C)(i), 115.212(a)(8)(C)(ii), 
115.212(a)(9), 115.212(a)(10), 115.212(a)(10)(A), 115.212(a)(10)(B), 
115.214(a)(4), 115.214(a)(4)(E), 115.214(a)(5), 115.215(a)(8), 
115.216(a), 115.216(a)(1), 115.216(a)(6), 115.216(b), 115.216(b)(1), 
115.217(a)(1), 115.217(a)(2), 115.217(a)(3), 115.217(a)(4), 
115.217(a)(4)(A), 115.217(a)(4)(B), 115.217(a)(5), 115.217(a)(6), 
115.217(a)(6)(A)-115.217(a)(6)(D), 115.217(a)(7), 115.217(a)(7)(A)-
115.217(a)(7)(E), 115.217(a)(8), 115.217(a)(8)(A)-115.217(a)(8)(C), 
115.217(a)(9), 115.217(b)(2), 115.217(b)(4)(A)-115.217(b)(4)(D), 
115.217(b)(5), 115.217(c)(2), 115.217(c)(4), 115.217(c)(4)(A)-
115.217(c)(4)(D), 115.217(c)(5), 115.219(1), 115.219(4), 115.221 
introductory paragraph, 115.222(7), 115.223 introductory paragraph, 
115.226 introductory paragraph, 115.226(1), 115.253 introductory 
paragraph, 115.256 introductory paragraph, 115.311(a)(1), 115.311(a)(2), 
115.311(b)(1)-115.311(b)(2), 115.312(a)(2), 115.312(a)(2)(A)-
115.312(a)(2)(C), 115.312(b)(2) 115.312(b)(2)(A)-115.312(b)(2)(C), 
115.313(a), 115.313(b), 115.319 introductory paragraph, 115.322 
introductory paragraph, 115.322(1)-15.322(5), 115.323 introductory 
paragraph, 115.323(1), 115.323(2), new 115.324, 115.325 introductory 
paragraph, 115.325(1)-115.325(3), 115.326 introductory paragraph, 
115.326(1), 115.326(2), 115.326(2)(A)-115.326(2)(I), 115.326(3), 
115.324(4), 115.327 introductory paragraph, 115.327(1), 115.327(1)(A)-
115.327(1)(C), 115.327(2)-115.327(6), 115.329 introductory paragraph, 
115.352(1), 115.352(2), 115.352(9), 115.353 introductory paragraph, 
115.354(1)(C), 115.354(4)-115.354(7), 115.354(7)(A), 115.354(7)(B), 
115.354(8), 115.356(1)(I), 115.356(3), 115.357(2), 115.357(8), 
115.421(a), 115.421(a)(13)(A), 115.422(3)(A), 115.422(3)(B), 
155.424(a)(1), 115.424(a)(2), 115.424(b)(1), 115.426(a)(1)(D), 
115.426(a)(2)(C), 115.426(b)(1)(D), 115.426(b)(2)(C), 115.427(a)(5), 
115.427(a)(6), 115.442(1)(B)-115.422(1)(D), 155.446(8), 115.449(a), 
115.449(b), 115.449(c), 115.532(a)(5), 115.532(a)(5)(A), 
115.532(a)(5)(B), 115.533(a), 115.533(b), 115.536(a)(5), 115.536(b)(5), 
115.537(a)(5), 115.539 introductory paragraph, 115.552(b)(1), 
115.522(b)(2), 115.533 introductory paragraph, 115.559(a)-115.559(d), 
and repeal of Sections 115.332, 115.333, 115.334, 115.335, 115.336, 
115.337, 115.339, 115.342, 115.343, 115.344, 115.345, 115.346, 115.347, 
115.349.
    (Q) Certification dated April 30, 1997, that copies of revisions to 
General Rules and Regulation V adopted by the Commission on April 30, 
1997, and submitted to EPA on May 21, 1997, are true and correct copies 
of documents on file in the permanent records of the Commission.
    (R) Texas Natural Resource Conservation Commission order adopting 
amendments to the SIP; Docket Number 95-1198-RUL, issued December 19, 
1995.
    (ii) Additional Material.
    (A) TNRCC certification letter dated December 13, 1995, and signed 
by the Chief Clerk, TNRCC that the attached are true and correct copies 
of the SIP revision adopted by the Commission on December 13, 1995.
    (B) The following portions of the SIP narrative entitled Post-1996 
Rate of Progress Plan for the Beaumont/Port Arthur and Houston/Galveston 
Ozone Nonattainment Areas Dated December 13, 1995: The section 
pertaining to Storage Tanks (pp. 17-37), the section pertaining to SOCMI 
Reactor and Distillation (p. 40), the Section pertaining to Plastic 
Parts Coating (pp. 54-55).
    (106) A revision to the Texas State Implementation Plan: Regulation 
30 TAC Chapter 101 ``General Rules'', Section 101.30 ``Conformity of 
General and State Actions to State Implementation

[[Page 552]]

Plans'' as adopted by the Texas Natural Resource Conservation Commission 
(TNRCC) on November 16, 1994, and July 9, 1997, was submitted by the 
Governor on November 22, 1994, and August 21, 1997, respectively.
    (i) Incorporation by reference.
    (A) The Texas Natural Resource Conservation Commission (TNRCC) 
Regulation 30, TAC Chapter 101 ``General Rules'', Section 101.30 
``Conformity of General and State Actions to State Implementation 
Plans'' as adopted by TNRCC on November 16, 1994, and July 9, 1997.
    (B) TNRCC orders Docket No. 94-0709-SIP and 97-0143-RUL as passed 
and approved on November 16, 1994, and July 9, 1997, respectively.
    (107) A revision to the Texas State Implementation Plan addressing 
the 15% Rate-of-Progress Plan requirements for the Beaumont/Port Arthur 
ozone nonattainment area was submitted by a cover letter from Governor 
George Bush dated August 9, 1996. This revision will aid in ensuring 
that reasonable further progress is made towards attaining the National 
Ambient Air Quality Standard (NAAQS) for ozone in the Beaumont/Port 
Arthur area. This submittal also contained revisions to the 1990 base 
year emissions inventory, Motor Vehicle Emission Budget, and contingency 
plan for the Beaumont/Port Arthur area.
    (i) Incorporation by reference. Texas Natural Resource Conservation 
Commission (TNRCC) order adopting amendments to the State Implementation 
Plan; Docket Number 96-0465-SIP, issued July 31, 1996.
    (ii) Additional material.
    (A) TNRCC certification letter dated July 24, 1996, and signed by 
Gloria Vasquez, Chief Clerk, TNRCC.
    (B) The SIP narrative plan and tables entitled, ``Revisions to the 
State Implementation Plan for the Control of Ozone Air Pollution,'' as 
it applies to the Beaumont/Port Arthur area dated July 24, 1996.
    (108) A revision to the Texas State Implementation Plan to adopt an 
alternate control strategy for the surface coating processes at Raytheon 
TI Systems, Inc., Lemmon Avenue Facility.
    (i) Incorporation by reference.
    (A) Commission Order Number 96-1180-SIP issued and effective 
December 4, 1996, for Texas Instruments, Inc., prior owner of the Lemmon 
Avenue facility, approving an alternate Reasonably Available Control 
Technology (ARACT) demonstration for its Lemmon Avenue facility. 
Raytheon TI Systems assumed operating responsibility for this facility 
on July 3, 1997.
    (B) A letter from the Governor of Texas dated January 9, 1997, 
submitting the TI ARACT to the Regional Administrator.
    (ii) Additional material. The document prepared by the Texas Natural 
Resource Conservation Commission titled ``A Site-Specific Revision to 
the SIP Concerning the Texas Instruments Lemmon Avenue Facility.''
    (109) [Reserved]
    (110) Revision to the Texas State Implementation Plan adopted by the 
Texas Natural Resource Conservation Commission (TNRCC) on October 15, 
1997, and submitted by the Governor on November 12, 1997, repealing the 
Perchloroethylene Dry Cleaning Systems regulations from the Texas SIP.
    (i) Incorporation by reference. TNRCC Order Docket No. 97-0534-RUL 
issued October 21, 1997, repealing Perchloroethylene Dry Cleaning 
Systems regulations (Sections 115.521 to 115.529) from 30 TAC Chapter 
115.
    (ii) Additional materials.
    (A) Letter from the Governor of Texas dated November 12, 1997, 
submitting amendments to 30 TAC Chapter 115 for approval as a revision 
to the SIP.
    (111) Recodified and revised Regulation IV, 30 TAC Chapter 114 
``Control of Air Pollution From Motor Vehicles'' regulations of Texas 
submitted by the Governor on November 20, 1997, to reformat original 
Chapter 114 sections into seven new subchapters (A through G) and to 
remove original section 114.1(e), concerning leaded gasoline dispensing 
labeling requirements.
    (i) Incorporation by reference.
    (A) Commission Order 97-0713-RUL, adopted by the commission on 
November 5, 1997.
    (B) SIP narrative entitled ``Revisions to 30 TAC Chapter 114 and to 
the State Implementation Plan (Reformatting of

[[Page 553]]

the Chapter)'' adopted by the commission on November 5, 1997, 
addressing: adoption of new Sections 114.1-114.5, 114.20, 114.21, 
114.50-114.53, 114.100, 114.150-114.157, 114.200-114.202, 114.250, 
114.260, 114.270, and repeal of original sections 114.1, 114.3-114.7, 
114.13, 114.23, 114.25, 114.27, 114.29-114.40.
    (112) Revision to the Texas State Implementation Plan submitted by 
the Governor on January 10, 1996.
    (i) Incorporation by reference.
    (A) Texas Natural Resource Conservation Commission (TNRCC) General 
Rules (30 TAC Chapter 101), Section 101.2(b), adopted by TNRCC on 
December 13, 1995, effective January 8, 1996.
    (B) TNRCC Docket No. 95-0849-RUL issued December 13, 1995, for 
adoption of amendments to 30 TAC Chapter 101, Section 101.2(b), 
regarding Multiple Air Contaminant Sources or Properties and revision to 
the SIP.
    (ii) Additional materials. A letter from the Governor of Texas dated 
January 10, 1996, submitting revisions to 30 TAC Chapter 101, Section 
101.2(b), for approval as a revision to the SIP.
    (113) The Texas Natural Resource Conservation Commission submitted a 
revision to the State Implementation Plan (SIP) on August 9, 1996. This 
revision contained, among other things, 15% Rate-of-Progress plans for 
the Dallas/Fort Worth, El Paso and Houston/Galveston ozone nonattainment 
areas which will aid in ensuring the attainment of the National Ambient 
Air Quality Standards for ozone. This submittal also contained revisions 
to the 1990 base year emissions inventories, the associated Motor 
Vehicle Emission Budgets and contingency plans.
    (i) Incorporation by reference. Texas Natural Resource Conservation 
Commission (TNRCC) order adopting amendments to the SIP; Docket Number 
96-0465-SIP, issued July 31, 1996.
    (ii) Additional material.
    (A) TNRCC certification letter dated July 24, 1996, and signed by 
Gloria Vasquez, Chief Clerk, TNRCC.
    (B) The SIP narrative plan and tables dated July 24, 1996 entitled, 
``Revisions to the State Implementation Plan (SIP) for the Control of 
Ozone Air Pollution,'' as it applies to the Dallas/Fort Worth, El Paso 
and Houston areas' 15% Rate-of-Progress plans, emissions inventories, 
motor vehicle emissions budgets and contingency plans.
    (114) Recodified regulations of Texas Administrative Code, Title 30, 
Chapter 113, Subchapter B, controlling lead emissions from stationary 
sources, and submitted by the Governor in a letter dated August 21, 
1997.
    (i) Incorporation by reference.
    (A) Texas Natural Resource Conservation Commission (TNRCC) order 
adopting amendments to the State Implementation Plan; Docket Number 97-
0143-RUL, issued July 9, 1997.
    (B) Texas Administrative Code, Title 30, Chapter 113, Subchapter B, 
entitled ``Lead from Stationary Sources,'' adopted by the TNRCC on July 
9, 1997. Newly recodified sections 113.31, 113.32, 113.33, 113.34, 
113.35, 113.36, 113.37, 113.41, 113.42, 113.43, 113.44, 113.45, 113.46, 
113.47, 113.48, 113.52, 113.61, 113.62, 113.63, 113.64, 113.65, 113.66, 
113.67, and 113.68.
    (ii) Additional material. TNRCC certification letter dated June 25, 
1997, and signed by Gloria Vasquez, Chief Clerk, TNRCC.
    (115) [Reserved]
    (116) A revision to the Texas State Implementation Plan (SIP) to 
include two modified Agreed Orders limiting sulfur dioxide 
(SO2) allowable emissions at two facilities in Harris County, 
submitted by the Governor by cover letter dated May 29, 1997.
    (i) Incorporation by reference.
    (A) TNRCC Docket No. 96-1188-AIR Order Modifying Commission Order 
No. 94-15 for Lyondel-Citgo Refining Company, LTD., as adopted by the 
TNRCC on June 29, 1994, and modified on July 31, 1996;
    (B) TNRCC Docket No. 96-1187-AIR, Order Modifying Commission Order 
No. 94-22 for Simpson Pasadena Paper Company, as adopted by the TNRCC on 
June 29, 1994, and modified on July 31, 1996.
    (ii) Additional material. TNRCC submittal to the EPA dated May 29, 
1997, entitled, ``Revisions to the SIP Concerning Sulfur Dioxide in 
Harris County.''
    (117) Revisions to the Texas State Implementation Plan submitted to 
the EPA in a letter dated April 13, 1998. These revisions address 
Reasonably Available Control Technology for Wood

[[Page 554]]

Furniture coating operations and Ship Building and Repair. The revisions 
also address coating of oil and gas platforms at ship building and 
repair facilities.
    (i) Incorporation by Reference.
    (A) Revisions to Regulation V, as adopted by the Commission on March 
18, 1998, effective April 7, 1998, sections 115.10. Definitions--
Introductory Paragraph, 115.420 Surface Coating Definitions, 115.420(a) 
General Surface Coating Definitions, 114.420(a)(1)-115.420(a)(10), 
115.420(b) Specific surface coating definitions--Introductory Paragraph, 
115.420(b)(1), 115.420(b)(2), 115.420(b)(2)(A), 115.420(b)(2)(B), 
115.420(b)(3)-115.420(b)(9), 115.420(b)(10), 115.420(b)(10)(A)-
115.420(b)(10)(E), 115.420(b)(10)(F), 115.420(b)(10)(F)(i)-
115.420(b)(10)(F)(vii), 115.420(b)(10)(G), 115.420(b)(11), 
115.420(b)(12), 115.420(b)(12)(A)-115.420(b)(12)(FF), 115.420(b)(13), 
115.420(b)(13)(A), 115.420(b)(13)(A)(i), 115.420(b)(13)(A)(ii), 
115.420(b)(13)(B), 115.420(b)(13)(B)(i)-115.420(b)(13)(B)(ix), 
115.420(b)(14), 115.420(b)(15), 115.420(15)(A), 115.420(15)(A)(i)-
115.420(15)(A)(xi), 115.420(15)(B), 115.420(15)(B)(i)-
115.420(15)(B)(xix), 115.421(a), 115.421(a)(8), 115.421(a)(8)(B), 
115.421(a)(8)(B)(i)-115.421(a)(8)(B)(ix), 115.421(a)(13), 
115.421(a)(13)(A), 115.421(a)(13)(A)(i)-115.421(a)(13)(A)(vii), 
115.421(a)(13)(A)(viii), 115.421(a)(13)(A)(ix), 115.421(a)(14), 
115.421(a)(14)(A), 115.421(a)(14)(A)(i), 115.421(a)(14)(A)(ii), 
115.421(a)(14)(A)(iii), 115.421(a)(14)(A)(iii)(I)- 
115.421(a)(14)(A)(iii)(III), 115.421(a)(14)(A)(iv)-
115.421(a)(14)(A)(vi), 115.421(a)(14)(B), 115.421(a)(15), 
115.421(a)(15)(A),115.421(a)(15)(B), 115.421(a)(15)(B)(i), 
115.421(a)(15)(B)(ii), 115.421(b), 115.422. Control Requirements--
Introductory Paragraph, 115.422(2), 115.422(3), 115.422(3)(A), 
115.422(3)(B), 115.422(3)(C), 115.422(3)(C)(i), 115.422(3)(C)(ii), 
115.422(3)(C)(ii)(I), 115.422(3)(C)(ii)(II), 115.422(3)(C)(iii)-
115.422(3)(C)(v), 115.422(3)(C)(vi), 115.422(3)(C)(vi)(I), 
115.422(3)(vi)(II), 115.422(3)(D), 115.422(3)(E), 115.422(3)(E)(i), 
115.422(3)(E)(ii), 115.422(4), 115.422(4)(A)-115.422(4)(C), 115.422(5), 
115.422(5)(A), 115.422(5)(B), 115.423(a), 115.423(a)(1), 115.423(a)(2), 
115.423(b), 115.423(b)(1), 115.423(b)(2), 115.426(a), 115.426(a)(1), 
115.426(a)(1)(B), 115.426(a)(1)(B)(i), 115.426(a)(1)(B)(ii), 
115.426(a)(2), 115.426(a)(2)(A), 115.426(a)(2)(A)(i), 115.426(b), 
115.426(b)(1), 115.426(b)(1)(B), 115.426(b)(2), 115.426(b)(2)(A), 
115.426(b)(2)(A)(i), 115.427(a), 115.427(a)(1), 115.427(a)(1)(B), 
115.427(a)(1)(C), 115.427(a)(3), 115.427(a)(3)(A), 115.427(a)(3)(B), 
115.427(a)(3)(D)-115.427(a)(3)(I), 115.427(b), 115.427(b)(4), 
115.429(a), and 115.429(b).
    (B) Certification Dated March 18, 1998 that these are true and 
correct copies of revisions to 30 TAC Chapter 115 and the SIP.
    (118)-(119) [Reserved]
    (120) Revisions submitted by the Governor on May 29, 1997, June 23, 
1998, and December 22, 1998, that change the definition of ``primarily 
operated,'' commit to on-board diagnostic testing, remove the test-on-
resale of vehicles subject to the inspection and maintenance program, 
and provide the legal authority for denial of re-registration of 
vehicles that have not complied with the I/M program requirements, and 
the establishment of a class C misdemeanor penalty for operating a 
grossly polluting vehicle in a nonattainment area.
    (i) Incorporation by reference:
    (A) Narrative of State Implementation Plan revision submitted May 
29, 1997, by the Governor.
    (B) Narrative of State Implementation Plan revision submitted June 
23, 1998, by the Governor.
    (C) Letter from the Governor dated December 22, 1998, submitting 
Senate Bill 1856.
    (ii) Additional material:
    (A) Senate Bill 1856.
    (B) Memorandum of Agreement between the Texas Natural Resource 
Conservation Commission and the Texas Department of Public Safety 
adopted November 20, 1996, and signed February 5, 1997.

[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.

    Effective Date Note:  At 64 FR 29796, June 3, 1999 Sec. 52.2270 was 
amended by adding paragraph (c)(116), effective Aug. 2, 1999.

[[Page 555]]



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.
    (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

[[Page 556]]

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.
    (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.

[[Page 557]]

    (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.
    (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

[[Page 558]]

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), 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

[[Page 559]]

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 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:

[[Page 560]]

    (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 TACB on July 26, 1985), October 26, 1987 (as revised by 
TACB on July 17, 1987), September 29, 1988 (as revised by TACB on July 
15, 1988), February 18, 1991 (as revised by TACB on December 14, 1990), 
May 13, 1992 (as revised by TACB on May 8, 1992), August 31, 1993 (as 
recodified, revised and adopted by TACB on August 16, 1993),

[[Page 561]]

July 12, 1995 (as revised on March 1, 1995) containing Regulation VI--
Control of Air Pollution for New Construction or Modification, Sections 
116.010, 116.141 and 116.160-116.163; the Prevention of Significant 
Deterioration (PSD) Supplement document, submitted by the Governor on 
October 26, 1987 (as adopted by TACB on July 17, 1987); revision to 
General Rules, Rule 101.20(3), submitted by the Governor on December 11, 
1985 (as adopted by 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; 
62 FR 44088, Aug. 19, 1997]



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 562]]

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 563]]

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.
    (e) The TNRCC submitted to EPA on March 6, 1996, a petition 
requesting that the Houston/Galveston and Beaumont/Port Arthur ozone 
nonattainment areas be granted an extension to a previously-granted 
temporary exemption from the NOX control requirements of 
sections 182(f) and 182(b) of the Clean Air Act. The temporary exemption 
was granted on April 19, 1995. The current petition is based on the need 
for more time to complete UAM to confirm the need for, and the extent 
of, NOX controls required. On May 23, 1997, EPA approved the 
State's request for an extension to the temporary exemption. The 
temporary extension automatically expires on December 31, 1997, without 
further notice from EPA. Upon expiration of the extension, the 
requirements pertaining to NOX RACT, NSR, I/M, general and 
transportation conformity will become applicable, except that the 
NOX RACT compliance date shall be implemented as 
expeditiously as practicable, but no later than May 31, 1999, unless the 
State has received a contingent NOX exemption from the EPA 
prior to that time.
    (f) The extension of the temporary exemption from NOX 
control requirements of sections 182(f) and 182(b) of the Clean Air Act 
for the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment 
areas granted on May 23, 1997, expired December 31, 1997. Upon 
expiration of the extension, the requirements pertaining to 
NOX RACT, NSR, I/M, general and transportation conformity 
will become applicable and the State is expected to implement the 
requirements as expeditiously as possible.
    (g) The Texas Natural Resource Conservation Commission submitted a 
letter to EPA requesting rescission of the previously-granted 
conditional exemption from the NOX control requirements of 
section 182(f) of the Act for the Dallas/Fort Worth ozone nonattainment 
area. The letter was sent on November 13, 1998. The conditional 
exemption was granted on November 21, 1994, conditioned upon EPA 
approving the modeling portion of the DFW attainment demonstration SIP. 
The conditional exemption was also approved on a contingent basis. The 
modeling-based exemption would last only as long as the area's modeling 
continued to demonstrate attainment without the additional 
NOX reductions required by section 182(f). The State's 
request is based on new photochemical modeling which shows the need for 
NOX controls to help the area attain the ozone National 
Ambient Air Quality Standards. Furthermore, EPA would not and could not 
approve the earlier attainment demonstration SIP modeling upon which the 
condition was based.
    (1) On June 21, 1999, the conditional NOX exemption for 
the DFW area granted on November 21, 1994 is rescinded. Upon rescission, 
the Federal requirements pertaining to NOX Reasonably 
Available Control Technology (RACT), New Source Review, vehicle 
Inspection/Maintenance, general and transportation conformity now apply.
    (2) The NOX RACT final compliance date must be 
implemented as expeditiously as practicable, but no later than March 31, 
2001.

[59 FR 60714, Nov. 28, 1994, as amended at 60 FR 5867, Jan. 31, 1995; 60 
FR 19522, Apr. 19, 1995; 62 FR 28349, May 23, 1997; 63 FR 7072, Feb. 12, 
1998; 64 FR 19286, Apr. 20, 1999]



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,

[[Page 564]]

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.
    (d) The Texas Natural Resource Conservation Commission submitted 
State Implementation Plan revisions to the 1990 base year emission 
inventory for the Beaumont/Port Arthur area with a cover letter from the 
Governor of Texas dated August 9, 1996.
    (e) The Texas Natural Resource Conservation Commission submitted a 
revision to the State Implementation Plan (SIP) on August 9, 1996. This 
revision was submitted for the purpose of satisfying the 15% Rate-of-
Progress requirements of the Clean Air Act, which will aid in ensuring 
the attainment of the National Ambient Air Quality Standards for ozone. 
This submittal also contained revisions to the 1990 base year emissions 
inventories for the Dallas/Fort Worth, El Paso and Houston/Galveston 
areas.

[59 FR 55589, Nov. 8, 1994, as amended at 63 FR 6663, Feb. 10, 1998; 63 
FR 62947, Nov. 10, 1998]



Sec. 52.2311  Motor vehicle antitampering.

    The State of Texas submitted revisions to the State Implementation 
Plan for 30 TAC Chapter 114, sections 114.1 ``Maintenance and Operation 
of Air Pollution Control Systems or Devices Used to Control Emissions 
from Motor Vehicles'' and 114.5 ``Exclusions and Exceptions'' on 
February 24, 1989, and September 6, 1990, and July 13, 1993. The EPA 
disapproved these revisions that relate to Statewide antitampering 
provisions and exemptions to antitampering provisions for motor vehicles 
or motor vehicle engine emission control systems because the State's 
antitampering rules are not consistent with the Act, section 203(a)(3) 
and EPA's tampering prohibitions as outlined in EPA's antitampering 
enforcement policy, Mobile Source Enforcement Memorandum No. 1A.

[63 FR 6653, Feb. 10, 1998]



                            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.

[[Page 565]]

    (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, 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''

[[Page 566]]

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.
    (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,

[[Page 567]]

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, 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

[[Page 568]]

``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 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) On November 9, 1992, the Governor of Utah submitted a plan for 
the establishment and implementation of a Small Business Assistance 
Program to be incorporated into the Utah State Implementation Plan as 
required by section 507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Utah Code, Title 19, Chapter 2, Air Conservation Act, Sections 
19-2-109.1 and 19-2-109.2, to establish and fund a small business 
stationary source technical and environmental compliance assistance 
program, effective April 27, 1992.
    (ii) Additional materials.
    (A) November 9, 1992 letter from the Governor of Utah submitting a 
Small Business Assistance Program plan to EPA.
    (B) The State of Utah plan for the establishment and implementation 
of a Small Business Assistance Program, promulgated September 30, 1992 
by the Utah Air Quality Board, effective December 1, 1992.
    (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.
    (35) [Reserved]
    (36) The Governor of Utah submitted a revision to Utah's State 
Implementation Plan (SIP) for Visibility Protection with a letter dated 
July 25, 1996. The revision was made to add a new subsection 15.10 to 
the SIP to include a policy statement regarding scenic views which was 
deleted from the Utah Air Conservation Regulations.
    (i) Incorporation by reference.

[[Page 569]]

    (A) Utah State Implementation Plan, Subsection 15.10, Policy of the 
Air Conservation Committee Concerning the Protection of Scenic Views 
Associated with Mandatory Class I Areas from Significant Impairment for 
Visibility, adopted on March 26, 1993, and effective on March 29, 1993.
    (ii) Additional material.
    (A) A July 25, 1996 letter from Michael O. Leavitt, Utah Governor, 
to Jack McGraw, EPA Region VIII Acting Regional Administrator, in which 
it was communicated, among other things, that the Utah Air Quality Board 
deleted R307-5 from the Utah Air Conservation Regulations. The deletion 
was effective March 29, 1993.
    (37) On November 20, 1996, the Governor of Utah submitted a revision 
to the Utah State Implementation Plan. The submittal included a new Utah 
regulation which incorporates by reference the Federal new source 
performance standards in 40 CFR part 60, as in effect on March 12, 1996.
    (i) Incorporation by reference.
    (A) Utah Air Conservation Regulations, R307-18-1, ``Standards of 
Performance for New Stationary Sources (NSPS),'' effective September 9, 
1996, printed October 19, 1996.
    (38) Revisions to the Utah State Implementation Plan, Section IX, 
Control Measures for Area and Point Sources, Part D, Ozone; Section X, 
Vehicle Inspection and Maintenance Program, Part A, General Requirements 
and Applicability; Section X, Vehicle Inspection and Maintenance 
Program, Part B, Davis County; Section X, Vehicle Inspection and 
Maintenance Program, Part C, Salt Lake County; Section X, Vehicle 
Inspection and Maintenance Program, Part E, Weber County; UACR R307-1-
3.3.3.C., a portion of Control of Installations; UACR R307-1-
3.5.3.B.(1), a portion of Emission Statement Inventory; all as submitted 
by the Governor on February 19, 1997. EPA approved the above provisions. 
In addition, EPA approved, for the limited purpose of strengthening the 
SIP, revisions to UACR R307-14, Requirements for Ozone Nonattainment 
Areas and Davis and Salt Lake Counties, as submitted by the Governor on 
February 6, 1996.
    (i) Incorporation by reference.
    (A) UACR R307-2-13 adopted by the Utah Air Quality Board on January 
8, 1997, effective March 4, 1997, including Section IX, Part D.2 of the 
Utah State Implementation Plan (SIP) that such rule incorporates by 
reference (Ozone Maintenance Provisions for Salt Lake and Davis 
Counties, adopted by the Utah Air Quality Board on January 8, 1997), and 
excluding any other provisions that such rule incorporates by reference.
    (B) The following State Approval Orders (AO): Pacificorp Gadsby 
Power Plant AO DAQE-0063-94 dated February 3, 1994, Kennecott Utah 
Copper Utah Power Plant AO DAQE-433-94 dated May 27, 1994, Hill Air 
Force Base (HAFB) AO DAQE-163-96 dated February 9, 1996, HAFB AO DAQE-
1134-95 dated December 7, 1995, HAFB AO DAQE-860-95 dated September 20, 
1995, HAFB AO DAQE-775-95 dated August 30, 1995, HAFB AO DAQE-403-95 
dated May 8, 1995, HAFB AO DAQE-067-95 dated January 31, 1995, HAFB AO 
DAQE-068-95 dated January 30, 1995, HAFB AO DAQE-915-94 dated October 
18, 1994, HAFB AO DAQE-824-94 dated September 29, 1994, HAFB AO DAQE-
0752-93 dated August 27, 1993, HAFB AO DAQE-0719-93 dated August 20, 
1993, HAFB AO DAQE-0103-93 dated February 11, 1993, HAFB AO DAQE-1171-92 
dated January 4, 1993, HAFB AO DAQE-416-92 dated April 28, 1992, HAFB AO 
DAQE-167-92 dated February 19, 1992, HAFB AO DAQE-894-91 dated November 
25, 1991, HAFB AO BAQE-039-91 dated February 7, 1991, HAFB AO BAQE-669-
88 dated December 20, 1988, HAFB AO BAQE-525-88 dated October 13, 1988, 
HAFB AO BAQE-353-88 dated July 21, 1988, HAFB AO BAQE-026-88 dated 
January 20, 1988, HAFB AO for Industrial Wastewater Treatment Facility 
dated February 20, 1986, HAFB AO for Hydrazine Exhaust Incinerator dated 
February 5, 1985, HAFB AO for Paint Booth, HVAC Modification, Standby 
Generators, and Fuel Storage dated July 18, 1983, HAFB AO for Remodeling 
Base Exchange BX Service Station dated July 12, 1979, HAFB AO for 
Construction dated June 27, 1978, and the Olympia Sales Company AO DAQE-
300-95 dated April 13, 1995.
    (C) UACR R307-2-18, adopted by the Utah Air Quality Board on 
February 5,

[[Page 570]]

1997, effective February 14, 1997. This rule incorporates by reference 
Section X, Part A of the Utah State Implementation Plan, Vehicle 
Inspection and Maintenance Program, General Requirements and 
Applicability.
    (D) UACR R307-2-31, adopted by the Utah Air Quality Board on 
February 5, 1997, effective February 14, 1997. This rule incorporates by 
reference Section X, Part B of the Utah State Implementation Plan, 
Vehicle Inspection and Maintenance Program, Davis County.
    (E) UACR R307-2-32, adopted by the Utah Air Quality Board on 
February 5, 1997, effective February 14, 1997. This rule incorporates by 
reference Section X, Part C of the Utah State Implementation Plan, 
Vehicle Inspection and Maintenance Program, Salt Lake County.
    (F) UACR R307-2-34, adopted by the Utah Air Quality Board on 
February 5, 1997, effective February 14, 1997. This rule incorporates by 
reference Section X, Part E of the Utah State Implementation Plan, 
Vehicle Inspection and Maintenance Program, Weber County.
    (G) UACR R307-1-3.3.3.C., a portion of Control of Installations, as 
adopted by the Utah Air Quality Board on January 8, 1997, effective 
January 15, 1997.
    (H) UACR R307-1-3.5.3.B.(1), a portion of Emission Statement 
Inventory regulation, as adopted by the Utah Air Quality Board on 
January 8, 1997, effective January 15, 1997.
    (I) UACR R307-14-1, Requirements for Ozone Nonattainment Areas and 
Davis and Salt Lake Counties, adopted by the Utah Air Quality Board on 
August 9, 1995, effective on August 15, 1995.
    (39) Revisions to the Utah State Implementation Plan, Section IX, 
Control Measures for Area and Point Sources, Part C, Carbon Monoxide as 
submitted by the Governor on December 6, 1996 (with minor mathematical 
corrections submitted by the Utah Division of Air Quality on August 12, 
1998), excluding Section IX, Part C.7.f.(3) of the plan, ``Emissions 
Credit Allocation,'' as EPA is not taking any action on that section of 
the plan. UACR R307-1-3.3 Requirements for Nonattainment and Maintenance 
Areas--New and Modified Sources; as submitted by the Governor on 
November 24, 1995.
    (i) Incorporation by reference.
    (A) UACR R307-2-12, adopted by the Utah Air Quality Board on August 
7, 1996 and September 4, 1996, effective November 1, 1996, as modified 
through a notice of nonsubstantive rule change dated July 14, 1998, 
effective July 27, 1998, to correct minor mathematical errors in Section 
IX, Part C.7.f.(2) of the Utah State Implementation Plan (SIP). UACR 
R307-2-12 incorporates by reference a number of provisions of the Utah 
SIP, only some of which are relevant to this rulemaking action. EPA's 
incorporation by reference of UACR R307-2-12 only extends to the 
following Utah SIP provisions and excludes any other provisions that 
UACR R307-2-12 incorporates by reference:
    Section IX, Part C.7 (except for Section IX, Part C.7.f.(3)), Carbon 
Monoxide Maintenance Provisions for Salt Lake City, adopted by Utah Air 
Quality Board on August 7, 1996, and September 4, 1996, effective 
November 1, 1996, as modified by the nonsubstantive rule change noted 
above.
    (B) UACR R307-1-3.3, a portion of Requirements for Nonattainment and 
Maintenance Areas--New and Modified Sources, as adopted by the Utah Air 
Quality Board on October 4, 1995, December 6, 1995, effective January 
31, 1996.
    (ii) Additional material.
    (A) February 19, 1998, letter from Ursula Trueman, Director, Utah 
Division of Air Quality, Department of Environmental Quality to Richard 
R. Long, Director, Air and Radiation Program, EPA Region VIII, entitled 
``DAQS-0188-98; Technical Support Documents--Ogden City and Salt Lake 
City CO Maintenance Plans.'' This letter confirmed that all the emission 
projections, contained in the technical support documents for both the 
Salt Lake City and Ogden City redesignation requests, were properly 
adopted by the Utah Air Quality Board in accordance with the Utah Air 
Quality Rules.
    (B) Materials from Jan Miller, Utah Division of Air Quality, 
Department of Environmental Quality, received by Tim Russ, Air and 
Radiation Program, EPA Region VIII, displaying the minor mathematical 
corrections to the on-road mobile source emission budgets in Section IX, 
Part C. 7.f.(2) of the Salt Lake City CO Maintenance Plan. These

[[Page 571]]

nonsubstantive changes were made in accordance with the Utah Air Quality 
Rules and were effective July 27, 1998.
    (40) The Governor of Utah submitted revisions to the Utah State 
Implementation Plan to revise Utah's definition of a volatile organic 
compound (VOC) and to include nonsubstantive wording changes regarding 
VOC emissions from air strippers and soil venting operations. The 
revisions to the VOC definition, found in UACR R307-1-1, were submitted 
by the Governor on November 8, 1995, February 12, 1996, November 20, 
1996, May 15, 1997, and June 10, 1998. The revisions submitted November 
8, 1995, February 12, 1996, November 20, 1996, and May 15, 1997, deleted 
volatile methyl siloxanes, parachlorobenzotrifluoride (PCBTF), acetone, 
perchloroethylene (PERC), HFC 43-10mee, HCFC 225ca and HCFC 225cb from 
the definition of VOCs. The June 10, 1998 submittal incorporated the 
deletion of 16 more pollutants from the federal list that were 
determined to have a negligible contribution to tropospheric ozone 
formation; the compounds are: HFC-32, HFC-161, HFC-236fa, HFC-245ca, 
HFC-245ea, HFC-245eb, HFC-245fa, HFC-236ea, HFC-365mfc, HCFC-31, HCFC-
123a, HCFC-151a, C4F9OCH3, 
(CF3)2CFCF2OCH3, 
C4F9OC2H5, and 
(CF3)2CFCF2OC2H5 
(compound names only are listed here, refer to 62 FR 44901, August 25, 
1997 for the chemical name and 62 FR 44903, August 25, 1997 for the 
complete list of exempted VOCs). A second February 12, 1996 Governor's 
submittal contained minor wording revisions which were made to UACR 
R307-6-1 regarding VOC emissions from air strippers and soil venting 
operations. The revision submitted November 20, 1996 also repealed UACR 
R307-14-8 which had addressed requirements for perchloroethylene dry 
cleaning plants located in ozone nonattainment and maintenance areas.
    (i) Incorporation by reference.
    (A) UACR R307-1-1, a portion of Forward and Definitions, definition 
of VOC, as adopted by the Utah Air Quality Board on January 7, 1998, 
effective January 8, 1998.
    (B) UACR R307-6, a portion of De minimis Emissions from Air 
Strippers and Soil Venting Projects, nonsubstantive wording changes, 
effective October 1, 1995.

[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.



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]



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

[[Page 572]]

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  National Highway Systems Designation Act Motor Vehicle Inspection and Maintenance (I/M) Programs.

    On March 15, 1996 the Governor of Utah submitted a revised I/M 
program for Utah County which included a credit claim, a basis in fact 
for the credit claimed, a description of the County's program, draft 
County ordinances, and authorizing legislation for the program. Approval 
is granted on an interim basis for a period of 18 months, under the 
authority of section 348 of the National Highway Systems Designation Act 
of 1995. If Utah County fails to start its program by November 15, 1997 
at the latest, this approval will convert to a disapproval after EPA 
sends a letter to the State. At the end of the eighteen month period, 
the approval will lapse. At that time, EPA must take final rulemaking 
action

[[Page 573]]

upon the State's SIP, under the authority of section 110 of the Clean 
Air Act. Final action on the State/County's plan will be taken following 
EPA's review of the State/County's credit evaluation and final 
regulations (State and County) as submitted to EPA.

[62 FR 31351, June 9, 1997]



Sec. 52.2350  Emission inventories.

    (a) The Governor of the State of Utah submitted the 1990 base year 
emission inventory of ozone precursors, which are volatile organic 
compounds, nitrogen oxides, and carbon monoxide, for the Salt Lake and 
Davis Counties ozone nonattainment area on January 13, 1995, as a 
revision to the State Implementation Plan (SIP). This inventory 
addresses emissions from point, area, non-road, on-road mobile, and 
biogenic sources. This Governor's submittal was followed by the 
submittal of corrections to the inventory, on April 20, 1995, from 
Russell Roberts, Director, Division of Air Quality, Utah Department of 
Environmental Quality. The ozone maintenance plan for Salt Lake and 
Davis Counties that the Governor submitted on February 19, 1997, 
incorporates by reference the corrected 1990 base year ozone emission 
inventory as background material. The 1990 ozone base year emission 
inventory requirement of section 182(a)(1) of the Clean Air Act, as 
amended in 1990, has been satisfied for the Salt Lake and Davis Counties 
area.
    (b) On November 12, 1997, the Governor of Utah submitted the 1993 
Carbon Monoxide Periodic Emission Inventories for Ogden City and Utah 
County as revisions to the Utah State Implementation Plan. These 
inventories address carbon monoxide emissions from stationary point, 
area, non-road, and on-road mobile sources.

[62 FR 38217, July 17, 1997, as amended at 63 FR 18124, Apr. 14, 1998]



Sec. 52.2351  Area-wide nitrogen oxides (NOX) exemption.

    On May 2, 1997, Ursula Trueman, Director, Division of Air Quality, 
Utah Department of Environmental Quality, submitted, on behalf of the 
State of Utah and pursuant to section 182(f)(2)(A) of the Clean Air Act 
as amended in 1990, a section 182(f)(2) NOX Reasonably 
Available Control Technology (RACT) exemption request for major 
stationary sources of NOX in the Salt Lake and Davis Counties 
ozone nonattainment area other than the Pacificorp Gadsby and Kennecott 
Utah Copper Utah Power Plants. The exemption request was based on 
ambient air quality monitoring data which demonstrated that the ozone 
National Ambient Air Quality Standard (NAAQS) had been attained in the 
Salt Lake and Davis Counties ozone nonattainment area for the years 1990 
through 1996. EPA approved this NOX RACT exemption request on 
July 2, 1997.

[62 FR 38217, July 17, 1997]



                           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

[[Page 574]]

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 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.


[[Page 575]]


    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.
    (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

[[Page 576]]

``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.
    (22) Revisions to the State Implementation Plan submitted by the 
Vermont Air Pollution Control Division on August 9, 1993 and March 20, 
1995.
    (i) Incorporation by reference.
    (A) Letters from the Vermont Air Pollution Control Division dated 
August 9, 1993 and March 20, 1995 submitting revisions to the Vermont 
State Implementation Plan.
    (B) Regulations, including section 5-101, ``Definitions,'' 
subsection 5-251(2), ``Reasonably available control technology for large 
stationary sources,'' and, subsection 5-253.20, ``Other Sources That 
Emit Volatile Organic Compounds,'' adopted on July 9, 1993 and effective 
on August 13, 1993.
    (C) Administrative orders for Simpson Paper Company, in Gilman, 
Vermont, and, U.S. Samaica Corporation, in Rutland, Vermont, both 
adopted and effective on January 4, 1995.
    (23) Revisions to the State Implementation Plan submitted by the 
Vermont Air Pollution Control Division in November, 1990, establishing a 
PM10 standard.
    (i) Incorporation by reference.
    (A) Letter from the Vermont Air Pollution Control Division dated 
December 10, 1990 submitting a revision to the Vermont State 
Implementation Plan.
    (B) Section 5 of the Vermont air quality State Implementation Plan, 
dated November, 1990.
    (24) Revision to the State Implementation Plan submitted by the 
Vermont Department of Environmental Conservation on March 7, 1996.
    (i) Incorporation by reference.
    (A) Letter from the Vermont Department of Environmental Conservation 
dated March 7, 1996 submitting a revision to the Vermont State 
Implementation Plan.
    (B) Amendments to Table 2 ``Prevention of Significant Deterioration 
Increments'' referenced in Section 5-502(4)(c) of the Vermont Agency of 
Natural Resources Environmental Regulations (effective July 29, 1995).
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (25) Revisions to the State Implementation Plan submitted by the 
Vermont Air Pollution Control Division on February 3, 1993, August 9, 
1993, and August 10, 1994.
    (i) Incorporation by reference.
    (A) Letters from the Vermont Air Pollution Control Division dated 
February 4, 1993, August 9, 1993, and August 10, 1994 submitting 
revisions to the Vermont State Implementation Plan.
    (B) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.1, entitled ``Petroleum Liquid 
Storage in Fixed Roof Tanks,'' effective in the State of Vermont on 
November 13, 1992.
    (C) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.2, entitled ``Bulk Gasoline 
Terminals,'' effective in the State of Vermont on November 13, 1992.
    (D) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.3, entitled ``Bulk Gasoline 
Plants,'' effective in the State of Vermont on November 13, 1992.
    (E) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.4, entitled ``Gasoline Tank 
Trucks,'' effective in the State of Vermont on November 13, 1992.
    (F) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.5, entitled ``Stage I Vapor 
Recovery Controls at Gasoline Dispensing Facilities,'' effective in the 
State of Vermont on November 13, 1992.

[[Page 577]]

    (G) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.10, entitled ``Paper Coating,'' 
effective in the State of Vermont on November 13, 1992.
    (H) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.12, entitled ``Coating of Flat 
Wood Paneling,'' effective in the State of Vermont on November 13, 1992.
    (I) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.13, entitled ``Coating of 
Miscellaneous Metal Parts,'' effective in the State of Vermont on August 
13, 1993.
    (J) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.14, entitled ``Solvent Metal 
Cleaning,'' effective in the State of Vermont on August 13, 1993.
    (K) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.15, entitled ``Cutback and 
Emulsified Asphalt,'' effective in the State of Vermont on August 17, 
1994.
    (L) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-101, entitled ``Definitions,'' 
effective in the State of Vermont on November 13, 1992.
    (M) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-101, entitled ``Definitions,'' 
effective in the State of Vermont on August 13, 1993.
    (ii) Additional materials.
    (A) Vermont Agency of Natural Resources document entitled ``State of 
Vermont: Air Quality Implementation Plan'' dated August 1993.
    (B) Letter from the Vermont Agency of Natural Resources dated 
September 30, 1996 submitting a negative declaration for the 
shipbuilding and repair Control Techniques Guideline (CTG) category.
    (C) Letter from the Vermont Agency of Natural Resources dated April 
20, 1994 submitting a negative declaration for the synthetic organic 
chemical manufacturing industry (SOCMI) distillation and reactor 
processes CTG categories.
    (D) Letters from the Vermont agency of Natural Resources dated April 
6, 1992 and August 28, 1992 submitting negative declarations for several 
pre-1990 CTG categories.
    (E) 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

[[Page 578]]

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 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 nonattainment area\1\            SO2
                                                     ------------------------   PM10     NOX       CO       O3
                                                       Primary    Secondary
----------------------------------------------------------------------------------------------------------------
Champlain Valley Interstate--Chittenden County:
Champlain Valley Air Management Area:
    Essex Town (including Essex Jct.)...............          a            a        a        a        b        b
    Burlington City.................................          a            a        a        a        b        b
    South Burlington City...........................          a            a        a        a        b        b
    Winooski........................................          a            a        a        a        b        b
    Remainder of Air Management Area................          a            a        a        a        b        b

[[Page 579]]

 
    Remainder of County.............................          a            a        a        a        a        b
    Vermont Valley Air Management Area..............          a            a        a        a        a        a
    Addison County..................................          a            a        a        a        a        b
    Remainder of AQCR...............................          a            a        a        a        a        a
Vermont Interstate:
Central Vermont Air Management Area:
    Barre City......................................          a            a        a        a        a        a
    Remainder of Air Management Area................          a            a        a        a        a        a
    Windsor County..................................          a            a        a        a        a        b
    Remainder of AQCR...............................          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, revised as of July 1, 1978.
 
a. Air quality levels presently below secondary standards or area is unclassifiable.
b. 12/31/82.

[45 FR 10782, Feb. 19, 1980; 46 FR 33525, June 30, 1981, as amended at 
62 FR 41869, Aug. 4, 1997]



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.

[[Page 580]]

 
                                     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).....  ...................
                                     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.
                                      7/9/93     4/9/97  62 FR 17087.........  (c)(22).....  Adds definition of
                                                                                              reasonably
                                                                                              available control
                                                                                              technology (RACT).
                                    10/29/92    4/22/98  63 FR 19828.........  (c)(25).....  Add definitions
                                     7/29/93                                                  associated with
                                                                                              VOC RACT rules.
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).....  ...................

[[Page 581]]

 
                                     11/4/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
                                      7/9/93     4/9/97  62 FR 17087.........  (c)(22).....  Requires RACT for
                                                                                              major stationary
                                                                                              sources of NOX.
                                      1/4/95     4/9/97  62 FR 17087.........  (c)(22).....  NOX RACT for
                                                                                              Simpson Paper
                                                                                              Company's Gilman
                                                                                              facility.
  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 5-253 Control of            7/9/93     4/9/97  62 FR 17087.........  (c)(22).....  Requires RACT at
   volatile organic compounds.                                                                non-CTG VOC
                                                                                              sources.
                                      1/4/95     4/9/97  62 FR 17087.........  (c)(22).....  Non-CTG VOC RACT
                                                                                              for U.S. Samaica
                                                                                              Corporation's
                                                                                              Rutland facility.
  Section 5-253.1  Petroleum        10/29/92    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   Liquid Storage in Fixed Roof
   Tanks..
  Section 5-253.2  Bulk Gasoline    10/29/92    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   Terminals.
  Section 5-253.3  Bulk Gasoline    10/29/92    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   Plants..
  Section5-253.4  Gasoline Tank     10/29/92    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   Trucks..
  Section 5-253.5  Stage I vapor    10/29/92    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   recovery controls at gasoline
   dispensing facilities..
  Section 5-253.10  Paper           10/29/92    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   Coating..
  Section 5-253.12  Coating of      10/29/92    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   Flatwood Paneling..
  Section 5-253.13  Coating of       7/29/93    4/22/98  63 Fr 19829.........  (c)(25).....  ...................
   Miscellaneous Metal Parts..
  Section 5-253.14  Solvent Metal    7/29/93    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   Cleaning..
  Section 5-253.15  Cutback and       8/2/94    4/22/98  63 FR 19829.........  (c)(25).....  ...................
   Emulsified Asphalt..
  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).....  ...................
  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: PM10 Primary            11/90     8/1/97  62 FR 41282.........  (c)(23).....  Removal of the TSP
 Standards.                                                                                   standard and
                                                                                              establishment of
                                                                                              the PM10 standard.
Section 5-305: PM10 Secondary          11/90     8/1/97  62 FR 41282.........  (c)(23).....  Removal of the TSP
 Standards.                                                                                   standard and
                                                                                              establishment of
                                                                                              the PM10 standard.
  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.

[[Page 582]]

 
  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.
                                     7/14/95     8/4/97  62 FR 41870.........  (c)(24).....  ...................
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).....
                                     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; 62 FR 17087, Apr. 9, 1997; 62 FR 41282, 
Aug. 1, 1997; 62 FR 41870, Aug. 4, 1997; 63 FR 19828, Apr. 22, 1998; 63 
FR 23501, Apr. 29, 1998]

[[Page 583]]



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.
    (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

[[Page 584]]

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.
    (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

[[Page 585]]

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 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

[[Page 586]]

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 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

[[Page 587]]

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.
    (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

[[Page 588]]

(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 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.

[[Page 589]]

    (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.
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.).

[[Page 590]]

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.
    (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.

[[Page 591]]

    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 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.

[[Page 592]]

    (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), 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.

[[Page 593]]

    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.

    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).

[[Page 594]]

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.
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

[[Page 595]]

    (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:
    (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:

[[Page 596]]

    (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'' 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.

[[Page 597]]

    (106) Revisions to the Virginia State Implementation Plan submitted 
on November 6, 1992 by the Virginia Department of Environmental Quality:
    (i) Incorporation by reference.
    (A) Letter of November 6, 1992 from the Virginia Department of 
Environmental Quality transmitting revisions to Virginia's State 
Implementation Plan, pertaining to volatile organic compound 
requirements in Virginia's air quality regulations adopted by the 
Virginia State Air Pollution Control Board on October 30, 1992 and 
effective on January 1, 1993.
    (B) Revisions to Sec. 120-04-0407 (A), (B), and (C) that lower the 
applicability threshold for RACT to 50 tons per year in the Virginia 
portion of the Metropolitan Washington, D.C. serious ozone nonattainment 
area and add a RACT compliance date of May 31, 1995 for major VOC 
sources in the Richmond moderate ozone nonattainment area, and the 
Virginia portion of the Metropolitan Washington, D.C. nonattainment 
area, effective January 1, 1993.
    (ii) Additional material.
    (A) Remainder of State submittal pertaining to Sec. 120-04-0407.
    (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) Revisions to the Virginia Regulations for the Control and 
Abatement of Air Pollution submitted on March 18, 1993 by the Virginia 
Department of Air Pollution Control:
    (i) Incorporation by reference.
    (A) Letter of March 18, 1993 from the Virginia Department of Air 
Pollution Control transmitting revisions governing confidentiality of 
information.
    (B) Revisions to Virginia regulations sections 120-01-02C. 
(definition of ``confidential information'') and 120-02-30 (revisions to 
paragraphs 30A. and 30B.; addition of paragraphs 120-02-30C. through 
30E.), adopted October 30, 1992 and effective February 1, 1993.
    (ii) Additional material.
    (A) Remainder of the March 18, 1993 State submittal pertaining to 
both the definition of ``confidential information'' and the revised 
provisions to Section 120-02-30.
    (109) Revisions to the Virginia Regulations for the Control and 
Abatement of Air Pollution submitted on March 29, 1993 by the Virginia 
Department of Air Pollution Control:
    (i) Incorporation by reference.
    (A) Letter of March 29, 1993 from the Virginia Department of Air 
Pollution Control transmitting revisions governing confidentiality of 
information.
    (B) The following provisions of the Virginia regulations, adopted 
October 30, 1992 and effective January 1, 1993.
    (1) Revisions to Sections 120-08-01A.; 120-08-01C.4; 120-08-01D.; 
120-08-01F. [former SIP Section 120-08-01G.]; 120-08-01G. (except for 
paragraphs .01G.1, .01G.4.a, and .01G.4.b); 120-08-01H. (except for 
paragraph .01H.1) [former SIP Section 120-08-01F, except for paragraph 
.01F.2]; 120-08-01I. (except for paragraph .01I.2) [former SIP Section 
120-08-01L., except for paragraph .01L.2]; 120-08-01J. [former SIP 
Section 120-08-01H.]; 120-08-01K.; 120-08-01L. [former SIP Section 120-
08-01J.]; 120-08-01M. [former SIP Section 120-08-01K.]; 120-08-01P. 
[former SIP Section 120-08-01M.]; Addition of Sections 120-08-01N and 
120-08-01O.
    (2) Revisions to to following definitions in Section 120-08-01B.: 
``allowable emissions,'' ``commence,'' ``federally enforceable,'' 
``modification,'' ``potential to emit,'' ``secondary emissions'' and 
``stationary source.''
    (3) Revisions to Appendix R, Sections I (title only), II.A, II.P, 
II.Q (added), II.R (added), III.A, III.C, III.E, III.G, III.I, III.L, 
III.T, III.U, IV., V., and VIII.
    (ii) Additional material.

[[Page 598]]

    (A) Remainder of the March 29, 1993 State submittal pertaining to 
the revisions to Section 120-08-01 (except for paragraphs .01G.1, 
.01G.4.a, .01G.4.b, .01H.1, .01I.2, and .01J.2) and Appendix R listed in 
paragraphs (c)(109)(i)(B) (1) through (3) of this section.
    (B) Letter of March 18, 1996 from the Virginia Department of 
Environmental Quality, Air Division, clarifying the effect of the 
exemption of wood sawmills from the provisions of Section 120-08-01 
(Appendix R, Section II.R).
    (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.
    (111)-(112)  [Reserved]
    (113) Revisions to the Virginia State Implementation Plan submitted 
April 22, 1996 by the Virginia Department of Environmental Quality.
    (i) Incorporation by reference.
    (A) Letter of April 22, 1996 from the Virginia Department of 
Environmental Quality transmitting revisions to Virginia's State 
Implementation Plan, pertaining to regulations to control sources of 
volatile organic compounds (VOC).
    (B) Revisions to the following Virginia regulations adopted by the 
Virginia State Air Pollution Control Board on December 19, 1995 and 
effective April 1, 1996:
    (1) Added Definitions to 9-VAC 5-10-20 (General Definitions) (Former 
SIP Section 120-01-02)--``Federally enforceable'', ``Implementation 
plan'', ``Potential to Emit'', and ``State enforceable''; and revised 
definitions to 9-VAC 5-10-20 for ``Administrator'' and ``Volatile 
organic compound''.
    (2) Revisions to Article 4, Rule 4-4, ``Emission Standards for 
General Process Operations'' (Former SIP Citation--Part IV, Rule 4-4), 
sections 9 VAC 5-40-300A. (citation only), B., and C. (Former SIP 
Sections 120-04-0407A., B, and C).
    (3) Revisions to Article 4, Rule 4-4, section 9-VAC 5-40-420 (Former 
SIP Section 120-04-0419)--Introductory paragraph and paragraphs 5-40-
420.1 through .5 are revised, while paragraph 5-40-420.6 is added.
    (4) Revisions to Article 36, Rule 4-36 ``Emission Standards for 
Flexographic, Packaging Rotogravure, and Publication Rotogravure 
Printing Lines'' (former Part IV, Rule 4-36), sections 9 VAC 5-40-5060, 
subsections A., B. (citation only), C., and E.1 and .2 (Former SIP 
sections 120-04-3601.A. through D.1 and D.2); additions of sections 9 
VAC 5-40-5060.D and .E.3.
    (5) Revisions to Article 36, Rule 4-36, sections 9 VAC 5-40-5070.A., 
B. (citations only), (Former SIP section 120-04-3602.A., B.); C. 
(revised definitions for ``Flexographic printing'', ``High-solids ink or 
surface coating'', ``Low-solvent ink or surface coating'', ``Packaging 
rotogravure printing'', ``Printing'', ``Publication rotogravure 
printing'', ``Waterborne ink or surface coating'' and added definitions 
for ``Compliant ink or surface coating'', ``Cleaning solutions'', 
``Electrostatic duplication'', ``Letterpress printing'', ``Lithographic 
printing'', ``Non-compliant ink or surface coating'', ``Printing Line'', 
``Surface coating'' and ``Web''; deletion of ``Roll printing'') (Former 
SIP section 120-04-3602.C.).
    (6) Revisions to Article 36, Rule 4-36, Sections 9 VAC 5-40-5080.A. 
(Former SIP section 120-04-3603.A.); Addition of Section 9 VAC 5-40-
5080.B.; Deletion of SIP Sections 120-04-3603.B., C.; Revisions to 
Sections 9 VAC 5-40-5130.A., B. (Former SIP sections 120-04-3609.A.,

[[Page 599]]

B.); Addition of Sections 9 VAC 5-40-5130.C., D., E.; Revisions to 
Section 9 VAC 5-40-5140.A. (Former SIP section 120-04-3610.A.); Addition 
of Section 9 VAC 5-40-5140.B.; Revisions to Sections 9 VAC 5-40-5190 
(Former SIP Section 120-04-3615)--Introductory paragraph and paragraphs 
5-40-5190.1 through .5 are revised, while paragraph 5-40-5190.6 is 
added.
    (7) Revised citations of Article 36, Rule 4-36, Sections 9 VAC 5-40-
5090, 5-40-5100, 5-40-5150, 5-40-5160, 5-40-5170 and 5-40-5180 (SIP 
Sections 120-04-3605, 120-04-3606, 120-04-3611, 120-04-3612, 120-04-
3613, and 120-04-3614 respectively).
    (8) Addition of Article 45, ``Emission Standards for Lithographic 
Printing Processes'' (Rule 4-45), Sections 9 VAC 5-40-7800 through 9 VAC 
5-40-7850 inclusive; Sections 9 VAC 5-40-7880 through 9 VAC 5-40-7940 
inclusive.
    (9) Revisions to Appendix S (``Air Quality Program Policies and 
Procedures''), sections I.D and II.C.
    (10) Revisions to AQP-3 ``Procedures For the Measurement of Capture 
Efficiency For Determining Compliance With Volatile Organic Compound 
Emission Standards Covering Surface Coating Operations and Graphic Arts 
Printing Processes (Flexographic, Packaging Rotogravure, and Publication 
Rotogravure Printing Lines)''.
    (ii) Additional material.
    (A) Remainder of April 22, 1996 Commonwealth submittal pertaining to 
regulations 4-4, 4-36, 4-45 and Appendix S.
    (114) Revisions to the Virginia State Implementation Plan submitted 
April 26, 1996 by the Virginia Department of Environmental Quality.
    (i) Incorporation by reference.
    (A) Letter of April 26, 1996 from the Virginia Department of 
Environmental Quality transmitting revisions to Virginia's State 
Implementation Plan.
    (B) Revisions to the following Virginia regulation adopted by the 
Virginia State Air Pollution Control Board on December 19, 1995 and 
effective April 1, 1996:
    (1) Revisions to Article 40, Rule 4-40 ``Emission Standards for Open 
Burning'' [former Part IV, Rule 4-40], Sections 9 VAC 5-40-5600.A.(all 
revisions) and B. (citation only) (Former SIP Sections 12-04-4001.A. and 
.B.) Addition of Section 9 VAC 5-40-5600.C.
    (2) Revisions to Article 40, Rule 4-40, Sections 9 VAC 5-40-
5610.A.and B. (citations only) (Former SIP Sections 120-04-4002.A. and 
B.); revised citation for the definitions ``refuse'' and ``household 
refuse'' in Section 5-40-5610.C. (Former SIP Section 120-04-4002.C.), 
added definitions in Section 5-40-5610.C for ``Clean burning waste'', 
``Landfill'', ``Local landfill'', ``Sanitary landfill'' and ``Special 
incineration device''.
    (3) Addition of Sections 9 VAC 5-40-5620 (Open Burning 
Prohibitions), 9 VAC 5-40-5630 (Permissible Open Burning), and 9 VAC 5-
40-5640 (Waivers).
    (4) Revisions to Appendix D (Forest Management and Agricultural 
Practices), Sections II (introductory sentence), II.E. and III.F.
    (ii) Additional material.
    (A) Remainder of April 22, 1996 Commonwealth submittal pertaining to 
regulation 4-40.
    (115) Revisions to Virginia's regulations to fulfill Group III PM-10 
requirements, submitted on June 15, 1989, by the Virginia Department of 
Environmental Quality:
    (i) Incorporation by reference.
    (A) Letter of June 15, 1989 from the Virginia Department of 
Environmental Quality transmitting Virginia's Group III PM-10 SIP 
revisions to EPA.
    (B) ``Group III'' PM-10 plan revisions (effective July 1, 1988).
    (1) Virginia rule 120-01-02, which provides regulatory definitions 
for ``particulate matter,'' particulate matter emissions,'' ``PM10,'' 
``PM10 emissions,'' and ``total suspended particulate matter'';
    (2) Virginia rule 120-03-06, which provides an ambient air quality 
standard for PM-10;
    (3) Virginia rule 120-07-04, which revises rules regarding air 
pollution episodes to include PM-10 as well as TSP; and
    (4) Virginia rule 120-0802, which revise permitting rules to provide 
for the review of proposed permits with respect to PM-10.
    (ii) Additional material.
    (A) Remainder of Virginia's June 15, 1989 submittal.

[[Page 600]]

    (116) Revisions to Virginia's coke oven regulations submitted 
September 6, 1979 as revised February 14, 1985.
    (i) Incorporation by reference.
    (A) Letters of September 6, 1979 and February 14, 1985 from the 
Virginia Department of Environmental Quality transmitting regulations 
limiting particulate matter emissions from coke oven batteries.
    (B) Revisions to Virginia Department of Environmental Quality Rule 
4-9 limiting particulate emissions from coke oven batteries (effective 
March 3, 1979; January 1, 1985):
    (1) Virginia rules 120-04-0903A and 120-04-0903B, which provide mass 
emission limits from coking, charging, and pushing operations;
    (2) Virginia rule 120-04-0905, which provides a standard for visible 
emissions;
    (3) Virginia rule 120-04-0906, which provides a standard for 
fugitive dust and other fugitive emissions;
    (4) Virginia rule 120-04-0910A, which specifies the timing in the 
coking cycle of multiple tests pursuant 120-04-0903; and
    (5) Virginia rule 120-04-0910B.2 which specifies the certification 
and testing methods for Virginia Rule 120-04-0905.
    (ii) Additional material.
    (A) Remainder of Virginia's September 6, 1979 submittal related 
emission limits for coke oven batteries.
    (117) The ten year ozone maintenance plan for Hampton Roads, 
Virginia ozone nonattainment area submitted by the Virginia Department 
of Environmental Quality on August 27, 1996:
    (i) Incorporation by reference.
    (A) Letter of August 27, 1996 from the Virginia Department of 
Environmental Quality transmitting the 10 year ozone maintenance plan 
for the Hampton Roads marginal ozone nonattainment area.
    (B) The ten year ozone maintenance plan including emission 
projections, control measures to maintain attainment and contingency 
measures for the Hampton Roads ozone nonattainment area adopted on 
August 27, 1996.
    (ii) Additional material.
    (A) Remainder of August 27, 1996 Commonwealth submittal pertaining 
to the redesignation request and maintenance plan referenced in 
paragraph (c)(117)(i) of this section.
    (118) Revision to the Virginia State Implementation Plan on January 
27, 1997, by the Virginia Department of Environmental Quality:
    (i) Incorporation by reference.
    (A) A letter of January 27, 1997 from the Virginia Department of 
Environmental Quality transmitting the General Conformity Rule.
    (B) Virginia Regulation 9 VAC 5 Chapter 160--Regulation for General 
Conformity, effective Jauary 1, 1997.
    (ii) Additional Material from the Virginia's January 27, 1997 
submittal pertaining to Regulation 9 VAC 5 Chapter 160.
    (119) The ten year ozone maintenance plan for the Richmond, Virginia 
ozone nonattainment area submitted by the Virginia Department of 
Environmental Quality on July 26, 1996:
    (i) Incorporation by reference.
    (A) Letter of July 26, 1996 from the Virginia Department of 
Environmental Quality transmitting the 10 year ozone maintenance plan 
for the Richmond moderate ozone nonattainment area.
    (B) The ten year ozone maintenance plan including emission 
projections, control measures to maintain attainment and contingency 
measures for the Richmond ozone nonattainment area adopted on July 26, 
1996.
    (ii) Additional material.
    (A) Remainder of July 26, 1996 Commonwealth submittal pertaining to 
the redesignation request and maintenance plan referenced in paragraph 
(c)(119)(i) of this section.
    (120) Revisions to the State Implementation Plan submitted on April 
9, 1996, August 8, 16, 19, 23, 1996, and March 26, 1997 by the Virginia 
Department of Environmental Quality regarding non-CTG VOC RACT 
requirements for six sources:
    (i) Incorporation by reference.
    (A) Letters submitted by the Virginia Department of Environmental 
Quality transmitting source-specific VOC RACT determinations in the form 
of consent agreements on the following dates: April 9, 1996, August 8, 
16, 19, 23, 1996, and March 26, 1997.
    (B) Consent agreements:
    (1) Philip Morris--Blended Leaf, City of Richmond, VA, Consent 
Agreement

[[Page 601]]

Registration No. 50080, effective on February 27, 1996.
    (2) Philip Morris--Park 500, Chesterfield County, VA, Consent 
Agreement Registration No. 50722, effective on March 26, 1997.
    (3) Philip Morris Tobacco Manufacturing Center, City of Richmond, 
VA, Consent Agreement Registration No. 50076, effective on July 12, 
1996.
    (4) Virginia Power--Chesterfield Station, Chesterfield County, VA, 
Consent Agreement Registration No. 50396, effective on May 30, 1996.
    (5) Hercules Incorporated--Aqualon Division, City of Hopewell, VA, 
Consent Agreement Registration No. 50363, effective on July 12, 1996.
    (6) Hopewell Regional Wastewater Treatment Facility, City of 
Hopewell, VA, Consent Agreement Registration No. 50735, effective on May 
30, 1996.
    (ii) Additional material.
    (A) Technical Support Documents submitted as part of the RACT 
determinations in paragraph (c)(120) (i) of this section by the 
Commonwealth of Virginia on April 9, 1996, August 8, 16, 19, 23, 1996, 
and March 26, 1997.
    (121) Revisions to the State Implementation Plan submitted on August 
12, 21, 26, 30, 1996, September 3, 1996 and March 27, 1997 by the 
Virginia Department of Environmental Quality regarding non-CTG VOC RACT 
requirements for six sources:
    (i) Incorporation by reference.
    (A) Letters submitted by the Virginia Department of Environmental 
Quality transmitting source-specific VOC RACT determinations in the form 
of Consent Agreements on the following dates: August 12, 21, 26, 30, 
1996, September 3, 1996 and March 27, 1997.
    (B) Consent Agreements:
    (1) AlliedSignal Inc.--Hopewell Plant, City of Hopewell, VA, Consent 
Agreement Registration Number 50232, effective March 26, 1997;
    (2) AlliedSignal Inc.--Chesterfield Plant, Chesterfield County, VA, 
Consent Agreement Registration Number 50233, effective May 20, 1996;
    (3) Bear Island Paper Company, L.P., Hanover County, VA, Consent 
Agreement Registration Number 50840, effective July 12, 1996;
    (4) Stone Container Corporation Hopewell Mill, City of Hopewell, 
Virginia, Consent Agreement Registration Number 50370, effective May 30, 
1996;
    (5) E.I. DuPont de Nemours and Company, Spruance Plant, Chesterfield 
County, Virginia, Consent Agreement Registration Number 50397, effective 
May 30, 1996;
    (6) ICI Americas, Inc. Film Division--Hopewell Site, Chesterfield 
County, Virginia, Consent Agreement Registration Number 50418, effective 
May 30, 1996.
    (ii) Additional material.
    (A) Technical Support Documents submitted as part of the RACT 
determinations in paragraph (c)(121)(i) of this section by the 
Commonwealth of Virginia on August 12, 21, 23, 26, 30, 1996, September 
3, 1996 and March 27, 1997.
    (122) Revisions to the Virginia Regulations to terminate and rescind 
the 1983 alternative emission reduction plan for Bellwood Reclamation 
Plant submitted on November 12, 1997, by the Department of Environmental 
Quality:
    (i) Incorporation by reference.
    (A) Letter of November 12, 1997 from the Department of Environmental 
Quality transmitting a Consent Agreement to terminate the 1983 
alternative emission reduction plan for the Bellwood Reclamation Plant.
    (B) Consent Agreement to terminate and rescind the 1983 alternative 
emission reduction plan for the Bellwood Reclamation Plant, signed and 
effective on November 7, 1997.
    (123) Revisions to the Virginia Regulations for the Prevention of 
Significant Deterioration submitted on March 20, 1997 by the Department 
of Environmental Quality:
    (i) Incorporation by reference.
    (A) Letter of March 20, 1997 from the Department of Environmental 
Quality transmitting a SIP revision for regulations for the Prevention 
Significant Deterioration.
    (B) Letter of February 18, 1993 from the Department of Air Pollution 
Control transmitting a SIP revision for regulations defining the 
prevention of significant deterioration areas.
    (C) Letter of January 13, 1998 from the Depart of Environmental 
Quality transmitting a SIP revisions to the Virginia Administrative Code 
numbering system.

[[Page 602]]

    (D) The following provisions of the Virginia Regulations for the 
Control and Abatement of Air Pollution:
    (1) Regulations for Permits for Major Stationary Sources and Major 
Modifications Locating in Prevention of Significant Deterioration Areas, 
9 VAC 5-80-1700 through 9 VAC 5-80-1970, published in the Virginia 
Register of Regulations on November 25, 1996, effective January 1, 1997.
    (2) Appendix L to VR 120-01, renumbered as 9 VAC 5-20-205, 
Prevention of Significant Deterioration Areas, published in the Virginia 
Register of Regulations on December 2, 1991, effective January 1, 1992.
    (ii) Additional material.
    (A) Remainder of March 20, 1997 State submittal.
    (124)-(127) [Reserved]
    (128) Revision to the State Implementation Plan submitted on July 
12, 1996 by the Virginia Department of Environmental Quality regarding 
VOC RACT requirements for one VOC source.
    (i) Incorporation by reference.
    (A) The letter dated July 12, 1996 from the Virginia Department of 
Environmental Quality submitting one source-specific VOC RACT 
determination in the form of a Consent Agreement for Tuscarora 
Incorporated.
    (B) Consent Agreement for Tuscarora Incorporated--Sterling, Loudoun 
County, VA, Consent Agreement, Registration Number 71814, effective on 
June 5, 1996.
    (ii) Additional Material: Remainder of the State submittal 
pertaining to Tuscarora Incorporated.
    (129)-(130) [Reserved]
    (131) Limited approval of revisions to the Virginia State 
Implementation Plan submitted on November 9, 1992 by the Virginia 
Department of Environmental Quality:
    (i) Incorporation by reference.
    (A) Letters of November 9, 1992 and December 11, 1992 from the 
Virginia Department of Environmental Quality transmitting Virginia rule 
120-04-0408 to implement major source NOX RACT requirements 
in the Northern Virginia Emissions Control Area.
    (B) Virginia regulation 120-04-0408, ``Standard for Nitrogen 
Oxides'', pertaining to major source NOX RACT requirements, 
effective on January 1, 1993.
    (C) Renumbering of previously SIP approved sections in rule 120-04: 
-0408 and -0409 to 120-04-0409 and -0410, respectively and previously 
SIP approved sections -0412 through -0418 to -0413 through -0419, 
respectively, effective January 1, 1993.
    (ii) Additional Material--Remainder of November 9, 1992 submittal 
and supplemental information submitted by the Virginia Department of 
Environmental Quality on December 11, 1992 and August 11, 1998 
pertaining to 120-04-0408.
    (132) Limited approval of revisions to the Virginia State 
Implementation Plan submitted on November 9, 1992 and August 11, 1998 by 
the Virginia Department of Environmental Quality:
    (i) Incorporation by reference.
    (A) Letters of November 9, 1992, December 11, 1992 and August 11, 
1998 from the Virginia Department of Environmental Quality transmitting 
Virginia regulation 9 VAC 5-40-311 (formerly Appendix T) establishing 
RACT requirements on major sources in the Northern Virginia Emissions 
Control Area.
    (B) Addition of Virginia regulation 9 VAC 5-40-311, sections A, B, 
C.1, C.2, C.3.b, and C.3.d-g and Errata pages, establishing RACT 
requirements for major sources of NOX in the Northern 
Virginia Emissions Control Area, effective on July 1, 1997.
    (ii) Additional Material--Remainder of November 9, 1992 submittal 
and supplemental information submitted by the Virginia Department of 
Environmental Quality on December 11, 1992 and August 11, 1998 
pertaining to VAC 5-40-311.

[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.



Sec. 52.2421  Classification of regions.

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

[[Page 603]]



----------------------------------------------------------------------------------------------------------------
                                                                               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]



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

[[Page 604]]

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.
    (o) EPA approves the revised confidentiality of information 
provisions of Sections 120-02-30, submitted by the Virginia Department 
of Air Pollution Control on March 18, 1993, as revisions to the Virginia 
SIP. However, should Virginia submit a SIP revision request on behalf of 
a source, which contains information that has been judged confidential 
under the provisions of Section 120-02-30, Virginia must request EPA to 
consider confidentiality according to the provisions of 40 CFR part 2. 
EPA is obligated to keep such information confidential only if the 
criteria of 40 CFR part 2 are met.
    (p) EPA disapproves the revised public participation provisions of 
Sections 120-08-01G.1 and 120-08-01G.4.b, submitted by the Virginia 
Department of Air Pollution Control on March 29, 1993, as revisions to 
the Virginia SIP. These revised provisions do not meet the requirements 
of 40 CFR 51.160 and 51.161. In its place, EPA retains the SIP 
provisions of Section 120-08-01C.1.a and 01C.4.b through d. as 
originally approved at Secs. 52.2420(c)(69) [SIP section 2.33(a)(5)(ii)] 
and subsequently revised, due to format changes, at 
Secs. 52.2420(c)(89)(i)(B)(7) [SIP section 120-08-01C.4.b].

[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; 61 FR 38390, July 24, 1996]



Sec. 52.2424  Motor vehicle emissions budgets.

    (a) Motor vehicle emissions budget for the Hampton Roads maintenance 
area adjusting the mobile emissions budget contained in the maintenance 
plan for the horizon years 2015 and beyond adopted on August 29, 1996 
and submitted by the Virginia Department of Environmental Quality on 
August 29, 1996.
    (b) Motor vehicle emissions budget for the Richmond maintenance area 
adjusting the mobile emissions budget contained in the maintenance plan 
for the horizon years 2015 and beyond adopted on July 30, 1996 and 
submitted by the Virginia Department of Environmental Quality on July 
30, 1996.

[62 FR 34412, June 26, 1997, as amended at 62 FR 61240, Nov. 17, 1997]



Sec. 52.2425  1990 Base Year Emission Inventory.

    (a) 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 consists 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).
    (b) EPA approves as a revision to the Virginia State Implementation 
Plan the 1990 base year emission inventories for the Richmond-
Petersburg, Norfolk-Virginia Beach, and Smyth County ozone nonattainment 
areas submitted by the Director, Virginia Department of Environmental 
Quality on November

[[Page 605]]

11, 1992, November 18, 1992, November 1, 1993, and December 15, 1994. 
These submittals consist of the 1990 base year point, area, non-road 
mobile, biogenic and on-road mobile source emission inventories in each 
area for the following pollutants: volatile organic compounds (VOC), 
carbon monoxide (CO), and oxides of nitrogen (NOX).
    (c) EPA approves as a revision to the Virginia State Implementation 
Plan the 1990 base year emission inventories for the Northern Virginia 
ozone nonattainment areas submitted by the Director, Virginia Department 
Environmental Quality, on November 30, 1992, November 1, 1993, and April 
3, 1995. These submittals consist of the 1990 base year point, area, 
non-road mobile, biogenic and on-road mobile source emission inventories 
in each area for the following pollutants: volatile organic compounds 
(VOC), carbon monoxide (CO), and oxides of nitrogen (NOX).
    (d) EPA approves as a revision to the Virginia State Implementation 
Plan amendments to the 1990 base year emission inventories for the 
Northern Virginia ozone nonattainment area submitted by the Director, 
Virginia Department Environmental Quality, on December 17, 1997. This 
submittal consists of amendments to the 1990 base year point, area, non-
road mobile, and on-road mobile source emission inventories for the 
following pollutants: volatile organic compounds (VOC), and oxides of 
nitrogen (NOX).

[61 FR 2937, Jan. 30, 1996, as amended at 61 FR 48632, 48635, Sept. 16, 
1996; 63 FR 36858, July 8, 1998]



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.

[[Page 606]]



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


------------------------------------------------------------------------
                                                  VMT or average vehicle
                                                           speed
                                                 -----------------------
                  Roadway type                                  Vehicle
                                                    Vehicle    type (2)
                                                   type (1)       \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.
    (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]



Sec. 52.2428  Control Strategy: Carbon monoxide and ozone.

    Determination--EPA has determined that, as of November 5, 1997, the 
Richmond ozone nonattainment area, which consists of the counties of 
Chesterfield, Hanover, Henrico, and part of Charles City County, and of 
the cities of Richmonds, Colonial Heights and Hopewell, has attained the 
1-hour .12 ppm ozone standard based on three years of air quality data 
for 1993, 1994 and 1995. EPA has further determined 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 Richmond area for so long as the area does not 
monitor any violations of the 1-hour .12ppm ozone standard, or until the 
area is no longer designated nonattainment. If a violation of the ozone 
NAAQS is monitored in the Richmond ozone nonattainment area while the 
area is designated nonattainment, these determinations shall no longer 
apply.

[62 FR 52032, Oct. 6, 1997]



Secs. 52.2429--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.

    (a) 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

[[Page 607]]

relative to the emissions that would have occurred using add-on controls 
on an average not to exceed thirty days.
    (b) The Commonwealth of Virginia's March 27, 1996 submittal for an 
enhanced motor vehicle inspection and maintenance (I/M) program is 
conditionally approved based on certain contingencies, for an interim 
period to last eighteen months. If the Commonwealth fails to start its 
program according to the schedule it provided, or by November 15, 1997 
at the latest, this conditional approval will convert to a disapproval 
after EPA sends a letter to the state. If the Commonwealth fails to 
satisfy the following conditions within 12 months of this rulemaking, 
this conditional approval will automatically convert to a disapproval as 
explained under section 110(k) of the Clean Air Act. The conditions for 
approvability are as follows:
    (1) The Commonwealth must perform and submit the new modeling 
demonstration that illustrated how its program will meet the relevant 
enhanced performance standard by June 16, 1998. The Commonwealth's 
revised modeling must correspond to the actual I/M program 
configuration, including actual test methods and start dates for all I/M 
program tests, actual cutpoints to be in-place for the evaluation year, 
and all other program assumptions as they exist in the SIP. EPA expects 
that Virginia's new modeling demonstration will be done using an 
approved EPA model in order to meet this condition. Virginia should 
refer to EPA's guidance on modeling to determine which version of the 
model is appropriate and suitable for Virginia's use in meeting this 
commitment.
    (2) The Commonwealth must submit to EPA as a SIP amendment, by 
November 30, 1998, the final Virginia I/M program evaluation regulation 
requiring an approve alternative sound evaluation methodology to be 
performed on a minimum of 0.1 percent of the subject fleet each year as 
per 40 CFR 51.353(c)(3) and which meets the program evaluation elements 
as specified in 40 CFR 51.353(c).
    (3) By June 16, 1998, Virginia must adopt and submit a final 
Virginia I/M regulation which requires and which specifies detailed, 
approvable test procedures and equipment specifications for all of the 
evaporative and exhaust tests to be used in the enhanced I/M program. 
The Commonwealth has committed to adopt approvable test procedures, 
standards and specifications for its two-mode ASM test. The draft 
regulations submitted to EPA with the commitment letter, containing the 
two-mode ASM procedures and specifications do not comply in all respects 
with EPA's ASM technical guidance EPA-AA-RSPD-IM-96-2. EPA expects that 
Virginia will remedy any remaining discrepancies between its regulation 
and approved EPA specifications by the September 15, 1997 date.
    (c) In addition to the above conditions for approval, the 
Commonwealth must correct several minor, or de minimus deficiencies 
related to CAA requirements for enhanced I/M. Although satisfaction of 
these deficiencies does not affect the conditional approval status of 
the Commonwealth's rulemaking granted under the authority of Sec. 110 of 
the Clean Air Act, these deficiencies must be corrected in the final I/M 
SIP revision prior to the end of the 18-month interim period granted 
under the National Highway Safety Designation Act of 1995:
    (1) The SIP lacks a detailed description of the elements to satisfy 
the test frequency requirements required under 40 CFR 51.355(a), 
particularly regarding scheduling of vehicles for testing and the 
selection scheme for the biennial program inspections, as well as a 
description of how test frequency will be integrated with the 
registration denial motorist enforcement process;
    (2) The SIP does not fully account for all exceptions from testing 
in the emissions reductions analysis. The state must account for testing 
exceptions and account for them in their performance standard modeling 
demonstration, per 40 CFR 51.356(b)(2);
    (3) Virginia must develop quality control procedures, test equipment 
specifications, quality control procedures manual, or other ordinance or 
documents to satisfy all the quality control requirements of 40 CFR 
51.359;
    (4) Virginia must amend its regulation to allow that waivers be 
issued only by a single contractor or by the Commonwealth, per 40 CFR 
51.360(c)(1);

[[Page 608]]

    (5) The final SIP submittal must include the procedures document 
that adequately addresses the means by which the Commonwealth will 
comply with all the motorist compliance enforcement program oversight 
requirements set forth at 40 CFR 51.362;
    (6) Virginia must complete and submit as a SIP revision to EPA 
procedures manuals for use by the Commonwealth's quality assurance 
auditors to conduct covert and overt audits for program oversight 
purposes, per 40 CFR 51.363(e);
    (7) The Commonwealth must adopt, and submit as a SIP revision, a 
penalty schedule for inspectors and inspection stations, per 40 CFR 
51.364 (a) and (d);
    (8) Virginia's SIP, either the regulation or the test equipment 
specifications, must require that the specific data elements identified 
in 40 CFR 51.365(a) be collected and reported to the Commonwealth on a 
real-time basis;
    (9) Virginia must finalize and submit the final ``Public Information 
Plan'' described in the SIP, to satisfy the requirements of 40 CFR 
51.368 (a) and (b);
    (10) Virginia must formally submit the procedures and criteria to be 
used in meeting the repair performance monitoring requirements set forth 
in 40 CFR 51.369(b) and a description of the repair technician training 
resources available in the community (when available), per 40 CFR 
51.369(c);
    (11) Virginia must submit detailed recall compliance procedures and 
a commitment to annually report recall compliance information to EPA, 
per the requirements of 40 CFR 51.370;
    (12) Virginia must amend the SIP to include information regarding 
resource allocation for the on-road testing program, as well as methods 
for analyzing and reporting the results of on-road testing, per 40 CFR 
51.371. This may entail submittal of an on-road testing procedures 
manual or the request for proposals (RFP) for the contractor to be hired 
to operate the on-road testing program;
    (13) Virginia must list in its schedule of implementation milestones 
deadlines by which all procedures documents not yet part of the SIP are 
to be finalized and submitted to EPA.
    (d) EPA is also approving this Enhanced I/M SIP revision under 
section 110(k), for its strengthening effect on the plan.
    (e) The Commonwealth of Virginia's May 15, 1995 submittal for the 15 
Percent Rate of Progress Plan (15% plan) for the Northern Virginia 
portion of the Metropolitan Washington D.C. ozone nonattainment area, is 
conditionally approved based on certain contingencies, for an interim 
period. The conditions for approvability are as follows:
    (1) Virginia's 15% plan must be revised to account for growth in 
point sources from 1990-1996.
    (2) Virginia must meet the conditions listed in the November 6, 1996 
proposed conditional interim Inspection and Maintenance Plan (I/M) 
rulemaking notice, remodel the I/M reductions using the following two 
EPA guidance memos: ``Date by which States Need to Achieve all the 
Reductions Needed for the 15 Percent Plan from I/M and Guidance for 
Recalculation,'' note from John Seitz and Margo Oge, dated August 13, 
1996, and ``Modeling 15 Percent VOC Reductions from I/M in 1999--
Supplemental Guidance'', memorandum from Gay MacGregor and Sally Shaver, 
dated December 23, 1996.
    (3) Virginia must remodel to determine affirmatively the creditable 
reductions from RFG, and Tier 1 in accordance with EPA guidance.
    (4) Virginia must submit a SIP revision amending the 15% plan with a 
demonstration using appropriate documentation methodologies and credit 
calculations that the 54.5 tons/day reduction, supported through 
creditable emission reduction measures in the submittal, satisfies 
Virginia's 15% ROP requirement for the Metropolitan Washington D.C. 
nonattainment area.
    (f) Revisions to the Virginia State Implementation Plan, pertaining 
to NOX RACT requirements on major sources in the Northern 
Virginia Emissions Control Area, Virginia regulations 120-04-0408 and 9 
VAC 5-40-311, submitted on November 9, 1992, December 11, 1992, and 
August 11, 1998 by the Virginia Department of Environmental Quality are 
conditionally approved. Virginia must meet the following conditions by 
no later than May 30, 2000, in

[[Page 609]]

accordance with criteria defined in the EPA Memorandum dated November 7, 
1996 from the Director of the Air Quality Strategies and Standards 
Division of the Office of Air Quality Planning and Standards, entitled 
``Approval Options for Generic RACT Rules Submitted to Meet the Non-CTG 
VOC RACT Requirement and Certain NOX RACT Requirements.'' 
This memorandum is available at the office of the U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103. 
These conditions are:
    (1) The VADEQ must certify, in writing, that it has submitted, as 
SIP revisions, RACT determinations for all sources subject to source-
specific NOX RACT requirements; or
    (2) The VADEQ must demonstrate that the emissions from any remaining 
subject sources represent a de minimis level of emissions.

[60 FR 45056, Aug. 30, 1995, as amended at 62 FR 26748, May 15, 1997; 62 
FR 34007, June 24, 1997; 62 FR 49152, Sept. 19, 1997; 63 FR 1368, Jan. 
9, 1998; 64 FR 22792, Apr. 28, 1999]



Sec. 52.2451  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 (b) through (w) are hereby removed 
from the applicable state plan for the Commonwealth of Virginia.

[63 FR 13798, Mar. 23, 1998]



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 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. 52.2454  Prevention of significant deterioration of air quality for Merck & Co., Inc.'s Stonewall Plant in Elkton, VA.

    (a) Applicability. (1) This section applies only to the 
pharmaceutical manufacturing facility, commonly referred to as the 
Stonewall Plant, located at Route 340 South, in Elkton, Virginia 
(``site'').
    (2) This section sets forth the prevention of significant 
deterioration of air quality preconstruction review requirements for the 
following pollutants only: carbon monoxide, nitrogen oxides, ozone 
(using volatile organic compounds as surrogate), particulate matter with 
an aerodynamic diameter less than 10 microns (PM10), and 
sulfur dioxide. This section applies in lieu of Sec. 52.21 for the 
pollutants identified in this paragraph as well as particulate matter, 
but not for particulate matter with an aerodynamic diameter less than or 
equal to a nominal 2.5 microns (PM2.5) regulated as 
PM2.5; however, the preconstruction review requirements of 
Sec. 52.21, or other preconstruction review requirements that the 
Administrator approves as part of the plan, shall remain in effect for 
any pollutant which is not specifically identified in this paragraph and 
is subject to regulation under the Act.
    (b) Definitions. For the purposes of this section:
    12-month rolling total for an individual pollutant or the total 
criteria pollutants, as specified in paragraph (d) of this section, is 
calculated on a monthly basis as the sum of all actual emissions of the 
respective pollutant(s) from the previous 12 months.

[[Page 610]]

    Act means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
    Completion of the powerhouse conversion means the date upon which 
the new boilers, installed pursuant to paragraph (g) of this section, 
are operational. This determination shall be made by the site based on 
the boiler manufacturer's installation, startup and shakedown 
specifications.
    Permitting authority means either of the following:
    (1) The Administrator, in the case of an EPA-implemented program; or
    (2) The State air pollution control agency, or other agency 
delegated by the Administrator, pursuant to paragraph (o) of this 
section, to carry out this permit program.
    Process unit means:
    (1) Manufacturing equipment assembled to produce a single 
intermediate or final product; and
    (2) Any combustion device.
    Responsible official means:
    (1) The president, secretary, treasurer, or vice-president of the 
business entity in charge of a principal business function, or any other 
person who performs similar policy or decision-making functions for the 
business entity; or
    (2) A duly authorized representative of such business entity if the 
representative is responsible for the overall operation of one or more 
manufacturing, production, or operating facilities applying for or 
subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The authority to sign documents has been assigned or delegated 
to such representative in accordance with procedures of the business 
entity.
    Site means the contiguous property at Route 340 South, Elkton, 
Virginia, under common control by Merck & Co., Inc., and its successors 
in ownership, known as the Stonewall site.
    (c) Authority to issue permit. The permitting authority may issue to 
the site a permit which complies with the requirements of paragraphs (d) 
through (n) of this section. The Administrator may delegate, in whole or 
in part, pursuant to paragraph (o) of this section, the authority to 
administer the requirements of this section to a State air pollution 
control agency, or other agency authorized by the Administrator.
    (d) Site-wide emissions caps. The permit shall establish site-wide 
emissions caps as provided in this paragraph.
    (1) Initial site-wide emissions caps. The initial site-wide 
emissions caps shall be based on the site's actual emissions during a 
time period, within five years of the date of permit issuance, which 
represents normal site operation. The permitting authority may allow the 
use of a different time period upon a determination that it is more 
representative of normal source operation. Actual site-wide emissions 
shall be calculated using the actual operating hours, production rates, 
and types of materials processed, stored, or combusted during the 
selected time period.
    (i) Total criteria pollutant emissions cap. The permit shall 
establish a total criteria pollutant emissions cap (total emissions 
cap). The criteria pollutants included in the total emissions cap are 
the following: carbon monoxide, nitrogen oxides, ozone (using volatile 
organic compounds as surrogate), particulate matter with an aerodynamic 
diameter less than 10 microns, and sulfur dioxide.
    (ii) Individual pollutant caps. The permit shall establish 
individual pollutant caps for sulfur dioxide, nitrogen oxides and 
PM10.
    (2) Adjustments to the site-wide emissions caps. (i) The permit 
shall require that upon completion of the powerhouse conversion, the 
site shall reduce the site-wide emissions caps as follows:
    (A) The total emissions cap shall be reduced by 20 percent from the 
initial site-wide emissions cap established pursuant to paragraph 
(d)(1)(i) of this section.
    (B) The sulfur dioxide cap shall be reduced by 25 percent from the 
initial site-wide emissions cap established pursuant to paragraph 
(d)(1)(ii) of this section.
    (C) The nitrogen oxide cap shall be reduced by 10 percent from the 
initial site-wide emissions cap established pursuant to paragraph 
(d)(1)(ii) of this section.

[[Page 611]]

    (ii) The permit may specify other reasons for adjustment of the 
site-wide emissions caps.
    (e) Operating under the site-wide emissions caps. (1) The permit 
shall require that the site's actual emissions of criteria pollutants 
shall not exceed the total emissions cap established pursuant to 
paragraph (d) of this section.
    (2) The permit shall require that the site's actual emissions of 
sulfur dioxide, nitrogen oxides and PM10 shall not exceed the 
respective individual pollutant cap established pursuant to paragraph 
(d) of this section.
    (3) Compliance with the total emissions cap and individual pollutant 
caps shall be determined by comparing the respective cap to the 12-month 
rolling total for that cap. Compliance with the total emissions cap and 
individual pollutant caps shall be determined within one month of the 
end of each month based on the prior 12 months. The permit shall set 
forth the emission calculation techniques which the site shall use to 
calculate site-wide actual criteria pollutant emissions.
    (4) Installation of controls for significant modifications and 
significant new installations. (i) This paragraph applies to significant 
modifications and significant new installations. Significant 
modifications for the purposes of this section are defined as changes to 
an existing process unit that result in an increase of the potential 
emissions of the process unit, after consideration of existing controls, 
of more than the significance levels listed in paragraph (e)(4)(ii) of 
this section. Significant new installations for the purposes of this 
section are defined as new process units with potential emissions before 
controls that exceed the significance levels listed in paragraph 
(e)(4)(ii) of this section. For purposes of this section, potential 
emissions means process unit point source emissions that would be 
generated by the process unit operating at its maximum capacity.
    (ii) The significance levels for determining significant 
modifications and significant new installations are: 100 tons per year 
of carbon monoxide; 40 tons per year of nitrogen oxides; 40 tons per 
year of sulfur dioxide; 40 tons per year of volatile organic compounds; 
and 15 tons per year of PM10.
    (iii) For any significant modification or significant new 
installation, the permit shall require that the site install, at the 
process unit, emission controls, pollution prevention or other 
technology that represents good environmental engineering practice in 
the pharmaceutical or batch processing industry, based on the emission 
characteristics (such as flow, variability, pollutant properties) of the 
process unit.
    (f) Operation of control equipment. The permit shall require that 
the site shall continue to operate the emissions control equipment that 
was previously subject to permit requirements at the time of issuance of 
a permit pursuant to this section. This equipment shall be operated in a 
manner which minimizes emissions, considering the technical and physical 
operational aspects of the equipment and associated processes. This 
operation shall include an operation and maintenance program based on 
manufacturers' specifications and good engineering practice.
    (g) Powerhouse conversion. The permit shall require that the site 
convert the steam-generating powerhouse from burning coal as the primary 
fuel to burning natural gas as the primary fuel and either No. 2 fuel 
oil or propane as backup fuel.
    (1) The new boilers shall be equipped with low nitrogen oxides 
technology.
    (2) The site shall complete the powerhouse conversion (completion of 
the powerhouse conversion) no later than 30 months after the effective 
date of the permit.
    (h) Monitoring, recordkeeping and reporting. (1) The permit shall 
set forth monitoring, recordkeeping, and reporting requirements 
sufficient to demonstrate compliance with the site-wide emissions caps. 
The monitoring, recordkeeping and reporting requirements shall be 
structured in a tiered system, such that the requirements become more 
stringent as the site's emissions approach the total emissions cap.
    (2) At a minimum, the permit shall require that the site submit to 
the permitting authority semi-annual reports of the site-wide criteria 
pollutant emissions (expressed as a 12-month rolling total) for each 
month covered

[[Page 612]]

by the report. These reports shall include a calculation of the total 
emissions cap, as well as, the emissions of sulfur dioxide, nitrogen 
oxides, carbon monoxide, volatile organic compounds and PM10.
    (3) Any reports required by the permit to be submitted on an annual 
or semi-annual basis shall contain a certification by the site's 
responsible official that to his belief, based on reasonable inquiry, 
the information submitted in the report is true, accurate, and complete.
    (4) Any records required by the permit shall be retained on site for 
at least five years.
    (i) Air quality analysis. The permittee shall demonstrate, prior to 
permit issuance and on a periodic basis which shall be specified in the 
permit, that emissions from construction or operation of the site will 
not cause or contribute to air pollution in excess of any:
    (1) Maximum allowable increase or maximum allowable concentration 
for any pollutant, pursuant to section 165 of the Act;
    (2) National ambient air quality standard or;
    (3) Other applicable emission standard or standard of performance 
under the Act.
    (j) Termination. (1) The permit may be terminated as provided in 
this paragraph for reasons which shall include the following, as well as 
any other termination provisions specified in the permit:
    (i) If the Administrator or the permitting authority determines that 
continuation of the permit is an imminent and substantial endangerment 
to public health or welfare, or the environment;
    (ii) If the permittee knowingly falsifies emissions data;
    (iii) If the permittee fails to implement the powerhouse conversion 
pursuant to paragraph (g) of this section;
    (iv) If the permittee receives four consent orders or two judgments 
adverse to the site arising from non-compliance with this permit in a 
five year period that are deemed material by the Administrator or the 
permitting authority; or
    (v) If the total emissions cap is exceeded.
    (2) In the event of termination, the Administrator or the permitting 
authority shall provide the permittee with written notice of its intent 
to terminate the permit. Within 30 calendar days of the site's receipt 
of this notice, the site may take corrective action to remedy the cause 
of the termination. If this remedy, which may include a corrective 
action plan and schedule, is deemed acceptable by the Administrator or 
the permitting authority (whichever agency provided written notice of 
its intent to terminate the permit), the action to terminate the permit 
shall be withdrawn. Otherwise, the permit shall be terminated in 
accordance with procedures specified in the permit.
    (3) Termination of the permit does not waive the site's obligation 
to complete any corrective actions relating to non-compliance under the 
permit.
    (k) Inspection and entry. (1) Upon presentation of credentials and 
other documents as may be required by law, the site shall allow 
authorized representatives of the Administrator and the permitting 
authority to perform the following:
    (i) Enter upon the site;
    (ii) Have access to and copy, at reasonable times, any records that 
must be kept under the conditions of the permit;
    (iii) Have access at reasonable times to batch and other plant 
records needed to verify emissions.
    (iv) Inspect at reasonable times any facilities, equipment 
(including monitoring and control equipment), practices, or operations 
required under the permit;
    (v) Sample or monitor any substances or parameters at any location, 
during operating hours, for the purpose of assuring permit compliance or 
as otherwise authorized by the Act.
    (2) No person shall obstruct, hamper, or interfere with any such 
authorized representative while in the process of carrying out his 
official duties. Refusal of entry or access may constitute grounds for 
permit violation and assessment of civil penalties.
    (3) Such site, facility and equipment access, and sampling and 
monitoring

[[Page 613]]

shall be subject to the site's safety and industrial hygiene procedures, 
and Food and Drug Administration Good Manufacturing Practice 
requirements (21 CFR parts 210 and 211) in force at the site.
    (1) Transfer of ownership. The terms of the permit are transferable 
to a new owner upon sale of the site, in accordance with provisions 
specified by the permit.
    (m) Permit issuance. The permitting authority shall provide for 
public participation prior to issuing a permit pursuant to this section. 
At a minimum, the permitting authority shall:
    (1) Make available for public inspection, in at least one location 
in the area of the site, the information submitted by the permittee, the 
permitting authority's analysis of the effect on air quality including 
the preliminary determination, and a copy or summary of any other 
materials considered in making the preliminary determination;
    (2) Notify the public, by advertisement in a newspaper of general 
circulation in the area of the site, of the application, the preliminary 
determination, and of the opportunity for comment at a public hearing as 
well as written public comment;
    (3) Provide a 30-day period for submittal of public comment;
    (4) Send a copy of the notice of public comment to the following: 
the Administrator, through the appropriate Regional Office; any other 
State or local air pollution control agencies, the chief executives of 
the city and county where the site is located; any State, Federal Land 
Manager, or other governing body whose lands may be affected by 
emissions from the site.
    (5) Provide opportunity for a public hearing for interested persons 
to appear and submit written or oral comments on the air quality impact 
of the site, the control technology required, and other appropriate 
considerations.
    (n) Permit modifications. The permit shall specify the conditions 
under which the permit may be modified by the permitting authority. The 
permitting authority shall modify the permit in accordance with the 
procedures set forth in this paragraph.
    (1) Permit modifications that require public participation. For any 
change that does not meet the criteria for an administrative permit 
modification established in paragraph (n)(2)(i) of this section, the 
permitting authority shall provide an opportunity for public 
participation, consistent with the provisions of paragraph (m) of this 
section, prior to processing the permit modification.
    (2) Administrative permit modification. (i) An administrative permit 
modification is a permit revision that:
    (A) Corrects typographical errors;
    (B) Identifies a change in the name, address, or phone number of any 
person identified in the permit, or provides a similar minor 
administrative change at the site;
    (C) Requires more frequent monitoring, recordkeeping, or reporting 
by the permittee;
    (D) Allows for a change in ownership or operational control of a 
source where the permitting authority determines that no other change in 
the permit is necessary, provided that a written agreement containing a 
specific date for transfer of permit responsibility, coverage, and 
liability between the current and new permittee has been submitted to 
the permitting authority.
    (E) Updates the emission calculation methods specified in the 
permit, provided that the change does not also involve a change to any 
site-wide emissions cap.
    (F) Changes the monitoring, recordkeeping or reporting requirements 
for equipment that has been shutdown or is no longer in service.
    (G) Any other change that is stipulated in the permit as qualifying 
as an administrative permit modification, provided that the permit 
condition which includes such stipulation has already undergone public 
participation in accordance with paragraph (m) of this section.
    (ii) An administrative permit modification may be made by the 
permitting authority consistent with the following procedures:
    (A) The permitting authority shall take final action on any request 
for an administrative permit modification

[[Page 614]]

within 60 days from receipt of the request, and may incorporate such 
changes without providing notice to the public, provided that the 
permitting authority designates any such permit revisions as having been 
made pursuant to this paragraph.
    (B) The permitting authority shall submit a copy of the revised 
permit to the Administrator.
    (C) The site may implement the changes addressed in the request for 
an administrative permit modification immediately upon submittal of the 
request to the permitting authority.
    (o) Delegation of authority. (1) The Administrator shall have the 
authority to delegate the responsibility to implement this section in 
accordance with the provisions of this paragraph.
    (2) Where the Administrator delegates the responsibility for 
implementing 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 (n) of this section to the Administrator 
through the appropriate Regional Office.

[62 FR 52638, Oct. 8, 1997]



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.

[[Page 615]]

    (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.
    (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

[[Page 616]]

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 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

[[Page 617]]

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, 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

[[Page 618]]

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, 
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);

[[Page 619]]

-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 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.

[[Page 620]]

    (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 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.

[[Page 621]]

    (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), 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

[[Page 622]]

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 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.

[[Page 623]]

    (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 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

[[Page 624]]

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.
    (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.
    (61) SIP revisions received from WDOE on August 21, 1995, requiring 
vehicle owners to comply with its I/M program in the two Washington 
ozone nonattainment areas classified as ``marginal'' and in the three 
carbon monoxide nonattainment areas classified as ``moderate''. This 
revision applies to the Washington counties of Clark, King, Pierce, 
Snohomish, and Spokane.
    (i) Incorporation by reference.
    (A) July 26, 1995 letter from Director of WDOE to the Regional 
Administrator of EPA submitting revisions to WDOE's SIP consisting of 
the July 1995 Washington State Implementation Plan for the Motor Vehicle 
Inspection and Maintenance Program (including Appendices A through F), 
adopted August 1, 1995, and a supplement letter and ``Tools and 
Resources'' table dated May 10, 1996.
    (62) On September 30, 1994, the Director of WDOE submitted to the 
Regional Administrator of EPA a revision to the Carbon Monoxide State 
Implementation Plan for, among other things, the CO attainment 
demonstration for the Central Puget Sound carbon monoxide nonattainment 
area. This was submitted to satisfy federal requirements under section 
187(a)(7) of the Clean Air Act, as amended in 1990, as a revision to the 
carbon monoxide State Implementation Plan.
    (i) Incorporation by reference.
    (A) September 30, 1994, letter from WDOE to EPA submitting an 
attainment demonstration revision for the Central Puget Sound CO 
nonattainment area (adopted on September 30, 1994); a supplement letter 
and document from WDOE, ``Reexamination of Carbon Monoxide Attainment 
Demonstration for the Tacoma Carbon Monoxide Monitoring Site for the 
Supplement to the State Implementation Plan for Washington State, A Plan 
for Attaining and Maintaining National Ambient Air Quality Standards for 
Carbon Monoxide in the Puget Sound Nonattainment Area,'' dated May 10, 
1996; and a supplement letter and document from WDOE, ``Revisions to the 
May 1996 Reexamination of Carbon Monoxide Attainment Demonstration for 
the Tacoma Carbon Monoxide Monitoring Site'', dated September 12, 1996.
    (63) On September 30, 1994, the Director of WDOE submitted to the 
Regional Administrator of EPA a revision to the carbon monoxide State 
Implementation Plan for, among other things, the 1990 and 1995 Emission 
Inventories for Area, Nonhighway Mobile, and On-Road Mobile Sources.
    (i) Incorporation by reference.

[[Page 625]]

    (A) September 30, 1994, letter from WDOE to EPA submitting emission 
inventories for the Puget Sound CO nonattainment area (adopted on 
September 30, 1994); NonHighway Mobile Sources Emission Inventory for 
Carbon Monoxide and Precursors of Ozone for King, Pierce and Snohomish 
Counties Base Year 1990, dated December 1993; Stationary Area Sources 
Emission Inventory for Carbon Monoxide and Precursors of Ozone for King, 
Pierce and Snohomish Counties Base Year 1990, dated December 1993; 
Stationary Area Sources Emission Inventory for Carbon Monoxide and 
Precursors of Ozone for King, Pierce and Snohomish Counties Projection 
Year 1995, dated September 1994; Supplement to the SIP, ``Puget Sound 
Carbon Monoxide Nonattainment Area,'' Replacement Pages, dated September 
1994; Non-Road Mobile Sources Emission Inventory for Carbon Monoxide and 
Precursors of Ozone for King, Pierce and Snohomish Counties, Base Year 
1990, dated September 1994; Non-Highway Mobile Sources Projections for 
1995 Emission Inventory for Carbon Monoxide and Precursors of Ozone for 
King, Pierce and Snohomish Counties, dated September 1994; Seattle-
Tacoma Urban Carbon Monoxide Nonattainment Area 1990 Base Year On Road 
Mobile Source Emissions Inventory, dated August 1994; and Seattle-Tacoma 
Urban Carbon Monoxide Nonattainment Area 1995 Projected Year On Road 
Mobile Source Emissions Inventory, dated August 1994.
    (64) Minor revisions consisting of amended regulations affecting 
WDOE and a local air agency, PSAPCA, were submitted to EPA from WDOE for 
inclusion into the Washington SIP.
    (i) Incorporation by reference.
    (A) Letters dated January 26, 1995 and December 27, 1995 from the 
Director of the WDOE to the EPA Regional Administrator which included 
deletion of two regulations from the Washington SIP (Chapter 173-402 WAC 
Civil Sanctions under Washington Clean Air Act, and Chapter 173-440 WAC 
Sensitive Areas), adopted on February 1, 1995, and the following 
revisions to PSAPCA's regulations for inclusion into the SIP: Regulation 
I, Section 3.11 Civil Penalties, Section 5.07 Registration Fees, and 
Section 5.11 Registration of Oxygenated Gasoline Blenders; and 
Regulation III, Section 1.01 Policy, all adopted on September 14, 1995.
    (65) Several minor revisions consisting of amended regulations 
affecting a local air agency, the Puget Sound Air Pollution Control 
Agency, were submitted to EPA from the Washington State Department of 
Ecology for inclusion into the Washington State Implementation Plan.
    (i) Incorporation by reference.
    (A) Letter dated May 24, 1996 from the Director of the Washington 
State Department of Ecology to the EPA Regional Administrator submitting 
revisions to the Puget Sound Air Pollution Control Agency regulations 
for inclusion into the State Implementation Plan: Puget Sound Air 
Pollution Control Agency, Regulation I, Article 8, Outdoor Fires, 
sections 8.02, Outdoor Fires-Prohibited Types, and 8.05, Agricultural 
Burning, effective 3/14/96; Puget Sound Air Pollution Control Agency, 
Regulation III, Article 3, Source-Specific Emission Standards, section 
3.03, Perchloroethylene Dry Cleaners, effective 12/14/95.
    (66) On March 4, 1996 the Director of WDOE submitted to the Regional 
Administrator of EPA a revision to the Ozone State Implementation Plan 
for the Puget Sound area requesting the Puget Sound Nonattainment Area 
be reclassified to attainment and containing a maintenance plan that 
demonstrates continued attainment of the NAAQS for ozone. The emission 
inventory projections are included in the maintenance plan.
    (i) Incorporation by reference.
    (A) Letter submitted on March 4, 1996 from the Washington State 
Department of Ecology requesting the redesignation and submitting the 
maintenance plan; Central Puget Sound Region Redesignation Request and 
Maintenance Plan for the National Ambient Ozone Standard adopted on 
Febuary 6, 1996.
    (ii) Additional material.
    (A) Appendices to the Central Puget Sound Region Redesignation 
Request and Maintenance Plan for the National Ambient Ozone Standard, 
November 1995: Appendix A, Technical Analysis Protocol; Appendix B, 
Ozone Air Quality Monitoring Site Network; Appendix

[[Page 626]]

C, Ambient Ozone Monitoring Data; Appendix D, Historical and Projected 
Puget Sound Region VMT and Employment; Appendix E, 1993-2010 Emission 
Inventory Projection; Appendix F, Transportation Conformity Process; 
Appendix G, Outline of Puget Sound Tropospheric Ozone Research Plan; and 
Appendix H, Prospective Vehicle Inspection and Maintenance (Vehicle I/M) 
Program Evaluation Outline.
    (67) On February 29, 1996 the Director of WDOE submitted to the 
Regional Administrator of EPA a revision to the Carbon Monoxide State 
Implementation Plan for the Central Puget Sound area containing a 
maintenance plan that demonstrated continued attainment of the NAAQS for 
carbon monoxide through the year 2010 and also containing an oxygenated 
fuels program as a contingency measure to be implemented if the area 
violates the CO NAAQS.
    (i) Incorporation by reference.
    (A) The February 29, 1996 letter from WDOE to EPA requesting the 
redesignation of the Puget Sound carbon monoxide nonattainment area to 
attainment and submitting the maintenance plan; the Central Puget Sound 
Region Redesignation Request and Maintenance Plan for the National 
Ambient Carbon Monoxide Standard dated January 1996.
    (ii) Additional material.
    (A) Letter dated May 2, 1996, to EPA from the Puget Sound Air 
Pollution Control Agency, subject ``Carbon Monoxide SIP Applicability on 
Indian Lands;'' and Appendices to the Puget Sound Region Redesignation 
Request and Maintenance Plan for the National Ambient Carbon Monoxide 
Standard dated January 1996: Appendix A, Technical Analysis Protocol; 
Appendix B, Carbon Monoxide Air Quality Data Monitoring Network; 
Appendix C, Ambient Carbon Monoxide Monitoring Data; Appendix D, 
Historical and Projected Puget Sound Region VMT and Employment; Appendix 
E, Emission Inventory Projection; Appendix F, Analysis of the 
Probability of Continued CO Attainment in Puget Sound; and Appendix G, 
Transportation Conformity Process.
    (68) On March 19, 1996, the Director of Washington State Department 
of Ecology (Washington) submitted to the Regional Administrator of EPA a 
revision to the Carbon Monoxide State Implementation Plan for the 
Vancouver area containing a maintenance plan that demonstrated continued 
attainment of the NAAQS for carbon monoxide through the year 2006 and 
also containing 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 March 19, 1996 from Washington to EPA requesting 
the redesignation of the Vancouver carbon monoxide nonattainment area to 
attainment and submitting the maintenance plan; the ``Supplement to the 
State Implementation Plan for Carbon Monoxide (CO) in Vancouver, WA--
Redesignation Request for Vancouver, WA as Attainment for CO,'' dated 
December 19, 1995, and adopted on February 29, 1996.
    (B) Letters dated January 22, 1993 and April 22, 1994 from 
Washington to EPA submitting a revision and replacement pages to the 
State Implementation Plan; enclosure dated November 1992 entitled 
``Portland-Vancouver Carbon Monoxide Non-attainment Area (Washington 
State Portion), 1990 Base Year Emissions Inventory,'' together with the 
emission inventory replacement pages for carbon monoxide in Vancouver, 
dated December 1993.
    (ii) Additional material.
    (A) Appendices to the Vancouver Area Redesignation Request and 
Maintenance Plan for the National Ambient Carbon Monoxide Standard dated 
December 1995: Appendix A, Technical Analysis Protocol; Appendix B, 
Carbon Monoxide Air Quality Data Monitoring Network; Appendix C, Carbon 
Monoxide Saturation Study; Appendix D, Carbon Monoxide Air Quality 
Monitoring Data; Appendix E, Emission Inventory; Appendix F, Conformity 
Process; Appendix G, Historical and Projected Population, Employment and 
Households; Appendix H, Portland/Vancouver Carbon Monoxide Nonattainment 
Area Separation Documentation; Appendix I, Washington Department of 
Ecology Vancouver Carbon Monoxide Study; and Appendix J, Maintenance 
Planning Process.

[[Page 627]]

    (69) EPA received from the Washington Department of Ecology 
PM10 nonattainment area plans for Wallula and Spokane, 
Washington, as revisions to the Washington state implementation plan.
    (i) Incorporation by reference.
    (A) November 13, 1991 letter from Washington Department of Ecology 
(WDOE) to EPA Region 10 submitting the State Implementation Plan for 
Particulate Matter in the Wallula Study Area, A Plan for Attaining and 
Maintaining the National Ambient Air Quality Standard for 
PM10 (including Appendices ``D'' (Exceptional Events 
Analysis), ``E'' (Reasonably Available Control Measure Analysis), ``F'' 
(Reasonably Available Control Technical Analysis of Boise Cascade, 
Wallula), and ``H'' (Discussion of Modified Attainment Demonstration)), 
adopted November 14, 1991; May 18, 1993 letter from WDOE forwarding a 
report titled, ``Addendum to the State Implementation Plan for the 
Wallula PM-10 Nonattainment Area, Reasonably Available Control Measure 
Analysis'', further describing the control measures being implemented in 
the area; June 23, 1994 letter from WDOE providing additional 
information describing the status of the control measures and forwarding 
an analysis of windblown dust in the area; April 28 and May 18, 1995, 
letters from WDOE to EPA Region 10, providing additional information on 
the allowable and fugitive emissions for point sources and air quality 
dispersion modeling; June 1, 1995, letter from WDOE providing 
information on allowable emissions; and a September 6, 1995, letter from 
WDOE forwarding a revised emission inventory for point sources within 
the Wallula nonattainment area.
    (B) December 9, 1994, letter from WDOE submitting the Spokane 
PM10 Attainment Plan (including Appendices ``C'' (Analysis of 
PM10 Data/Exceedances of the 24-Hour Standard), ``E'' 
(Detailed Analysis of Dust Storms/Analysis of the Impact of Biogenic 
PM10 Sources), ``F'' (Analysis of PM10 Data/
Exceedances of the 24-Hour Standard, Excluding Dust Storms), ``I'' 
(Reasonable Available Control Measures Analysis), ``J,'' (Additional 
Controls/Contingency Measures), ``K,'' (Dispersion Modelling and 
Attainment Demonstration), and ``L,'' (Demonstration of Attainment of 
the Annual Standard)), dated December 1994, and adopted December 12, 
1994;
    (C) Spokane County Air Pollution Control Authority (SCAPCA) Order 
No. 91-01 providing for an alternate opacity limit for the Kaiser 
Aluminum and Chemical Corporation, Trentwood aluminum facility; SCAPCA 
Orders 96-03, 96-04, 96-05 and 96-06 (all dated April 24, 1996) lowering 
the potential to emit for the Kaiser Aluminum--Trentwood facility; and
    (D) SCAPCA regulations: Article VI, section 6.05, ``Particulate 
Matter and Preventing Particulate Matter from Becoming Airborne,'' 
section 6.14, ``Standards for Control of Particulate Matter on Paved 
Surfaces,'' and section 6.15, ``Standards for Control of Particulate 
Matter on Unpaved Roads;'' (effective November 12, 1993); and Article 
VIII, ``Solid Fuel Burning Device Standards,'' (adopted April 7, 1988).
    (ii) Additional material.
    (A) SCAPCA's zoning ordinance provisions requiring the paving of new 
parking lots (4.17.059 and 4.802.080 of the Zoning Code of Spokane 
County, dated 5/24/90).
    (70) On January 24, 1996 the Director of WDOE submitted to the 
Regional Administrator of EPA regulations of the SWAPCA for the control 
of air pollution in Clark, Cowlitz, Lewis, Skamania and Wahkiakum 
Counties, Washington (SWAPCA 400--General Regulation for Air Pollution 
Sources).
    (i) Incorporation by reference.
    (A) The January 24, 1996, letter from WDOE to EPA submitting 
requests for revisions to the Washington SIP to include regulations of 
the SWAPCA for the control air of pollution in Clark, Cowlitz, Lewis, 
Skamania and Wahkiakum Counties, Washington, as revisions to the 
Washington SIP, State-effective September 21, 1995. EPA is approving the 
following sections of SWAPCA 400--General Regulation for Air Pollution 
Sources: 010; 020; 030 except the second sentence of (14), (45) and 
(80); 040 except (1)(c), (1)(d), (2), (4) and (6)(a); 050 except the 
exception provision of (3); 052; 060; 070 except (5); 074; 081; 091; 100 
except the first sentence of (3)(a)(iv) and (4); 101; 105; 107; 109 
except

[[Page 628]]

for (3)(b), (3)(c), (3)(g), (3)(h), and (3)(i), 110; 112; 113; 114; 151; 
161; 171; 190; 200; 205; 210; 220; 230; 240; 250; 260; 270; and 280.
    (71) On March 6, 1996, the Director of the Washington State 
Department of Ecology (Ecology) submitted to the Regional Administrator 
of EPA a revision to the Puget Sound Air Pollution Control Agency 
Regulations, Regulations I, II, and III.
    (i) Incorporation by reference.
    (A) Letter dated August 6, 1996 from the Department of Ecology to 
EPA revising the Puget Sound Air Pollution Control Agency Regulations; 
Regulation II Section 3.11 (Coatings and Ink Manufacturing), effective 
on May 16, 1996; and Regulation III Section 3.01 (Hard and Decorative 
Chromium Electroplating and Chromium Anodizing), effective on July 18, 
1996.
    (72) On November 26, December 3, and December 11, 1996, the Director 
of the Washington State Department of Ecology (Washington) submitted to 
the Regional Administrator of EPA revisions to the State Implementation 
Plan consisting of amendments to Washington regulations which remove the 
requirement for oxygenated gasoline in the Vancouver and Central Puget 
Sound areas.
    (i) Incorporation by reference.
    (A) Chapter 173-492, Washington Administrative Code (WAC), Motor 
Fuel Specifications for Oxygenated Gasoline, adopted December 5, 1996; 
Southwest Air Pollution Control Authority (SWAPCA) 492, Oxygenated 
Fuels, effective November 21, 1996; and Puget Sound Air Pollution 
Control Agency, Regulation II, Section 2.09, Oxygenated Gasoline 
Contingency Measure and Fee Schedule, revised July 11, 1996.
    (73) The Washington Department of Ecology (WDOE) and the Oregon 
Department of Environmental Quality (ODEQ) submitted Maintenance Plans 
that demonstrate continued attainment of the NAAQS for O3 and 
requested redesignation of the Pdx/Van interstate nonattainment area 
from nonattainment to attainment for O3. The SIP revision 
requests were submitted by the WDOE on June 13, 1996, and by ODEQ on 
August 30, 1996. A number of other O3 supporting revisions 
are included in this submittal they are: the 1990 O3 Emission 
Inventories; changes to the NSR programs; regulations implementing the 
hybrid low enhanced I/M programs; an expanded vehicle inspection 
boundary; minor RACT rule changes (Vancouver only); Employee Commute 
Options rule (Portland only); Voluntary Parking Ratio rule (Portland 
only); PSEL management rules (Portland only); and local area source 
supporting rules.
    (i) Incorporation by reference.
    (A) Vancouver, Washington Ozone Maintenance Plan and Redesignation 
Request--state adopted June, 17, 1996.
    (B) Washington Inspection and Maintenance SIP revision WAC 173 422-
030, -050, -060, -070, -170, -190--State adopted November 9, 1996.
    (C) NSR: SWAPCA 400-030 (except for the second sentence of 
subsections (14) and (49), and subsection (84)), 101, 109 (except 
subsections (3)(b), (3)(c), (3)(g), (3)(h), and (3)(i)), 110, 111, 112, 
113, 114, 116, and 190, effective November 21, 1996.
    (D) Supporting Rules.
    (1) SWAPCA 491-010, -015, -020, -030, -040, -050, -060,--State-
effective on November 1, 1996.
    (2) SWAPCA 490-010, -020, -025, -030, -040, -080, -090, -200, -201, 
-202, -203, -204, -205, -207, -208--State effective November 21, 1996.
    (3) SWAPCA 493-100, 493-200-010, -020, -030, -040, -050, -060, 493-
300-010, -020, -030, -040, -050, -060, 493-400-010, -020, -030, -040, -
050, -060, -070, 493-500-010, -020, -030, -040,--State effective May 26, 
1996.

    Editorial Note: At 62 FR 42217, Aug. 6, 1997, the following 
paragraph (c)(73) was added; however, paragraph (c)(73) already exists 
in the 1997 edition:

    (73) On November 26, 1996 and April 7, 1997, the Director of the 
Washington State Department of Ecology (Washington) submitted to the 
Regional Administration of EPA revisions to the State Implementation 
Plan consisting of minor amendments to Puget Sound Air Pollution Control 
Agency (PSAPCA) Regulations I and III.

    (i) Incorporation by reference.

    (A) PSAPC Regulations approved--Regulation I, Sections 3.11, 3.23, 
5.02, 5.05, 5.07, 6.03, 7.09--State-adopted 9/12/96. Regulation III, 
Section 4.03--State-adopted 9/12/96. Regulation I, Sections 5.03 and 
6.04--State-adopted 12/12/96. Regulation III, Sections 1.11, 2.01, and 
2.05--State-adopted 12/12/96.

[[Page 629]]

    (74) On November 26, 1996 and April 7, 1997, the Director of the 
Washington State Department of Ecology (Washington) submitted to the 
Regional Administration of EPA revisions to the State Implementation 
Plan consisting of minor amendments to Puget Sound Air Pollution Control 
Agency (PSAPCA) Regulations I and III.
    (i) Incorporation by reference.
    (A) PSAPCA Regulations approved--Regulation I, Sections 3.11, 3.23, 
5.02, 5.05, 5.07, 6.03, 7.09--State-adopted 9/12/96. Regulation III, 
Section 4.03--State-adopted 9/12/96. Regulation I, Sections 5.03 and 
6.04--State-adopted 12/12/96. Regulation III, Sections 1.11, 2.01 and 
2.05--State-adopted 12/12/96.
    (75) On January 22, 1993, September 14, 1993, and April 30, 1996, 
the Director of the Washington Department of Ecology submitted to the 
Regional Administrator of EPA four revisions to the SIP consisting of 
amendments to the Spokane CO SIP.
    (i) Incorporation by reference.
    (A) Letter dated January 22, 1993, from Washington to EPA requesting 
approval of revisions to the Spokane CO portion of the Washington State 
Implementation Plan; the ``Supplement to the State Implementation Plan 
for Washington State, Spokane Carbon Monoxide Nonattainment Area,'' 
dated January 1993, Sections 6.0, 6.1, 6.3, and 6.4.
    (B) Letter dated September 14, 1993, from Washington to EPA 
providing supplementary information to that submitted on January 22, 
1993; ``Spokane County Carbon Monoxide Non-attainment Area 1990 Base 
Year Emissions Inventory,'' dated November 1992.
    (C) Two letters dated April 30, 1996, from Washington to EPA 
submitting two revisions to the SIP; ``Supplement to A Plan for 
Attaining and Maintaining National Ambient Air Quality Standards for the 
Spokane Carbon Monoxide Nonattainment Area,'' dated March 1995; and 
``Supplement to the State Implementation Plan for Washington State, 
Spokane County Carbon Monoxide Nonattainment Area, Supplement 1 of 2,'' 
replacement pages for Sections 2.5 and 6.2 of Section 4.5.2.CO.1 of the 
State Implementation Plan, dated January 1996; ``Supplement to the State 
Implementation Plan for Washington State, Spokane County Carbon Monoxide 
Nonattainment Area, Supplement 2 of 2,'' new Section 10.0, Contingency 
Measures, of Section 4.5.2.CO.1 of the State Implementation Plan, dated 
January 1996; and Spokane County Air Pollution Control Authority Motor 
Fuel Specifications for Oxygenated Gasoline, Regulation I, Article VI, 
Section 6.16, adopted July 6, 1995.
    (ii) Additional material.
    (A) Letter of September 29, 1995, submitting CO Periodic Emission 
Inventory Reports; ``Spokane County Carbon Monoxide Nonattainment Area, 
1993 Periodic Update Emissions Inventory,'' dated September 1995.
    (76) On March 24, 1989, the Washington Department of Ecology 
submitted a plan for attaining and maintaining the NAAQS for PM10 in the 
Yakima PM10 moderate nonattainment area requesting EPA's review and 
approval. The plan was amended with additional submittals between 1992 
and 1995.
    (i) Incorporation by reference.
    (A) The attainment plan is contained in the following documents: a 
submittal of March 24, 1989, adopted that same date, from Washington 
State Department of Ecology, titled, State Implementation Plan for 
Particulate Matter--Yakima Area A Plan for Attaining and Maintaining the 
National Ambient Air Quality Standard for PM10; a supplement to the plan 
adopted August 19, 1992, titled, Supplement State Implementation Plan 
for Particulate Matter (PM10) in Yakima, WA and an addendum adopted 
February 3, 1994 on contingency measures.
    (B) Portions of Restated Regulation I of the Yakima County Clean Air 
Authority, effective December 15, 1995, including Article I; Article II 
except Section 2.01; Article III; Article IV; Article V except Section 
5.09; Article VIII; Article IX; Article XI; Article XII except Section 
12.02; and, Article XIII except Sections 13.04 and 13.05.
    (ii) Additional material:
    (A) August 19, 1992: A modeling and inventory supplement to the 
original plan.
    (B) March 10, 1995: A supplemental information package primarily on 
emissions and modeling.

[[Page 630]]

    (C) June 27, 1995: A supplemental letter on monitoring, public 
notice and emissions.
    (D) August 17, 1995: A supplemental emissions analysis.
    (E) November 3, 1995: More emissions analysis and the maintenance 
demonstration.
    (77) On December 30, 1997, the Director of the Washington State 
Department of Ecology submitted to the Regional Administration of EPA 
revisions to the State Implementation Plan consisting of minor 
amendments to Puget Sound Air Pollution Control Agency (PSAPCA) 
Regulation I.
    (i) Incorporation by reference.
    (A) PSAPCA Regulations approved--Regulation I, Sections 3.11, 5.05, 
5.07, 6.04, 6.10--State-adopted 9/11/97.
    (78) EPA approves a minor revision to the SIP dated January 8, 1998 
to include a variance to a permit issued to the U.S. Army for the 
operation of three heat recovery incinerators located at Fort Lewis by 
local air pollution control agency, the Puget Sound Air Pollution 
Control Agency.
    (i) Incorporation by reference.
    (A) Puget Sound Air Pollution Control Agency, Notice of Construction 
No. 7216, Date: Nov 25, 1997.
     (79) February 22, 1999, letter from WDOE submitting a revision and 
replacement pages to the State Implementation Plan for the Spokane PM-10 
Attainment Plan that will preserve the applicability of Section 6.14 
Standards for Control of Particulate Matter on Paved Surfaces, and 
Section 6.15 Standards for Control of Particulate Matter on Unpaved 
Roads, should the area be redesignated as attainment or the pre-existing 
PM-10 standard is revoked for Spokane.
    (i) Incorporation by reference.
    (A) Spokane County Air Pollution Control Authority's Regulation I., 
Article VI: Section 6.14 Standards for Control of Particulate Matter on 
Paved Surfaces and; Section 6.15 Standards for Control of Particulate 
Matter on Unpaved Roads, effective February 13, 1999.

[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.



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

[[Page 631]]

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 
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

[[Page 632]]

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.

       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]

[[Page 633]]

 
             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]
             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 sections (1) and
                                                       (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]

[[Page 634]]

 
             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]
             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

[[Page 635]]

 
             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
             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]

[[Page 636]]

 
             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]
             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]
 

[[Page 637]]

 
                                          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]
             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]

[[Page 638]]

 
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]
 
                      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 3.01                             Chromic acid plating and anodizing [12/09/93]
             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]
 
----------------------------------------------------------------------------------------------------------------

[[Page 639]]

 
              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]
             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]
 
----------------------------------------------------------------------------------------------------------------

[[Page 640]]

 
              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, as amended at 62 FR 68188, Dec. 31, 1997]



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]



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.

[[Page 641]]

    (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 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.

[[Page 642]]

    (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 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

[[Page 643]]

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.
    (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

[[Page 644]]

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 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) Revisions to the West Virginia implementation plan for sulfur 
dioxide (SO2) in New Manchester Grant-Magisterial District, 
Hancock County submitted on February 17, 1995, as amended on May 3, 1996 
by West Virginia Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of February 17, 1995 from Mr. David C. Callaghan, 
Director, West Virginia Division of Environmental Protection 
transmitting a SIP revision

[[Page 645]]

for the New Manchester-Grant Magisterial District, Hancock County 
SO2 nonattainment area.
    (B) Letter of May 3, 1996 from Mr. Laidley Eli McCoy, Ph.D., 
Director, West Virginia Division of Environmental Protection 
transmitting an amendment to the February 17, 1995 SIP revision 
submittal for the New Manchester-Grant Magisterial District, Hancock 
County SO2 nonattainment area.
    (C) Implementation plan document (as amended, May 3, 1996), entitled 
``Revision to the West Virginia State Implementation Plan to Achieve and 
Maintain the National Ambient Air Quality Standards for Sulfur Dioxide 
in the New Manchester-Grant Magisterial District''.
    (D) Consent order entered into by and between the State of West 
Virginia and the Quaker State Corporation on January 9, 1995. The 
consent order was effective on January 9, 1995.
    (E) Consent order entered into by and between the State of West 
Virginia and the Weirton Steel Corporation on January 9, 1995. The 
consent order was effective on January 9, 1995.
    (ii) Additional material.
    (A) Remainder of West Virginia's February 17, 1995 submittal, as 
amended on May 3, 1996.
    (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.
    (38)  [Reserved]
    (39) Revisions to the West Virginia Regulations 45 CSR 14 submitted 
on August 10, 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 revisions to 45 
CSR 14 ``Permits for Construction and Major Modification of Major 
Stationary Sources of Air Pollution for the Prevention of Significant 
Deterioration''.
    (B) Revisions to 45 CSR 14, effective July 7, 1993, including 
revisions to definitions and the addition of NO2 increment 
provisions. Not included in this incorporation by reference are 45 CSR 
14 paragraphs 1.1, 1.2, 2.1, 2.4, 2.9, 2.11, 2.13, 2.13, 2.22, 2.26, 
2.27, 2.32, 2.33 to 2.38, 3.2, 4.1 to 4.3, 5.1, 7.1 to 7.4, 8.1, 10.1, 
10.4, 10.7, and 11.1.
    (40) Revisions to the West Virginia Regulations 45 CSR 14 submitted 
on May 20, 1996 by the West Virginia Division of Environmental 
Protection:
    (i) Incorporation by reference.
    (A) Letter of May 20, 1996 from the West Virginia Division of 
Environmental Protection transmitting revisions to 45 CSR 14 ``Permits 
for Construction and Major Modification of Major Stationary Sources of 
Air Pollution for the Prevention of Significant Deterioration''.

[[Page 646]]

    (B) Revisions to 45 CSR 14, effective May 1, 1995, including the 
addition of PM-10 increment provisions, revisions to definitions, and 
preconstruction review requirements for electric steam generating units. 
Not included in this incorporation by reference are 45 CSR 14 paragraphs 
4.1 to 4.3, 7.3, 8.1, 10.1, 10.2, 10.4, and 11.1.

[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]



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.
    (e)-(f)  [Reserved]
    (g) The Administrator approves West Virginia's November 22, 1995 SIP 
submittal for the Follansbee, West Virginia PM-10 nonattainment area as 
fulfilling the section 189(a)(1)(B) requirement for a demonstration that 
the plan is sufficient to attain the PM-10 NAAQS.

[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; 61 
FR 58482, Nov. 15, 1996]

[[Page 647]]



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).
    (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

[[Page 648]]

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.
    (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

[[Page 649]]

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 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

[[Page 650]]

(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 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.

[[Page 651]]

    (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.
    (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

[[Page 652]]

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 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.

[[Page 653]]

    (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
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-

[[Page 654]]

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. 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.

[[Page 655]]

    (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 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

[[Page 656]]

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 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.

[[Page 657]]

    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.
    (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

[[Page 658]]

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.
    (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

[[Page 659]]

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 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

[[Page 660]]

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 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

[[Page 661]]

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 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,

[[Page 662]]

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.
    (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

[[Page 663]]

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.
    (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)

[[Page 664]]

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, 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

[[Page 665]]

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 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.

[[Page 666]]

    (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 
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

[[Page 667]]

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 
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.

[[Page 668]]

    (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 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.

[[Page 669]]

    (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.
    (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) On October 18, 1995, the Wisconsin Department of Natural 
Resources submitted a revision to the State Implementation Plan for 
general conformity rules. The general conformity SIP revisions enable 
the State of Wisconsin 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.
    (A) NR 489, as created and published in the (Wisconsin) Register, 
September, 1995, number 477, effective October 1, 1995.
    (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.

[[Page 670]]

    (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.
    (94) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on November 
17, 1995. This revision consists of a site-specific revision for the 
GenCorp Inc.-Green Bay facility. This revision is required under 
Wisconsin's federally approved rule, NR 419.05. The storage requirements 
contained in NR 419.05 specifically require floating roofs, vapor 
condensation systems, and vapor holding tanks, or an equally effective 
alternative control method approved by the Wisconsin Department of 
Natural Resources and U.S. EPA. The GenCorp Inc.-Green Bay facility has 
chosen to utilize a pressure vessel storage tank with a vapor balance 
system, as specified in Permit 95-CHB-407 which was issued on August 29, 
1995. This pressure vessel will be used for the storage of acrylonitrile 
that will be used to manufacture styrene-butadiene-acrylonitrile latex.
    (i) Incorporation by reference. The following sections of the 
Wisconsin air pollution construction permit 95-CHB-407 are incorporated 
by reference.
    (A) The permit condition requiring a pressure vessel storage tank 
with a vapor balance system for the styrene-butadiene-acrylonitrile 
latex manufacturing process, as created and published Wisconsin Permit 
95-CHB-407, August 29, 1995 and effective August 29, 1995.
    (95) On March 15, 1996, Wisconsin submitted a site-specific SIP 
revision in the form of a consent order for incorporation into the 
federally enforceable ozone SIP. This consent order establishes an 
alternate volatile organic compound control system for a cold cleaning 
operation at the General Electric Medical Systems facility located at 
4855 West Electric Avenue in Milwaukee.
    (i) Incorporation by reference. The following items are incorporated 
by reference.
    (A) State of Wisconsin Consent Order AM-96-200, dated February 20, 
1996.
    (B) September 15, 1995 letter from Michael S. Davis, Manager--Air 
and Chemical Management Programs, General Electric Medical Systems to 
Denese Helgeland, Wisconsin Department of Natural Resources, along with 
the enclosed system diagram. (This letter is referenced in Consent Order 
AM-96-200.)
    (96)-(97) [Reserved]
    (98) On November 6, 1996, the State of Wisconsin submitted rules 
pertaining to requirements under the Prevention of Significant 
Deterioration program. Wisconsin also submitted rule packages as 
revisions to the state implementation plans for particulate matter and 
revisions to the state implementation plans for clarification changes.
    (i) Incorporated by reference. The following sections of the 
Wisconsin Administrative Code (WAC) are incorporated by reference. Both 
rule packages, AM-27-94 and AM-9-95, were published in the (Wisconsin) 
Register in April 1995, No. 472, and became effective May 1, 1995. AM-
27-94 modifies Chapter NR, Sections 400.02(39m), 404.05, 405.02, 405.07, 
405.08, 405.10, 405.14, and 484.04 of the WAC. AM-9-95 modifies Chapter 
NR, Sections 30.03, 30.04, 400 Note, 400.02, 400.03, 401.04, 404.06, 
405.01, 405.02, 405.04, 405.05, 405.07, 405.08, 405.10, 406, 407, 408, 
409, 411, 415, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 429, 
436, 438, 439, 445m, 447, 448, 449, 484, 485, 488, 493, and 499 of the 
WAC.

[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:

[[Page 671]]



----------------------------------------------------------------------------------------------------------------
                                                                                  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)                   II        III       III       III        III
 Interstate...............................................
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]



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

[[Page 672]]

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.

----------------------------------------------------------------------------------------------------------------
                                                                   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.

[[Page 673]]

 
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 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.

[[Page 674]]

    (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.

----------------------------------------------------------------------------------------------------------------
                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)-(c) [Reserved]
    (d) The requirements of sections 160 through 165 of the Clean Air 
Act are met, except for sources seeking permits to locate in Indian 
country within the State of Wisconsin; and sources with permits issued 
by EPA prior to the effective date of the state's rules.
    (e) Regulations for the prevention of the 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 for sources wishing to locate in Indian country; and 
sources constructed under permits issued by EPA.

[45 FR 52741, Aug. 7, 1980, as amended at 46 FR 9585, Jan. 29, 1981; 64 
FR 28748, May 27, 1999]

[[Page 675]]



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]
    (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

[[Page 676]]

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.
    (j) Approval--On June 14, 1995, the Wisconsin Department of Natural 
Resources submitted a revision to the ozone State Implementation Plan. 
The submittal pertained to a plan for the implementation and enforcement 
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.
    (k) Approval--On December 15, 1995, and May 15, 1996, the Wisconsin 
Department of Natural Resources submitted requests to redesignate 
Walworth County and Sheboygan and Kewaunee Counties, respectively, from 
nonattainment to attainment for ozone. The State also submitted 
maintenance plans as required by section 175A of the Clean Air Act, 42 
U.S.C. 7505a. Elements of the section 175A maintenance plans include 
attainment emission inventories for NOX and VOC, 
demonstrations of maintenance of the ozone NAAQS with projected emission 
inventories to the year 2007 for NOX and VOC, plans to verify 
continued attainment, and contingency plans. If a violation of the ozone 
NAAQS, determined to be caused by local sources is monitored, Wisconsin 
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 and review the data for quality 
assurance. A plan to analyze the violation, including an analysis of 
meteorological conditions, will be submitted within 60 days to EPA-
Region 5 for approval. Within 14 months of the violation, Wisconsin will 
complete and public notice the analysis and submit it to EPA-Region 5 
for review. If the analysis shows that local sources caused the 
violation, Wisconsin will implement the contingency measures within 24 
months after the violation. The contingency measures to be implemented 
in Walworth County are Stage II vapor recovery and non-Control 
Technology Guideline (non-CTG) Reasonably available control technology 
(RACT) limits. Contingency measures to be implemented in either Kewaunee 
or Sheboygan County are lower major source applicability thresholds for 
industrial sources and new gasoline standards which will lower VOC 
emissions. The redesignation request and maintenance plan meet the 
redesignation requirements in section 107(d)(3)(E) and 175A of the Act, 
respectively.
    (l) Wisconsin's November 15, 1994 request for a temporary delay of 
the ozone attainment date for Manitowoc County from 1996 to 2007 and 
suspension of the automatic reclassification of Manitowoc County to 
serious nonattainment for ozone is approved, based on Wisconsin's 
demonstration through photochemical grid modeling that transport from 
upwind areas makes it ``practicably impossible'' for the County to 
attain the ozone National Ambient Air Quality Standard by its original 
attainment date.

[[Page 677]]

    (m) Approval--On July 10, 1996, the Wisconsin Department of Natural 
Resources submitted a revision to the ozone State Implementation Plan. 
The submittal pertained to a request to waive the Oxide of Nitrogen 
requirements for transportation conformity in the Milwaukee and 
Manitowoc ozone nonattainment areas.

[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; 61 FR 
43675, Aug. 26, 1996; 61 FR 43972, Aug. 27, 1996; 62 FR 39448, July 23, 
1997; 63 FR 5464, Feb. 3, 1998]



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, 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.

[[Page 678]]

    (A) Letter from Randolph Wood, Administrator, Wyoming Air Quality 
Division, dated April 12, 1985, submitting the Wyoming Visibility SIP 
and Regulations.
    (B)(1) Wyoming Air Quality Standards and Regulations (WAQSR), 
Section 21.n. (1) and (2) adopted on January 22, 1985.
    (2) WAQSR, Section 24.b.(1)(f) adopted on January 22, 1985.
    (3) WAQSR, Section 24.b.(6) (a) and (b) revised and adopted on 
January 22, 1985.
    (17) A revision to the SIP was submitted by the Administrator of the 
Wyoming Air Quality Division on September 6, 1988, for visibility 
general plan requirements, monitoring, and long-term strategies.
    (i) Incorporation by reference.
    (A) Letter dated September 6, 1988, Charles A. Collins, 
Administrator of the Wyoming Air Quality Division, submitting a SIP 
revision for visibility protection.
    (B) The SIP revision for visibility protection, ``Section 28 
Visibility'' of the Wyoming Air Quality Standards and Regulations, and 
``Wyoming State Implementation Plan for Class I Visibility Protection'' 
was adopted by the Wyoming Environmental Quality Council on March 23, 
1988, and became effective on May 10, 1988.
    (18) On September 6, 1988, the Administrator of the Air Quality 
Division, as the Governor's designee, submitted a plan revising the 
stack height regulations, Wyoming Air Quality Standards and Regulations 
(WAQSR) section 21(d).
    (i) Incorporation by reference.
    (A) Revisions to the Wyoming Air Quality Standards and Regulation 
section 21(d), stack heights, were adopted and effective on May 10, 
1988.
    (19) In a letter dated August 5, 1986, the Administrator of the Air 
Quality Division of Wyoming, submitted the stack height demonstration 
analysis. EPA is approving the demonstration analysis for all of the 
stacks.
    (i) Incorporation by reference. (A) Stack height demonstration 
analysis submitted by the State in a letter dated August 5, 1986.
    (20) A revision to the SIP was submitted by the Administrator of the 
Wyoming Air Quality Division on March 14, 1989, to address the Group III 
PM-10 SIP requirements and Group II PM-10 SIP requirements for Lander, 
Wyoming.
    (i) Incorporation by reference.
    (A) Amendments to the Wyoming Air Quality Standards and Regulations: 
section 2 (Definitions) (a)(xxx), section 3 (Ambient Standards for 
Particulate Matter) (a), section 20 (Air Pollution Emergency Episodes) 
(b)(ii), section 21 (Permit Requirements for Construction, Modification, 
and Operation) (c)(ii) and section 24 (Prevention of Significant 
Deterioration) (a)(xx)(A), (b)(i)(E)(VI)(1.)(c.)(f.)(h.) & (1.), 
(b)(iii), (b)(iv), (b)(viii), and (b)(xii)(D)(E)(F) & (G), effective 
February 13, 1989.
    (B) March 14, 1989 letter from Charles A. Collins, Administrator of 
the Wyoming Air Quality Division to James J. Scherer, EPA Region VIII 
Regional Administrator, identifying the effective date of the above 
regulation amendments.
    (21) On November 20, 1990, the Governor of Wyoming submitted 
revisions to the plan. The revisions include amendments to the 
prevention of significant deterioration of air quality (PSD) regulations 
to incorporate the nitrogen dioxide (NO2) increments, 
revisions to the new source review requirements and PSD regulations to 
make them federally enforceable, and revisions to the PSD regulations to 
allow establishment of multiple baseline areas which may have different 
baseline dates and different baseline concentrations.
    (i) Incorporation by reference. (A) Revisions to the Wyoming Air 
Quality Standards and Regulations, Section 2, Definitions, Section 21, 
Permit Requirements for Construction, Modification, and Operation, and 
Section 24, Prevention of Significant Deterioration, effective October 
30, 1990.
    (ii) Additional material. (A) November 5, 1990, letter from Douglas 
Skie, EPA, to Charles A. Collins, Administrator, Air Quality Division, 
Wyoming Department of Environmental Quality.
    (22) On September 6, 1988, the Governor of Wyoming submitted 
revisions to Section 3 of the Wyoming Air Quality Standards and 
Regulations, adding subsection (d) which defines ``ambient

[[Page 679]]

air'' for surface coal mines located in Wyoming's Powder River Basin.
    (i) Incorporation by reference.
    (A) Revisions to Section 3(d) of the Wyoming Air Quality Standards 
and Regulations, effective June 5, 1987.
    (ii) Additional material.
    (A) Memorandum of Agreement signed on December 22, 1993 by Dennis 
Hemmer, Director, Department of Environmental Quality, State of Wyoming, 
and on January 24, 1994 by Patricia D. Hull, Director, Air, Radiation 
and Toxics Division, EPA Region VIII.
    (23) On November 1, 1993, the Governor of Wyoming submitted a plan 
for the establishment and implementation of a Small Business Assistance 
Program to be incorporated into the Wyoming State Implementation Plan as 
required by section 507 of the Clean air Act.
    (i) Incorporation by reference.
    (A) November 1, 1993, letter from the Governor of Wyoming submitting 
a Small Business Assistance Program plan to EPA.
    (B) The State of Wyoming plan for the establishment and 
implementation of a Small Business Assistance Program, adopted September 
16, 1993, by the Wyoming Environmental Quality Council.
    (24) On August 28, 1989, the Governor of Wyoming submitted revisions 
to the Wyoming State implementation plan (SIP) for Sheridan, Wyoming. In 
addition to the original August 28 submittal, eight submittals 
containing information in response to EPA requests and to the new Clean 
Air Act Amendments were submitted. The August 28, 1989, submittal, in 
combination with the eight subsequent submittals, satisfy those moderate 
PM10 nonattainment SIP requirements due on November 15, 1991. 
Included in the August 28, 1989, submittal were PM10 
contingency measures for Sheridan to satisfy the requirements of section 
172(c)(9) of the Act that were due by November 15, 1993.
    (i) Incorporation by reference.
    (A) ``The City of Sheridan, Air Quality Maintenance Plan,'' 
including the Street Winter Maintenance Plan and the contingency plan 
calling for the use of deicing chemicals on downtown streets, adopted on 
February 21, 1989.
    (ii) Additional material.
    (A) Letter dated November 21, 1989, from the Wyoming Department of 
Environmental Quality to EPA which includes a memorandum dated November 
15, 1989 from the Wyoming Attorney General's Office to the Wyoming 
Department of Environmental Quality; the memorandum includes Wyoming 
Statute 35-11-201.
    (25) On November 12, 1993, the Governor of Wyoming submitted 
revisions to the Wyoming State Implementation Plan (SIP). Specifically, 
the State submitted revisions to the Wyoming Air Quality Standards and 
Regulations (WAQSR), section 21 ``Permit requirements for construction, 
modification and operation.'' Among other things, these revisions were 
made to address the non-attainment New Source Review (NSR) provisions of 
part D of the Act for PM10 nonattainment areas, which were 
due to EPA on June 30, 1992.
    (i) Incorporation by reference.
    (A) The following subsections of section 21 of the Wyoming Air 
Quality Standards and Regulations ``Permit requirements for 
construction, modification and operation,'' adopted on September 16, 
1993 and effective October 26, 1993: subsections (a)(ii), (a)(iii), 
(a)(v), (c)(ii)(B), (k)(vii) and (o).
    (ii) Additional material.
    (A) Letter from Mary A. Throne, Assistant Attorney General, to the 
Governor of Wyoming, dated October 1, 1993, documenting the necessary 
legal authority under state law to adopt and implement the revised 
regulation.
    (26) On March 14, 1995, the Governor of Wyoming submitted revisions 
to the prevention of significant deterioration permitting regulations in 
Section 24 of the Wyoming Air Quality Standards to incorporate changes 
in the Federal PSD permitting regulations for utility pollution control 
projects, PM-10 increments, and to make other minor changes.
    (i) Incorporation by reference.
    (A) Revisions to Section 24 of the Wyoming Air Quality Standards, 
subsections (a)(ix)(B), (a)(x)(H)-(K), (a)(xii)(D), (a)(xv), (a)(xix)(D) 
and (E), (a)(xxviii)-(xxxv), (b)(i)(A)(I), (b)(i)(E)(VI)(1), (b)(viii), 
and (b)(xii)(I), effective 2/13/95.

[[Page 680]]

    (27) On September 15, 1982, the Administrator of the Wyoming Air 
Quality Division submitted clarifications and revisions to the 
particulate matter control requirements of Section 25 of the Wyoming Air 
Quality Standards and Regulations (WAQSR) for FMC Corporation in the 
Trona Industrial Area. In addition, on May 16, 1985, the Administrator 
of the Wyoming Air Quality Division submitted revisions to the 
construction permitting requirements in Section 21 of the WAQSR to 
specify guidelines for best available control technology for new large 
mining operations. The Governor of Wyoming submitted revisions to 
Section 21 of the WAQSR, ``Permit requirements for construction, 
modification, and operation,'' on November 12, 1993. Last, the Governor 
of Wyoming submitted revisions to Section 24 of the WAQSR, ``Prevention 
of Significant Deterioration,'' on March 14, 1995.
    (i) Incorporation by reference.
    (A) Revisions to Section 25 of the WAQSR, ``Sweetwater County Non-
Attainment Area Particulate Matter Regulations,'' subsection c.(2), 
effective September 13, 1982.
    (B) Revisions to Section 21 of the WAQSR, ``Permit requirements for 
construction, modification, and operation,'' subsection c.(5), effective 
May 10, 1985.
    (C) Revisions to Section 21 of the WAQSR, ``Permit requirements for 
construction, modification, and operation,'' subsection (a)(iv), 
effective October 26, 1993.
    (D) Revisions to Section 24 of the WAQSR, ``Prevention of 
Significant Deterioration,'' subsections (a)(xix), (b)(iv), and 
(b)(xii)(H), effective February 13, 1995.

[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.

    Effective Date Note:  At 64 FR 27181, May 19, 1999, Sec. 52.2620 was 
amended by adding paragraph (c)(27), effective July 19, 1999.



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]



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.

[[Page 681]]

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

[41 FR 36653, Aug. 31, 1976, as amended at 51 FR 40676, Nov. 7, 1986]

[[Page 682]]



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]



Sec. 52.2634   Correction of approved plan.

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

[61 FR 47059, Sept. 6, 1996]



                            Subpart AAA--Guam



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.
    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.

[[Page 683]]

    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.

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

[[Page 684]]

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]



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]

[[Page 685]]



                        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 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

[[Page 686]]

Air Act, on June 29, 1979 by the Governor of the Commonwealth of Puerto 
Rico.
    (27) Supplementary submittals of SIP revision material from the 
Puerto Rico Environmental Quality Board, dated:
    (i) October 30, 1979, containing policy statements of EQB with 
regard to: Its objective to attain both the primary and secondary 
particulate matter air quality standards by December 31, 1982, 
assurances with regard to meeting the requirements of reasonable further 
progress, verification of the detail of its annual reporting effort, 
clarification of the operation of its offset program and correction of 
the related inventory and graphical presentations.
    (ii) July 24, 1980, providing a comprehensive set of adopted 
regulations, entitled ``Regulation for the Control of Atmospheric 
Pollution.''
    (iii) August 6, 1980, providing a commitment to submit ``external 
offsets'' as SIP revisions.
    (28) A submittal by the Puerto Rico Environmental Quality Board 
entitled, ``Revised Provisions for SIP Air Quality Monitoring Plan,'' 
April 1980.
    (29) Revision submitted by the Puerto Rico Environmental Quality 
Board on April 26, 1982, as modified by a July 8, 1982 letter, which 
grants a visible emissions standard variance to ovens ``A'' and ``B'' of 
the Owens-Illinois, Inc. Vega Alta plant. This variance remains in 
effect until November 2, 1985.
    (30) Revision submitted on March 3, 1981 by the Commonwealth of 
Puerto Rico's Environmental Quality Board which establishes fuel oil 
sulfur content limitations (known as ``sulfur assignments'') applicable 
to the 110 sources. On October 20, 1983, 78 of these 110 sources had 
their sulfur assignments approved by EPA.
    (31) Revision submitted on May 30, 1984 by the Commonwealth of 
Puerto Rico's Environmental Quality Board which establishes fuel oil 
sulfur content limitations (known as ``sulfur assignments'') applicable 
to the Bristol Alpha Corporation.
    (32) An Implementation Plan for attainment of the lead standard was 
submitted on September 28, 1984 by the Chairman of the Puerto Rico 
Environmental Quality Board. On December 12, 1984, the Chairman 
submitted a schedule for establishing a program to review new sources of 
lead.
    (33) Revision submitted by the Puerto Rico Environmental Quality 
Board on September 6, 1983, which grants a visible emissions variance 
from Commonwealth Rule 403, ``Visible Emissions,'' from 20 percent to 45 
percent for the crude unit and from 20 percent to 35 percent for the hot 
oil/final lube unit located at the Yabucoa Sun Oil Company's plant in 
Yabucoa.
    (34) Revision submitted by the Puerto Rico Environmental Quality 
Board on December 31, 1986, which grants a visible emissions standard 
variance to Owen-Illinois, Inc. Vega Alta plant.
    (i) Incorporation by reference. Resolution and notification 
announcing a Certificate of Renewal to Commonwealth of Puerto Rico Law 
403 of the Regulation for Control of Atmospheric Pollution; adopted on 
July 9, 1986.
    (ii) Additional material. Documents submitted on December 31, 1986 
in support of the above resolution.
    (35) A revision submitted on November 14, 1993 by the Chairman of 
the Puerto Rico Environmental Quality Board (EQB) for the Municipality 
of Guaynabo. The submittal was made to satisfy those moderate 
PM10 nonattainment area SIP requirements due for the 
Municipality of Guaynabo as outlined in the Clean Air Act of 1990.
    (i) Incorporation by reference:
    (A) Regulations:
    (1) Amendments to Part I, Rule 102, ``Definitions,'' of the Puerto 
Rico Regulations for the Control of Atmospheric Pollution, effective 
April 2, 1994.
    (2) Amendments to Part II, Rule 201, ``Location Approval,'' Rule 
202, ``Air Quality Impact Analysis,'' and Rule 203, ``Permit to 
Construct a Source,'' of the Puerto Rico Regulations for the Control of 
Atmospheric Pollution, effective April 2, 1994.
    (3) Amendments to Part IV, Rule 401, ``Generic Prohibitions,'' Rule 
402, ``Open Burning,'' Rule 403, ``Visible Emissions,'' Rule 404, 
``Fugitive Dust,'' and Rule 423, ``Limitations for the Guaynabo 
PM10 Nonattainment Area,'' of the Puerto Rico Regulations for 
the Control of Atmospheric Pollution, effective April 2, 1994.
    (B) Memoranda of Understanding (MOU):

[[Page 687]]

    (1) MOU signed by the Chairman of EQB and the Executive Director of 
Puerto Rico Electrical Power Authority, San Juan plant, limiting the 
sulfur-in-fuel level, annual operation capacity, and requiring the 
submittal of monthly sampling reports of its fuel's sulfur content, 
effective January 31, 1994.
    (2) MOU signed by the Chairman of EQB and the Secretary of Puerto 
Rico Department of Transportation and Public Works and the Executive 
Director of the Highway Authority to maintain and control the 
reconstruction of existing roads and the construction of new roads, 
effective July 2, 1993.
    (3) MOU signed by the Chairman of EQB and the Mayor of the 
Municipality of Guaynabo to pave and maintain the streets, roads and 
parking areas located in the Municipality of Guaynabo, effective 
December 13, 1993.
    (4) MOU signed by the Chairman of EQB and the Executive Director of 
the Puerto Rico Port Authority to pave and maintain the streets, roads, 
and parking areas that lead into the port area in Puerto Nuevo, Guaynabo 
and San Juan, effective October 14, 1993.
    (36) Revisions to the Puerto Rico Regulations for the Control of 
Atmospheric Pollution (the Regulations) submitted on September 29, 1995 
by the Puerto Rico Environmental Quality Board (EQB).
    (i) Incorporation by reference.
    (A) Regulations:
    (1) Amendments to Part I, ``General Provisions'', Rules 102, 105, 
106, 107, 109, 110, 111, 114, 117, and 121, effective September 28, 
1995.
    (2) Amendments to Part II, ``Approval and Permit'', Rules 201, 203, 
204, 205, 206, and 209, effective September 28, 1995.
    (3) Amendments to Part III, ``Variance'', Rule 301, effective 
September 28, 1995.
    (4) Amendments to Part IV, ``Prohibitions'', Rules 401, 402, 403, 
404, 405, 406, 408, 409, 410, 412, 413, 414, and 417, effective 
September 28, 1995.
    (5) Amendments to Part V, ``Fees'', Rule 501, effective September 
28, 1995.
    (ii) Additional information.
    (A) Request by EQB to remove Rules 411, 418, 419, 420 and 421 of 
Part IV, ``Prohibitions'' of the Regulations from the federally approved 
SIP dated September 29, 1995.
    (B) An October 4, 1996 letter from EQB to EPA requesting that EPA 
delay approval of Rules 112 and 211.

[37 FR 10905, May 31, 1972, as amended at 41 FR 8968, Mar. 2, 1976; 41 
FR 51017, Nov. 19, 1976; 45 FR 72658, Nov. 3, 1980; 46 FR 23417, Apr. 
27, 1981; 48 FR 28271, June 21, 1983; 48 FR 48669, Oct, 20, 1983; 49 FR 
38103, Sept. 27, 1984; 50 FR 7338, Feb. 22, 1985; 50 Fr 15423, Apr. 18, 
1985; 52 FR 38419, Oct. 16, 1987; 60 FR 28338, May 31, 1995; 62 FR 3213, 
Jan. 22, 1997]



Sec. 52.2721  Classification of regions.

    The Puerto Rico plan was evaluated on the basis of the following 
classifications.

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Puerto Rico..........................................          IA         IA       III       III           III
----------------------------------------------------------------------------------------------------------------

[37 FR 10905, May 31, 1972]



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.



Sec. 52.2723  EPA--approved Puerto Rico regulations.

[[Page 688]]



                               Regulation for the Control of Atmospheric Pollution
----------------------------------------------------------------------------------------------------------------
                                           Commonwealth
         Puerto Rico regulation           effective date       EPA approval date               Comments
----------------------------------------------------------------------------------------------------------------
                                           PART I, GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
Rule 101--Title.........................         9/28/95  1/22/97; 62 FR 3213         ..........................
Rule 102--Definitions...................         9/28/95  ......do..................  ..........................
Rule 103--Source Monitoring,                     9/28/95  ......do..................  ..........................
 Recordkeeping, Reporting, Sampling and
 Testing Methods.
Rule 104--Emission Data Available to             9/28/95  ......do..................  ..........................
 Public Participation.
Rule 105--Malfunction...................         9/28/95  ......do..................  ..........................
Rule 106--Test Methods..................         9/28/95  ......do..................  ..........................
Rule 107--Air Pollution Emergencies.....         9/28/95  ......do..................  ..........................
Rule 108--Air Pollution Control                  9/28/95  ......do..................  ..........................
 Equipment.
Rule 109--Notice of Violation...........         9/28/95  ......do..................  ..........................
Rule 110--Revision of Applicable Rules           9/28/95  ......do..................  ..........................
 and Regulations.
Rule 111--Applications, Hearings, Public         9/28/95  ......do..................  ..........................
 Notice.
Rule 113--Closure of a Source...........         9/28/95  ......do..................  ..........................
Rule 114--Compulsory and Optional                9/28/95  ......do..................  ..........................
 Hearing.
Rule 115--Punishment....................         9/28/95  ......do..................  ..........................
Rule 116--Public Nuisance...............         9/28/95  ......do..................  ..........................
Rule 117--Overlapping or Contradictory           9/28/95  ......do..................  ..........................
 Provisions.
Rule 118--Segregation and Combination of         9/28/95  ......do..................  ..........................
 Emissions.
Rule 119--Derogation....................         9/28/95  ......do..................  ..........................
Rule 120--Separability Clause...........         9/28/95  ......do..................  ..........................
Rule 121--Effectiveness.................         9/28/95  ......do..................  ..........................
----------------------------------------------------------------------------------------------------------------
                                          PART II, APPROVAL AND PERMIT
----------------------------------------------------------------------------------------------------------------
Rule 201--Location Approval.............         9/28/95  ......do..................  ..........................
Rule 202--Air Quality Impact Analysis...         9/28/95  ......do..................  ..........................
Rule 203--Permit to Construct a Source..         9/28/95  ......do..................  ..........................
Rule 204--Permit to Operate a Source....         9/28/95  ......do..................  ..........................
Rule 205--Compliance Plan for Existing           9/28/95  ......do..................  ..........................
 Emission Sources.
Rule 206--Exemptions....................         9/28/95  ......do..................  ..........................
Rule 207--Continuing Responsibility for          9/28/95  ......do..................  ..........................
 Compliance.
Rule 208--Agricultural Burning                   9/28/95  ......do..................  ..........................
 Authorized.
Rule 209--Modification of the Allowed            9/28/95  ......do..................  ..........................
 Sulfur-in-Fuel Percentage.
Rule 210--(Reserved) Part III,
 ``Variance''.
----------------------------------------------------------------------------------------------------------------
                                               PART III, VARIANCE
----------------------------------------------------------------------------------------------------------------
Rule 301--Variances Authorized..........         9/28/95  ......do..................  ..........................
Rule 302--Emergency Variances...........         9/28/95  ......do..................  ..........................
----------------------------------------------------------------------------------------------------------------
                                              PART IV, PROHIBITIONS
----------------------------------------------------------------------------------------------------------------
Rule 401--Generic Prohibitions..........         9/28/95  ......do..................  ..........................
Rule 402--Open Burning..................         9/28/95  ......do..................  ..........................
Rule 403--Visible Emissions.............         9/28/95  ......do..................  ..........................
Rule 404--Fugitive Emissions............         9/28/95  ......do..................  ..........................
Rule 405--Incineration..................         9/28/95  ......do..................  ..........................
Rule 406--Fuel Burning Equipment........         9/28/95  ......do..................  ..........................
Rule 407--Process Sources...............         9/28/95  ......do..................  ..........................
Rule 408--Asphaltic Concrete Batching            9/28/95  ......do..................  ..........................
 Plants.
Rule 409--Non-Process Sources...........         9/28/95  ......do..................  ..........................
Rule 410--Maximum Sulfur Content in              9/28/95  ......do..................  ..........................
 Fuels.
Rule 412--Sulfur Dioxide Emissions:              9/28/95  ......do..................  ..........................
 General.
Rule 413--Sulfuric Acid Plants..........         9/28/95  ......do..................  ..........................
Rule 414--Sulfur Recovery Plants........         9/28/95  ......do..................  ..........................
Rule 415--Non-Ferrous Smelters..........         9/28/95  ......do..................  ..........................
Rule 416--Sulfite Pulp Mills............         9/28/95  ......do..................  ..........................
Rule 417--Storage of Volatile Organic            9/28/95  ......do..................  ..........................
 Compounds.
Rule 423--Limitations for the Guaynabo            4/2/94  5/31/95; 60 FR 28333......
 PM10 Nonattainment Area.
----------------------------------------------------------------------------------------------------------------

[[Page 689]]

 
                                                  PART V, FEES
----------------------------------------------------------------------------------------------------------------
Rule 501--Permit Fees...................         9/28/95  1/22/97; 62 FR 3213.......
Rule 502--Excess Emission Fees..........         9/28/95  ......do..................  ..........................
Rule 503--Test Fees.....................         9/28/95  ......do..................  ..........................
Rule 504--Modification..................         9/28/95  ......do..................  ..........................
----------------------------------------------------------------------------------------------------------------

[62 FR 3213, Jan. 22, 1997; 62 FR 6619, Feb. 12, 1997]



Sec. 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 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

[[Page 690]]

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.
    (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.

[[Page 691]]

    (5) Exemption of the St. John Municipal Incinerator from the 
requirements of section 204-23, paragraph (c)(2) of the Virgin Islands 
Air Pollution Control Code submitted on July 9, 1975, by the Governor.
    (6) Revised Section 204-26 (Sulfur Compounds Emissions Control) 
submitted on January 21, 1976 by the Governor of the Virgin Islands, as 
it applies to the islands of St. Thomas and St. John.
    (7) Amended revised Section 204-26 submitted on June 3, 1976 by the 
Governor of the Virgin Islands, as it applies to the islands of St. 
Thomas and St. John.
    (8) As it applies to the island of St. Croix, per an August 16, 1976 
request from the Virgin Islands, revised 12 V.I.R. & R. 9:204-26 (Sulfur 
Compounds Emission Control) excluding subsection (a)(2), as submitted on 
January 21, 1976 by the Governor of the Virgin Islands.
    (9) Revision submitted on August 29, 1977, by the Governor of the 
Virgin Islands which allows, under provisions of 12 V.I.R. & R. 9:204-
26, the relaxation of the sulfur-in-fuel-oil limitation to 1.5 percent, 
by weight, for the Virgin Islands Water and Power Authority's 
Christiansted Power Plant.
    (10) Revision submitted on February 9, 1980 by the Commissioner of 
the Department of Conservation and Cultural Affairs of the Government of 
the Virgin Islands of the United States which grants an ``administrative 
order'' under Title 12 V.I.C. section 211 and Title 12 V.I.R. & R. 
sections 204-26(d). This ``administrative order'' relaxes, until one 
year from the date of EPA approval, the sulfur-in-fuel-oil limitation to 
1.5 percent, by weight, applicable to Martin Marietta Alumina and the 
Hess Oil Virgin Islands Corporation, both located in the Southern 
Industrial Complex on the Island of St. Croix.
    (11) A document entitled ``Air Monitoring Plan,'' November 1979, 
submitted on February 23, 1981, by the Virgin Islands Department of 
Conservation and Cultural Affairs.
    (12) Revision submitted on April 9, 1981 by the Commissioner of the 
Department of Conservation and Cultural Affairs of the Government of the 
Virgin Islands of the United States which grants an ``administrative 
order'' under Title 12 V.I.C. section 211 and Title 12 V.I.R. and R. 
sections 204-26(d). This ``administrative order'' relaxes, until one 
year from the date of EPA approval, the sulfur-in-fuel-oil limitation to 
1.5 percent, by weight, applicable to Martin Marietta Alumina and the 
Hess Oil Virgin Islands Corporation, both located in the Southern 
Industrial Complex on the Island of St. Croix.
    (13) Revision submitted on January 12, 1983 by the Commissioner of 
the Department of Conservation and Cultural Affairs of the Government of 
the Virgin Islands of the United States which grants an ``administrative 
order'' under Title 12 V.I.C. section 211 and Title 12 V.I.R. and R. 
sections 204-26(d). This ``administrative order'' relaxes, until one 
year from the date of EPA approval, the sulfur-in-fuel-oil limitation to 
1.5 percent, by weight, applicable to Martin Marietta Alumina and the 
Hess Oil Virgin Islands Corporation, both located in the Southern 
Industrial Complex on the Island of Saint Croix.
    (14) An Implementation Plan for attainment of the lead standard was 
submitted by the Governor of the U.S. Virgin Islands on November 16, 
1984.
    (15) Revision submitted on December 1, 1983 by the Virgin Islands 
Department of Environmental Conservation and Cultural Affairs which 
grants a variance establishing, for one year from February 26, 1985, a 
maximum sulfur-in-fuel-oil limitation of 1.5 percent, by weight, for the 
Hess Oil Virgin Islands Corporation and the Martin Marietta Aluminum 
Properties, Inc. facilities located on the Island of Saint Croix.
    (16) Revision submitted on February 11, 1986 by the Virgin Islands 
Department of Environmental Conservation and Cultural Affairs which 
grants a variance establishing, for one year from April 14, 1987, a 
maximum sulfur-in-fuel-oil limitation of 1.5 percent, by weight, for the 
Hess Oil Virgin Islands Corporation and the Martin Marietta Properties 
facilities located on the Island of St. Croix.
    (17) Comprehensive revisions to Virgin Islands air pollution control 
regulations submitted on March 20, 1987, by

[[Page 692]]

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.
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.......

[[Page 693]]

 
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]



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

[[Page 694]]

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 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.

[[Page 695]]


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.
    (1) Previously approved on May 31, 1972 and now deleted without 
replacement Chapter 35.01, Section 35.0113 of the Environmental Quality 
Act.
    (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; 62 FR 34648, June 27, 1997]



Sec. 52.2821  Classification of regions.

    The American Samoa plan was evaluated on the basis of the following 
classifications:

[[Page 696]]



----------------------------------------------------------------------------------------------------------------
                                                                               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 697]]

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 698]]

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 to Part 52 [Reserved]

 Appendix D to Part 52--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 699]]

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 700]]

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 H2 SO4 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.
[GRAPHIC] [TIFF OMITTED] TR08MY98.000


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.
[GRAPHIC] [TIFF OMITTED] TR08MY98.001


where:
xi=sum of all data points.
t.975 = t1-a/2, and
C.I.95=95 percent confidence interval estimated of the 
average mean value.

[[Page 701]]



                        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
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

[[Page 702]]

the slower time as the system response time. Use the example sheet shown 
in Figure D-6.
    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 703]]

 
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
                          --------------------                                                          drift
                                               Date set    Zero    Zero drift    Span    (   (
           Date                                   No.     reading  (   reading     span)    span- zero)
 
----------------------------------------------------------------------------------------------------------------
                                                      1
                                                      2
                                                      3
                                                      4
                                                      5

[[Page 704]]

 
                                                      6
                                                      7
                                                      8
                                                      9
                                                     10
                                                     11
                                                     12
                                                     13
                                                     14
                                                     15
Zero drift=[mean zero drift 1------ + CI (zero) ------ emission standard] x 100= ------.
Calibration drift=[mean span drift 1 ------ CI + CI (span) ------ emission standard] x 100= ------.
----------------------------------------------------------------------------------------------------------------
\1\ Absolute value.

      

                                 Figure D-5--Zero and Calibration Drift (24 hr)
----------------------------------------------------------------------------------------------------------------
                                              Zero drift (   Span reading (after     Calibration drift
    Date and time           Zero reading              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 to Part 52--Performance Specifications and, Specification 
     Test Procedures for Monitoring Systems for Effluent Stream Gas 
                          Volumetric Flow Rate

    1. Principle and applicability.

[[Page 705]]

    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 706]]

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 707]]

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]

 Appendix F to Part 52--Clean Air Act Section 126 Petitions From Eight 
  Northeastern States: Named Source Categories and Geographic Coverage

    The table and figures in this appendix are cross-referenced in 
Sec. 52.34.

      Table F-1.--Named Source Categories in Section 126 Petitions
------------------------------------------------------------------------
      Petitioning state                 Named source categories
------------------------------------------------------------------------
Connecticut..................  Fossil fuel-fired boilers or other
                                indirect heat exchangers with a maximum
                                gross heat input rate of 250 mmBtu/hr or
                                greater and electric utility generating
                                facilities with a rated output of 15 MW
                                or greater.
Maine........................  Electric utilities and steam-generating
                                units with a heat input capacity of 250
                                mmBtu/hr or greater.
Massachusetts................  Electricity generating plants.
New Hampshire................  Fossil fuel-fired indirect heat exchange
                                combustion units and fossil fuel-fired
                                electric generating facilities which
                                emit ten tons of NOX or more per day.
New York.....................  Fossil fuel-fired boilers or indirect
                                heat exchangers with a maximum heat
                                input rate of 250 mmBtu/hr or greater
                                and electric utility generating
                                facilities with a rated output of 15 MW
                                or greater.
Pennsylvania.................  Fossil fuel-fired indirect heat exchange
                                combustion units with a maximum rated
                                heat input capacity of 250 mmBtu/hr or
                                greater, and fossil fuel-fired electric
                                generating facilities rated at 15 MW or
                                greater.
Rhode Island.................  Electricity generating plants.
Vermont......................  Fossil fuel-fired electric utility
                                generating facilities with a maximum
                                gross heat input rate of 250 mmBtu/hr or
                                greater and potentially other
                                unidentified major sources.
------------------------------------------------------------------------


[[Page 708]]

[GRAPHIC] [TIFF OMITTED] TR25MY99.000


[[Page 709]]

[GRAPHIC] [TIFF OMITTED] TR25MY99.001


[[Page 710]]

[GRAPHIC] [TIFF OMITTED] TR25MY99.002


[[Page 711]]

[GRAPHIC] [TIFF OMITTED] TR25MY99.003


[[Page 712]]

[GRAPHIC] [TIFF OMITTED] TR25MY99.004

[64 FR 28323, May 25, 1999]

    Effective Date Note:  At 64 FR 28323, May 25, 1999, Appendix F to 
part 52 was added, effective July 26, 1999.


[[Page 713]]



                              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.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected



[[Page 715]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 1999)

                      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)

[[Page 716]]

      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     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

[[Page 717]]

         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition 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)
      XIII  Northeast Dairy Compact Commission (Parts 1300--1399)
       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 the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)

[[Page 718]]

    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     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)
       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)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           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)
      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)

[[Page 719]]

        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  Department of the Treasury (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)

                    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  Commercial Space Transportation, Federal Aviation 
                Administration, 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)

[[Page 720]]

      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)

          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)

[[Page 721]]

                     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 (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)
       VII  Overseas Private Investment Corporation (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)

[[Page 722]]

                          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)
        IV  Office of Multifamily Housing Assistance 
                Restructuring, Department of Housing and Urban 
                Development (Parts 400--499)
         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)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities 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--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 723]]

                           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)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      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)

                            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 Standards, 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)

[[Page 724]]

       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)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      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)
       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)

[[Page 725]]

       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)
       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)

[[Page 726]]

                        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)
         X  Presidio Trust (Parts 1000--1099)
        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)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts

[[Page 727]]

        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) [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300.99)
       301  Temporary Duty (TDY) 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)

[[Page 728]]

       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             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 
                (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  Corporation for National and Community Service (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)

[[Page 729]]

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Transportation (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      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  United States 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)
        23  Social Security Administration (Parts 2300--2399)
        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)

[[Page 730]]

        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)
        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)
        XI  Bureau of Transportation Statistics, Department of 
                Transportation (Parts 1400--1499)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)

[[Page 731]]

        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (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)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 733]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 1999)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

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, United      22, II
     States
  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
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  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
  Food and Nutrition 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
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  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
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 734]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
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
Chief Financial Officer, Office of                7, XXX
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
Coast Guard (Great Lakes Pilotage)                46, III
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, VI
  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                   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                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Corporation for National and Community Service    45, XII, XXV
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; 
                                                  40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII

[[Page 735]]

  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  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 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 Development Administration               13, III
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                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 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
Environmental Protection Agency                   5, LIV; 40, I, VII
  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
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1

[[Page 736]]

Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 5, XXIX; 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              5, XXIV; 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 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  5, LXXIV; 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
  Board of Governors                              5, LVIII
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
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
Food and Drug Administration                      21, I
Food and Nutrition 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                   5, LVII
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  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

[[Page 737]]

  Temporary Duty (TDY) 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
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 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      5, LXV; 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
  Multifamily Housing Assistance Restructuring,   24, IV
       Office of
  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
  American Indians, Office of the Special         25, VII
       Trustee
  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
  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

[[Page 738]]

  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, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, United States        22, II; 48, 7
       Agency for
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
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                                5, XXVIII; 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                                  5, XLII
  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 Standards, Office of           29, II, 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 Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  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

[[Page 739]]

Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Multifamily Housing Assistance Restructuring,     24, IV
     Office of
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      5, LXVI; 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, XII, 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 Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
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                       5, XLIII; 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
Northeast Dairy Compact Commission                7, XIII
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
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
     Acquisition Regulation
[[Page 740]]

  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
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
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, XXXV
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
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
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 Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Commercial Space Transportation                 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
  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

[[Page 741]]

  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Statistics Brureau                 49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 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
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 743]]



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
52.1020  (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
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

[[Page 744]]

    (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
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

[[Page 745]]

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
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

[[Page 746]]

52.2824  (a) amended...............................................40677
52.2826  (a) amended...............................................40676
52.2900 (Subpart FFF)  Added.......................................40799

                                  1987

40 CFR
                                                                   52 FR
                                                                    Page
Chapter I
52.1020  (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
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

[[Page 747]]

                                  1988

40 CFR
                                                                   53 FR
                                                                    Page
Chapter I
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
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
52.1020  (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
    (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

[[Page 748]]

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
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

[[Page 749]]

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
52.1020  (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
52.1070  (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

[[Page 750]]

    (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
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
52.1020  (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
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

[[Page 751]]

    (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
52.1020  (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
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

[[Page 752]]

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
52.1019  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

[[Page 753]]

    (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
    (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

[[Page 754]]

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
    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
52.1020  (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 755]]

    (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
    (a)(5) removed; (b) revised; eff. 7-5-95.......................22295

[[Page 756]]

    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
52.2385  Added......................................................4738
52.2420  (c)(103) added; eff. 7-3-95...............................21453
    (c)(105) added.................................................43717
    (c)(106) added.................................................49769

[[Page 757]]

    (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

                                  1996

40 CFR
                                                                   61 FR
                                                                    Page
Chapter I
52.1020  (c)(37) added..............................................5693
    (c)(42) and (43) added.........................................53639
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
    Added..........................................................50717
    Heading revised; (c) added.....................................64029
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
52.1119  (a)(2) added..............................................43976
52.1120  (c)(107) added.............................................2923
    (c)(109) added..................................................5698
    (c)(106) added.................................................11559
    (c)(112) added.................................................41338
    (c)(111) added.................................................53632
52.1132  Added......................................................2923

[[Page 758]]

52.1167  Table amended.........................5699, 11560, 41338, 53632
52.1170  (c)(103) added.............................................6547
    (c)(104) added..................................................7996
    (c)(106) added.................................................31848
    (c)(107) added; eff. 7-1-96 through 9-15-96; interim...........45898
52.1173  (e) added..................................................3817
    Regulation at 61 FR 3817 withdrawn.............................12030
    (f) added......................................................40519
    (g) added......................................................66609
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
    (j) removed....................................................39332
    (n) added......................................................66609
    (m) added......................................................66611
52.1185  Added.........................................3817, 5696, 66611
    Regulation at 61 FR 3817 withdrawn.............................12030
    Regulation at 61 FR 5696 withdrawn.............................16229
    (b) added......................................................66609
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
    (c)(86) revised................................................39335
52.1323  (h) added..................................................9644
52.1324  Removed...................................................16061
52.1370  (c)(40) added.............................................11162
    (c)(44) added..................................................51018
    (c)(43) added..................................................54948
    (c)(34) added..................................................60614
52.1374  Removed...................................................16061
52.1375  Revised...................................................16061
52.1376  Revised...................................................16062
52.1380  Removed...................................................11162
52.1389  Removed...................................................60615
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
52.1478  Added.....................................................57333
52.1570  (c)(58) added..............................................5302
    (c)(54) added..................................................38593
52.1572  Added.....................................................56900
52.1582  (e) and (f) added.........................................53628
    (e) and (f) removed............................................66607
52.1605  Table amended.......................................5302, 38594
52.1620  (c)(63) added; eff. 7-15-96...............................29973
    (c)(61) added; eff. 8-23-96....................................32341
    (c)(60) added..................................................48409
    (c)(62) added..................................................53642
52.1625  Removed...................................................16062
52.1627  Revised; eff. 7-15-96.....................................29973
52.1670  (c)(89) added.............................................38597
52.1672  Added.....................................................56900
52.1679  Table amended.............................................38597
52.1683  (c) added.................................................51217
    (c) removed....................................................64029
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
    (c)(91) added..................................................49414
    (c)(89) added..................................................49418
52.1820  (c)(28) added.............................................52868
    (c)(25) added..................................................60615
52.1824  (a) and (b) removed.......................................16062
52.1833  Removed...................................................60615
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
    (c)(111) added.................................................52883
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

[[Page 759]]

    (c)(114) added.................................................37395
    (c)(115) added.................................................50714
52.1973  Removed...................................................16062
52.1981  Removed...................................................16062
52.2020  (c)(105) added.............................................2930
    (c)(104) added..................................................5302
    (c)(93) correctly removed; CFR correction.......................5515
    (c)(97) added..................................................14495
    (c)(103) added.................................................15712
    (c)(108) added.................................................24708
    (c)(103) revised...............................................29484
    (c)(90), (91) and (92) added; eff. 7-12-96.....................29665
    (c)(111) added.................................................39597
    (c)(110) added.................................................39600
    (c)(100) added.................................................54737
    (c)(113) added.................................................67231
    (c)(112) added.................................................67233
52.2023  (b), (c), (d), (f) and (g) removed; (e), (h) and (i) 
        redesignated as (b), (c) and (d)...........................16062
52.2030  (b) removed...............................................16062
52.2031  Removed...................................................16062
52.2034  Revised...................................................16062
52.2036  Added......................................................2931
    Heading revised; existing text designated as (a); (b) added....15713
    (c) added......................................................24709
    (f) added......................................................67232
52.2037  (c) added.................................................15713
    (d) added......................................................24709
    (b)(1) revised; eff. 8-15-96...................................28066
    (e), (f) and (g) added.........................................67231
52.2038  Removed...................................................16062
52.2039  Removed...................................................16062
52.2041  Removed...................................................16062
52.2042  Removed...................................................16062
52.2043  Removed...................................................16062
52.2049  Removed...................................................16062
52.2050  Removed...................................................16062
52.2051  Removed...................................................16062
52.2053  Removed...................................................16062
52.2061  Added.....................................................39601
    (b) added......................................................39597
52.2062  Added.....................................................39601
    (b) added......................................................39597
52.2070  (c)(44) added..............................................3826
    (c)(41) added...................................................4356
    (c)(45) added..................................................11734
    (c)(43) added..................................................14977
    (c)(46) and (47) added.........................................55903
52.2081  Table amended..................3826, 14977, 11735, 14978, 55903
52.2086  Added.....................................................55902
52.2120  (c)(39) added..............................................6115
52.2219  Revised...................................................37390
52.2220  (c)(127) added.............................................3319
    (c)(134) added.................................................11137
    (c)(133) added.................................................14493
    (c)(136) added.................................................14636
    (c)(138) added.................................................37390
    (c)(142) added.................................................38392
    (c)(139) added.................................................39328
    (c)(137) added.................................................39334
    (c)(143) added.................................................43973
    (c)(141) added.................................................47057
    (c)(140) added.................................................53636
    (c)(144) added.................................................55909
52.2225  (b) and (c) removed.......................................37390
52.2237  Added..............................................36506, 54946
    Regulation at 61 FR 36506 withdrawn............................47057
52.2270(c)(101) added..............................................49688
    (c)(103) added.................................................55896
52.2273  Introductory text amended; (a) removed....................16062
52.2294  Removed...................................................16062
52.2296  Removed...................................................16062
    Corrected......................................................32339
52.2297  Removed...................................................16062
    Corrected......................................................32339
52.2298  Removed...................................................16062
    Corrected......................................................32339
52.2305  Removed...................................................16062
52.2320  Second (c)(26) redesignated as (c)(27).....................9350
    (c)(34) added; eff. 7-5-96.....................................20145
    (c)(30) added..................................................60615
52.2322  Removed...................................................16062
52.2331  Revised...................................................16062
52.2348  Removed...................................................60615
52.2420  (c)(107) added.............................................2937
    (c)(110) added; eff. 7-29-96...................................29965
    (c)(108) and (109) added.......................................38390
52.2423  (b) and (c) removed.......................................16062
    (o) and (p) added..............................................38390
52.2425  Added......................................................2937
    Heading revised; existing text designated as (a); (b) added....48632
    (c) added......................................................48635
52.2430  Removed...................................................16062
52.2431  Removed...................................................16063
52.2435  Removed...................................................16063
52.2436  (a) removed...............................................16063
52.2438  Removed...................................................16063
52.2440  Removed...................................................16063
52.2470  (c)(59) added..............................................5705
    (c)(60) added; eff. 7-22-96....................................25793
    (c)(61) added...........................................38091, 50238
    (c)(62) added...........................................38600, 53070
    (c)(63) added..................................................41335

[[Page 760]]

    Regulations at 61 FR 38091 and 61 FR 38600 withdrawn...........47055
    (c)(65) added..................................................49690
    (c)(66) added..................................................50442
    (c)(64) added..................................................50714
    (c)(67) added..................................................53327
    (c)(68) added..................................................54563
52.2483  Removed...................................................16063
52.2520  (c)(39) and (40) added....................................54735
    (c)(35) added..................................................60197
52.2522  (g) added.................................................58482
52.2523  Revised...................................................16063
52.2570  (c)(83) added..............................................5302
    (c)(82)(i)(D) correctly revised.................................5303
    (c)(88) added...................................................5515
    (c)(87) added...................................................9642
    (c)(91) added..................................................11738
    (c)(90) added..................................................14974
    (c)(89) added..................................................15708
    (c)(93) added..................................................18259
    (c)(84), (85) and (86) added...................................18683
    (c)(95) added..................................................37218
    (c)(92) added..................................................39330
    (c)(94) added..................................................45329
52.2585  (i) added..................................................2438
    (k) added......................................................43675
    (j) added......................................................43972
52.2623  Removed...................................................16063
52.2634  Added.....................................................47059

                                  1997

40 CFR
                                                                   62 FR
                                                                    Page
52.1020  (c)(44) added.............................................49611
52.1031  Table amended.............................................49611
52.1036  Added......................................................9086
    (e) added......................................................41277
52.1070  (c)(120) and (121) added...................................8382
    (c)(122), (123) and (124) added................................41856
    (c)(126) and (127) added.......................................46201
    (c)(125) added.................................................53548
52.1072  Added.....................................................40944
    (b) added......................................................49616
    (c) added......................................................52666
52.1075  (e) added.................................................19679
    (c) and (d) correctly designated...............................34405
    (e) correctly designated.......................................34406
52.1076  Added.....................................................40458
52.1170  (c)(108) added............................................24343
52.1220  (c)(44) added.............................................17083
    (c)(45) added..................................................19675
    Regulation at 62 FR 17083 withdrawn............................30760
    (c)(114) added; interim........................................37509
    (c)(113) added.................................................37514
52.1125  Added.....................................................37514
52.1170  (c)(109) added............................................59996
52.1174  (p) added.................................................50514
52.1219  (b) added.................................................39123
52.1220  (c)(44) added.............................................53242
52.1237  (b) added.................................................55172
52.1270  Redesignated as 52.1281; new 52.1270 added................35442
    (c) table amended..............................................37726
    (c) table corrected............................................40139
52.1281  Redesignated from 52.1270; heading and (a) revised........35442
52.1320  (c)(95) added..............................................9973
    (c)(97) added..................................................26396
    (c)(96) added..................................................26407
    (c)(99) added..................................................44221
    (c)(96) revised................................................45166
    (c)(100) added.................................................45167
    (c)(101) added.................................................46881
    (c)(98) added..................................................52660
52.1323  (j) added.................................................26396
    (k) added......................................................46881
    (l) added......................................................52661
52.1391  Added.....................................................65616
52.1420  (c)(45) added.............................................13331
52.1470  (b)(1), (c)(14)(ii)(A), (16)(viii)(A) and (24)(iv)(A) 
        added......................................................34648
52.1520  (c)(49) and (50) added....................................17092
    (c)(52) added..................................................55525
52.1525  Table amended.............................................17092
52.1533  Added.....................................................55525
52.1570  (c)(59) added..............................................2585
    (c)(60) added...................................................3805
    (c)(62) added..................................................24036
    (c)(63) added..................................................42413
52.1580  Added; interim............................................26405
    (a), (b) and (c) redesignated as (a)(1), (2) and (3); (a) 
heading and new (b) added..........................................35102
52.1582  (d)(1) amended; (d)(3) through (7) added..................35103
52.1605  Table amended.......................................3805, 24036
    Table corrected................................................26854
    Table amended..................................................42414
52.1620  (c)(65) added.............................................14334
    Regulation at 62 FR 14334 withdrawn............................28806
    (c)(66) added..................................................50518
52.1670  (c)(91) added.............................................49619
    (c)(93) added..................................................67006
52.1679  Table amended.............................................67006
52.1683  (c), (d) and (e) added; interim...........................55344
    (f) added......................................................66825
52.1770  (c)(94) added.............................................41280
52.1820  (c)(29) added.............................................19229

[[Page 761]]

52.1870  (c)(112) added..............................................648
    (c)(104)(i)(C) added............................................8171
    (c)(113) added..................................................8385
    (c)(114) added.................................................18521
    (c)(115) added.................................................49442
52.1885  (a)(5) added..............................................26399
    (bb) added.....................................................28637
    Regulation at 62 FR 26399 eff. date delayed to 9-12-97.........32204
    Regulation at 62 FR 28637 withdrawn............................40281
    Regulation at 62 FR 26399 eff. date delayed to 1-9-98..........43109
    (a)(6) added...................................................44907
    (bb) added.....................................................61246
52.1890  Added.....................................................47947
52.1920  (c)(44) added.............................................26395
52.1970  (c)(116) added.............................................8388
    (c)(117) added.................................................10457
    (c)(118) added.................................................10462
    (c)(119) added.................................................18053
    (c)(120) added.................................................27208
    (c)(121) added.................................................33550
52.1970  (c)(122) added............................................46210
52.1987  (a) revised...............................................10462
52.1988  Revised...................................................10462
52.2020  (c)(115) added.............................................4169
    (c)(114) added.................................................11082
    (c)(118) added.................................................19048
    (c)(120) added.................................................19050
    (c)(117) added.................................................19054
    (c)(123) added.................................................24834
    (c)(122) added.................................................30252
    (c)(121) added.................................................31734
    (c)(124) added.................................................31739
    (c)(125) added.................................................38917
    (c)(127) added.................................................43104
    (c)(119) added.................................................44415
    (c)(126) added.................................................50871
    (c)(128) added.................................................50873
    (c)(107) added.................................................64725
52.2026  Added; interim.............................................4019
    (c) added......................................................31349
    (a) introductory text and (1) revised..........................59998
52.2036  (e) added.................................................24834
    (i) added......................................................31349
    (j) added......................................................38917
52.2037  (f) corrected..............................................8624
    (h) added......................................................11082
52.2070  (c)(50) added.............................................18716
    (c)(48) and (49) added.........................................46207
52.2081  Table amended.............................................46207
52.2084  (a)(2) added..............................................18716
52.2120  Redesignated as 52.2134; new 52.2120 added................35444
    (c) table amended.......................................44219, 47761
52.2133  Added.....................................................32538
52.2134  Redesignated from 52.2120; heading and (a) revised........35444
52.2219  Removed...................................................18047
52.2220  (c)(145) added.............................................6728
    (c)(148) added..................................................7163
    (c)(149) added.................................................14327
    (c)(150) added.................................................18047
    (c)(152) added.................................................29301
    (c)(153) added.................................................32691
    (c)(147) added.................................................35683
    (c)(156) added.................................................38912
    (c)(158) added.................................................40460
    (c)(155) added.................................................40735
    (c)(151) added.................................................42070
    (c)(154) added.................................................43109
    (c)(157) added.................................................43645
    (c)(159) and (160) added.......................................62698
52.2270  (c)(101)(i)(B) and (ii)(A) revised.........................7164
    (c)(104) added.................................................27966
    (c)(100) added.................................................29299
    (c)(102) added.................................................44087
    (c)(91) removed................................................49154
52.2303  (a) revised...............................................44088
52.2308  (e) added.................................................28349
52.2310  Added; interim............................................37144
52.2320  (c)(36) added.............................................17095
    (c)(37) added..................................................24826
    (c)(38) added..................................................38216
52.2348  Added; interim............................................31351
52.2350  Added.....................................................38217
52.2351  Added.....................................................38217
52.2370  (c)(22) added.............................................17087
    (c)(23) added..................................................41282
    (c)(24) added..................................................41869
52.2375  Table revised.............................................41869
52.2381  Table amended.............................................17087
    Table amended...........................................41282, 41870
52.2420  (c)(106) added............................................11333
    (c)(113) and (114) added.......................................11336
    (c)(117) added.................................................11345
    Regulation at 62 FR 11345 withdrawn............................23139
    (c)(117) added.................................................34412
    (c)(115) and (116) added.......................................38914
    (c)(121) added.................................................53239
    (c)(120) added.................................................53245
    (c)(118) added.................................................54587
    (c)(119) added.................................................61240
52.2424  Added.....................................................11345
    Regulation at 62 FR 11345 withdrawn............................23139
    Added..........................................................34412
    Existing text designated as (a); (b) added.....................61240
52.2428  Added.....................................................32207

[[Page 762]]

    Existing text designated as (a); (b) added.....................38932
    Removed........................................................43472
    Added..........................................................52032
52.2450  Existing text designated as (a); (b), (c) and (d) added 
                                                                   26748
    (e) added......................................................34007
    (b)(1) and (3) amended; (b)(2) revised.........................49152
52.2454  Added.....................................................52638
52.2470  (c)(69) added..............................................3803
    (c)(70) added...................................................8626
    (c)(71) added..................................................13332
    (c)(72) added..................................................23365
    (c)(73) added..................................................27209
    (c)(73) added..................................................42217
    (c)(75) added..................................................49444
    (c)(75) revised................................................68187
52.2479  Amended...................................................68188
52.2585  (l) added.................................................39448
52.2720  (c)(36) added..............................................3213
52.2723  Added......................................................3213
    Corrected.......................................................6619
52.2820  (b)(1) added..............................................34648

                                  1998

40 CFR
                                                                   63 FR
                                                                    Page
52.1020  (c)(39) added.............................................42728
    Regulation at 63 FR 42727 withdrawn............................53596
52.1031  Table amended.............................................42728
    Regulation at 63 FR 42727 withdrawn............................53596
52.1070  (c)(128) added; eff. 7-13-98..............................26463
    (c)(130) added.................................................45399
    (c)(131) and (132) added.......................................46663
    (c)(133), (134) and (135) added................................47179
    Regulation at 63 FR 45399 withdrawn............................54355
    (c)(140) added.................................................59722
    (c)(136) added.................................................67784
    (c)(130) added.................................................70669
52.1072  (d) added.................................................47179
52.1073  (e) added.................................................47179
52.1075  (f) added.................................................36858
52.1076  Heading revised; existing text designated as (a); (b) 
        added......................................................67782
52.1170  (c)(110) added.............................................6651
52.1174  (q) added; eff. 7-20-98...................................27494
    (q) removed....................................................40371
52.1219  Regulation at 62 FR 39123 eff. date corrected to 5-4-98 
                                                                   24435
52.1220  (c)(46) added.............................................54587
52.1237  Regulation at 62 FR 55172 eff. date corrected to 2-10-98 
                                                                    6647
52.1320  (c)(102) added.............................................3039
    Regulation at 62 FR 46881 eff. date corrected to 2-10-98........6645
    Regulation at 61 FR 39335 eff. date corrected to 2-10-98........6648
    (c)(103) added.................................................19825
    (c)(105) added.................................................20319
    (c)(106) added.................................................36854
    (c)(107) added.................................................38756
    (c)(108) added.................................................45727
    (c)(109) added.................................................65560
    (c)(111) added.................................................67594
    (c)(110) added.................................................70667
52.1323  Regulation at 62 FR 46881 eff. date corrected to 2-10-98 
                                                                    6645
    (m) added......................................................20320
52.1520  (c)(51) added.............................................11604
    (c)(54) added; eff. 7-13-98....................................26459
    (c)(53) and (58) added.........................................67407
52.1525  Table amended.............................................11604
    Table amended; eff. 7-13-98....................................26459
52.1570  (c)(64) added.............................................55953
    (c)(65) added..................................................62954
    Regulation at 63 FR 55953 withdrawn in part....................69193
52.1580  (b) revised...............................................45401
52.1581  Added.....................................................45401
52.1582  (e) added.................................................45402
    (f) added......................................................45404
52.1605  Table amended.............................................62954
52.1620  Redesignated as 52.1640; new 52.1620 added................37495
    (c) table amended..............................................48109
52.1623  Added.....................................................48109
52.1640  Redesignated from 52.1620; heading and (a) revised........37495
52.1670  (c)(92) added.............................................23668
    (c)(94) added..................................................46659
52.1679  Table amended......................................23668, 65559
52.1770  (c)(96) added.............................................72193
52.1820  (c)(30) added.............................................45727
52.1835  Added.....................................................45727
52.1870  (c)(117) added............................................13789
    (c)(116) added.................................................15093
52.1881  (a)(4) and (8) revised.............................15093, 35536
52.1885  (a)(7) added...............................................1063
    Regulation at 62 FR 26399 withdrawn.............................1369
    (z) added.......................................................4195
    Regulation at 62 FR 44907 eff. date corrected to 2-10-98........6649

[[Page 763]]

    Regulation at 62 FR 61246 eff. date corrected to 2-10-98........6664
    (cc) added.....................................................14626
    (a)(8) added...................................................36587
    (a)(9) added...................................................37258
    (a)(10) added..................................................44400
52.1890  Regulation at 62 FR 47947 eff. date corrected to 2-10-98 
                                                                    6646
52.1970  (c)(124) added............................................15294
    (c)(123) added.................................................24936
    (c)(125) added; eff. 7-13-98...................................26461
    (c)(126) added.................................................39747
52.2020  (c)(130) added............................................11372
    (c)(129) added.................................................13794
    (c)(131) added; eff. 7-23-98...................................31119
    (c)(133) added; eff. 8-11-98...................................32127
    (c)(132) added; eff. 8-28-98...................................35147
    (c)(135) added.................................................47436
    (c)(134) added.................................................54052
    (c)(136) added.................................................59887
    (c)(137) added.................................................66758
52.2023  (k) added.................................................13794
    (e) added......................................................23673
52.2026  Regulation at 62 FR 31349 eff. date corrected to 12-30-97
                                                                     415
    (a)(2) revised..................................................1368
    (d) and (e) added...............................................2153
    (e) added......................................................13794
    (f) correctly designated.......................................25167
    (a)(1), (3), (4), (5), (b)(2), (3), (4), (6), (11), (12) and 
(13) removed.......................................................46667
    (a)(2) amended.................................................46668
    Introductory text revised; (b)(1), (5), (7) through (10) and 
(14) removed.......................................................49441
    Regulation at 63 FR 49441 withdrawn............................56086
52.2036  Regulation at 62 FR 31349 eff. date corrected to 12-30-97
                                                                     415
52.2059  (b) added.................................................47436
52.2070  (c)(50) revised...........................................67600
52.2084  (a)(2) removed............................................67600
52.2086  (d) added.................................................67600
52.2120  (c) table amended.........................................67586
    (e) added......................................................70022
52.2170  (c)(17) added.............................................55807
52.2220  (c)(161) added; eff. 8-7-98...............................31121
    (c)(162) added.................................................54055
    (c)(163) added.................................................70664
    (c)(164) added.................................................72195
52.2270  (c)(108) added.............................................6493
    (c)(107) added..................................................6663
    (c)(106) added.................................................11835
    (c)(110) added; eff. 8-7-98....................................31123
    (c)(111) added; eff. 8-31-98...................................35841
    (c)(114) added.................................................56085
    Regulation at 63 FR 35841 eff. 11-4-98.........................59471
    (c)(113) added.................................................62947
52.2308  (f) added..................................................7072
52.2309  (d) added..................................................6663
    (e) added......................................................62947
52.2311  Added......................................................6653
52.2320  (c)(40) added.............................................43627
52.2348  Regulation at 62 FR 31351 eff. date corrected to 12-30-97
                                                                     414
52.2350  Existing text designated as (a); (b) added................18124
52.2370  (c)(25) added.............................................19828
52.2381  Table amended.............................................19828
    Table corrected................................................23501
52.2420  (c)(122) added............................................11842
    (c)(123) added.................................................13798
52.2425  (d) added.................................................36858
52.2450  (b)(2) revised.............................................1368
52.2451  Revised...................................................13798
52.2470  (c)(76) added..............................................5272
    Regulation at 61 FR 49690 eff. date corrected to 2-10-98........6648
    (c)(77) added..................................................19659
    (c)(74) added..................................................34603
    (c)(78) added..................................................64190
52.2585  (m) added..................................................5464
    Regulation at 62 FR 39448 eff. date corrected to 5-5-98........24748
52  Appendix D corrected; CFR correction...........................25415

                                  1999

   (Regulations published from January 1, 1999, through July 1, 1999)

40 CFR
                                                                   64 FR
                                                                    Page
52.1020  (c)(49) added; eff. 7-13-99...............................26310
    Regulation at 64 FR 26310 withdrawn............................34557
52.1031  Table amended; eff. 7-13-99...............................26310
    Regulation at 64 FR 26310 withdrawn............................34557
52.1070  (c)(141) added.............................................3855
    (c)(142) added; eff. 8-16-99...................................32417
    (c)(143) added; eff. 7-22-99...................................33200
52.1072  (e) added; eff. 7-22-99...................................33200
52.1120  (c)(118) added; eff. 8-2-99...............................29569

[[Page 764]]

52.1167  Table amended; eff. 8-2-99................................29569
52.1170  (c)(111) added; eff. 8-30-99..............................35023
52.1174  (q) added..................................................7793
52.1179  Added; eff. 8-30-99.......................................35023
52.1220  (c)(47) added..............................................5939
    (c)(48) added; eff. 7-19-99....................................26883
52.1270  (b) revised...............................................35009
52.1319  Added.....................................................28757
    Corrected......................................................32810
52.1320  (c)(112) added............................................15690
    (b) revised....................................................35009
    Redesignated as 52.1322; new 52.1320 added.....................34719
52.1322  Redesignated from 52.1320; heading and (a) revised........34719
52.1340  Added......................................................3859
52.1420  Redesignated as 52.1426; new 52.1420 added.................7094
52.1426  Redesignated from 52.1420; heading and (a) revised.........7094
52.1470  (c)(36) and (37) added....................................25213
    (c)(38) added; eff. 7-2-99.....................................29580
52.1570  (c)(66) added.............................................14833
52.1580  (b) removed...............................................19916
52.1581  Removed...................................................19916
52.1582  (d)(1) amended; (d)(3) and (4) revised; (g) added.........19916
52.1605  Table amended.............................................14834
52.1620  (e) table amended; eff. 8-2-99............................29239
52.1770  Redesignated as 52.1783; new 52.1770 added................27467
52.1783  Redesignated from 52.1770; heading and (a) revised........27467
52.1870  (c)(118) added............................................13073
    Regulation at 63 FR 13073 withdrawn............................24949
    (c)(119) and (120) added; eff. 8-9-99..........................30396
52.1881  (a)(4) and (8) revised; (a)(13) added.....................13073
    Regulation at 63 FR 13073 withdrawn............................24949
52.1885  (a)(11) added.............................................19289
52.1970  (c)(127) added............................................12759
    Regulation at 63 FR 39747 eff. date corrected to 6-21-99.......33021
52.2020  (c)(138) added............................................18823
    (c)(139) added; eff. 8-2-99....................................32414
52.2026  Introductory text revised; (b)(1), (5), (7) through (10) 
        and (14) removed; eff. 7-8-99..............................30406
    Introductory text, (a) and (b) removed; eff. 8-2-99............32414
52.2036  (k) added.................................................18821
    (l) added; eff. 8-16-99........................................32425
52.2070  (c)(54) added; eff. 8-2-99................................29566
    (c)(55) added; eff. 8-2-99.....................................29570
52.2081  Table amended; eff. 8-2-99.........................29566, 29570
52.2084  Corrected...................................................926
52.2220  (c)(165) added............................................19283
    Redesignated as 52.2239; new 52.2220 added.....................35012
52.2239  Redesignated from 52.2220; heading and (a) revised........35012
52.2270  (c)(105) added.............................................3847
    (c)(112) added..................................................4298
    (c)(117) added.................................................12762
    (c)(120) added.................................................19913
    (c)(116) added; eff. 8-2-99....................................29796
52.2308  (g) added.................................................19286
52.2310  Removed...................................................19913
52.2320  (c)(39) added..............................................3224
    (c)(41) added..................................................14623
    Regulation at 64 FR 14623 withdrawn............................25214
52.2420  (c)(128) added.............................................3427
    (c)(131) and (132) added.......................................22792
52.2450  (f) added.................................................22792
52.2470  (c)(79) added.............................................17547
52.2570  (c)(98) added.............................................28747
52.2581  (a), (b) and (c) removed; (d) and (e) added...............28748
52.2620  (c)(27) added; eff. 7-19-99...............................27181
52  Appendix F added; eff. 7-26-99.................................28323


                                  
