[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
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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
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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
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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
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the revision dates of the 50 CFR titles.
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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
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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]